HomeMy WebLinkAbout22 - PH-1 - Attachment 4 - 10/20/2015DATE:
PROJECT NO:
CITY OF COSTA MESA
P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200
DEVELOPMENT SERVICES DEPARTMENT
SITE ADDRESS:
NOTICE OF DECISION
PLANNING COMMISSION ACTION
September 29, 2015
DA -00-02 (DA -15-02) and SP -15-01
3400 and 3420 Bristol Street
ATTACHMENT 4
FINAL ACTION: At a noticed public hearing on September 28, 2015
the Planning Commission recommended that City
Council approve the proposed project and give first
reading of the Ordinance, subject to conditions, by
adoption of Planning Commission Resolution PC -15-
53. The final resolution is attached.
APPEAL PERIOD: Not Applicable
PLANNING CONTACT: Minoo Ashabi, Principal Planner, (714) 754-5610
minoo.ashabi@costamesaca.gov
If you have any questions or comments regarding this notice of decision, please
contact the project planner (above) or me at 714-754-5278.
Sincerely,
) &te—
i�f�
Claire L. Flynn, AICP
Assistant Development Services Director
DISTRIBUTION:
Justin McCusker
C.J. Segerstrom and Sons
3315 Fairview Road
Costa Mesa, CA 92626
Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245
FAX (714) 754-4856 • TDD (714) 754-5244 • w costamesaca.gov
RESOLUTION NO. PC -15-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA RECOMMENDING CITY COUNCIL
TO: (1) ADOPT NORTH COSTA MESA SPECIFIC PLAN
AMENDMENT SP -15-01 AND (2) GIVE FIRST READING TO
ORDINANCE FOR SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT DA -00-02 (DA -15-02)
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by Justin McCusker, authorized agent for
Segerstrom and Sons, for the following proposed project:
1) Specific Plan Amendment SP -15-01 for clarifying language and minor
updates to the North Costa Mesa Specific Plan.
No changes to the previously -approved entitlements and trip budgets are
proposed.
2) Second amendment to Development Agreement DA -00-02 (Segerstrom Town
Center):
• Extend the term of the development agreement (originally executed in 2001)
for additional 20 years until 2035.
• Include entitlements approved on January 16, 2007 by General Plan
Amendment (GP -06-02) in the Development Agreement. These
entitlements are described the in North Costa Mesa Specific Plan.
WHEREAS, the City Council executed Development Agreement DA -00-02 with
South Coast Plaza, in 2001;
WHEREAS, On April 5, 2004, City Council approved an amendment to the
Development Agreement for Segerstrom Town Center (Ordinance 04-3) that allowed
obligations for discount parking for Costa Mesa residents attending cultural events to be
fulfilled in the parking structure located at the southwest corner of Sunflower Avenue and
Park Center Drive;
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
September 28, 2015, to allow for public comments on the proposed amendment to
development agreement (DA -15-02) and North Costa Mesa Specific Plan SP -15-01 with all
persons having been given the opportunity to be heard both for and against the proposed
project;
WHEREAS, the second amendment to the Development Agreement will promote
and encourage the development of the proposed project by providing stability and
certainty to the developer, and provide to the City and its citizens the public benefits
promised in the Development Agreement as specified to date;
WHEREAS, the proposal does not involve any material changes to the maximum
allowable traffic generation beyond the currently established trip budgets for Segerstrom
Town Center. The site has established maximum trip budgets for the AM Peak Hour and
PM peak hour. Future proposed development of commercial office buildings, hotels,
mixed-use high rise residential buildings, etc. shall be required to comply with Specific
Plan and the maximum trip budgets.
WHEREAS, the proposal does not modify the previously -approved high rise
residential entitlements, as adopted by the City Council in 2007. City Council adopted
the Development Agreement for Segerstrom Town Center in 2001. Once the second
amendment to the DA is adopted, the changes would be in place prior to the next review
of the development agreement. Other than incorporating the Specific Plan entitlements
and extending the life of the development agreement by another 20 years, the changes
to the development agreement do not involve increased intensity or higher density.
Table 6B- Statlstical summary of Unbuilt SCPTC Components as of 2006
North Costa Mea. 5I»ci6o Plan
Map
Unbuilt Entitkmenis
Slatetl for
New ConaWcion
Maximum
Key
Approved prior to
OemollUon
Approved in 2006
Building
2006
(sq. R)
(GP -06-02)
Height
(thous greda
level)
Sagerstrold Town Center Sub -Area 3
E
Hotel-200.1key
2 theaters
200keyhotel (220.000 sq.
315X. Ogl
(220 000 sq. it
(31,500 square
ft.) and a maximum of 50
3400 Bristol Street
feet)
high-rise residential units in
84,025 sq. d.
a mixed-use development
E
Office
A. 336,525 sqit office OR
315 ft epi
336525 sqit
office building
B Maximum 233,170 sq.
3420 Bristol Sir..(
it office and maximum 225
residential high. rise units
in a mixed-use
development.
Source: City of Costa Mesa May 2006, Noun Costa Mesa High Rise Residential Projects Program
Environmental Impact Report (SCH# 2006011077).
WHEREAS, the proposal is in compliance with the broader goals of the General
Plan and the North Costa Mesa Specific Plan. No changes to the City of Costa Mesa's
General Plan are required. The proposal is in conformance with the City's General Plan
and is consistent with the land use designation.
BE IT RESOLVED that the Planning Commission hereby RECOMMENDS that the
City Council: (1) Adopt a resolution to approve North Costa Mesa Specific Plan SP-15-
01 (Exhibit 1) and (2) Give first reading to the ordinance for Development Agreement DA -
00 -02 (DA -15-02) (Exhibit 2);
BE IT FURTHER RESOLVED that if any section, division, sentence, clause,
phrase or portion of this resolution, or the documents in the record in support of this
resolution, are for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
provisions.
PASSED AND ADOPTED this 28th day of September, 2015.
xnews, vice cnair
Mesa Planning Commission
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa,
do hereby certify that the foregoing Resolution was passed and adopted at a meeting of
the City of Costa Mesa Planning Commission held on September 28, 2015 by the
following votes:
AYES: Mathews, McCarthy, Sesler, Andranian
NOES: None
ABSENT: None
ABSTAIN: Dickson
00dill'o
Cre lynn, Secre ary
Costa Mesa Planning Commission
EXHIBIT 1
NORTH COSTA MESA SPECIFIC PLAN
AMENDMENT
COStd Mesa North Costa Mesa Specific Plan
AREA 4- SOUTH COAST PLAZA TOWN CENTER
Existing Land Uses
This 54 -acre area is commonly referred to as South Coast Plaza Town Center (SCPTC),
and it contains a variety of commercial, entertainment, and high-rise office uses, including
the Segerstrom Center for the Arts OraRge GOURty PeFfGFFAiRg AFts Qe . The approval
of GP -00-02 resulted in a maximum non-residential building intensity of 4,161,813 square
feet.
The primary entry street into SCPTC is Anton Boulevard, which also serves as the circulation
backbone. Many of the existing developments along Anton Blvd. between Bristol Street and
Sakioka Drive are oriented to the pedestrian, thereby encouraging walking. An extensive
greenbelt/pathway system within the SCPTC's core also links the various buildings and
uses. In order to facilitate foot traffic to and from South Coast Plaza, the Unity Bridge; has
been constructed across Bristol Street.
General Plan and Zoning
This site is designated Cultural Arts Center by the General Plan and the corresponding
zoning is TC. The maximum FAR is 1.77 for the entire project area; this corresponds to a
maximum non-residential building square footage of 4,161,813. The non-residential trip
budget for this area is 5,180 a.m. peak hour trips and 6,632 p.m. peak hour trips. The FAR
for specific non-residential developments or ownership parcels may exceed the maximum
of 1.77, provided that the maximum allowable FARs shown in Table 5A for each sub -area
are not exceeded.
In 2007, General Plan Amendment (GP -06-02) was approved to allow 535 high-rise/high-
density residential units in specific locations in South Coast Plaza Town Center. Table 5A
indicates the maximum number of units for each sub -area and the corresponding trip budget
associated with the residential uses. See following sub -areas discussion for additional
discussion.
Sub -Areas
The SCPTC was divided into three sub -areas in conjunction with the approval of GP -00-02.
These three sub -areas are under separate ownership. Provided in Table 5A is a statistical
summary of the maximum floor area ratio, building square footage, and trip budgets for each
sub -area. Figures 14A & 14B illustrate s -the boundaries of the sub -areas.
To facilitate flexibility within a sub -area, building square footages may be transferred,
provided that the total building square footage, floor area ratio, and trip budget for the
affected sub -area are not exceeded as delineated in Table 5A. Transfers between any
of the sub -areas are not permitted.
Updated February zoos; January 2007; September 2011
7 !
1
®; a "
R
lu
R � U
^ Q o o « o
'tlO N3INYJM j ---/ Q R R v w a n R Q n
y- QN a I
1l_i I -� g wmm °a c� EEFEL m
RRA hN oM RaEc
V° w ^ c M R m 9
^t' O LL LL ei0 N a- O
Q n Of
IS ioisiae U ° i° rn o U W
w° o o « o
� m a
m w N C
1
`I ? O C �mm� c z — c o = 5 .. a a .�
s E m R L C N w 0 m m
Q E c aU U
rc c� O 3 a
LU CD O m 0 R R a 0 O m
CiN Hfn N
I Ali
/ 0
DRE
—tC d Y ® I Ego
LL
—� ul
03
�' l6 l6 i og
a a ama .�
7 — w =�
Costa Mesa
North Costa Mesa Specific Plan
Table 5A- South Coast Plaza Town Center Sub -Area Statistics
North Costa Mesa Specific Plan
Maximum
Maximum Non-
Maximum
Maximum
Maximum
Allowable
Residential
Allowable
A.M. Peak
P.M. Peak
Non-
Building
Numberof
Hour Trip
Hour Trip
Residential
Square
High -Rise
Budget
Budget
FAR
Footage
Residential
Units
Pacific Arts Plaza Sub -Area 1 (18.19 acres)
Option 1
1.461.2
1,160,528 sq. ft.2
180
2,1113
2,150
Option 2
1.551
1,227,978 sq. ft.
0
2,133
2,150
Segerstrom Center for the Arts Sub -Area 2 (11.21 acres)
1.675
815,285 sq. ft.
80
283
1,029
Segerstrom Town Center Sub -Area 3 (24.5 acres)
Option 1
1.882
2,015,195 sq. ft.2
275
2,7293
3,453
Option 2
1.98
2,118,550 sq. ft.
0
2,764
3,453
TOTAL SOUTH COAST PLAZA TOWN CENTER
Option 1
1.702
3,991,008 sq. ft.2
535
5,1233
6,632
Option 24
1.775
4,161,813 sq. ft.
80
5,180
6,632
1. Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way
for the Avenue of the Arts off -ramp and associated flood control improvements.
2. This maximum FAR and building square footage may be increased to no more than the
Option 2 FAR and building square footage in direct relation to the decrease in the
maximum number of high-rise residential units.
3. This maximum peak hour trip budget may be increased to no more than the Option 2
peak hour trip budget in direct relation to the decrease in the maximum number of high-
rise residential units.
4. This alternative includes the 80 high-rise residential units associated with the museum
site in Segerstrom Center for the Arts Sub -Area 2.
5. This maximum FAR may not be increased if the 80 -unit residential component is not
constructed in conjunction with art museum/art academy in Sub -Area 2.
Updated February 2001; January 2007; September 2011
Costaa Mesa North Costa Mesa Specific Plan
Pacific Arts Plaza Sub -Area 1: GP -06-02 amended the 2000 General Plan to allow
high-rise/high-density residential units in the Cultural Arts Center land use designation. In
this sub -area, 180 residential high-rise residential units may be constructed at the
southwest corner of Park Center Drive and Anton Boulevard in conjunction with the
demolition of the existing office building. This would result in a maximum non-residential
floor area ratio of 1.46 with a maximum number of 180 high-rise residential units on 1.3
acres that equals 138 units per acre (Option 1 shown in Table 5A). This maximum non-
residential FAR and building square footage may be increased to no more than the Option
2 non-residential FAR of 1.55 and associated building square footage in direct relation to
the decrease in the maximum allowable number of high-rise residential units.
Should the property owner determine not to develop the high-rise residential option, the
maximum allowable non-residential square footage for this sub -area is 1,227,978 square
feet with a corresponding FAR of 1.55; see Option 2 in Table 5A.
For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum
number of dwelling units, maximum non-residential building square footage and
associated floor area ratio.
As shown in Table 5A, the Option 1 a.m. trip budget may be adjusted to be no more than
the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable
number of dwelling units. Unbuilt entitlements for this sub -area are shown in Table 5B
and Figure 14A & 14B.
Segerstrom Center for the Arts Sub -Area 2: GP -06-02 amended the 2000 General
Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use
designation. In this sub -area, 80 residential high-rise residential units may be constructed
at the vacant southwest corner of Avenue of the Arts and the Pedestrian Plaza in
conjunction with the new art museum/academy building. For this sub -area, the maximum
allowable floor area ratio is 1.67 and the maximum allowable number of dwelling units is
80 units. Unlike, Sub -Areas 1 and 3, if the 80 -unit residential component is not constructed
in conjunction with the art museum/academy or fewer than 80 units are constructed, than
the maximum allowable non-residential floor area ratio for this sub -area will not increase
proportionately. The trip budget for this sub -area is 283 a.m. peak hour trips and 1,029
p.m. peak hour trips. Unbuilt entitlements for this sub -area are shown in Table 5B and
Figure 14A & 14B.
Segerstrom Town Center Sub -Area 3: GP -06-02 amended the 2000 General Plan to
allow high-rise/high-density residential units in the Cultural Arts Center land use
designation. In this sub -area on 3.3 acres the following unbuilt entitlements have been
approved:
• 200 -key hotel (220,000 sci t.) and 50 residential units at 3400 Bristol Street.
at 3420
(225 units) at 3420 Bristol Street.
Updated July 2000; July 2002; January 2007, September 2011
Forma
0.25"
t
Costa. Mesi North Costa Mesa Specific Plan
19R Gf EIR eX16t1Rg effiGe
t'�^�Tln order to be fully implemented these entitlements require the demolition
of the former theater uses (31,500 square feet) which have been demolished and
the existing office uses of 84,025 square feet..This would result in a maximum ltorma
non-residential FAR of 1.88 with a maximum number of 275 high-rise residential
units (Option 1 in Table 5A) in this sub -area. This maximum non-residential FAR
and building square footage may be increased to no more than the Option 2 non-
residential FAR of 1.98 and associated building square footage in direct relation to
the decrease in the maximum allowable number of high-rise residential units.
Should the property owner determine not to develop the high-rise residential option in any
form, the maximum allowable non-residential building square footage for this sub -area
would be 2,118,550 square feet with a corresponding FAR of 1.98, AM Peak Hour trio
budget (2,764 trips), PM Peak Hour trip budget (3,453 trips).- This is the Option 2
development scenario shown in Table 5A. and Fg ine ' ^ A 4 ' ^R. Table 5A/Option 2
describes the maximum buildout potential for the Segerstrom Town Center for
commercial development The existing buildings may be demolished and the propertv
may be redeveloped provided that the specified maximum allowable standards for
nonresidential development as shown in Table 5A are not exceeded For example the
single -story (with mezzanine) Park Tower annex building (32,316 square feet) on Town
Center Drive may be demolished and new construction may occur within the Segerstrom
Town Center area as described in Table 5A.
For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum
number of dwelling units, maximum non-residential building square footage, and
associated floor area ratio.
As with the maximum FAR and building square footage, the Option 1 a.m. trip budget
may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the
decrease in the maximum allowable number of dwelling units. 1 -Inbuilt eltitlements fbF this
sub area . Fe shnwn ,,, T.;bla 5Q.
Table 5B and Figures 14A & 146 provide further detail and illustrations of the aatisipated
Permitted development within each of the three sub -areas. Precise building uses, locations,
and square footages will be determined in conjunction with final master plan approvals for
the SCPTC._
Preliminary and Final Master Plan Forma
Title 13 of the Costa Mesa Municipal Code sets forth the processino procedures for
preliminary and final master plans. Unbuilt entitlements and other proposed development
shall require approval of a final master plan by the Planning Commission or other final
review authority as indicated in the Zoning Code Proposed development may be
constructed in a variety of mixed-use or nonresidential development scenarios subject to
Updated July 2000; July 2002; January 2007, September 2011
Costa Mesa
North Costa Mesa Specific Plan
master plan approval and conformance with the North Costa Nlesa Specific Plan
Land Use Compatibility/Integration
The remaining 1.64 -acre parcel located adjacent to the Renee and Henry Segerstrom
Concert Hall on Avenue of the Arts is in a well-defined urban area. A 140,000 square -foot
museum and 80 high-rise residential units are approved for this site. T4eSegerstrom Hall
South Coast Repertory, Renee and H^^„,
cegerstFe ., r,,.,GeO Hall, Samueli Theater, and Plaza Tower are also in the immediate
vicinity. Future development of the museum site should be complementary to these
surrounding developments, and where possible, linked physically by sidewalks and open
space/greenbelts. Anticipated development for this area is detailed in Table 5B and Figure
14A & 14B. Street level and pedestrian appeal should also be taken into account during
site design. The site design should also consider The Lakes apartments located across
Avenue of the Arts, so as to not cause significant shade or shadow impacts.
Pedestrian -oriented directional signage should be added within the existing 3 -acre open
space easement in Town Center. Signage should be placed at key entry points, particularly
adjacent to the hotel, to guide pedestrians to the various attractions.
Building Heights
Building heights shall be limited to 315 feet above grade level. Buildings above 173 feet
above grade level in height will require a Federal Aviation Agency (FAA) determination of
no hazard.
Updated July 2000; JUly 2002; January 2007, September 2011
W
z
Z
LU9
_. ac
x
E C
r
m
W
W
$
G J
Q C
C
R
II
iii —J it J,
m
j
`L�y S1aV 3H1
U
E
ao
E
c
v
t
C C
X
X
m
K j
j I
�
_
LL
is talsjaa
------�
� i=•
R
to
C
m
C
+•' Y U
Q,
L
i
i eR
:1.__.—
�•
r+ a+
t4
i6
++
' i
f
_
ai
0
m
— --V
4)
a
a a a
m
ace
g,
SUNFLOWER AVE
LEGEND
Q Future Development Area South Coast Plaza Town Center
No'.e. See Table 53 for projec' in€orma. on Conceotua l Location of Future Projects
ti
p wsr a =SA
North Costa Mesa Specific Plan
Table 5B- Statistical Summary of Unbuilt SCPTC Components as of 2006
North Costa Mesa Specific Plan
Map
Unbuilt Entitlements
Slated for
New Construction
Maximum
Key
Approved prior to
Demolition
Approved in 2006
Building
2006
(sq. ft.)
(GP -06-02)
Height
(above grade
level)
Segerstrom Town Center Sub -Area 3
E.
Hotel -200 -key
2 theaters
200 -key hotel (220,000 sq.
315 ft. agl
(220,000 sq. ft.)
(31,500 square
ft.) and a maximum of 50
3400 Bristol Street
feet)
high-rise residential units in
84,025 sq. ft.
a mixed-use development
F.
Office
A. 336,525 sq. ft. office OR
315 ft. agl
336,525 sq. ft.
office building
B No thAAMaximum
3420 Bristol Street
233,170 sq. ft. office and
no more thapmaximum
225 residential high- rise
units in a mixed-use
development.
Source: City of Costa Mesa May 2006, North Costa klesa High Rise Residential Proiects Program
Environmental Impact Report (SCH# 2006011077)
Updated July 2000; July 2002; January 2007, September 2011
Costa Mesa
Circulation
North Costa Mesa Specific Plan
The street network for this sub -area is in place. However, the Master Plan of Bikeways
indicates a new bikeway on Avenue of the Arts and Sakioka Drive. The widening of the
Bristol Street interchange with the 1-405 is completed. Figure 9 indicates one urban rail
alignment to the east of the project site.
Parks and Recreation
As stated in Section 2, Development Setting, the 3 -acre open space/greenbelt easement
boundaries were reconfigured and slightly expanded in 2001. In addition, it was secured as
part of GP -00-02, as a permanent private open space area in Segerstrom Town Center and
Segerstrom Center for the Arts. Also, in conjunction with the Pacific Arts Plaza approval
of GP -00-02, the property owner is to preserve and maintain the California Scenario
sculpture garden substantially in accordance with its existing configurations and function,
commencing immediately and continuing for the useful life of the existing office buildings
adjacent to the garden.
In conjunction with high-rise residential projects, private on-site recreational amenities shall
be provided to serve the high-rise residents. These amenities may be located on the ground
level, rooftop, and/or on a podium.
Theater and Arts District Plan
A Theater and Arts District (TAD) Plan was prepared in conjunction with the development
of Town Center. The TAD Plan details the strategy to foster and enhance a unified look
and feel for the area. Entry and monument signs, and other signs identifying the Theater
and Arts District prominently include the name of the City. The plan addresses public
access and parking fee restrictions for SCPTC parking structures for patrons of the
cultural arts facilities, and the financing mechanisms for public street amenities. The TAD
Plan is included as Appendix D.
Parking
Although the project area is composed of multiple ownerships, the parking demand
analysis for SCPTC has always considered the project as a single development.
Specifically, parking need not be located on the same parcel as the building for which it
is required; all parking facilities are to be available to employees and visitors of all South
Coast Plaza Town Center uses. Consistent with the historical analysis of parking demand
for this project, any future parking studies need to continue to examine the South Coast
Plaza Town Center as a single project.
Persons who are residents of the City of Costa Mesa attending a cultural arts venue
during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent
Updated July 2000; July 2002; January 2007, September 2011
Costa Mesa
North Costa Mesa Specific Plan
(50%) off the price for parking otherwise applicable to the general public. For the high-
rise residential units, the following parking rate range shall be appropriately applied to the
residential development in conjunction with approval of any residential final master plan.
The parking rate shall take into consideration the shared parking arrangements that exist
in the South Coast Plaza Town Center.
Tenants: 1.5 to 2.0 parking spaces per unit
Guests: 0.5 parking spaces per unit for the first 50 units and 0.25 parking
spaces for each unit above 50.
Furthermore in the final master plan for any high-rise residential development,
consideration may be given to the feasibility of valet parking, tandem parking, and
mechanical lift parking devices in order to fully meet the residential parking demands.
Updated July 2000; July 2002; January 2007, September 2011
EXHIBIT 2
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
DRAFT ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT NO. DA -00-02
FOR SEGERSTROM TOWN CENTER
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does
hereby find and declare as follows:
1. On or about March 5, 2001, the City Council of the City of Costa
Mesa adopted Ordinance No. 01-14 approving Development
Agreement DA -00-02 for the Segerstrom Town Center Project.
2. The parties to said Development Agreement have subsequently
determined that certain provisions of the Development Agreement
require amendment.
3. Public hearings have been held before this City Council pursuant to the
procedures described in Council Resolution No. 88-53. At these
hearings, the City Council considered the evidence, the testimony
presented by the public, and the Planning Commission's
recommendation regarding the proposed First Amendment to
Development Agreement DA -00-02 between the City of Costa Mesa
and South Coast Plaza, a California general partnership ("Owner")
4. The Second Amendment to the Development Agreement between
the
City of Costa Mesa and Owner:
(a) Is consistent with the General Plan and the North Costa Mesa
Specific Plan;
(b) Is compatible with the uses authorized in, and the existing land
use regulations prescribed for, the zoning districts in which the
real property covered by the Amendment to the Development
Agreement are located; and
(c) Is in conformity with and will promote the public necessity, and public
convenience, general welfare, and good land use practices.
5. The Second Amendment to the Development Agreement will not:
(a) Be detrimental to the public's health, safety and general
welfare; nor
(b) Adversely affect the orderly development of the property.
6. The Second Amendment to the Development Agreement will promote
and encourage the development of the proposed project by providing
stability and certainty to the Owner, and will provide to the City and
its citizens the public benefits promised in the Development Agreement
and subsequent Amendments thereto.
7. The Second Amendment to the Development Agreement has been
reviewed for compliance with the California Environmental Quality Act
(CEOA), the CEQA Guidelines, and the City's environmental procedures,
and has been found to be exempt.
Section 2. The City Council hereby approves, adopts and enters into the
Second Amendment to the Development Agreement in the form attached hereto and
incorporates the Second Amendment herein by this reference.
Upon execution of the Second Amendment by all parties, the City Clerk is
directed to record the Second Amendment pursuant to the City of Costa Mesa
Development Agreement Procedures and Requirements.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days
after its passage, shall be published once in the NEWPORT BEACH -COSTA
MESA DAILY PILOT, a newspaper of general circulation printed and published
in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to
the date of adoption of this Ordinance, and within fifteen ( 15) days after
adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for
and against the same.
PASSED AND ADOPTED this day of 2015
Mayor of the City of Costa Mesa
Second Amend to Town Center Dev Agreement
DRAFT
7_'
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF COSTA MESA
77 Fair Drive
Costa Mesa, CA 92626
Attn: CITY Clerk
(Space Above This Line for Recorder's Use)
This Second Amendment to the Development Agreement for
Segerstrom Town Center is recorded at the request and for the
benefit of the CITY of Costa Mesa and is exempt from the
payment of a recording fee pursuant to Government Code §
6103
SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR
SEGERSTROM TOWN CENTER
by and between
CITY OF COSTA MESA
and
SOUTH COAST PLAZA
DA -00-02
Ordinance No. 01-4
SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER
THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEGERSTROM
TOWN CENTER (the "Amendment") is executed this day of 2015, by and between
The City of Costa Mesa, a Municipal Corporation of the State of California ("City"), South Coast Plaza, a
California general partnership ("SCP"), and One Town Center Associates, a California general
partnership ("OTCA" and together with SCP, "Owners"), with respect to the following:
RECITALS
A. City and SCP entered into that certain Development Agreement for Segerstrom Town Center
executed as of March 5, 2001 (the "Original Agreement"), as amended by that certain First Amendment to
the Development Agreement for Segerstrom Town Center executed April 5, 2004 (the "First Amendment").
The Original Agreement and First Amendment were recorded in the Official Records of Orange County,
California as Instrument Nos. 20010281648 and 2004000686075, respectively, and are herein referred to
together as the "Development Agreement." The Development Agreement provides for development
within Town Center, as that term is defined in the Original Agreement. OTCA is an affiliate of SCP
and successor in interest from SCP to certain property in Town Center.
B. City and Owners desire to amend the Development Agreement to extend its term and to ensure
that it includes and references certain changes to accord with changes in the North Costa Mesa Specific Plan
approved by the City.
C. This Amendment was approved by City of Costa Mesa Ordinance No.
adopted by the City Council on 2015, after the public notice and public hearings required by
law. The parties have executed this Amendment on the date indicated above after the effective date of this
Ordinance.
AGREEMENT
IN CONSIDERATION OF the foregoing Recitals, and for good and valuable consideration, City
and Owner agree as follows:
1. Effective Date of Amendment. The effective date of this Amendment shall be the date this
Amendment was executed by the parties as indicated in the opening phrase of this Amendment prior to the Recitals.
2. Duration of Agreement. The Development Agreement is hereby extended and shall be operative
and continue until that date which is twenty (20) years from the effective date of this Amendment (the "New
Expiration Date"). To that end, the first sentence of Section 3.2 of the Development Agreement is hereby amended
in its entirety to read as follows:
"This Agreement shall be operative commencing on the Effective Date and continue thereafter until the
New Expiration Date, unless otherwise extended by the Parties, subject to earlier termination upon the
completion, performance and discharge of all obligations hereunder."
3. Definitions. The following terms in the Development Agreement shall have the definitions as set
forth below, which shall replace any previous definitions of the same term in the Development Agreement.:
a. "Property" shall mean that certain property generally located along Bristol Street
between Anton Boulevard and Sunflower Avenue as more fully described in Exhibit "AA" and shown in the map set
forth on Exhibit `BB" both attached hereto.
b. "STC Project" shall mean the development of the Property pursuant to the
Existing Land Use Regulations, Existing Development Approvals, the TAD Plan, the Future Development
Approvals, and the terms of this Agreement. The STC Project may include non-residential (i.e. office, hotel,
restaurant, retail and cultural uses) and residential uses as more specifically described in the Existing Land Use
Regulations.
C. "Existing Development Approvals" and "Existing Land Use Regulations" shall
be as defined in the Original Agreement except that all references to the City's General Plan and the North Costa
Mesa Specific Plan included therein shall mean the General Plan and North Costa Mesa Specific Plan in effect as of
the effective date of this Amendment. In addition, if both City and Owner subsequently agree in writing to amend
the Development Approvals or Land Use Regulations at some future date, the term "Existing Development
Approvals" or "Existing Land Use Regulations," as applicable, shall mean the Development Approvals or Land Use
Regulations in effect as of the effective date of such subsequent amendment (which the parties shall endeavor to
reflect in an updated Exhibit "D" to the Development Agreement prepared and exchanged between the parties).
4. Future Design. Precise building uses, locations, square footages and designs for the STC Project
will be determined in conjunction with Future Development Approvals. To that end, (a) references in the
Development Agreement to a new office building at the corner of Bristol Street and Sunflower Avenue and a hotel
at the intersection of Bristol Street and Anton Boulevard are illustrative only, and (b) Article IV of Exhibit "F" to the
Development Agreement is deleted in its entirety from the Development Agreement.
5. FAR and Trip Budgets. The FAR and trip budget for the TTC Project, the SCA Project and the
Balance of Town Center, as well as the overall FAR and trip budget for the entire Town Center area shall be as
provided in the North Costa Mesa Specific Plan in effect as of the effective date of this Amendment and included in
the Existing Development Approvals and Existing Land Use Regulations. Exhibit "G" to the Development
Agreement is deleted in its entirety from the Development Agreement.
6. Original Agreement Amended and Conflicts. In the event of any conflict between the terms of
this Amendment and the remainder of the Development Agreement, this Amendment shall control. Except as
otherwise set forth herein to the contrary, all terms and provisions of the Development Agreement shall remain
unamended and continue in full force and effect. This Amendment with the remainder of the Development
Agreement shall be construed together and shall constitute one agreement.
7. Defined Terms. All capitalized terms used herein and not defined herein
have the same meanings as set forth in the Development Agreement.
8. Counterparts. This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall be deemed to constitute one instrument. It shall not
be necessary that all signatories execute the same counterpart(s) of this Amendment for this Amendment to
become effective.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Development Agreement for Segerstrom Town Center as of the date first above written.
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
I\��ti�yl ��7_�yLCi]➢Li77iil
City Attorney, City of Costa Mesa
SOUTH COAST PLAZA, a California general partnership
By: C.J. Segerstrom & Sons, a California general
partnership, Managing General Partner
By: Henry T. Segerstrom Management LLC,
a California limited liability company
RN
By:
Alternate Manager
AND
By: HTS Management Co., Inc.,
a California corporation
By:
Senior Vice President
4
CITY OF COSTA MESA,
A municipal corporation
Mayor of Costa Mesa
ONE TOWN CENTER ASSOCIATES, a California general
partnership
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
By:
OR
Lo
Alternate Manager
AND
By: HTS Management Co., Inc., a
California corporation, Manager
By:
Senior Vice President
ATTACHMENT
Exhibit "AA"
Legal Description of Property
Parcels between Sunflower Avenue and Town Center Drive
Parcels 1 and 2 of Lot Line Adjustment No. LL 2013-01, recorded on August 13, 2013, as Instrument No.
2013000478793 in the Official Records of the County Recorder of Orange County, California; and
Parcels 5 and 6 of Parcel Map S-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official
Records of the County Recorder of Orange County, California.
Parcels between Town Center Drive and Anton Boulevard
Parcel 1 of Parcel Map 81-379, as shown on a map filed in Book 164, Page 10 of parcel maps, in the Official
Records of the County Recorder of Orange County, California;
Parcels 1 and 2 as shown on a map filed in Book 12, Page 18 of parcel maps, in the Official Records of the County
Recorder of Orange County, California;
Parcels 1 and 2 of Parcel Map S-20-67, as shown on a map filed in Book 11, Page 32 of parcel maps, in the Official
Records of the County Recorder of Orange County, California; and
Parcel l of Parcel Map S-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official
Records of the County Recorder of Orange County, California.
Exhibit `BB"
Map of the Property
7
-----------
Street
--------
Street
I �CD