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HomeMy WebLinkAbout89-16 Approving Development Agreement DA-89-01ORDINANCE NO. 89-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DA -89-01 BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA REDEVELOPMENT AGENCY. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find as follows: C3overnment Code Sections 65864 through 65869.5 authorize cities to enter -into binding development agreements with persons having legal or equitable interests in real property for the development of such property, and for the purpose of establishing certainty for both the City and prop- erty owner. City Council Resolution 88-53 provides the necessary authority and sets forth procedures for approval of development agreements. The Costa Mesa Redevelopment Agency, a separate public entity from the City of Costa Mesa, exercising governmental functions and powers, including that of eminent domain, has the responsibility to implement the State policy to protect and promote the sound development of the Downtown Costa Mesa Redevelopment Project Area in furtherance of the goals and objectives of the Redevelopment Plan previously adopted and amended by Ordinances 73-44, 77-27, 77-36, and 80-22 of the City of Costa Mesa. To carry out that responsibility, the Agency has proceeded, and intends to continue to pro- ceed, with developments in the Project Area, which include the assembly, planning, disposition, and development of the property. The City Council, in approving Development Agreement DA -89-01 with the Agency, intends to ensure that the Agency may proceed with the redevelopment of the property covered by the Development Agreement, in accordance with currently existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process, encourage private partici- pation in comprehensive planning and redevelopment, reduce the economic costs of development to the Agency and the City, and assure implementation of the promulgated state policy of community redevelopment under the Commun- ity Redevelopment Law. The Costa Mesa Redevelopment Agency and the City of Costa Mesa own certain property on the triangular block formed by the interesections of 19th Street and Newport and Harbor Boulevards, and the Agency has approved Resolutions of Necessity for the condemnation of other parcels on the block. Prior to recordation of the Development Agreement, the Agency will have filed court actions in eminent domain against all those parcels which are not already legally owned by the Agency, the City, or by the Owner - Participant who intends to redevelop the entire block pursuant to the Disposition and Development and Owner Participation Agreement (DD/OPA), which is referred to in the Development Agreement and wholly incorporated therein, and pursuant to the project approvals granted by the City of Costa Mesa and all conditions attached thereto. All aspects of the redevelopment project covered by the Development Agreement have been studied and described in the environmental documenta- tion, which consists of the Program EIR certified December 17, 1983, and Supplemental EIRs 1018 and 1026, and the Initial Study dated March 22, 1989, as supplemented by comments received and responses thereto. The City Council has certified the environmental documentation as complete and ade- quate and has adopted a Statement of Facts and Findings and a Statement of Overriding Considerations with respect thereto. All required project approvals have been granted by the City of Costa Mesa and the Costa Mesa Redevelopment Agency. A public hearing has been held before the City Council pursuant to the procedures described in Council Resolution 88-53. At that time, the City Council considered testimony presented by the public, as well as the Planning Commission's recommendation to approve the Development Agreement between the City of Costa Mesa and the Costa Mesa Redevelopment Agency ("Development Agreement"). The Development Agreement between the City and Redevelopment Agency: (a) Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan; (b) Is compatible with the uses authorized in, and the 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; (d) Will not adversely affect the orderly development of property or the preservation of property values; and (e) Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. SECTION 2. ACCORDINGLY, the City Council of the City of Costa Mesa hereby approves the Development Agreement in the form attached hereto and incorporates the Agreement herein by .this reference. After execution of the Development Agreement by the Mayor, the City Clerk is directed to f ile a copy of the Development Agreement for recordation pursuant to the terms of the Agreement. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. -PASSED AND ADOPTED this 5th day of June, 1989. ATTEST: City Clerk of the City of Cos re sa Mayor of the City osta Mesa APPROVED AS TO FOR ITY ATTORNEY a , L I d 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 Ordinance No. 89-16 was introduced and considered section by section at a special joint City Council/Redevelopment Agency meeting held on the 25th day of May, 1989, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 5th day of June, 1989, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of June, 1989. Ci y Clerk and ex -officio Clerk o e City Council of the City of Cos esa