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HomeMy WebLinkAboutOrdinance #3929 ORDINANCE NO. 3929 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BELLA TERRA VILLAS, LLC (PROPERTY OWNER) (DEVELOPMENT AGREEMENT NO. 08-001) WHEREAS, the Planning Commission approved Site Plan Review &'oo. 10-001 to develop an approximately 10.4-acre property located at 7601 Edinger Aven" Property) with a mixed use project consisting of 467 apartment units, 30,000 square feet of retail/restaurant uses, a shared use of parking, and a three foot, nine inch retaining wall along the west property line (Project)pursuant to Specific Plan No. 13 (SP 13); and The City and Property owner each mutually desire to enterointo a development agreement with one another, known as Development Agreement No. 08-00'1 (attached hereto as Exhibit A, and incorporated b this reference to rp y ), permit and ensure that the Property is developed in accordance with the approved Site Plan Review No. 10-0 l/to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of th6 City of Huntington Beach does hereby ordain as follows: ' SECTION 1. That the City Council hereby finds that Development Agreement No. 08- 001 conforms to Government Code Section 658"64 et. seq. and that: a. Development Agreement No. 08-001 is consistent with the Huntington Beach General Plan and the applicable pIrZvisions of Specific Plan No. 13. b. Development Agreement No. 08-001 is consistent with Chapter 246 of the Huntington Beach Zoning and bdivision Ordinance (HBZSO) and the Huntington Beach Municipal Code. C. Development Agreement No. 08-001 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 witdapplicable land use regulations of Specific Plan No. 13, mitigation le measures adopted for the Project in accordance with Addendum EIR No. 07-003, and conditions approved for Site Plan Review No. 10-001. d. The City Council has considered the fiscal effect of Development Agreement No. 08,e001 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. J 17 68893 Ordinance No. 3929 SECTION 2. Based on the above findings, the City Council of the City of Huntington Beach hereby approves Development Agreement No. 08-001 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a-' regular meeting thereof held on the day of , 2011 p Mayor '` ATTEST: INITIATE AND PPROV_ED: Cit Clerk irector fff Pfaiinirfg and Building REVIE ND APPROVED: APPROVED A S�TO FORM: C' ager JAfV City lAttorney 9 Attachment: ' Exhibit A Development Agreement No. 08-09,f T e r J rr 68893 2