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HomeMy WebLinkAbout94-12 Development Agreement Between City and A&R Parcel 4, and R&A Parcel 5ORDINANCE NO. 94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND A & R PARCEL FOUR AND R & A PARCEL FIVE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds and declares as follows: 1. Public hearings have been held on July 25, 1994, before the Planning Commission; and on August 15, 1994, before this City Council pursuant to the procedures described in Council Resolution No..88-53 and Government Code §§ 65867, 65867.5 and 65868. At the hearing, the City Council considered testimony presented by the public and Planning Commission's recommendation regarding the, proposed First Amendment to the Development Agreement between the City of Costa Mesa and A & R Parcel Four, a partnership, and R & A Parcel Five, a partnership (collectively referred to as "Arnel"). 2. The First Amendment to the Development Agreement between the City of Costa Mesa and Arnel is: (a) Consistent with the objectives, policies, general land uses and programs specified in the 1990 General Plan and with the North Costa Mesa Specific Plan; (b) Compatible with the uses authorized in, and the regulations prescribed for, the Planned Development Commercial zoning district in which the real property is and will be located; and (c) In conformance with and will promote public convenience, general welfare and good land use practice. 3. The First Amendment to the Development Agreement between the City of Costa Mesa and Arnel 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 first Amendment to the Development Agreement between the City of Costa Mesa and Arnel will promote and encourage the development of the proposed project, and will ensure the public benefits promised in the first Amendment to the Development Agreement, by providing stability and certainty to the developer. 5. EIR 1020 was prepared for the Development Agreement and was certified on August 20, 1984, and FEIR 1044, a program EIR, was prepared for the 1990 General Plan and was certified on March 16, 1992, in accordance with Section 15090 of the CEQA Guidelines. The above -referenced environmental documents along with Metro Pointe Phase 2 and Phase 3 Traffic Analyses prepared in connection with GP -82-3A, PA -88-03, and PA -88-72 are hereinafter referred to as the "Prior Environmental Documents." Based on the above -referenced Prior Environmental Documents, a mitigated Negative Declaration was prepared for the First Amendment to the Development Agreement and related development approvals, based on the following findings: (a) FEIR No. 1044 is a Program EIR under the California Environmental Quality Act; 2 (b) As set forth in Resolution 92-27 of the City Council of the City adopting the General Plan, mitigation measures were also adopted to mitigate environmental impacts of the 1990 General Plan as set forth in FEIR No. 1044; (c) An initial study prepared by the City pursuant to Public Resources Code § 21094(c), and found that the revised Project as identified in the First Amendment, may cause significant effects on the environment that were not examined in FEIR No. 1044, particularly in respect to potential traffic impacts; (d) The initial study was prepared for the First Amendment and related development approvals which determined that although the project could have a significant effect on the environment, there will not be a significant effect because the mitigation measures described in the study have been added to the project. The initial study was circulated for public review in accordance with applicable law, including the provisions of Public Resources Code §§ 21091 and 21092; and (e) The initial study identified and incorporated mitigation measures to mitigate any potential traf f is and all other potential environmental impacts to a level of insignificance resulting from the First Amendment and related development approvals. Section 2. The Mitigated Negative Declaration has been independently reviewed and analyzed by the City and the City Council finds that the Mitigated Negative Declaration reflects the independent judgment of the City. The City Council hereby approves 3 the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for the First Amendment to the Development Agreement and related development approvals. Section 3. The City Council hereby approves, adopts and enters into the First Amendment to the Development Agreement in the form attached hereto and incorporates the First Amendment herein by this reference. Upon execution of the first Amendment to the Development Amendment 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 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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 adopting of this Ordinance, and within f if teen (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. 4 PASSED AND ADOPTED this (o day of f , 1994. ATTEST: Ma of the City of Costa Mesa APPROVED AS TO FORM: iJJA city c rk of the City of Cost Mes *ty eyq_,.C�, iy At APPROVED AS TO FORM` BY: rhe 4 i1•91v CITY ATTORNEY'S OFFICE CITY OF COSTA MESA 5 a STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 94-L2- was introduced and considered section by section at a regular meeting of said City Council held on the ($ t- day of11 1994, and thereafter passed and adopted as a whole at a gular meeting of said City Council held on the dot`' day of , 1994, by the following roll call vote: AYES: COUNCIL MEMBERS: 9umP146QEY) f-foQnl L3ucl'1Lr) (�UFI=A aicK.�� NOES: COUNCIL MEMBERS: Nwja ABSENT: COUNCIL MEMBERS: G ENlS IN WITNESS WHEREOF,,I have hereunto set my ha d and affixed the Seal of the City of Costa Mesa this � day of 1994. Deputy CitN Clerk and ex -officio Clerk of tyie City Council of the City of Costa Mesa C