HomeMy WebLinkAbout14 - CC-7 - Attachment 3 - 7/20/2021ORDINANCE NO. 2021-11
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 INTERNATIONAL ASSET MANAGEMENT HOLDING
GROUP, 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 property owner International Asset Management Holding
Group, 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, 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.
Attachment 3
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; and
WHEREAS, the proposed project includes 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”); and
WHEREAS, the Project is subject to the requirements of Measure Y, codified in
Chapter 22, Article IX of Title 13 of the Costa Mesa Municipal Code; and
WHEREAS, this Ordinance including the Agreement shall have no force and effect
unless and until the Project has been approved by a vote of the electorate pursuant to
Measure Y; and
WHEREAS, 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 Final Environmental Impact Report (EIR), State
Clearing House No. 2019050014, including a mitigation monitoring program and statement
of overriding consideration, was certified for the Project on [date] 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 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
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
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 and
following approval of the project by the electorate, 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 [date] 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 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 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 following approval
of the Project by the electorate at the next regular municipal election or at a special election
funded by the applicant.
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.
PASSED AND ADOPTED this ______ day of _______________ 2021.
__________________________
John Stephens
Mayor of the City of Costa Mesa
ATTEST:
___________________________________
Brenda Green, City Clerk
APPROVED AS TO FORM:
________________________
Kimberly Hall Barlow
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City Council of the City of Costa Mesa, hereby
certify that the above and foregoing Ordinance No. _________ was introduced and
considered section by section at a regular meeting of said City Council held on the
_____ day of _____________, 2021, and thereafter passed and adopted as a whole at
the regular meeting of said City Council held on the _____ day of ______________,
2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this ______ day of _____________, 2021.
___________________________
Brenda Green, City Clerk