HomeMy WebLinkAbout08-2 Rezoning Property at 265 Monte Vista AvenueORDINANCE NO. 08-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, TO REZONE A 1.4 -
ACRE PROPERTY FROM R1 (SINGLE-FAMILY
RESIDENTIAL) TO I&R (INSTITUTIONAL AND
RECREATIONAL) AT 265 MONTE VISTA AVENUE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEARBY ORDAIN AS
FOLLOWS:
WHEREAS, Rezone R-07-09 is consistent with the 2000 General Plan adopted
in January, 2002 and Costa Mesa Zoning Code;
WHEREAS, Rezone R-07-09 of the subject property from R1 (Single -Family
Residential) to I&R (Institutional and Recreational) will meet the central objective for
continued use and development of the subject property for parkland purposes;.
WHEREAS, Rezone R-07-09 will resolve an existing inconsistency between the
General Plan land use designation of Public/Institutional and the current R1 zoning
classification; and
WHEREAS, Rezone R-07-09 included an analysis of the interface and
compatibility between the existing residential neighborhood and existing use for
parkland purposes, and the land use analysis concluded that the continued use of the
property as parkland would be a compatible amenity to the area.
SECTION 1. REZONE PETITION. The City of Costa Mesa Official Zoning Map
is hereby amended as follows:
a. There is hereby placed and included in the I&R zone all the real property
shown on attached Exhibit 1 and described as 265 Monte Vista Avenue, Assessor
Parcel Numbers 439-333-02 and 439-333-03, 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. Rezone R-07-09 has been
reviewed for compliance with the California Environmental Quality Act (CEQA), CEQA
Guidelines, and the City's environmental processing procedures. Pursuant to Section
15061 of the CEQA Guidelines, this project is exempt from. CEQA.. Section 15061
consists of activities covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. The. proposed
project qualifies for this exemption because it involves the preservation of an existing use
as open space and/or lands for park purposes.
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. .
ATTEST:
- (: ), 4.1 Z� t 1 5�
Julig Folcik, Ci y Clerk
Eric Bever, Mayor
APPROVED AS TO FORM:
Kimberly 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. 08-2 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.
JUA FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 08-2 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.
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JULIO FOLCIK, CITY CLERK