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HomeMy WebLinkAboutOrdinance #3471 ORDINANCE NO. 3471 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 88-1(R) BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC WHEREAS, in recognition of the complexity and planned long-term development of certain property commonly known as the Meadowlark Specific Plan area("the Site"), in 1989 the City and the property owner ("the Nerio family")entered into a development agreement for the development of the Site for commercial and residential uses ("the Original Agreement"); and Since adoption of the Original Agreement, development has been completed on the commercial portion of the Site in accordance with the criteria established in that Agreement, but development of the residential portion has not occurred as anticipated by the Original Agreement; and In addition, the Nerio family has assigned their rights and obligations as set forth in the Original Agreement as to the residential portion of the Site to Catellus Residential Meadowlark LLC ("Catellus"); and The City Council of the City of Huntington Beach amended the Meadowlark Specific Plan and adopted the revised Meadowlark Specific Plan and approved site specific development plans (CUP No. 97-80, TTM No. 15469) ("the Existing Land Use Approvals") in 1999; and The Parties desire to amend the Original Agreement in order to update the criteria for the development of the Property in accordance with the Existing Land Use Approvals and to restate the obligations and rights of the parties and to provide for vesting of same for an additional three (3) year term to assure installation of required public facilities, and to assure the orderly development of the property in accordance with the terms of the Existing Land Use Approvals; and The Amended and Restated Development Agreement has been prepared and reviewed at a duly noticed public hearing held by the Planning Commission of the City of Huntington Beach on March 28, 2000; and The Amended and Restated Development Agreement has been reviewed at a duly noticed public hearing by the City Council of the City of Huntington Beach on JQne 2000, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: I 4/s:4-2000 Ordinance:Catellus Residential Meadowlark RLS 00-372 4/14/00 SECTION 1. The City Council of the City of Huntington Beach hereby finds that: a. The Amended and Restated Development Agreement is consistent with the City's General Plan, and Local Coastal Program, as they apply to the Site; and b. The Amended and Restated Development Agreement is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance, the Huntington Beach Municipal Code, and the Subdivision. Map Act, as they apply to the Site; and C. The Amended and Restated Development Agreement will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with the applicable land use regulations and incorporates applicable mitigation measures from Environmental Impact Report No. 87-2 and Mitigated Negative Declaration No. 97-21 covering the Meadowlark Specific Plan; and d. The City Council has considered the fiscal effect of the Amended and Restated Development Agreement on the City and the effect on the housing needs of the region in which the City is situated, and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. SECTION 2. Based on the above findings, the City Council of the City of Huntington Beach hereby approves the Amended and Restated Development Agreement and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3. This Ordinance shall take effect 30 days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of June , 2000. MayoV Pro Tem ATTEST: APPROVED AS TO FORM: City Clerk Il ,o� City Attorney a4 REVIEWED AND APPROVED: INITIAT D AND APPROVED: Vr Wy Administrator irector of lannin 2 4/s:4-2000 Ordinance:Catellus Residential Meadowlark RLs 00-372 4/14/00 Ord. No. 3471 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-offlcio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th da of June 2000, and was again read to said City Council at a regular meeting thereof held on the 19th day of June, 2000, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Harman, Green, Dettloff, Bauer NOES: Sullivan ABSENT: Garofalo ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on d�o� 2000 In accordance with the City Charter of said City City Clerk and ex-officio erk Connie Brockway ,City Clerk of the City Council of the City Deputy Cit y CIerk of Huntington Beach, California g:lordlnanclordbkpg.doc 7110100