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HomeMy WebLinkAbout18-11 - Approving Rezone 18-01, 1957 Newport Blvd. and 390 Ford RoadORDINANCE NO. 18-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING REZONE 18-01 TO REZONE A 1.86 -ACRE AND A PORTION OF FORD ROAD SITE FROM GENERAL BUSINESS (C-2) TO PLANNED DEVELOPMENT RESIDENTIAL- HIGH DENSITY (PDR- HD) AND ESTABLISH A SITE- SPECIFIC DENSITY OF 20.4 DWELLING UNITS PER ACRE FOR THE PROPERTIES LOCATED AT 1957 NEWPORT BOULEVARD AND 390 FORD ROAD (APNs 419-211- 05, 419-212-05 AND 115-270-29) AND A PORTION OF FORD ROAD THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, an application was filed by Sandra Gottlieb of The Olson Company, representing the property owners, Olson Urban Housing LLC, requesting approval of certain land use entitlements; WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 10, 2018 with all persons having the opportunity to speak for and against the proposal; WHEREAS, at their regular meeting on September 10, 2018 meeting, the Planning Commission recommended that City Council approve the project by a 2-1 vote; WHEREAS, a duly noticed public hearing was held by the City Council on October 2, 2018 with all persons having the opportunity to speak for and against the proposal; WHEREAS, on October 2, 2018, the City Council approved the first reading by a 5-0 vote; WHEREAS, the City Council took or will take the following actions by separate resolution; 1) ADOPT the Initial Study/Negative Declaration including the Mitigation Monitoring and Reporting Program; (2) APPROVE General Plan Amendment 18-02 to change the land use designation of the project site from General Commercial (GC) to High Density Residential (HDR) with a site-specific density of 20.4 du/acre, as shown in Exhibit A of Resolution No. 18-69; and Master Plan (PA -18-05) for a 38 -unit residential development; (4) APPROVE Vesting Tentative Tract Map No. 18156 to subdivide the subject property for condominium purposes. Ordinance No. 18-11 Page 1 of 5 (5) APPROVE of the abandonment of a portion of Ford Road as described in project documents. WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring and Reporting Program was prepared in compliance with CEQA and the local environmental review guidelines; WHEREAS, the IS/MND was circulated for the required 30 -day public review period from August 8, 2018, to September 7, 2018; WHEREAS, the final adoption of the IS/MND shall be considered by the City Council as the final approval authority, after evaluation of the environmental document and all comments on the IS/MND received during the public review period; WHEREAS, written comments received from the general public, government entities, and other interested parties were responded to, where appropriate, in the manner prescribed in California Code of Regulations Section 15073; WHEREAS, no significant new information has been added to the IS/MND since its circulation for public comment and no changes to the proposed project have occurred which would require recirculation of the IS/MND under CEQA Guidelines Section 15073.5; WHEREAS, the City Council reviewed and found that the IS/MND adequately evaluates the environmental impacts of the proposed project, and the IS/MND is complete, adequate, and fully complies with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the IS/MND reflects the independent judgment and analysis of the City of Costa Mesa; BE IT RESOLVED that, based on the evidence in the record, the City Council hereby APPROVES as follows: SECTION 1: REZONE. The City of Costa Mesa Official Zoning Map is hereby amended as follows: 1. The proposed rezone to Planned Development Residential- High Density (PDR - HD) with a site-specific density of 20.4 du/acre is consistent with the General Plan as amended by General Plan Amendment 18-02 and adopted by Resolution No. 18-69. Ordinance No. 18-11 Page 2 of 5 2. There is hereby placed and included in the Planned Development Residential - High Density (PDR -HD) zoning district a 1.86 -acre parcel, identified as County Assessor Parcel Numbers (APNs 419-211-05, 419-212-05 and 115-270-29) and as shown in attached Exhibit 1 and described in Table 13-58 (Exhibit 2), situated in the City of Costa Mesa, County of Orange, State of California. 3. Pursuant to the provisions of Section 13-22 of the Costa Mesa Municipal Code, the Official Zoning Map of the City of Costa Mesa is hereby amended by the change of zone described in Subsections Number 1 and Number 2 above. A copy of the Official Zoning Map and Zoning Code is on file in the office of the Planning Division. SECTION 2: 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. SECTION 3: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 4: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY 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 and member of the City Council voting for and against the same. Ordinance No. 18-11 Page 3 of 5 PASSED AND ADOPTED this 16th day of October, 2018. ndra L. Genis, Mayor ATTEST: Brenda Green City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss APP Dua C City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 18-11 was duly introduced for first reading at a regular meeting of the City Council held on the 2nd day of October, 2018, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 16th day of October, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mansoor IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of October, 2018. Brenda Green City Clerk Ordinance No. 18-11 Page 4 of 5 EXHIBIT A OF RESOLUTION NO. 18-69 GENERAL PLAN AMENDMENT 18-02 Amendment to Land Use Map and Related Tables Change the Land Use Designation of 1.86- acre site from General Commercial (GC) to High Density Residential (HDR) with a Site- Specific Density of 20.4 du/acre Text changes to Land Use Summary Table as applicable. Ordinance No. 18-11 Page 5 of 5