HomeMy WebLinkAbout16 - CC-13 - Second Reading of an Ordinance 2021-10 - 6/15/20211
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 15, 2021 ITEM NUMBER: CC-13
SUBJECT: SECOND READING OF AN ORDINANCE 2021-10 FOR AN EXTENSION
TO THE PACIFIC ARTS PLAZA DEVELOPMENT AGREEMENT 00-04 (19-
02), GENERALLY LOCATED AT 3200 BRISTOL STREET
DATE: JUNE 2, 2021
FROM: DEVELOPMENT SERVICES DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI 714.754.5610
minoo.ashabi@costamesaca.gov
RECOMMENDATION:
Staff recommends that the City Council:
1. Find 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 environmental analysis for the Project described
in Environmental Impact Report No. 1047 (SCH No. 2000041100) and the
subsequent Mitigated Negative Declaration described herein are applicable; and
2. Give second reading to Ordinance No. 2021-10 to approve the two-year time
extension and amendment to Development Agreement 00-04 (Development
Agreement 19-02).
ANALYSIS:
At its regular meeting of June 1, 2021, the City Council gave first reading to Ordinance No.
2021-10 by a 5-0 vote (Mayor Stephens and Councilmember Harlan recused) approving a
two-year time extension to the Pacific Arts Plaza Development Agreement. With the
second reading of the Ordinance, the Development Agreement DA-00-04 originally
executed on August 15, 2001 will be extended for a 24-month time extension until August
15, 2023. Even though two years was the original request by the applicant, because of the
COVID-19 pandemic and potential delays associated with office development, the
applicant submitted a revised request seeking a three-year time extension instead. The
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applicant has requested the City Council consider granting a three-year time extension
instead until August 15, 2024.
The staff report and video for the June 1, 2021 City Council meeting can be found at the
following links:
Staff Report:
http://ftp.costamesaca.gov/costamesaca/council/agenda/2021/2021-06-01/PH-1.pdf
Video:
https://costamesa.granicus.com/player/clip/3726?view_id=10&redirect=true
If approved, the Ordinance and amended Development Agreement would become
effective 30 days after the second reading.
PUBLIC NOTICE:
Pursuant to Government Code 36933, a summary of the proposed Ordinances was
published once in the newspaper no less than 5 days prior to the June 15, 2021 second
reading. A summary of adopted ordinances will be published within 15 days after the
adoption.
As of the date of this report, no written public comments have been received. Any public
comments received prior to the June 15, 2021 City Council meeting will be provided
separately.
ALTERNATIVES:
The City Council may give second reading and adopt the Ordinance as approved on June
1, 2021, or modify the time extension to a three-year time extension as most recently
requested by the applicant. If the City Council chooses to make substantive modifications
to the Ordinance for the time extension after introduction, the modified Ordinance would
need to be brought back at a future meeting for second reading and adoption.
FISCAL REVIEW:
Financial impact is not known at this time. The requested time extension is accompanied by
an additional $25,000 Public Benefit payment.
LEGAL REVIEW:
The ordinance for adoption of the amendment to the Agreement and the amendment to the
Agreement have been approved as to form by the City Attorney’s Office.
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CITY COUNCIL GOALS & PRIORITIES:
Not applicable.
CONCLUSION:
On June 1, 2021, the City Council gave first reading to the ordinance with a 5-0 vote. The
decision indicated that given the size and complexity of the approved master plan, it is
reasonable to approve the proposed amendment to extend the term of the Development
Agreement by two years. If approved, the Ordinance and amended Development
Agreement would become effective 30 days after the second reading.
________________________________ _________________________________
MINOO ASHABI JENNIFER LE
Principal Planner Director of Economic and Development
Services
________________________________ _________________________________
CAROL MOLINA KIMBERLY HALL BARLOW
Finance Director City Attorney
Attachments: 1. Ordinance No. 2021-10
Attachment A: Development Agreement (DA-19-02)
.
Property Jeff Davis
Owner: The Irvine Company
111 Innovation Drive
Irvine, CA 92617