HomeMy WebLinkAbout04-03 - Approving Amendment to Development Agreement DA-00-02; Segerstrom Town CenterORDINANCE NO. 04-3
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT NO. DA -00-02
FOR SEGERSTROM TOWN CENTER.
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 March 5, 2001, the City Council of the City of Costa Mesa
adopted Ordinance No. 01-14 approving Development Agreement DA -
00 -02 for the Segerstrom Town Center Project.
2. The parties to said Development Agreement have subsequently
determined that certain provisions of the Development Agreement require
amendment.
3. 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 First Amendment to
Development Agreement DA -00-02 between the City of Costa Mesa and
South Coast Plaza, a California general partnership ("Owner")
4. The First Amendment to the Development Agreement between the City of
Costa Mesa and Owner:
(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.
5. The First 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.
6. The First 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 First
Amendment thereto.
7. The First Amendment to 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 First
Amendment to the Development Agreement in the form attached hereto and
incorporates the First Amendment herein by this reference.
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Upon execution of the First Amendment by all parties, the City Clerk is directed
to record the First 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.
PASSED AND ADOPTED this 5t" day of April, 2004
ATTEST:
DeputleCity Clerk of the
City of Costa Mesa
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Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, 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. 04-3
was introduced and considered section by section at a regular meeting of said City
Council held on the 15" day of March, 2004, and thereafter passed and adopted as a
whole at a regular meeting of said City Council held on the 5� day of April, 2004, by the
following roll call vote:
AYES: Monahan, Mansoor, Cowan, Steel, Scheafer
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 6� day of April, 2004.
1 c��
Deputy ity Clerk afid ex -officio Clerk of
the City Council of the City of Costa Mesa
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