HomeMy WebLinkAbout01-06 Approving Development Agreement DA-00-04ORDINANCE NO. 01-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT DA -00-04 BETWEEN THE CITY OF COSTA
MESA, THE FSP TWO TOWN CENTER, AND FIFTH STREET
PROPERTIES -DS.
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,
FSP Two Town Center, LLC, a Delaware limited liability company and
Fifth Street Properties -DS, LLC, a Delaware limited liability company
(FSP and Fifth Street 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 causer 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 i6tk.day of J4AJ 2001
Mayor of the City of Costa Mesa
ATTEST:
1.
Deputy City lerk of the City of Costa Mesa
APPROVED AS TO FORM
CITY ATTO N Y
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. 01-6 was introduced and considered section by section at a regular
meeting of said City Council held on the 2mj- day of J L , 2001, and
thereafter passed and adopted as a whole at a regular meeting of aid City Council
held on the /(o a' day of J�„_ 1 , 2001, by the following roll call vote:
AYES: 0,06uR44), MBNA gA-AJ , -STLC-L
NOES: 0; X6n1 I ' RD l'a.,`n? Sod
ABSENT: N o n/ L --
IN
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this i7'ct` day of Jc. , 2001.
Deputy C y Clerk and ex -officio Clerk of
_ - the City C6uncil of the City of Costa Mesa