HomeMy WebLinkAbout2021-10 - DA-00-04 Irvine CompanyORDINANCE NO. 2021-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING ORDINANCE NO.01-
06 AND APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT DA-00-04 BETWEEN THE CITY
OF COSTA MESA AND IRVINE COMPANY LLC AS
SUCCESSOR IN INTEREST TO FSP TWO TOWN CENTER AND
FIFTH STREET PROPERTIES-DS, LLC
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AND
DECLARE AS FOLLOWS:
WHEREAS, Pursuant to Ordinance No. 01-06, the City of Costa Mesa, FSP Two
Town Center, LLC, and Fifth Street Properties-DS, LLC, entered in to that certain
Development Agreement for Two Town Center and Downey Savings Development
Properties dated as of July 27, 2001 (hereinafter, the "Development Agreement"), which
provides for construction of the Two Town Center and Downey Savings Project
(hereinafter, the "Project"), as defined in the Development Agreement;
WHEREAS, the Project is now known as Pacific Arts Plaza, and the Irvine Company,
LLC (hereinafter, the "Irvine Company" or "Developer") purchased the property on which
the Project was constructed in December 2010 and the Development Agreement was
thereafter assigned to the Irvine Company; and
WHEREAS, the Developer has requested that the City extend the term and
otherwise amend the provisions of the Development Agreement; and
WHEREAS, a public hearing was held before the Planning Commission on
December 9, 2019 pursuant to the Procedures and Requirements for Consideration of
Development Agreements set forth in City Council Resolution No. 88-53, regarding the
proposed First Amendment to the Development Agreement (hereinafter, the "Amendment")
at which time the Planning Commission considered testimony presented by the public and
the Irvine Company and thereafter made recommendations of approval to the City Council
on a 6-0 vote; and
WHEREAS, a public hearing was subsequently held on June 1, 2021 before the City
Council pursuant to the requirements of Resolution No. 88-53, at which time the City
Council considered testimony presented by the public and the Irvine Company and the
recommendations of the Planning Commission regarding the proposed Amendment; and
WHEREAS, the Amendment 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;
Ordinance No. 2021-10 Page 1 of 4
(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;
(c) Is in conformity with and will promote public convenience, general
welfare, and good land use practice; and
WHEREAS, the Amendment will not:
(a) Be detrimental to the health, safety and general welfare;
(b) Adversely affect the orderly development of property or the
preservation of property values; and
WHEREAS, the Amendment will promote and encourage the development of the
proposed project and will ensure the public benefits promised in the Development
Agreement and the Amendment, by providing stability and certainty to Developer; and
WHEREAS, the City, pursuant to the provisions of the California Environmental
Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State
CEQA guidelines (Sections 15000 et seq.), the initial project was evaluated under
Environmental Impact Report No. 1047 (SCH No. 2000041100) certified in February 2001
and Mitigated Negative Declaration for the high-rise building (approved in October 2002).
In addition, the City has determined that the ordinance is not a "project" and further, that it
is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
(because it can be seen with certainty that the adoption of this Ordinance will not have an
effect on the environment) such that no environmental review under CEQA is required; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL 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 Amendment in the form attached hereto as Exhibit A and incorporates the Amendment
herein by this reference.
Section 3. Recordation. Upon execution of the Amendment 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 the
CEQA and State CEQA Guidelines the initial project was evaluated under Environmental
Impact Report No. 1047 (SCH No. 2000041100) certified in February 2001 and Mitigated
Negative Declaration for the high-rise building (approved in October 2002). In addition, the
Ordinance No. 2021-10 Page 2 of 4
City has determined that the ordinance is not a "project" and further, that it is exempt from
the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (because it can
be seen with certainty that the adoption of this Ordinance will not have an effect on the
environment) such that no environmental review under CEQA is required
Section 5. Inconsistencies. Any provision of Ordinance No. 01-06 that is
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and
no further, are repealed or modified to that extent necessary to 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 become effective thirty (30) days
from its adoption.
Section 8. Certification. The City Clerk shall certify the passage and adoption of
this Ordinance and shall cause the same to be posted or published in the manner as
required by law
Ordinance No. 2021-10 Page 3 of 4
PASSED AND ADOPTED this 15th day of June, 2021.
hn Stephens, Mayor
ATTEST:
'&a& wlQ.w
Brenda GreerV, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
APPROVED AS TO FORM:
�imberly Hall 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. 2021-10 was introduced and
considered section by section at a regular meeting of said City Council held on the 1st
day of June, 2021, and thereafter passed and adopted as a whole at the regular meeting
of said City Council held on the 15th day of June, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARK, AND STEPHENS.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 16th day of June, 2021.
16fldA QKWv,
-- —
Brenda Green, dity Clerk
Ordinance No. 2021-10 Page 4 of 4