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HomeMy WebLinkAbout11-08 Rezone Parcel of Property Located at 2626 Harbor BlvdORDINANCE NO. 11-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO REZONE A 3.7 - ACRE. PARCEL FROM C1 (LOCAL BUSINESS DISTRICT) AND P (PARKING) TO R2 -MD (MULTIPLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 2626 HARBOR BLVD. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, City Council approved the Initial Study/Mitigated Negative Declaration and adopted General Plan Amendment GP -11-01 by separate resolution to change the land use designation of the 3.7 -acre property at 2626 Harbor Boulevard from General Commercial to Medium Density Residential; WHEREAS, Rezone R-11-01 involves a change in the zoning district of real property located at 2626 Harbor Boulevard from C-1 (Local Business District) and P (Parking) to R2 -MD (Multiple Family Residential); WHEREAS, Rezone R-11-01 is consistent with the 2000 General Plan adopted in January, 2002 as amended by GP -11-01; WHEREAS, Rezone R-11-01 will allow residential development at a maximum density of 12 du/ac, as allowed by the General Plan; WHEREAS, the R2 -MD zone is a consistent zone in the Medium Density Residential land use designation; SECTION 1. REZONE. The City of Costa Mesa Official Zoning Map is hereby amended as follows: a. There is hereby placed and included in the R2 -MD (Multiple Family Residential) zoning district a 3.7 -acre parcel, identified as Assessor Parcel Numbers 141-361-29, 141-361-30, 141-731-02 and 401-731-03 and as shown in attached Exhibit "1," situated in the City of Costa Mesa, County of Orange, State of California. b. 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 subsection a hereof and in the respective Exhibit 1". A copy of the Official Zoning Map is on file in the office of the Planning Division. SECTION 2. ENVIRONMENTAL DETERMINATION. The proposed rezone was processed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and circulated from July 15, 2011 to August 15, 2011. The City Council found that proposed residential project will not have a significant negative impact on the environment with the incorporation of the mitigation measures identified in the IS/MND. SECTION 3. 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 no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. 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 5. 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. of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of October, 2011. Gary. Monahan, YAayor ATTEST: J# Folcik, City Clerk APPROVED AS TO FORM: Thomas Du e, city Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 11-08 was duly introduced for first reading at a regular meeting of the City Council held on the 6th day of September, 2011, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 18th day of October, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MONAHAN. RIGHEIMER, BEVER, LEECE, MENSINGER. 101 Eel 011 NONE. IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of October, 2011. INJOIFA�OLCIK, (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 11-08 duly passed and adopted by the Costa Mesa City Council at the regular meeting held October 18, 2011, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on September 14, 2011, and October 27, 2011. J FOLCIK, CITY CLERK (SEAL)