HomeMy WebLinkAbout01-05 Agreement DA-00-03 Between City, OC Performing Arts Center, and South Coast Repertory TheatreORDINANCE NO. 01-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE
DEVELOPMENT, AGREEMENT DA -00-03 BETWEEN THE
CITY OF COSTA MESA, THE ORANGE COUNTY
PERFORMING ARTS CENTER AND SOUTH COAST
REPERTORY THEATRE ("SEGERSTROM CENTER FOR
THE ARTS")
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. A public hearing has been held before this City Council pursuant to the
procedures described in Council Resolution No. 88-53. At the hearing,
City Council considered testimony presented by the public and the
Planning Commission's recommendation regarding the proposed
Development Agreement between the_ City of Costa- Mesa, the Orange
County Performing Arts Center, a California non-profit corporation and
South Coast Repertory Theatre, a California non-profit corporation (the
Performing Arts Center and South Coast Repertory are collectively
referred to as the "Developer").
2. The Development Agreement between the City of Costa Mesa and
Developer 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.
3. The Development Agreement between the City of Costa Mesa and
Developer 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 Development Agreement between the City of Costa Mesa and
Developer will promote and encourage the development of the
proposed project, and will ensure the public benefits promised in the
Development Agreement, by providing stability and certainty to
Developer.
5. The Development Agreement has been reviewed for compliance with
the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures, and has been
found to be exempt.
Section 2. The City Council hereby approves, adopts and enters into the
Development Agreement in the form attached hereto and incorporates the
Agreement herein by this reference.
Upon execution of the Development Agreement 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 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 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.
MA - RCI
PASSED AND ADOPTED this .5`' day of 2001
ATTEST:
I `
Deputy Citylerk
of the City o Costa Mesa
APPROVED AS TO FORM:
mw_
.rney
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. 01-5 was introduced and considered section by section at a regular
meeting of the City Council held on the 5t' day of February, 2001, and thereafter
passed and adopted as a whole at a regular meeting of the City Council held
on the 5t' day of March, 2001, by the following roll call vote:
AYES: Cowan, Dixon, Monahan, Robinson, Steel
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and --affixed the Seal of
the City. of Costa Mesa this 1 e day of March, 2001.
Deputy CityJerk and ex -officio Clerk of
the City Cou it of the City of Costa Mesa