HomeMy WebLinkAbout97-32 Amending Code Regarding Deviations from Floor Area Ratio StandardsORDINANCE NO. 97-32
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
SECTION 13-69 OF THE CITY OF COSTA MESA
MUNICIPAL CODE REGARDING DEVIATIONS FROM
FLOOR AREA RATIO STANDARDS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Costa Mesa finds and declares as follows:
WHEREAS, the City of Costa Mesa, by adoption of General Plan Amendment GP -97-
02B, amended the City of Costa Mesa 1990 General Plan to allow limited deviations from
certain floor area ratio standards;
WHEREAS, it is necessary to amend the zoning code, which is contained in Title 13 of
the City of Costa Mesa Municipal Code, to reflect the provisions of GP -97-02B to ensure
consistency between the 1990 General Plan and zoning code;
WHEREAS, an initial study was prepared, pursuant to the California Environmental
Quality Act. According to the initial study and negative declaration, which reflect the
independent judgment of the City of Costa Mesa, the proposed amendment could not have a
significant effect on the environment. Additionally, the evidence presented in the record as a
whole indicates,that the project will not individually or cumulatively have an adverse effect on
wildlife resources or habitat.
Section 2. Section 13-69 of the Costa Mesa Municipal Code is hereby amended to
read as follows:
"Sec. 13-69. FLOOR AREA RATIO ESTABLISHED
The project shall not exceed the Floor Area Ratio (FAR) established in the General Plan for the
applicable land use designation as shown in Table 13-69, unles's a deviation is allowed by the
General Plan."
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 of the members of the City Council voting for and against the
same.
PASSED AND ADOPTED this / day of 2 cQU, 1997.
ATTEST: AP ROVED AS TO FORM:
Deputy Clerk of the City City Attorney
of Costa Mesa
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, do hereby certify that the above and foregoing
Ordinance No. 97-32. was introduced and considered section by section at a regular
meeting of said City Council held on the 3AA day of 1997, and thereafter
passed and adopted as a whole at the regular meeting of said City Council held on the
day of 1997, by the following roll call vote:
AYES: COUNCIL MEMBERS: 3�FFA� lYIoNAHaN� ��� cKsa�J, Cor��►n
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: 1v6nJ-a
ABSTAIN: COUNCIL MEMBERS: ^3o J E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this day of je-J: ,1997.
Deputy Ci lerk and ex -officio Clerk of
_ the City Council of the City of Costa Mesa