HomeMy WebLinkAbout08-1 Rezoning One Parcel of Property Located at 351 W Bay StreetORDINANCE NO. 08-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REZONING ONE
PARCEL TOTALING 0.77 ACRE FROM C2 (GENERAL
COMMERCIAL) TO R2 -MD (MULTIPLE FAMILY
RESIDENTIAL – MEDIUM DENSITY) FOR PROPERTY
LOCATED AT 351 WEST BAY STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, Rezone R-07-06 is consistent with the 2000 General Plan adopted
in January, 2002, as amended by General Plan Amendment GP -07-03;
WHEREAS, Rezone R-07-06 involves a change in the zoning district of real
property located at 351 W. Bay Street from C2 (General Commercial) to R2 -MD (Multi -
Family Residential—Medium Density);
WHEREAS, Rezone R-07-06 will allow residential development at a maximum
density of 12 du/ac, or 1 dwelling per 3,630 square feet, as allowed by the General
Plan; and
WHEREAS, on December 10, 2007, after a duly noticed public hearing, the
Planning Commission recommended City Council approval of Rezone R-07-06.
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 – Medium Density) zoning district a 0.77 -acre property, identified as
Assessor Parcel Number 419-221-02, situated in the City of Costa Mesa, County of
Orange, State of California and as shown in attached Exhibit 1.
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. 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, and is considered an exempt activity under CEQA
Guidelines Section 15332, Class 32, related to infill development. .
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extent of such inconsistencies and no further, is hereby repealed or modified to that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 NEWPORT
BEACH/COSTA MESA 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 15th day of January, 2008.
Eric Bever, Mayor
ATTEST:
JLde Folcik, City Clerk
APPROVED AS TO FORM:
Kifnberly Hall Barlow, 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. 08-1 was duly introduced for first reading
at a regular meeting of the City Council held on the 2nd day of January, 2008, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 15th day of January, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16th day of January, 2008.
C444.2_ Z�D
juA FOLCIK, CITY CLERK
(SEAL)
1
I hereby certify that the above and foregoing is the original of Ordinance No. 08-1 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
January 15, 2008, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on January 9 and 23, 2008.
JUA FOLCIK, CITY CLERK
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