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HomeMy WebLinkAboutOrdinance #4126 ORDINANCE NO. 4126 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BONANNI DEVELOPMENT/JB CONSTRUCTION DEVELOPMENT AGREEMENT NO. U Cl.2_ WHEREAS, on October 11, 2016 the Planning Commission approved Conditional Use Permit No. 13-026 and Tentative Tract Map No. 13-115 to develop an approximately 0.64-acre property located at 7762 Garfield Avenue (Property) with a residential project consisting of 10 condominium units; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the above-referenced entitlements to achieve the mutually beneficial development of the Property, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The City Council hereby finds that Development Agreement No. 1!'-6 002 conforms to Government Code Section 65864 et seq. and that: A. Development Agreement No.16-602is consistent with the Huntington Beach General Plan and the applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance and the Huntington Beach Municipal Code; and B. Development Agreement No.I -W2.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 applicable land use regulations of the City, mitigation measures adopted for the Project; and conditions approved for the above referenced entitlements; and C. The City Council has considered the fiscal effect of Development Agreement No. 16-002 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 Development Agreement 16{602 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. 15-5006.001/146333/PD 1 ORDINANCE NO. 4126 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of December 20 16. ayo ATTEST: APPROVED AS RM: &4wd,&j ity Clerk City Attorney REVIE JE , N"b APPROVED: I IATE AND A PROVED: ty Nkauger 04irectorV Community Development 15-5006.001/146333/PD 2 Ord. No. 4126 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio 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 November 21,2016, and was again read to said City Council at a Regular meeting thereof held on December 5,2016, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-ofticio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on December 15,2016. a , In accordance with the City Charter of said City. �v Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California