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Home My WebLink AboutItem Q/O AGENDA REPORT DATE: March 26, 2001 /� TO: Honorable Mayor and City Council - 7/ THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: First Reading — Ordinance 1471 — First Amended and Restated Development Agreement, Heitman Properties, LLC SUMMARY OF REOUEST: Council to hold first reading for adoption of Ordinance 1471, adopting the "First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, regarding the `Hellman Ranch Specific Plan"'. BACKGROUND: Council considered this matter at the February 26, 2001 meeting, received public input and introduced Ordinance 1471. Specifically the new ordinance will conform the provisions of the Development Agreement with the Coastal Commission conditions imposed on the revised project. At the February 26 meeting Staff indicated the provisions of the "Vested Components" section had not been reviewed by the City Engineer and that additional clarifications may be necessary. Staff and the project proponent have met and agreed upon the clarifications determined appropriate, and the City Attorney has determined that is necessary to re -introduce the implementing ordinance. It is now appropriateto hol� first reading for re -introduction of Ordinance 1471. FISCAL IMPACT: No impact. RECOMMENDATION: Upon motion of the Consent Calendar, Council to hold first reading and re -introduce Ordinance No. 1471. Agenda Item C:U1y D"cumgns\ORD\Hellman Resgt 1 AgreemmM1CC I sl Reading.doc\LW\03-22-0I Introduction of Ordinance No. 1471, re: Heilman Ranch Specific Plan First Amended and Restated Development Agreement City Council Sta (Report March 26, 2001 NOTED AND APPROVED: A16c WhittenbergJo . Bahorski Director of Development Servic Manager Attachment: Ordinance 1471, An Ordinance of the City of Seal Beach Adopting the First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, regarding the "Hellman Ranch Specific Plan" Hellman Resm,M Agreemem.CC 1 s1 Reeding • 'wa-MUNUM-1-T9,19 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellman Properties LLC entered into a development agreement pursuant to Government Code Sections 65864 through 658695, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Hellman Ranch Specific Plan" area on October 27, 1997. Section 2. Development of the original Hellman Ranch project approved by the City in 1997 could not proceed without a Coastal Development Permit ("CDP") issued by the California Coastal Commission ("CCC"). After approval of the project by the CCC, litigation was filed challenging the Commission approval of CDP 5-97-367 (cases consolidated as "League for Coastal Protection et al. v. California Coastal Commission's and a settlement agreement was eventually incorporated into the presiding Court's order for issuance of a Writ of Mandate. Section 3. The CCC responded to the Writ by approving. on October 11, 2000, issuance of an amended CDP with conditions, CDP 5;97-367-A1, providing conditions of development of a project revised in accordance with the criteria established in the Settlement Agreement. Section 4. The major project changes encompassed in CDP 5-97-367-A1 are summarized as: ❑ Elimination of the previously approved golf course and the establishment of a 100 -acre deed -restricted area for future wetland restoration, open space and environmental education purposes; ❑ Elimination of all impacts to jurisdictional state and federal wetlands; and ❑ Elimination of development of visitor -serving commercial uses on the State Lands Property. C:Wy Docum \ORm\Hea Ammd D YCIOM=t Agrttmmcdoc\LW 3-22-01 City of Seal Beach Ordinance No. 1471 Adoption of First Amended and Restated DevelopmentAgreement City of Seal Beach and Hellman Properties LLC March 26, 2001 Section 5. A request has been received from Hellman Properties to amend the Development Agreement (First Amended and Restated Development Agreement) regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2, Modification of Development Agreement to Obtain Permits, etc. Said request is to conform the Development Agreement provisions with the terms of the Settlement Agreement and Coastal Development Permit 5-97-367-A1. Section 6. The City Council held a properly noticed public hearing regarding the proposed development agreement amendments on February 26, 2001. Section 7. The City Council previously certified a Final Environmental Impact Report (FEIR) for the project in 1997. The previously certified FEIR was upheld against legal challenge and has been fully considered by the city during its consideration of this First Amended and Restated Development Agreement. There has been no new information, as that term is defined by CEQA, brought forward by any party to these proceedings to indicate that the previously certified FEIR should be supplemented. In fact, substantial evidence in the record of these proceedings demonstrates that the impacts of this project have been fully analyzed and in fact are less severe than previously disclosed. For those reasons, the previously certified FEIR remains complete and legally adequate, and this approval is fully within its scope. The City Council's previous findings and statement of overriding considerations are hereby incorporated herein by this reference. Section 8. The City Council hereby finds that the proposed development agreement amendment is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 9. Based upon the foregoing, the City Council hereby approves the proposed development agreement amendment, titled "First Amended and Restated Development Agreement between the City of Seal Beach and Hellman. Properties LLC, Regarding the "Hellman Ranch Specific Plan" incorporated by, reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 10. The time within which to challenge the, subject development agreement is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of Hellman Ammdal De d,m. A,n, ment City of Seal Beach Ordinance No. 1471 Adoption of First Amended and Restated Development Agreement City of Seal Beach andHeliman Properties LLC March 26, 2001 Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of 1 2001, and passed, approved and adopted by the City Council of the City of Sea] Beach at a meeting held on the day of , 2001 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Hellman Aarcnd1 De elopmM Ag,een¢nt City of Seal Beach Ordinance No. 1471 Adoption of First Amended and Restated Development Agreement City of Seal Beach and Hellman Properties LLC March 26, 2001 EXHIBIT A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" Hellman Amental Development Agreement RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO CITY OF SEAL BEACH OFFICE OF THE CITY CLERK 211 EIGHTH STREET SEAL BEACH, CA 90740 The undersigned declare that this instnrment is recorded at the request of and for the benefit of the CITY OF SEAL BEACH, and is therefor exempt from payment of recording fees pursuant to Government Code § 6130 and the payment of documentary nmtsfer tax pursuant to Revenue & Taxation Code § 19222 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC RELATIVE TO THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH April 2001 April 16, 2001 /0, -A - a5lg wo/ Office of the Recorder County of Orange P. O. Box 238 Santa Ana, California 92702 Forwarded is a certified copy of Ordinance Number 1471 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE 'HELLMAN RANCH SPECIFIC PLAN'" and attachment "A" thereto. Please record the enclosed Ordinance and attachment in full and return same to my office. Thank you. Very truly yours, Joanne M. Yeo, City Clerk City of Seal Beach Encl.