HomeMy WebLinkAbout2024-05 - One Metro West - DA-20-02ORDINANCE NO. 2024-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA-20-02 BETWEEN THE
CITY OF COSTA MESA AND COSTA MESA SUNFLOWER, LLC
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, public hearings were held on April 13, 2020 and May 11, 2020 before
the Planning Commission pursuant to the Procedures and Requirements for Consideration
of Development Agreements set forth in City Council Resolution No. 88-53, regarding the
proposed Development Agreement DA-20-02, attached hereto as Exhibit "A" (hereinafter,
the "Agreement"), at which time the Planning Commission considered testimony presented
by the public and applicant and the then property owner International Asset Management
Holding Group, LLC, predecessor in interest to Costa Mesa Sunflower, LLC (hereinafter,
"Developer") and thereafter made recommendations to the City Council;
WHEREAS, a public hearing was subsequently held before the City Council on June
15, 2021 pursuant to the requirements of Resolution No. 88-53, at which time the City
Council considered testimony presented by the public and the Developer and the
recommendations of the Planning Commission regarding the proposed Agreement; and
WHEREAS, on June 15, 2021, the City Council approved the first reading by a 5-1
vote (Councilmember Harper voting no and Councilmember Harlan recusing);
WHEREAS, on July 20, 2021, the City Council approved the second reading by a 5-
1 vote (Councilmember Harper voting no and Councilmember Harlan recusing);
WHEREAS, at the time of City Council approval, the project was subject to a vote of
the electorate pursuant to Measure Y, "An Ordinance to give the People of Costa Mesa
Control of Their Future" codified in Article 22, Chapter IX of the Zoning Code, such that
Ordinance 2021-11 stated that the "Ordinance shall become effective following approval of
the Project by the electorate at the regular municipal election or at a special election funded
by the applicant";
WHEREAS, on November 8, 2022, "Measure K" was adopted by the Costa Mesa
electorate, which amended Article 22 to allow for the development of housing in specific
commercial and industrial areas without a vote by the electorate while keeping residential
neighborhoods intact and revitalizing commercial corridors;
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WHEREAS, the subject project is located at 1683 Sunflower Avenue which is
located within the Measure K boundaries and accordingly no longer requires approval by
the electorate;
WHEREAS, the applicant and then property owner, International Asset
Management Holding Group, LLC, by their authorized agent Brent Stoll with Rose Equities,
requested to amend the Ordinances to be consistent with Costa Mesa Zoning Code, Article
22, eliminating the electoral vote requirement;
WHEREAS, Rose Equities also requested amending the timing of payment of
impact fees and community benefits fund;
WHEREAS, on May 13, 2024, at a duly noticed public hearing, the Planning
Commission, after taking public testimony, recommended that the City Council approve the
requested amendments;
WHEREAS, a duly noticed public hearing was held by the City Council on June 4,
2024, with all persons having the opportunity to speak for and against the proposal;
WHEREAS, on June 4, 2024, the City Council approved the first reading by a 6-0-1
vote (Councilmember Harper absent) gave first reading to the Ordinance;
WHEREAS, on June 18, 2024, the City Council voted 6-1 (Councilmember Harper
voting no) to adopt Ordinance 2024-05;
WHEREAS, the Agreement is:
(a) Consistent with the objectives, policies, general land uses and
programs specified in the General Plan and with the General Plan as
a whole and the North Costa Mesa Specific Plan;
(b) Compatible with the uses authorized in, and the existing land use
regulations prescribed for, the zoning district in which the real property
is and will be located; and
(c) Is in conformity with and will promote public convenience, general
welfare, and good land use practice.
WHEREAS, the Agreement will not:
(a) Be detrimental to the health, safety and general welfare; or
(b) Adversely affect the orderly development of property or the
preservation of property values.
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WHEREAS, The Agreement will promote and encourage the development of the
proposed project and will ensure the public benefits promised therein, by providing stability
and certainty to Developer;
WHEREAS, the approved project included General Plan Amendment GP-20-01,
Rezone R-20-01, Specific Plan SP-20-01, Master Plan PA-19-19 and Tentative Tract Map
No. 19015 (T-19-01) (the "Project");
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Project
Environmental Impact Report (EIR) was prepared by the City in accordance with the California
Environmental Quality Act (CEQA) and certified by the City Council on May 4, 2021, by
Resolution No. 2021-54;
WHEREAS, pursuant to CEQA Guidelines Section 15162 the proposed
amendments are in substantial conformance with the Final Environmental Impact Report
(EIR) for the One Metro project (State Clearing House No. 2019050014), including a
mitigation monitoring program and statement of overriding considerations, which was
certified by the City Council on May 4, 2021, and that no further environmental review under
CEQA is required.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Findings and Declarations. The above stated findings and declarations are
true and correct.
Section 2: Approval. The City Council hereby approves, adopts and enters into the
Agreement in the form attached hereto and incorporates the Agreement herein by this
reference.
Section 3: Recordation. Upon execution of the Agreement by all parties, the City Clerk
is directed to record the Amendment pursuant to Resolution No. 88-53.
Section 4: Environmental Compliance. Pursuant to the provisions of CEQA and State
CEQA guidelines, a Final EIR, State Clearing House No. 2019050014, including a
mitigation monitoring program and statement of overriding consideration, was certified for
the Project on May 4, 2021, and the City has determined that this Ordinance itself is not a
separate "project" and further, that it is exempt from the provisions of CEQA pursuant to
Ordinance No. 2024-05 Page 3 of 32
CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that the
adoption of this Ordinance itself will not have an effect on the environment) such that no
further environmental review under CEQA is required; and
Section 5: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessaryto affect
the provisions of this ordinance.
Section 6: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of
the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or
portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, State, or Federal law, regulation,
or codes dealing with life safety factors.
Section 7: Effective Date. This Ordinance shall take effect on the 31 st day after adoption.
Section 8: Certification. The City Clerk shall certify the passage and adoption of this
Ordinance and shall cause the same to be published or posted in the manner as required
by law.
Ordinance No. 2024-05 Page 4 of 32
PASSED AND ADOPTED this 181h day of June, 2024.
ATTEST:
LI' c
Brenda Gre , City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
/John Stephens, Mayor
r
APPROVED AS TO FORM:
imberl Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 2024-05 was duly introduced for first reading
at a regular meeting of the City Council held on the 4th day of June, 2024, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 1P day of June, 2024, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, MARR, REYNOLDS, HARLAN,
AND STEPHENS.
NOES: COUNCIL MEMBERS: HARPER.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa this 19th day of June, 2024.
&W0kj()y"1K)
Brenda Green, City Clerk
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