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HomeMy WebLinkAboutORD-20-05 Approve Developement Agreement with The City Limited PartnershipI ORDINANCE NO. 20-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND CA-THE CITY LIMITED PARTNERSHIP FOR DEVELOPMENT PROJECTS ON THE "CITY PLAZA TWO SITE" AND THE "605 BUILDING SITE", WHICH ARE LOCATED NORTH OF METROPOLITAN DRIVE AND EAST OF LEWIS STREET (605 S. LEWIS STREET AND ONE CITY BLVD. WEST) WHEREAS, Section 65864 et seq. of the California Government Code authorizes cities to enter into Development Agreements with any person having a legal or equitable interest in real property for the development of such property; and WHEREAS, the City Council of the City of Orange has adopted Chapter 17.44 of the Orange Municipal Code, which establishes procedures for the processing and approval of Development Agreements; and WHEREAS, by the adoption of Ordinance No. 19-04 on September 28,2004, the City Council of the City of Orange approved that certain Development Agreement by and between CA-The City Limited Partnership, a Delaware limited partnership (the Developer), relating to certain real property located in the City of Orange commonly referred to as the "City Plaza Two Site" and the "605 Building Site", which are more particularly described in the Development Agreement, the original of which was recorded in the Official Records of the County of Orange, State of California on January 6, 2005 as Instrument No. 2005000013339 (herein referred to as the Development Agreement); and WHEREAS, the City Plaza Two Site is located north of Metropolitan Drive midway between Lewis Street and The City Drive. The 605 Building Site is located at the northeast comer of the intersection of Lewis Street and Metropolitan Drive; and I WHEREAS, the Developer has a legal and equitable interest in the City Plaza Two Site and the 605 Building Site and has made application to the City to enter into an amendment to the Development Agreement to extend the time by which certain Public Benefit Fees are to be paid to the City, if at all (herein referred to as the First Amendment to Development Agreement); and WHEREAS, Section 65868 of the California Government Code and Section 17.44.160 of the Orange Municipal Code permit the amendment of a Development Agreement by mutual consent of the parties to the agreement. The procedure for proposing and approving an amendment to a Development Agreement is the same as the procedure for entering into a Development Agreement, namely that a noticed public hearing must be held by both the Planning Commission and the City Council and such amendment, if approved, must be approved by ordinance; and WHEREAS, an envirornnental review was conducted by the City, as the "lead agency", under the California Envirornnental Quality Act ("CEQA") to evaluate the projects described in the Development Agreement, together with development projects for two other separate development sites owned by the Developer or its affiliates. As a result of the envirornnental review, Final Envirornnental Impact Report 1612-01 (the "Final EIR") was prepared and certified by the City Council in accordance with CEQA on October 9,2001; and WHEREAS, further environmental review was conducted by the City at the time the Developer applied for the Development Agreement. In compliance with CEQA and the State CEQA Guidelines, the City prepared an Addendum to the Final EIR because it appeared that none of the conditions described in Section 15162 (of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the Developer's application for the Development Agreement; and WHEREAS, due to the nature of the proposed amendment to the Development Agreement, this City Council finds and determines that "none of the conditions described in Section 15162 (of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed First Amendment to the Development Agreement; and WHEREAS, in accordance with State and local law, on December 5, 2005, the Planning Commission of the City of Orange conducted a duly noticed public hearing on the proposed First Amendment to Development Agreement in substantially the form attached to this Ordinance as Exhibit A, considered information presented by City staff and public testimony regarding the proposed First Amendment to Development Agreement, and, by a vote of not less than a majority of its total membership, recommended City Council approval of the First Amendment to Development Agreement; and WHEREAS, in accordance with State and local law, on December 13,2005, the City Council conducted a duly noticed public hearing on the proposed First Amendment to Development Agreement, reviewed and considered proposed First Amendment to Development Agreement, and information presented by City staff and public testimony regarding the proposed First Amendment to Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: The City Council finds that a public hearing has been held before this City Council pursuant to the procedures described in Chapter 17.44 of the Orange Municipal Code. At the hearing, the City Council has considered testimony presented by the public and the Planning Old. No. 20-05 2 TJR Commission's recommendation to approve the First Amendment to Development Agreement between the City of Orange and the Developer. SECTION II: I The City Council hereby finds that the First Amendment to Development Agreement between the City of Orange and the Developer: A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan; and B. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the City Plaza Two Site and the 605 Building Site are and will be located, and is consistent with the City's Zoning Code; and C. Is in conformity with and will promote public necessity, public convenience, general welfare, and good land use practices; and D. Will be beneficial to the health, safety, and general welfare; and E. Will not adversely affect the orderly development of property or the preservation of property values; and F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. SECTION III: The City Council approves and incorporates by reference the First Amendment to Development Agreement, attached hereto as Exhibit A. Within ten (10) days after this Ordinance takes effect, the City Council shall execute the First Amendment to Development Agreement. SECTION IV: I Within ten (10) days after the execution of the First Amendment to Development Agreement by all parties, the City Clerk is directed to record the First Amendment to Development Agreement in the Official Records of the County of Orange, State of California. SECTION V: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post Ord. No. 20-05 3 TJR in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 10th day ofJanuary, 2006. ATTEST: C fr.,~' .. '.. I Mary E. M\lfflny, City Cler~9fOrange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of December, 2005, and thereafter at the regular meeting of said City Council duly held on the 10th day of January, 2006, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Cavecche, Durnitru COUNCILMEMBERS: None COUNCILMEMBERS: Murphy COUNCILMEMBERS: None r c..___~ -~_/. --- -. L Mary E. MurPhy, City Clerk, Cit~:Qf Orange Ord. No. 20.05 4 TJR