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HomeMy WebLinkAbout94-11 Agreement Between City and Interinsurance Exhange of the Auto Club of So CalORDINANCE NO. 94-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND INTERINSURANCE_ESCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds and declares as follows: 1. Public hearings have been held on May 23, 1994, before the Planning Commission, and on June 6 and June 20, 1994, before this City Council pursuant to the procedures described in Council Resolution No. 88-53 and Government Code §§ 65867 and 65867.5. At the hearings, the 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 and Interinsurance Exchange of the Automobile Club of Southern California ("AAA")., 2. The Development Agreement between the City of Costa Mesa and AAA 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; (b) Compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is and will be located; and (c) In conformity with and will promote public convenience, general welfare and good land use practice. 3. The provision in the Development Agreement for a three (3) year review and verification of the AAA Transportation Demand Management program is equivalent to the review provided in Costa Mesa Municipal Code Section 13-327. 4. The Development,Agreement between the'City.of Costa Mesa and AAA 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. 5. The Development Agreement between the City of Costa Mesa and AAA 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 the developer. 6. EIR 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 findings were made on the project on June 20, 1994, in accordance with Section 15091 of the CEQA Guidelines. 7. After considering the Final EIR 1045 and Addendum No. 1, and in conjunction with making findings, the City Council on June 20, 1994, approved the development approvals for the AAA project in accordance with Section 15092 of the CEQA Guidelines. 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 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. ....11 PASSED AND ADOPTED this jr 6" day of 1994. ATTEST: Mayor of the City of -Costa Mesa APPROVED AS TO FORM: City C1 k of the City of Cos a Me4a City Attorney 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. 94-11 was introduced and considered section by section at a regular meeting of the City Council held on the 20th day of June,. 1994, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 5th day of July, 1994, by the following roll call vote: AYES: Humphrey, Hornbuckle, Buffa, Erickson NOES: Genis ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of July, 1994. Deputy Ci 4uncil.of Clerk and ex -officio Clerk of the .City the City of Costa Mesa