HomeMy WebLinkAbout11A - ORDINANCE - 3500 WEST LAKE CENTER DRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 7, 2014
TITLE:
ORDINANCE SECOND READING: SECOND
AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 1990 -03 TO ALLOW AN
EXTENSION OF TIME FOR A PORTION OF
THE LAKE CENTER OFFICE PARK AT
3500 WEST LAKE CENTER DRIVE
CITY MANAG
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
On December 16, 2013, the City Council introduced first reading and authorized publication of
title for the following Ordinance by a vote of 6 -0 (Pulido absent):
ORDINANCE NO. NS -2857 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM & SONS, A CALIFORNIA
GENERAL PARTNERSHIP
FISCAL IMPACT
There is no fiscal impact associated with this action.
� jy � �
Maria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS -2857
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(ROH 12/16/13)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING A SECOND AMENDMENT
TO DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND C.J. SEGERSTROM & SONS, A
CALIFORNIA GENERAL PARTNERSHIP
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Second Amendment to Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
November 25, 2013, recommended approval of this Second Amendment to
Development Agreement.
D. The purpose of this Second Amendment to Development Agreement is to
extend the term of the Development Agreement for an additional ten (10) years, for a
total of thirty -five (35) years from the date of execution of the original Development
Agreement.
E. The project and the use that the owner proposes in connection with the
property have been extensively reviewed and considered by the City, and such
proposed development and use have been found to accommodate the City's
recommendations and suggestions in order to protect the public's interest to enhance
the desirability of such proposed development and use. The terms and conditions of
this Second Amendment to Development Agreement have been found to be fair, just
and reasonable, and the City has concluded that the pursuit of the Project will serve the
interests of the City.
F. The City Council has held a noticed public hearing on this Ordinance and
has considered all testimony presented thereto.
Ordinance No. NS -XXX
Page 1 of 3
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G. In accordance with the California Environmental Quality Act, the proposed
request has been determined to be adequately evaluated in the previously certified
Lake Center Specific Development Final Environmental Impact Report ER No. 1989 -01.
H. The proposed project will not adversely affect the General Plan, as is
expressly set forth in the Request for Council Action dated December 16, 2013,
together with all supporting documents, which are incorporated herein by this reference.
Section 2. The Second Amendment to Development Agreement, a true and
correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City
Manager and Clerk of the Council are authorized to execute it on behalf of the City with
such non - substantive changes as may be authorized by the City Manager and City
Attorney. The Clerk of the Council is hereby authorized and directed to cause this Second
Amendment to Development Agreement to be recorded with the County Recorder's Office.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2013.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Ryan 0. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
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Ordinance No. NS -XXX
Page 2 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
Page 3 of 3
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RECORDING REQUESTED BY:
Clerk of the City Council
City of Santa Ana
WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M -30
P.O. Box 1988
Santa Ana. California. 9270
This document is exempt from payment of a recording fee
pursuant to Goverment Code Sections 27383 and 6103
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
a California municipal corporation,
and
C.J. SEGERSTROM & SONS,
a California general partnership
EXHIBIT 1
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SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second
Amendment ") is made and entered into this day of , 2013, by and between the
CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J.
SEGERSTROM & SONS ( "Developer "), a California general partnership.
City and Developer hereby agree as follows:
A. City is authorized pursuant to Government Code Sections 65864 through 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the development
process. City enters into the Second Amendment pursuant to the provisions of the Government
Code and applicable City policies.
B. City and California Pacific Properties, a California General Partnership, previously
entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90-
625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23,
1995, a portion of the property covered by the Development Agreement was transferred to
Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County
of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to
Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with
the Recorder of the County of Orange, extending the term of the Development Agreement over
Developer's portion of the property for ten (10) years from the date of execution of the
Development Agreement.
C. City and Developer again wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which was originally fifteen (15) years, then
twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an
additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of
the Development Agreement, subject to express exceptions noted in the Development Agreement.
D. The parties hereto acknowledge the following:
1. This Second Amendment is intended to assure adequate public facilities at
the time of development.
2. This Second Amendment is intended to assure development in accordance
with City's General Plan, applicable Specific Design Zoning and Capital
Improvement Plan.
This Second Amendment will permit achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design
Zoning.
4. Developer is required by existing City regulations to provide mitigation for
certain impacts and pay certain regulatory fees as conditions of approvals
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through the regulatory process.
5. This Second Amendment will allow City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in
addition to those available through the existing regulatory process.
6. Many of the extraordinary and significant benefits identified as consideration
to City for entering into this Second Amendment represent benefits which
would not otherwise be required as part of the development process.
E. On November 25, 2013, the Planning Commission of the City ( "Planning
Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a
public hearing to consider the Developer's application for this Second Amendment. The Planning
Commission recommended to the City Council of the City that it execute this Second Amendment.
On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Second Amendment.
F. Property Affected by this Agreement. This Second Amendment pertains solely to
the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are
incorporated herein by this reference as though fully set forth.
G. Term. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Term.
(a) The term ( "Term ") of this Development Agreement is thirty -five (35)
years from the date of execution, subject to earlier termination as hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision Map
Act, any tentative Subdivision Map approval for the Properly shall also be extended for a
period equal to the period this Agreement remains in effect.
H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second
Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development
Agreement introduced in the First Amendment. Except as necessary to implement the intent of this
Second Amendment, the Development Agreement shall remain in full force and effect. In the event
of a conflict, terms contained herein shall prevail over conflicting provisions of the Development
Agreement.
I. Effective Date Unchanged. The parties to this Second Amendment further agree that
the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by
this Second Amendment to the Development Agreement.
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IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR DAVID CAVAZOS
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO C.J. SEGERSTROM & SONS
City Attorney A California general partnership
By: By: Henry T. Segerstrom Management LLC,
Ryan O. Hodge a California limited liability company,
Assistant City Attorney Manager
By:
Manager
OR
By:
Alternate Manager
AND
By: HTS Management Co., Inc., a
California corporation, Manager
By:
Title: Sr. Vice President
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EXHIBIT °'A -1"
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Exhibit "A -2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, i4 that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records,
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Parcel D (Developed Land):
Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel E (Private Street and Driveway)
Lots A,13 and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps,
in the Office of the County Recorder of said County.
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