HomeMy WebLinkAbout45 - PH-2 - 125 East Baker St Apartment Proj. - 4/15/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 15, 2014 ITEM NUMBER:
SUBJECT: 125 EAST BAKER STREET APARTMENT PROJECT:
FINAL EIR (STATE CLEARINGHOUSE # 2013081051); GENERAL PLAN AMENDMENT
GP -13-02; REZONE R-13-02; ZONING CODE AMENDMENT CO -13-02; MASTER PLAN
PA -13-11, AND DEVELOPMENT AGREEMENT DA -14-02
125 EAST BAKER STREET
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MEL LEE, SENIOR PLANNER
DATE: APRIL 3, 2014
FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611
mel.lee@costamesaca.gov
RECOMMENDATIONS
The Planning Commission recommends that the City Council take the following action:
1. Certify the Final Environmental Impact Report for the project.
Additionally, staff is recommending that, based on the recommendation of the Planning
Commission, that the City Council grant tentative approval of the General Plan Amendment
pending final approval as part of a future General Plan Cycle and take the following actions:
2. Tentatively approve by adoption of resolution General Plan Amendment GP -13-02.
3. Give first reading to the ordinance approving Rezone R-13-02.
4. Give first reading to the ordinance approving Zoning Code Amendment CO -13-02.
5. Approve by adoption of resolution Master Plan PA -13-11, subject to conditions of
approval and the EIR Mitigation Monitoring and Reporting Program for the project.
6. Approve Development Agreement DA -14-02 between the applicant and the City of Costa
Mesa to fund public infrastructure improvements in the area.
This staff report provides a summary of the proposed project and entitlements, as well as
the Planning Commission's action related to the project. Please refer to the Planning
Commission staff report dated March 24, 2014 for detailed information and analysis related
to the proposed project.
PLANNING APPLICATION SUMMARY
Location: 125 East Baker Street Applications: GP -13-02/R-13-02/ CO-13-02/PA-13-11/
DA-14-02/FEIR (SCH No. 2013081051)
Request: Approval of entitlements for 125 E. Baker Apartment Project
SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: CL
(Current); PDR -HD (Proposed)
North:
(Across Baker) MP, church and industrial uses
General Plan:
IP (Current); HDR (Proposed)
South:
(Across Pullman) MP, industrial uses
Lot Dimensions:
Irregular
East:
(Across Pullman) MP, industrial uses
Lot Area:
181,415 SF (4.17 AC)
West:
CM (55) freeway off -ramp and drainage channel
Existing Development: Two-story office building
(to be demolished)
DEVELOPMENT STANDARD COMPARISON (Based on Proposed PDR -HD Zoning)
Development Standard
Required/Allowed
Proposed/Provided
Lot Size:
Lot Width N/A 340 FT
Lot Area 43,560 SF 1 AC 181,415 SF 4.17 AC
Density (High Density Residential):
Zone
20 du's/AC
83 Units Max.
58 du's/AC
240 Units Pro 1
General Plan
20 du's/AC
83 Units Max.
58 du's/AC
240 Units Pro 1
Maximum Site Coverage Overall Project):
Buildings NA NA
Perimeter Open Space 20 FT Abutting Public ROW 20 FT Abutting Public ROW
Open Space Total Site Area 42% 46.5%
Min. Private Open Space(Patio/Balcony) Min. 5 FT Dimension/100 SF Min. 5 FT Dimension/100 SF 2
Building Height: NA 5 Stories/63 FT (Apartments) (3)
6 Stories/62.5 FT (Parking Structure 3
Setbacks Overall Project):
Front Baker Street NA 20 FT
Side left -Pullman Street/right-55 FWY NA 20 FT/20 FT
Rear NA NA
On -Site Parking:
538 Spaces
457 Spaces (In Parking Structure)
4 Spaces (At Grade Open Parking)
461 Spaces Total 4
Driveway Width
16 FT Min.
25 FT
NA = Not Applicable or No Requirement.
(1) Site specific density requires General Plan Amendment and Zoning Code Amendment (see staff report discussion).
(2) 100 SF requirement may be met through a combination of private balcony area and other deck areas in the common
area, as long as the overall dimension of the balcony/deck is not less than 5 FT.
(3) Site specific building height requires General Plan Amendment (see staff report discussion).
4 Reduction in number of on-site spaces requested see staff report discussion).
CEQA Status
Environmental Impact Report EIR
Final Action
City Council
BACKGROUND
Project Site/Environs
The project site is located at the southwest corner of Baker Street and Pullman Street.
The site is approximately 4.17 -acres in size (181,415 square feet), is roughly triangular-
shaped, and is currently occupied by a 66,000 -square -foot two-story office building
constructed in 1974, a surface parking lot, signage, and landscaped areas within the
parking area and around the perimeter of the site. The property is currently zoned CL
(Commercial Limited) and has a General Plan Land Use Designation of Industrial Park
(MP). The site is bounded to the north (across Baker Street) by buildings containing a
church and various industrial uses zoned MP (Industrial Park), with a General Plan Land
Use designation of Industrial Park; to the south and east (across Pullman Street) by
various industrial buildings zoned MP (Industrial Park) with a General Plan Land Use
designation of Industrial Park; to the west is the off -ramp for the Costa Mesa Freeway
(SR -55) and a drainage channel surrounded by chain link fencing. The site is also located
approximately one-half mile to the west of John Wayne Airport (JWA).
Project Proposal
The proposed project involves replacing the existing office building and surface parking
areas with an apartment building and parking structure as described above. The apartment
units are comprised of studio, one -bedroom, two-bedroom, and three-bedroom units. A
breakdown of the unit types are summarized in the table below:
Studio & Lofts
1 Bedroom &
Lofts
2 Bedroom &
Lofts
3 Bedroom
TOTAL
30 Units
107 Units
95 Units
8 Units
240 Units
The building design and roof elements are modern style, i.e., characterized by simplified
square and rectangular building forms with a variety of flat planes, projections, and
recesses. The exterior consists of alternating stucco, smooth fiber cement panels with
exposed attachments, and wood siding finishes. Additional accents include wood balcony
rails and trellises, welded wire mesh grid systems that support the growth of landscape
vines, and "caged rock" planters.
The vehicular entrance to the parking structure is proposed to be provided from a single
drive approach on Pullman Street. The project will include four outdoor on -grade parking
spaces to serve the leasing office and 457 parking spaces provided within a six -level parking
structure, which will also serve as a sound barrier to the adjacent freeway noise. Access to
each residential level will be provided directly from each level of the parking structure and
additionally by stairs and elevators throughout the development.
The site plan includes private open space and courtyard areas that allow for circulation
through the project while still maintaining a sense of privacy for the residents. The project
also contains resident amenities that include a pool, a spa, a state-of-the-art cardio gym, a
dog park, a roof top deck, a business center, community gardens, and a clubhouse.
A detailed description of the project is provided in the Environmental Impact Report (EIR)
prepared for the project, under separate cover.
SUMMARY OF PLANNING COMMISSION ACTION
On March 24, 2014 the Planning Commission recommended City Council approval of the
proposed project on a 5-0 vote.
SUMMARY OF PROPOSED ENTITLEMENTS
General Plan Amendment GP -13-02
As noted earlier, a change in the land use designation of the 4.17 -acre development site
from Industrial Park to High Density Residential is proposed to accommodate the
development. The proposed General Plan Amendment GP -13-02 would amend the
following sections of the Land Use Element as underlined and italicized below:
LAND USE DESIGNATIONS
High -Density Residential
In 2014, General Plan Amendment GP -13-02 was approved; it consisted of a site-specific
residential density increase for a 4.17 -acre site at 125 East Baker Street. The maximum
densitv allowed is 58 units/acre, which allows a maximum of 240 dwellina units.
Building Height
The Zoning Code does not specify a maximum building height for the PDR -HD zone;
however, a maximum building height of four stories for buildings south of the San Diego
(1-405) Freeway is established as an objective and a policy in the General Plan Land Use
Element (Objective LU -11C and Policy LU -11C.2). Because the subject property for the
proposed development is south of the 1-405 Freeway, the four-story maximum height
would apply to the project.
The proposed revision to the General Plan objective/policy language is underlined and
italicized below:
Objective LU -1C Promote land use patterns and development, which contribute to
community and neighborhood identity.
Policy LU -1C.2 Limit building height to four stories above grade
south of the 1-405 Freeway, except for special
purpose housing, such as elderly, affordable, or
student housing. An exception is for the Newport
Plaza property at 1901 Newport Boulevard where a
six -level parking structure is allowed, and
the property at 125 East Baker Street where a five -
story, 240 -unit apartment building and six -story
aarkina structure are allowed (GP -13-02).
Rezone R-13-02
A rezone (or change) of the zoning classification of the 4.17 -acre development site from
Commercial Limited (CL) to Planned Development Residential — High Density (PDR -HD).
The proposed rezone to PDR -HD would be consistent with the proposed High Density
Residential General Plan designation for the project site.
Zoning Code Amendment CO -13-02
A zoning ordinance to amend Costa Mesa Municipal Code Title 13 for a site-specific
density of 58 dwelling units per acre would be required. The proposed 240 -unit project
would require an amendment to Table 13-58 (Planned Development Standards) to allow
a site-specific density of 58 dwelling units per acre for this project. The revised
Table 13-58 is presented with changes as underlined and italicized below:
Revised Table 13-58 (Planned Development Standards)
Development
PDR -LD
PDR -MD
PDR -HD
PDR -NCM
PDC
PDI
Standard
57 Feet
67 Feet
62 Feet, 6 Inches
Maximum Density
8
12
20
35
20
per Section 13-59
Note: See North
Note: The maximum
MAXIMUM
DENSITY
CRITERIA.
Costa Mesa Specific
Plan for exceptions.
Note: The maximum
density for 1901 Newport
Boulevard is 40 dwelling
units per acre. See North
(dwelling units per
Costa Mesa Specific Plan
density for 125 East
acre)
for exceptions.
Baker Street is
58 dwelling units per
acre (CO -13-02).
Master Plan PA -13-11
As noted earlier, the Master Plan application is for the proposed development of a five -
story 240 -unit residential apartment building (63 feet overall height) that wraps around a
six -story parking structure (62.5 feet overall height) with 457 parking spaces in the parking
structure and four outdoor on -grade parking spaces with a deviation from the following
zoning code development standards: on-site parking spaces (538 parking spaces
required; 461 parking spaces proposed).
After the EIR was prepared, the following revision to the maximum height of the parking
structure was made for the Baker Street Apartment Project:
Original Parking Structure
Parking Structure Height
Parking Structure Revised
Height as Evaluated in the
Indicated On Submitted
Height
Project EIR
Plans
57 Feet
67 Feet
62 Feet, 6 Inches
According to the applicant, the revision was necessary due to changes in the shape and
layout of the parking structure, which led to some parking stalls being relocated to the top of
the structure and the lengthening of the ramps within the parking structure. However, the
project architect was able to reduce the height to 62'-6" to conform to the 65 -foot maximum
building height previously determined by the Federal Aviation Administration (FAA). The
number of overall stories within the parking structure (6) remains unchanged.
The consultant that prepared the EIR for the project has reviewed the changes and
determined that although the change results in a higher point visually for the parking
structure, the Aesthetics Section in the EIR previously concluded that the project is
improving the aesthetic value of the site and the overall height of the project is still under 63
feet. Thus, no revisions to the EIR analysis and conclusions are necessary.
Development Agreement DA -14-02
The applicant has agreed to enter into a Development Agreement with the City in the amount
of $250,000.00 to fund future public infrastructure improvements in the area (street paving,
sidewalks, open space enhancements, etc.). If the project is converted into condominium
in the future, the project would still be subject to the payment of Quimby Act park land impact
fees. The Development Agreement is for a period of five years, during that time the
$250,000.00 payment would be credited toward the required Quimby Act Fee.
If approved by the City Council, staff recommends the following additional condition of
approval for Master Plan PA -13-11:
• Per Development Agreement DA -14-02, the applicant shall provide a payment to
the City in the amount of $250,000.00 to fund future public infrastructure
improvements in the area.
ENVIRONMENTAL DETERMINATION
An Environmental Impact Report (EIR) has been prepared for the project in accordance with
the California Environmental Quality Act (CEQA). In accordance with CEQA Guidelines
Section 15087, the Draft Environmental Impact Report was made available for a 45 -day
public review and comment period beginning on November 6, 2013, and remained available
for comment until December 20, 2013. The Final EIR document can be found on the City's
website at the below link:
http://www.costamesaca.gov/index.aspx?page=151
Electronic copies can also be obtained on CD's from the Planning Division at no charge.
Hardcopies are also available for review at the following locations:
City of Costa Mesa
Planning Division/Development Services Department
77 Fair Drive
Costa Mesa, CA 92628
The Costa Mesa/Donald Dungan Library
1855 Park Avenue
Costa Mesa, CA 92627
Mesa Verde Library
2969 Mesa Verde Drive East
Costa Mesa, CA 92626
Response to Comments
In total, twelve comment letters regarding the Draft EIR were received during the public
review and comment period from five public agencies, one organization, and six individuals.
Additionally, the Draft EIR was presented to the Planning Commission during their regularly
scheduled meeting on December 9, 2013, and five speakers provided comments on the
proposed project during the Planning Commission Meeting. The comments have been
incorporated, where appropriate, in the Final EIR document.
Brief Summary of Significant Environmental Impacts and Mitigation Measures
Under CEQA, a "significant impact" represents a substantial or potentially substantial
adverse physical change to the environment. In evaluating specific effects of the project
on the environment, the EIR identifies thresholds of significance for each effect, evaluates
the potential environmental change associated with each effect, and then characterizes
the effects as impacts. With the implementation of the mitigation measures identified in
the EIR for the proposed project, all potentially significant impacts have been reduced to
less than significant levels, as briefly summarized in the table below:
ImpactsSummary of Significant Environmental
Potentially Significant
Level of Significance After
Environmental Effects
Mitigation Measure Summary (1)
Mitigation
Air Quality
• Maintain equipment during construction
Less than significant
• Minimize dust during construction
• Paint and building coatings to complywith
air quality standards
• Provide a sealed HVAC system for all
units
Hydrology/Water Quality
• Provide a Water Quality Management
Less than significant
Plan (WQMP)
Land Use/Planning
• Notification to future residents of airport in
Less than significant
the vicinity of the project
Noise
• Comply with applicable noise attenuation
Less than significant
standards
• Minimize noise impacts during
construction
Transportation/Traffic
• Provide a traffic signal at Baker/Pullman
Less than significant
intersection
• Provide street improvements at Red Hill/
Baker intersection
• Payment of traffic impact fees
• Provide adequate sight distance for
vehicles at all project drive approaches
(1) Refer to the Final EIR document for detailed descriptions of each mitigation measure.
RECOMMENDATION FOR TENTATIVE APPROVAL
As noted earlier, the proposed project involves a site specific amendment to the Land Use
Element of the City's 2000 General Plan. Per Government Code Section 65358(b) a
mandatory element of the General Plan cannot be amended more than four (4) times per
calendar year. On January 21, 2014, City Council approved an update to the Housing
Element of the City's General Plan, and several additional general plan amendments are in
various stages of review by the City, including the 2012-2023 overall update to the General
Plan. Therefore, staff is recommending that the City Council grant tentative approval of the
General Plan Amendment GP -13-02, for this project, with final action to be later this year to
allow this general plan amendment approval to be combined with other in a single general
plan amendment cycle as allowed per the Government Code.
The Council can approve the Final EIR and Development Agreement DA -14-02, at this time.
The Zoning Code Amendment CO -13-02 and Rezone R-13-02 can also be approved for
first reading at this time. Master Plan PA -13-11 has been conditioned to required final
approval of the associated General Plan Amendment to be valid and therefore can be
approved subject to final approval of the General Plan Amendment GP -13-02.
LEGAL REVIEW
The Final EIR and draft resolutions/ordinances have been reviewed and approved as to
form by the City Attorney's Office.
CONCLUSION
With implementation of the mitigation measures identified in the EIR for the proposed
project, all potentially significant impacts have been reduced to less than significant
levels. With the implementation of the recommended conditions of approval, the proposed
project will be compatible and harmonious with uses that exist within the general
neighborhood. The project features quality construction and materials. The proposal
provides on-site amenities expected of quality residential developments of this type. The
parking study prepared for the project identifies that the parking demand is adequate for
this project. The Airport Land Use Commission for Orange County (ALUC) determined
that the proposed project was consistent with the Commission's Airport Environs Land
Use Plan (AELUP) for John Wayne Airport (JWA). Therefore, the Planning Commission
recommended that the City Council Certify the Final EIR prepared for the project; grant
Tentative Approval of the General Plan Amendment; and Approval of the DA (new item
for City Council consideration) and Master Plan; and First reading to the Rezone and
Zoning Code Amendment; subject to Conditions of Approval and the Mitigation Monitoring
and Reporting Program.
ALTERNATIVES
The City Council has the following alternatives:
1. Continue the item to allow additional time for further analysis or revisions to the project.
2. Deny the project. If the City Council denies the project, the applicant could not submit
substantially the same type of application for six months.
MEL LEE, AICP GARY ARMSTRONG, AICP
Senior Planner Director of Economic & Development /
Deputy CEO
Attachments: 1. Project Plans
2. Draft Resolution for Final EIR Certification
3. Draft Resolution for General Plan Amendment
4. Draft Ordinance for Rezone
5. Draft Ordinance for Zoning Code Amendment
6. Draft Resolution for Master Plan
7. Minutes of the March 24. 2014 Plannina Commission Meeti
8. March 24, 2014 Planning Commission Staff Report and Attachments
9. Planning Commission Resolutions
10. Final EIR
11. Development Agreement
cc: Chief Executive Officer
Assistant Chief Executive Officer
Director of Economic & Development / Deputy CEO
City Attorney
Public Services Director
Transportation Svs. Mgr.
City Engineer
City Clerk (9)
Staff (7)
File (2)
Distribution List — Agencies and Persons Who Provided Comment
on the Project EIR
Red Oak Investments
Attn: Joe Flanagan
2101 Business Center Drive, #230
Irvine, CA 92612
Nader Properties
3 Harbor Light
Newport Beach, CA 92657
Atkins
Attn: Trina S. Abbott
3570 Carmel Mountain Road, Suite 300
San Diego, CA, 92130
InFocus Consultants
Attn: Peter Naghavi
418 Avenida Salvador
San Clemente, CA 92672
April 10, 2014
Honorable Mayor James Righeimer
Honorable Mayor Pro Tem Stephen Mensinger
Honorable City Council Members
Planning Commissioners and City Planning Staff
CITY OF COSTA MESA
77 Fair Drive
Costa Mesa CA 92626
Re: Multi Family Rezone —125 Baker Street
Dear Honorable Mayor, City Council and Planning Staff:
REGENTS
CAPITAL CORPORATION -
125 East Baker Street, Suite C-230
Costa Mesa, CA 92626
Toll Free 888.901.4207
Fax: 949.891.0970
I write this letter of support as a member of the community who will be truly impacted by
this proposed development. Many people claim to be impacted by development but as a current
tenant in the existing office building on the site, my company will be forced to relocate.
However, as the former Mayor of Huntington Beach, CA, I recognize that communities must
evolve and recognize the value locked in old infrastructure. I had the opportunity to work with Red
Oak Investments as the city initiated a Specific Plan process along the Beach and Edinger corridors.
Red Oak was the owner of an office and retail center of similar vintage and size to 125 Baker. They
worked closely with Staff and community stakeholders to craft a plan that is being realized today.
I know the importance of reinvesting in the community and this type of infill development
should be encouraged as housing near jobs, transportation and retail amenities is good planning
policy. 125 Baker Street's plan makes sense for Costa Mesa's future and I support it.
Sincerely,
Don Hansen
Chief Executive Officer
Public Hearing Item #2
Attachment 11
Typo Error on Page 2 of the
Development Agreement
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF COSTA MESA, A CALIFORNIA MUNICIPAL
CORPORATION AND RED OAK INVESTMENTS,
A CALIFORNIA LIMITED LIABILITY CORPORATION
FOR THE PROPERTY LOCATED AT 125 EAST BAKER
STREET
WHEREAS, Red Oak Investments ("Developer") proposes a project located at 125
East Baker Street, Costa Mesa, CA consisting of a five -story, 240 -unit apartment
complex located on the southwest corner of Baker Street and Pullman Street
("Project"); and
WHEREAS, on or about March 24, 2014, the Planning Commission recommended the
City Council certify the Final Environmental Impact Report; approve General Plan
Amendment GP -13-02, give first reading to the ordinance approving Rezone R-13-02,
give first reading to the ordinance approving Zoning Code Amendment CO -13-02, and
approve, by adoption of resolution, Master Plan PA -13-11 (collectively, the Project
Approvals); and
WHEREAS, City ordinances and regulations do not require the payment of park impact
fees for the Project because park impact fees apply only to projects that require
subdivision, however, the Developer agrees to make a public infrastructure improvement
contribution to the City of Costa Mesa; and
WHEREAS, on or about April 14, 2014, the City Council is scheduled to approve DA -14-
02 subject to final approval of the General Plan Amendment for the Project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The City Council finds that the foregoing recitals are true and correct.
2. Term. This Agreement shall be for a term of five (5) years from the Effective
Date (as defined below).
3. Effective Date. Effective Date means the date on which General Plan
Amendment GP -13-02 is approved by the City Council.
4. Traffic Impact Fees. Developer acknowledges that traffic in the Project vicinity
will be impacted due to construction and cars to and from the Project. As a
result, Developer hereby agrees to pay the Traffic Impact fee estimated at one
hundred sixty five thousand two hundred fifty three dollars ($165,253.00) but
subject to final calculation based upon the prevailing schedule approved by the
City Council prior to the issuance of certificate of occupancy.
5. Public Infrastructure Improvement Contribution. Developer acknowledges
that the Project will place increased burden on the City's infrastructure. As a
result, Developer hereby agrees to provide two hundred, fifty thousand dollars
($250,000.00) as a public infrastructure improvement contribution payable to
the City prior to issuance of the first certificate of occupancy for the Project.
6. Park Impact Fees. The City and Developer hereby agree that if the Project is
subdivided, the Developer shall pay the current park impact fee of thirteen
thousand and eight hundred twenty nine dollars ($13,829.00) per dwelling unit
("Park Impact Fees"). Moreover, the Public Infrastructure Improvement
Contribution set forth in paragraph4-5 shall be credited against the Developer's
Park Impact Fees.
7. Vested Right to Develop the Project. The City hereby grants to the
Developer the vested right to develop the Project on the Property to the extent
and in the manner provided in this Agreement subject to Developer obtaining all
applicable land use approvals for the Project. Any change in the Applicable
Rules adopted or becoming effective after the Effective Date (Subsequent
Rules), other than the Project Approvals, shall not be applicable to or binding
upon the Project or the Property. This Agreement will bind the City to the terms
and obligations specified in this Agreement and will limit, to the degree
specified in this Agreement and under state law, the future exercise of the
City's ability to regulate development of the Project
8. Applicable Rules. Applicable Rules means the rules, regulations, ordinances
and official policies of the City which were in force as of the Effective Date,
including, but not limited to, the Project Approvals, the General Plan, City
zoning ordinances and other entitlements, development conditions and
standards, public works standards, subdivision regulations, grading
requirements, and provisions related to density, growth management,
environmental considerations, and design criteria applicable to the Project.
Notwithstanding the foregoing, Applicable Rules does not include any changes
to the City's prevailing schedule and/or fee schedule that is the subject of any
rules, regulations, ordinances and official policies of the City.
9. Development of the Property. The Developer agrees that the Property shall
only be developed in accordance with the Project Approvals and any conditions
and mitigation measures imposed on the Project through final approval of the
Project, and the provisions of this Development Agreement. Notwithstanding
anything set forth in this Agreement to the contrary, unless Developer proceeds
with development of the Property, Developer is not obligated by the terms of
this Agreement to affirmatively act to develop all or any portion of the Project,
pay any sums of money, dedicate any land, or to otherwise meet or perform
any obligation with respect to the Project, except and only as a condition of
development of any portion of the Project.
10. Indemnity. Developer shall defend, indemnify, and hold harmless City, and
their respective officers, officials, members, employees, agents,
representatives, and volunteers, from all claims, demands, damages, defense
costs or liability of any kind or nature relating in any manner to the amount,
adequacy or application of development fees for the Project.
11. Notices. All notices, requests, demands, and other communications required
or permitted under this Agreement shall be in writing and shall be delivered by
either (a) personal delivery, (b) reliable courier service that provides a receipt
showing date and time of delivery, (c) registered or certified U.S. Mail, postage
prepaid, return receipt requested, or (d) facsimile. Notices shall be addressed
to the respective parties as set forth below or to such other address and to such
N
other persons as the parties may hereafter designate by written notice to the
other party hereto:
To City: City of Costa Mesa
Attn: Gary Armstrong
77 Fair Drive
Costa Mesa, CA 92626
Copy to: Jones & Mayer
Attn: Thomas P. Duarte
3777 N. Harbor Blvd.
Fullerton, CA 92832
Developer: Red Oak Investments
Attn: Joseph Flanagan
2101 Business Center Dr. Ste. 230
Irvine, CA 92612
Copy to: Allen Matkins
Attn: William Devine, Esq.
1900 Main Street, 5t" Floor
Irvine, CA 92614
Each notice shall be deemed delivered on the date delivered if by personal delivery or
by overnight courier service, on the date of receipt as disclosed on the return receipt if
by mail, or on the date of transmission with confirmed successful transmission and
receipt if by telefax. By giving to the other parties written notice as provided above, the
parties to this Agreement and their respective successors and assigns shall have the
right from time to time, and at any time during the term of this Agreement, to change
their respective addresses.
12. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover from the losing party its expert witness fees (if any), its
reasonable costs and expenses including, without limitation, litigation costs, and its
reasonable attorneys' fees.
13. Binding on Heirs. This Agreement shall be binding upon the parties hereto and
their respective heirs, representatives, transferees, successors, and assigns.
14. Scope Agreement, Waivers, and Amendments. This Agreement is limited to the
payment of park and traffic impact fees. Nothing herein shall be construed as
addressing the Developer's other obligations for the Project. All waivers of the
provisions of this Agreement must be in writing and signed by the appropriate
authorities of the party to be charged. Any amendment or modification to this
Agreement must be in writing and executed by Agency and Developer.
15. Interpretation; Governing Law. This Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California.
16. Severability. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
17. Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on both
parties hereto, notwithstanding that both parties are not signatories to the original
or the same counterpart.
18. Attachments. Attachment No. 1 to this Agreement is incorporated herein by this
reference and made a part hereof. Said Attachment(s) are identified as follows:
Attachment 1: Legal Description (To Be Provided Under Separate Cover)
IN WITNESS WHEREOF, City and Developer have entered into this Agreement
as of this day of 2014.
"City"
City of Costa Mesa, a California
Municipal Corporation
in
Mayor of the City of Costa Mesa
ATTESTATION
Brenda Green, City Clerk
APPROVED AS TO FORM
Tom Duarte, City Attorney
"Developer"
Red Oak Investments, a California
Corporation
By:
Joseph Flanagan, Red Oak Investments