HomeMy WebLinkAbout89-145 - Devoting Vehicle Parking Dist. No. 2 Area to Another UseRESOLUTION NO. 89-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING AND DETERMINING
THAT PARKING PLACES WITHIN VEHICLE PARKING
DISTRICT NO. 2 WILL NOT BE NEEDED FOR PUBLIC
PARKING, AND AGREEING TO CONVEY AND DEVOTE SUCH
PARKING PLACES TO ANTHER PUBLIC USE.
WHEREAS, pursuant to Sections 10-305 and 10-306 of the Costa Mesa
Municipal Code, the City of Costa Mesa has formed Vehicle Parking District
No. 2 pursuant to the Vehicle Parking District Act of 1943 (Part 1 (commenc-
ing with Section 315001 of Division 18 of the California Streets and High-
ways Code); and
WHEREAS, the lands included within Vehicle Parking District No. 2 are
depicted on the map attached as Exhibit "A" to this Resolution; and
WHEREAS, the City has acquired and devoted to use as parking places
that certain real property (hereinafter, the "Public Parking Area") within
Vehicle Parking District No. 2 depicted on Exhibit "A" hereto and more
particularly described on Exhibit "B" hereto; and
WHEREAS, Vehicle Parking District No. 2 and the Public Parking Area
are located within the Downtown Costa Mesa Redevelopment Project Area
("Project Area") approved, adopted, and amended by the City Council of the
City of Costa Mesa pursuant to Ordinance Nos. 73-74, 77-27, 77-36, and
80-22; and
WHEREAS, on or about May 24, 1989, pursuant to the Plan, the Costa
Mesa Redevelopment Agency, City of Costa Mesa ("Agency") entered into a
Disposition and Development and Owner Participation Agreement (the "DD/
OPA") with Triangle Square Associates, a California general partnership
("Developer"), which DD/OPA is on file with the Assistant Secretary of the
Agency and which provides for the redevelopment of the approximately 4.5 -
acre triangular block located within the Project Area and Vehicle Parking
District No. 2 and which is bounded by 19th Street, Newport Boulevard, and
Harbor Boulevard (the "Site"); and
WHEREAS, the City, Agency, and Developer each own the portions of the
Site which are defined and described in the DD/OPA as the "City Parcels,"
the "Agency Parcels," and the "Developer Parcels," respectively; and
WHEREAS, the Public Parkirng Area is a portion of the City Parcels
referenced in the DD/OPA; and
WHEREAS, the DD/OPA provides for the assembly of the separate parcels
within the Site and for the development of a high-quality, mixed-use com-
mercial complex thereon with approximately 185,000 square feet of gross
leasable building area, a large public -use open space area, and not less
than 1,150 on-site parking spaces (the "Project"); and
WHEREAS, prior to its adoption of this Resolution, the City Council
adopted its Resolution No. 89-142 certifying an earlier Environmental
Impact Report (No. 1026) as adequately evaluatirxg the environmental impacts
of the Project under the California Environmental Quality Act (Division 13
(ecamiencing with Section 21000) of the California Public Resources Code)
and adopting certain findings, mitigation measures, and statements of over-
riding considerations in connection therewith; and
WHEREAS, the City Council has reviewed and considered the inforniation
contained in Final EIR 1026, the Initial Study for the Project, and all
ccmmnts received during the public review period prior to approving this
Resolution; and
WHEREAS, pursuant to Section 65402(c) of the California government.
Code, on May 22, 1989, the Planning C(=ission of the City adopted its
Resolution PC -89-06 determining that the location, purpose, and extent of
the disposition of the Public Parking Area all as referenced in the DDA,
are consistent with the adopted General Plan of the City and all of the
elements of such General Plan;
WHEREAS, in order to acammodate the development of the Project on the
Site pursuant to the DD/OPA, the City would have to eliminate the public
parking on the Public Parking Area and convey the Public Parking Area to
Developer and devote the Public Parking Area to another public use; and
WHEREAS, the City is authorized under Streets and Highways Code Sec-
tion 31851.5 to devote parking places to some other public use if the City
Council finds and determines that the property is not needed for parking
places and that the other public use will be of general benefit to the area
comprising the District; and
WHEREAS, the City is authorized under Streets and Highways Code Sec-
tion
eo-tion 31850 to convey any property acquired for parking places which is not
needed for that public use; and
WHEREAS, on May 24, 1989, the City comcil held a public hearing to
determine whether the Public Parking Area should be devoted to some other
public purpose and the property conveyed for that purpose; and
WHEREAS, pursuant to Streets and Highways Code Section 31851.5 and
Government Code Section 6061, to the extent applicable, notice of the
public hearing was duly published May 14, 1989 in a newspaper circulated
in the City of Costa Mesa, to wit: The Daily Pilot; and
WHEREAS, the City Council of the City of Costa Mesa hereby finds and
determines as follows:
A. At the time of the "Conveyance" of the "Conveyance Parcels" to
Developer under the DD/OPA (as those terms are defined in the DD/OPA),
the Public Parking Area will not be needed for public parking uses for the
following reasons:
(i) All existing uses within the Site, which comprises a sub-
stantial majority of the area of Vehicle Parking District
No. 2, will have been eliminated.
(ii) The Project has been designed to provide on-site sufficient
off-street parking to accomodate all of the improvements
and uses to be developed on the Site.
(iii) Substantial additional parking now exists in the area by
the completion of the Courtyards project, which accord.iix3
to parking study provides a surplus of parking except durin_3
a few rv.ak periods. In addition, the 1,150 or more more
parking spaces to be constructed as part of the Project on
the Site will, as a practical matter, be available for joint
use of businesses in the general area.
B. Pursuant to the Community Redevelopment Law, including, without
limitation, Health and Safety Code Section 33037 (c) redevelopment
of the Site is a public use in furtherance of the health, safety,
and welfare of the citizens and the property owners of the City of
Costa Mesa. The devotion of the Public Parking Area to the public
use of redevelopment in accordance with the DD/OPA is of general
benefit to the area comprising Vehicle Parking District No. 2
because of the public benefits of elLninatin3 blight and itmplement-
ing the goals and objectives of the TWevelopment Plan, enhancement
of retail shopping opportunities, provision of a high quality
development and public town square, increase in property values
and econanic vitality for downtown Costa Mesa, creation of new
employment opportunities, and generation of increased tax revenues.
C. Written objections to the findings and determinations set forth.
in Paragraph B above and to the actions proposed to be taken in
this resolution have been filed and some of those objections have
been withdrawn prior to the hearing date of May 24, 1989. The
remaining objections do not constitute a majority protest because
the owners who f iled such objections do not collectively own more
than one-half of the area of the lands within Vehicle Parking
District No. 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Costa Mesa as follows:
1. The foregoing findings are true and correct and are hereby adopted.
2. Immediately prior to the date of Agency's Conveyance of the "Con-
veyance Parcels" to Developer under the DD/OPA, as provided therein, City
shall convey the Public Parking Area to Agency for redevelopment purposes.
3. The Mayor of the City of Costa Mesa is authorized to execute a
grant deed for the conveyance of the Public Parking Area to Agency in fee,
and the City Manager is authorized and directed to take all actions and
sign all documents necessary and/or incidental thereto to convey the Public
Parking Area to Agency for redevelopment uses as set forth herein.
PASSED AND ADOPTED this 25th day of May, 1 9.
Mayor of the Cof Costa Mesa
ATTEST:
C ty Clerk of the City of Costa esa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Resolution No. 89-145 was duly and regularly passed and adopted by
the said City Council at a special meeting thereof, held on the 25th day of
May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 26th day of May, 1989.
City Clerk and ex -officio Clerk o the
City Council of the City of Cost esa
EXHIBIT "A"
MAP DEPICTING BOUNDARIES OF VEHICLE PARKING
DISTRICT NO 2 AND LOCATION OF PUBLIC PARKING
AREA -- ORIGINAL BOUNDARY
1969 ADDITION
PUBLIC PARKING LOT
5/18/89
4670n/2353/08
Exhibit "A"
Resolution No. 89-145
1
LEGAL DESCRIPTION OF PUBLIC PARKING AREA
L r EIGHTEEN IN BLOCK "A" OF TRACT NO. 18, FIRST ADDITION TO HARPER, AS
SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 20 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE EASTERLY 85 FEET OF THE NORTHERLY 80 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 32 FEET.
Exhibit "B"
Resolution No. 89-145