HomeMy WebLinkAbout2021-07 - DA-20-03 Sakioka FarmsORDINANCE NO. 2021-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING AN
AMENDMENT TO AND EXTENSION OF
DEVELOPMENT AGREEMENT NO. 99-02 (DA-20-03)
BETWEEN THE CITY OF COSTA MESA AND SAKIOKA
FARMS AND ROY K. SAKIOKA & SONS
WHEREAS, on November 15, 1999 the City of Costa Mesa, adopted Ordinance No. 99-
16, an Ordinance of the City Council of the City of Costa Mesa, California, Approving the
Development Agreement Between the City of Costa Mesa and Sakioka Farms and Roy
K. Sakioka & Sons, two California general partnerships ("Sakioka"); and
WHEREAS, the City and Sakioka, as parties thereto, agree that the Effective Date of the
Development Agreement was May 15, 2001, and that the twenty-year term thereof
expires on May 15, 2021; and
WHEREAS, the parties to the Development Agreement desire to extend the term thereof
for an additional ten years, commencing on May 15, 2021 and expiring on May 15, 2031,
as set forth in the First Amendment to Development Agreement for Sakioka Farms
Development Property ("First Amendment to Development Agreement").
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does hereby find
and declare as follows:
A public hearing has been held before the City Council pursuant to
the procedures described in Council Resolution No. 88-53. At the hearing,
the City Council considered testimony presented by the public and the
Planning Commission's recommendation regarding the proposed
extension of and amendment to the Development Agreement between the
City of Costa Mesa and Sakioka Farms and Roy K. Sakioka & Sons, two
California general partnerships ("Sakioka"), set forth in the First Amendment
to the Development Agreement.
2. The amendment to and extension of the Development Agreement between
the City of Costa Mesa and Sakioka is consistent with the objectives,
policies, general land uses and programs specified in the applicable
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 applicable land use
regulations prescribed for, the zoning district in which the real property
is and will be located; and
Ordinance No. 2021-07 Page 1 of 3
(c) Is in conformity with and will promote public convenience, general
welfare, and good land use practice.
3. The Development Agreement as amended between the City of Costa Mesa
and Sakioka will not:
(a) Be detrimental to the health, safety and general welfare; and
(b) Adversely affect the orderly development of property or the
preservation of property values.
4. The time extension for the existing Development Agreement will provide an
opportunity for the development of the project and for the public benefits
listed in the Development Agreement to be realized by the City.
5. The City finds that the project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per CEQA Guidelines
Section 15061 (b) (3) (general rule) of the CEQA Guidelines because the
amendment is merely a time extension for an existing development
agreement and does not change the underlying project. In addition, the
relevant environmental analysis contained in the approved 2015-2035
General Plan EIR (SCH No. 2015111053, June 2016) is still valid and
applicable to the project such that no further environmental review is
required.
Section 2. The City Council hereby approves, adopts and enters into the First
Amendment to the Development Agreement in the form attached hereto and incorporates
it herein by this reference (Attachment A).
Upon execution of the First Amendment to the Development Agreement by all
parties, the City Clerk is directed to record the Development Agreement pursuant to City
of Costa Mesa Development Agreement Procedures and Requirements.
Section 3. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage.
Section 4. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published or posted in the manner
required by law.
Ordinance No. 2021-07 Page 2 of 3
PASSED AND ADOPTED this 20th day of April, 2021
Jo,6n Stephens, Mayor
ATTEST:
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BrenGreenVCity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
APPROVED AS TO FORM
K berly All Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City Council of the City of Costa Mesa,
hereby certify that the above and foregoing Ordinance No. 2021-07 was introduced and
considered section by section at a regular meeting of said City Council held on the 6th day
of April, 2021 and thereafter passed and adopted as a whole at a regular meeting of said
City Council held on the 20th day of April, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARR, AND STEPHENS.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 21 st day of April, 2021.
Brenda Green, City Clerk
Ordinance No. 2021-07 Page 3 of 3