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HomeMy WebLinkAbout16-08 4th Amend, Segerstrom Home RanchORDINANCE NO. 16-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING DA -16-03 APPROVING A FOURTH AMENDMENT TO THE SEGERSTROM HOME RANCH DEVELOPMENT AGREEMENT NO. DA - 00 -01 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa, California, does hereby find and declare as follows: 1. On or about December 3, 2001, the City Council of the City of Costa Mesa adopted Ordinance No. 01-29 approving Development Agreement DA -00-01 for the Segerstrom Home Ranch Project; 2. Public hearings have been held before this City Council pursuant to the procedures described in Council Resolution No. 88-53. At these hearings, the City Council considered the evidence, the testimony presented by the public, and the Planning Commission's recommendation regarding the proposed Amendments to Development Agreement DA -00-02 between the City of Costa Mesa and South Coast Plaza, a California general partnership ("Owner") 3. On September 15, 2003, the City Council of the City of Costa Mesa adopted Ordinance No. 03-9 approving the first amendment to the Development Agreement DA -00-01 for the Segerstrom Home Ranch Project relating to surplus transportation fees and the Huscroft House contribution; 4. On March 20, 2007, the City Council of the City of Costa Mesa adopted Ordinance No. 07-5 approving the second amendment to the Development Agreement for the Segerstrom Home Ranch Project relating to the Susan Street Exit Ramp Project; 5. On July 20, 2010, the City Council of the City of Costa Mesa adopted Ordinance No. 10-08 approving the third amendment to the Ordinance No. 16-08 Page 1 of 4 Development Agreement for the Home Ranch Project relating to terms of the agreement and historic properties; 6. On September 6, 2016 pursuant to the procedures described in Council Resolution No. 88-53, a public hearing was conducted for the fourth amendment. At this hearing, the City Council considered the evidence, the testimony presented by the public regarding the proposed Fourth Amendment to Development Agreement DA -00-01 between the City of Costa Mesa and C.J. Segerstrom & Sons, Henry T. Segerstrom Properties LLC, a California limited liability company, and Ruth Ann Moriarty Properties LLC, a California limited liability company (collectively referred to as "CJS"). 7. The proposed amendment was considered based on the following criteria: (a) Is consistent with the General Plan and the North Costa Mesa Specific Plan; (b) Is compatible with the uses authorized in, and the existing land use regulations prescribed for, the zoning districts in which the real property covered by the Amendment to the Development Agreement are located; and (c) Is in conformity with and will promote the public necessity, and public convenience, general welfare, and good land use practices. 8. The Fourth Amendment to the Development Agreement will not: (a) Be detrimental to the public's health, safety and general welfare; nor (b) Adversely affect the orderly development of the property. 9. The Fourth Amendment to the Development Agreement will promote and encourage the development of the proposed project by providing stability and certainty to the Owner, and will provide to the City and its citizens the public benefits promised in the Development Agreement and subsequent Amendments thereto. 10. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City Ordinance No. 16-08 Page 2 of 4 environmental procedures. The proposed changes to the agreement are consistent with the Segerstrom Home Ranch Environmental Impact Report, SCH No. 2000071050, November 2001, the North Costa Mesa Specific Plan and General Plan. Specifically, the majority of the changes involve clean-up of inconsistencies. Additionally, the original EIR analyzed the entire property, including the 10,000 sq. ft. incorporated into this amendment. Finally, all traffic impacts have been reviewed with the City of Costa Mesa General Plan Environmental Impact Report, SCH No. 2015111053, June 2016. Therefore, the relevant environmental analysis contained in the previously -approved environmental documents is still valid, and no further environmental review is required. Section 2. The City Council hereby approves, adopts and enters into the Fourth Amendment to the Development Agreement DA -001-01 (DA -16-03) in the form attached hereto and incorporates the First, Second and Third Amendment herein by this reference. Upon execution of the Fourth Amendment by all parties, the City Clerk is directed to record the Fourth Amendment pursuant to the City of Costa Mesa Development Agreement Procedures and Requirements. Section 3. 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 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. Ordinance No. 16-08 Page 3 of 4 PASSEDAL�D ADOPTED this 20th day of September, 2016. StepNQ&W.. Mensinger, Mayor APPROVED AS TO FORM: Thomas Duarte(City Attorney ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 16-08 as introduced and considered section by section at a regular meeting of said City Council held on the 6th day of August, 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 20th day of September, 2016, by the following roll call vote: AYES: COUNCIL MEMBERS: Foley, Genis, Monahan, Righeimer, and Mensinger NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 21St day of September, 2016. it �' IZiYI � VXV �Q� Brenda Green, Ci Clerk Ordinance No. 16-08 Page 4 of 4