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HomeMy WebLinkAbout04-52 - Adopting a Mitigated Negative Declaration/Mitigation Monitoring Program (Superior Ave & W. 17th St)RESOLUTION NO. 04-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR GENERAL PLAN AMENDMENT GP-04- 02/REZONE R-04-02/LOT LINE ADJUSTMENT LL -04-01 FOR 1695 SUPERIOR AVENUE AND 635 WEST 17T" STREET. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Julio Gener of Studio 3 Architects, authorized agent for Eugene Stirbu, property owner, with respect to the real property located at 1695 Superior Avenue and 635 West 17" Street, requesting the following: (1) change the General Plan land use designation of the project site from Light Industry to Neighborhood Commercial; (2) rezone of property from Commercial Limited (CL)/ General Industrial (MG) to Local Business District (Cl); and (3) combination of two contiguous parcels into one parcel; and WHEREAS, the project site consists of two parcels with a General Plan land use designation of Light Industry; and WHEREAS, the current zoning of the property at 1685 Superior Avenue and 635 West 17°i Street is Commercial Limited (CL) and General Industrial (MG), respectively; and WHEREAS, proposed project is consistent with the Zoning Code and the 2000 General Plan; and WHEREAS, the resulting parcel will conform to the State Subdivision Map Act and all applicable ordinances and regulations of the City of Costa Mesa, including the submission of a conformed copy of the Lot Line Adjustment prior to final building inspections; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and an Initial Study/Mitigated Negative Declaration was prepared and available for public review from June 21, 2004 through July 10, 2004; and WHEREAS, according to the initial study and Mitigated Negative Declaration, which reflect the independent judgment of the City of Costa Mesa, the proposed project could not have a significant effect on the environment. Additionally, the evidence in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 12, 2004; and WHEREAS, the Planning Commission recommended that City Council approve the proposed project, by adopting Resolution PC -04-46. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby adopt the Mitigated Negative Mitigated Negative Declaration and Mitigation Monitoring Program. BE IT FURTHER RESOLVED that the City Council does hereby approve the proposed project and find and determine that adoption of this resolution is expressly predicated upon the applicant's compliance with all applicable regulations of the City of Costa Mesa and any mitigation measures. Any approval granted by this resolution shall 3 be subject to review, modification, or revocation if the applicant demonstrates a failure to be in compliance. PASSED AND ADOPTED this 2n° day of August, 2004. ATTEST: Dep City Clark of the City of Costa Mesa of th City of Costa Mesa APPROVED AS TO FORM City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) as CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. ne-5? was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 2ntl day of August, 2004, by the following roll call vote: AYES: Monahan, Mansoor, Cowan, Steel, Scheafer NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 3rd day of August, 2004. D uty City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa