HomeMy WebLinkAboutORD-15-05 Approve Anex Development with The Irvine CompanyORDINANCE NO. 15-
05
I AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING A
PRE ANNEXATION DEVELOPMENT
AGREEMENT FOR SANTIAGO HILLS WEAST
ORANGE PLANNED COMMUNITIES (
DEVELOPMENT AGREEMENT) BY AND BETWEEN THE CITY
OF ORANGE AND THE IRVINE
COMPANY APPLICANT: THE IRVINE
COMPANY WHEREAS, the City Council has authority per Orange Municipal Code
Sections17.44.130 to take action on a Development Agreement by and between the City of Orange
and The Irvine
Company,WHEREAS, an application was filed by The Irvine Company for a
Development Agreement in accordance with provisions ofthe Orange Municipal Code;
and WHEREAS, entitlements filed by The Irvine Company in accordance with
the provisions of the City of Orange Municipal Code for Santiago Hills II and East Orange
Planned Communities include General Plan Amendment 2003-0001, Pre Zone Change
No. 1218 &1219, ROMP, Design Guidelines, Tentative Tract Map 16199, Tentative Tract Map
16201, and Tentative Tract Map 16514, Development
Agreement; and WHEREAS, these subject entitlements constitute actions that will be protected
by the provisions of the Development
Agreement;
and I WHEREAS, the Development Agreement was processed In the time
and manner prescribed by state and local
law; and WHEREAS, pursuant to the authority and criteria contained in
the California Environmental Quality Act (CEQA), the Community Development Director
analyzed the proposal and determined that the project will have a potentially significant adverse effect
on the environment. A Draft Environmental Impact Report (DraftSEIR 1278/Draft EIR
1716) was prepared and circulated for public review for a period of at least 45 days, from
October 20,2004 through December 6, 2004. The Final Environmental Impact Report for
the Santiago Hills 11 and East Orange Planned Communities and required discretionary permits
is complete and adequate for the consideration of the Development Agreement. Resolution 10018
has been passed, approved and adopted by the City Council on November 8, 2005, certifying
Final SEIR I 278/Final EIR 1716, SC#1988110905 and adoption of a Statement
of Overriding Consideration and Mitigation Monitoring Program for the Santiago Hills II and
East Orange Planned Communities and all required discretionary
permits; and WHEREAS, the Planning Commission conducted a public hearing for the
SHII/EOPC project on July 18, 2005, continued the item to August IS, 2005 and
adopted Planning Commission Resolution No. PC 28-05 on August IS, 2005, recommending
that the City Council approve Pre Annexation Development Agreement for Santiago Hills
II and East Orange
WHEREAS, the City Council conducted a duly advertised public hearing on
September 27,2005, continued the item to October 11,2005, to October 25,2005, and again to
November 8, 2005, at which time interested persons had an opportunity to testify either in
support of or opposition to the proposal and for the purpose of considering Development
Agreement by and between the City of Orange and The Irvine Company, upon property
described as follows:
For Legal Description, See Exhibit A of draft Development Agreement,
which is Attachment A.
NOW, THEREFORE, the City Council of the City of Orange hereby ordains as
follows:
SECTION 1 - FINDINGS 1.
The Development Agreement is consistent with the objectives, policies, general land uses,
and programs specified in the General Plan.2.
The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the zoning district in which the real property is and will be located.
3.
The Development Agreement is in conformity with and will promote public necessity,public
convenience, general welfare, and good land use practices.4.
The Development Agreement is in conformity with the public necessity, public convenience,
general welfare, and good land use practices.5.
That in consideration of the rights accruing to the applicant under the Development Agreement,
the applicant shall provide the City or the community with special benefits which
might not otherwise be provided by the applicant in the absence of such an agreement.
6.
The Development Agreement is consistent with the policy of the City in respect to development
agreements as provided in Section 17.44.200 such that the Development Agreement
is of significant public benefit not only to the prospective residents of the proposed
development, but to the entire community.7.
The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values.8.
The Development Agreement will promote and encourage the development of the proposed
project by providing a greater degree of requisite certainty.9.
The data and analysis upon which these findings of fact are based are set forth in the staff
report and associated documents for Final SEIR No. 1278/Final EIR 1716, General Plan
Amendment No. 2003-0001, Zone Change No. 1218 & 1219, ROMPS, Design
Guidelines, Tentative Tract Maps 16199,16201 and 16514, Conditional Use Permit
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2488-03, and Development Agreement by and between the City of Orange and
The Irvine Company, staffs oral presentation, public testimony, Planning
Commissioner comments, and Council comments which constituted the City Council's review of
this
application.
I SECTION
2 The Pre Annexation Development Agreement for Santiago Hills II and East
Orange Planned Communities is shown in Attachment A, attached hereto and incorporated by
this
reference.SECTION
3 Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being
hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed, approved and ratified irrespective of
the fact that anyone or more sections, subsections, sentences, clauses or phrases be
declared invalid or
unconstitutional.SECTION
4 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 to be 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 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 nnd day of November,
2005.I Mark A. Murphy,
Mayor,
ATTEST:
Mary E. M ity Clerk, C
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 sth day of November, 2005, and thereafter at the regular meeting of said City Council duly
held on the 22nd day of November, 2005, was duly passed and adopted by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS: None
tJ
Mary E.
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