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HomeMy WebLinkAboutNS-2857 - Approving a Second Amendment to Development Agreement Between the City of Santa Ana and C.J. Segerstrom & Sons...(ROH 12/16/13) 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 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 -2857 Page 1 of 3 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 7th day of January, 2014 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Ordinance No. NS -2857 Page 2 of 3 AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna Sarmiento, Tinaiero (7) NOES: Councilmembers: ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) 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 -2857 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 7, 2014 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: I- / Clerk of the Council City of Santa Ana Ordinance No. NS -2857 Page 3 of 3 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, 92702 This document is exempt from payment of a recording fee pursuant to Government 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 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: 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. 3. 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 2 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 -I 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 Property 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 -I 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. 1. 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. IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager C.J. SEGERSTROM & SONS A California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: Manager OR By: Alternate Manager AND By: FITS Management Co., Inc., a California corporation, Manager By: Title: Sr. Vice President a AMENDMENT TO DA 90 -3 A C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE ew SEGERSTROM I SO -5S PROPERPES I � � j P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT "A -1" �9Q INDUSTRIAL yG9 INDUSTRIAL W eO N'as C G�ARO o - as' se" as' mass ese x w a < I N D U $ T I A L CNAPoS FIELD 3 RIADE DRIVE < CNDOL r 4 F OFFICES y f S� PRKINOr ALor O D VACANT o U.S. POSTAL U OFFICE < W V W � 4 t f tD - - OFFICES U.S. POSTAL O O CENTER O VACANT. SUNFLOWER AVENUE Clfy a Cost• Mesa AMENDMENT TO DA 90 -3 A C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE ew SEGERSTROM I SO -5S PROPERPES I � � j P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT "A -1" 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.1. Segerstrom & Sons, a California general partnership, iii 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. 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, B 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.