HomeMy WebLinkAbout2024-10 - Amendment DA-20-05 to DA-94-01 with the Interinsurance Exchange of the Automobile Club (2)ORDINANCE NO. 2024-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING THE FIRST AMENDMENT (DA-20-05) TO DEVELOPMENT AGREEMENT
(DA-94-01) BETWEEN THE CITY OF COSTA MESA AND THE INTERINSURANCE
EXCHANGE OF THE AUTOMOBILE CLUB
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY
FIND AND DECLARE AS FOLLOWS:
WHEREAS, public hearings were held on May 23, 1994 before the Planning
Commission pursuant to the Procedures and Requirements for Consideration of Development
Agreements set forth in City Council Resolution No. 88-53 and Government Code 65867,
regarding the proposed Development Agreement DA-94-01 (hereinafter, the "Agreement"), at
which time the Planning Commission considered testimony presented by the public and
applicant (hereinafter, "Developer") and thereafter made a recommendation to the City
Council; and
WHEREAS, a public hearing was subsequently held before the City Council on June 6,
1994 and June 20, 1994 pursuant to the requirements of Resolution No. 88-53 and
Government Code 65867, at which time the City Council considered testimony presented by
the public and the Developer and the recommendation of the Planning Commission regarding
the proposed Agreement; and
WHEREAS, EIR No. 1045 and Addendum No. 1 were prepared for the project and were
certified on June 20, 1994, in accordance with Sections 15090 and 15164 of the CEQA
Guidelines; and
WHEREAS, on behalf of the property owner, the applicant, Jennifer J. Farrell of Rutan,
submitted application Development Agreement DA-20-05 in August 2023 requesting
amendments to several terms of Development Agreement DA-94-01; and
WHEREAS, the proposed First Amendment (DA-20-05) to Development Agreement
(DA-94-01) between the City of Costa Mesa and the Interinsurance Exchange of the
Automobile Club requests approval of the following:
• A 20-year time extension that would expire on October 31, 2044,
• Update to the rate and methodology for calculating traffic impact fees,
• Update to the setback of a future parking structure, and
Ordinance No. 2024-10 Page 1 of 5
WHEREAS, a duly -noticed public hearing was held on July 22, 2024, before the
Planning Commission pursuant to the Procedures and Requirements for Consideration of
Development Agreements set forth in City Council Resolution No. 88-53 and Government
Code Section 65867, regarding the proposed First Amendment (DA-20-05) to Development
Agreement (DA-94-01), attached hereto as Exhibit "B" (hereinafter, the "Agreement"), at which
time the Planning Commission considered testimony presented by the public and applicant
and property owner Interinsurance Exchange of the Automobile Club (hereinafter, "Developer")
and thereafter recommended by a vote of 4-1-2 that the City Council approve the proposed
Agreement; and
WHEREAS, a duly -noticed public hearing was subsequently held on August 6, 2024,
before the City Council pursuant to the Procedures and Requirements for Consideration of
Development Agreements set forth in City Council Resolution No. 88-53 and Government
Code 65867, regarding the proposed First Amendment (DA-20-05) to Development Agreement
(DA-94-01), at which time the City Council considered testimony presented by the public and
the Developer and the recommendation of the Planning Commission; and
WHEREAS, the First Amendment to the Development Agreement is:
(a) Consistent with the objectives, policies, general land uses and programs
specified in the General 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.
WHEREAS, the First Amendment to the Development Agreement will not:
(a) Be detrimental to the health and safety and general welfare; or
(b) Adversely affect the orderly development of property or the preservation of
property values.
WHEREAS, the First Amendment to the Development Agreement will promote and
encourage the development of the proposed project and will ensure the public benefits
promised therein, by providing stability and certainty to Developer; and
WHEREAS, pursuant to CEQA Guidelines Section 15162, the project is within the
scope of the June 20, 19.94-certified Final Environmental Impact Report (EIR) #1045 and
Ordinance No. 2024-10 Page 2 of 5
Addendum No. 1 (State Clearinghouse No. 94021036) for the Auto Club Expansion project.
The effects of the project were examined in the 1994 FEIR, and all feasible mitigation
measures and alternatives developed in the 1994 FEIR are incorporated into this project and
no new mitigation measures are required. Therefore, the 1994 FEIR for the Automobile Club
Expansion project is determined to be adequate to serve as the environmental documentation
for this project, that no further environmental review is required, and that all requirements of
CEQA are satisfied.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Findings and Declarations. The above stated findings and declarations are true
and correct.
Section 2: Approval. The City Council hereby approves, adopts, and enters into the First
Amendment (DA-20-05) to Development Agreement (DA-94-01) in the form attached hereto as
Exhibit "A" and incorporates the First Amendment (DA-20-05) to the Development Agreement
(DA-94-01) herein by this reference.
Section 3: Recordation. Upon execution of the Agreement by all parties, the City Clerk is
directed to record the First Amendment (DA-20-05) pursuant to Resolution No. 88-53.
Section 4: Environmental Compliance. Pursuant to the provisions of CEQA and State CEQA
guidelines, a Final EIR and Addendum No. 1, State Clearing House No. 94021036, including a
mitigation monitoring program and statement of overriding consideration, was certified for the
project on June 20, 1994, and the City has determined that the effects of this project were
examined in the 1994 FEIR, and all feasible mitigation measures and alternatives developed in
the 1994 FEIR are incorporated into this project and no new mitigation measures are required.
Therefore, the 1994 FEIR for the Automobile Club Expansion project is determined to be
adequate to serve as the environmental documentation for this project, that no further
environmental review is required, and that all requirements of CEQA are satisfied.
Section 5: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies
and or further, is hereby repealed or modified to the extent necessary to affect the provisions
of this ordinance.
Ordinance No. 2024-10 Page 3 of 5
Section 6: Severability. If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance
or its application to other persons. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause,
phrase, word, or portion thereof, irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person,
be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 7: Effective Date. This Ordinance shall take effect 30 days after adoption.
Section 8: Certification. The City Clerk shall certify the passage and adoption of this
Ordinance and shall cause the same to be published or posted in the manner as required by
law.
Ordinance No. 2024-10 Page 4 of 5
PASSED AND ADOPTED this 31d day of September, 2024.
ATTEST:
&Wc , 4WIA-
Brenda Green, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APP/ROVED AS TO FORM:
-Kimberly Hall Barlow, City
rney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Ordinance No. 2024-10 was duly introduced for first reading at a
regular meeting of the City Council held on the 6th day of August, 2024, and that thereafter,
said Ordinance was duly passed and adopted at a regular meeting of the City Council held on
the 3rd day of September, 2024, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS,
HARLAN, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 4th day of September, 2024.
lz , . /K
Brenda Green, City Clerk
Ordinance No. 2024-10 Page 5 of 5
EXHIBIT A
FINDINGS
DA-20-05 is a request for 20-year time extension that would expire on October 31, 2044, and
to also amend provisions of Development Agreement DA-94-01 pertaining to the rate and
methodology for calculating Traffic Impact Fees and the setback for a future parking structure.
The requested amendments do not change the previously approved project plans. Therefore,
the findings, and the facts in support of those findings, contained in the Ordinances and
Resolutions for Final Environmental Impact Report #1045, General Plan Amendment (GP-94-
01A), Rezone (R-94-01), Planning Action (PA-94-15), Tentative Parcel Map (S-94-120), and
Development Agreement (DA-94-01) remain true and in effect. The following findings, and
facts in support of those findings, pertain only to the scope of the proposed amendments.
Pursuant to City Council Resolution No. 88-53, Development Agreement Procedures and
Requirements, and Government Code Section 65865(c), staff recommends approval of the
requested amendments, based on the following assessment of facts and findings:
• The Development Agreement between the City of Costa Mesa and Developer is:
o Consistent with the objectives, policies, general land uses and programs specified
in the General Plan and with the General Plan as a whole;
o Compatible with the uses authorized in, and the existing land use regulations
prescribed for, the zoning district in which the real prosy is and will be located,
and
o Is in conformity with and will promote public convenience, general welfare, and
good land use practice.
The proposed amendment to the DA is consistent with General Plan policies and objectives,
primarily objective LU-6C, in that the long-term build -out of the AAA office campus will support
the retention and expansion of the City's employment base with diverse and quality
employment opportunities. Additionally, the City's Land Use Element specifies that the "Urban
Center Commercial" Land Use District is intended to "allow for high -intensity mixed -use
commercial development within a limited area", and identifies that one of the four major
developments located within the Urban Center Commercial Land Use District is the
"Automobile Club of Southern California". The proposed development is also compatible with
the existing land uses located North of Interstate 405 which includes larger developments such
as The South Coast Plaza, Metro Pointe, IKEA and the Segerstrom Center for the Arts. Lastly,
AAA has operated from this site since 1980 without any impacts to surrounding uses, including
the nearby residential developments.
• The Development Agreement between the City of Costa Mesa and Developer will not;
o Be detrimental to the health, safety and general welfare; and
o Adversely affect the orderly development of property or the preservation of prosy
values.
This AAA headquarters has operated at the site since 1980 and there have been no
incompatibilities with the surrounding uses. The proposed use, size, and intensity of the project
is consistent with the existing development within the general area located north of the 405
freeway, and would not be detrimental to the health, safety, and general welfare of the
community. There are no modifications proposed to the site's previously entitled development
intensity and only minor considerations are proposed to improve the site's physical layout to
avoid potential impacts to nearby residential development. As such, the extension of the DA
will not be detrimental to the health, safety and general welfare, or adversely affect the orderly
development of property or the preservation of property values.
EXHIBIT B
FIRST AMENDMENT (DA-20-05) TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF COSTA MESA AND INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
CLUB (DA-94-01)
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Costa Mesa
PO Box 1200
Costa Mesa, CA 92628-1200
Attn: Citv Cleric
Space Above This Line for Recorder's Use (Exempt
from Recording Fee per Gov't Code §6103 and §27383)
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF COSTA MESA
AND
THE INTERINSURANCE EXCHANGE OF THE
AUTOMOBILE CLUB
698/037947-0002
19250070.11 a05/30/24