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HomeMy WebLinkAbout76-06 1300 Adams ave Clerical error1 2 3 4 5 6 7 8 9 10 11 1211 13' 141 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 76-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING ORDINANCE NO. 75-50 CONCERNING CORRECTING A CLERICAL ERROR ON ONE CONDITION FOR APPROVAL OF THE PLANNED DEVELOPMENT LOCATED AT 1300 ADAMS AVENUE, COSTA MESA, CALIFORNIA 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 hereby finds and declares that at the time Ordinance No. 75-50 was presented and processed through the Costa Mesa Planning Commission and the City Council that one of the conditions attached thereto relating to the City's Planned Development Ordinance (CMMC.§13-247.et.seq.) required the dedication and improvement of portions of "S" Street abutting said project. Further, that the City's Engineering Department originally required of the developer, LYONS AND CASHION BUILDERS, the condition of thirty (30) feet of dedication, including twenty (20) feet of paved street and ten (10) feet of parkway, for.said "S" Street as is normally required for such a project within the City. That, thereafter:, based upon discussion with said developer it was thought that additional street improvements could be made extending same to thirty-two (32') feet of paved street and ten (10') feet of parkway. The City Council further finds and declares that prior to the adoption of the Final Development Plan this increase in dedication and improvement was no longer required but that the original condition was to be effective, however, the finalized documents on Ordinance No. 75-50 failed to reflect the change and were a clerical oversight. That the original thirty (30) feet of dedication, consisting of twenty (20) feet of paved street and ten (10) feet of parkway was and is sufficient to comply with the City's usual standards for street widths of this type and location and therefore is -1- I 1 not considered to be a change within the terms of Costa Mesa 2 Municipal Code §130253.4(g). 3 The City Council of the City of Costa Mesa finally finds 4 and declares that this matter is being adopted by o.r.dinance,rather 5 than Resolution, to comply with said Ordinance No. 74-49 and 6 shall not require inclusion in the Costa Mesa Municipal Code 7 since it concerns one parcel of.land only and may be indexed 8 on the City Clerk's Miscellaneous Uncodified Ordinance list. 9 SECTION 2: Ordinance No. 75-50 is hereby amended to 10 clarify and set forth that certain condition concerning the 11 dedication of abutting portions of "S" Street to the planned 12 development located in the PDR -MD zone at Adams Avenue, Costa 13 Mesa, California as submitted and.approved under ZE-75-90 and 14 ZE 75-90A to read as follows: 15 "Submit improvement plans and fully improve the easterly 16 one-half of 'S' Street (consisting of 20 feet of paving 17 and 10 feet of parkway) to its ultimate width per City 18 of Costa Mesa standards and in accordance with agree - 19 ment dated December 15, 1970 between the City of Costa 20 Ilesa and the Segerstroms." 21 Except as amended herein all other terms, conditions, and 22 provisions of Ordinance No. 75-50 shall remain in full force 23 and effect. 24 SECTION 3: This ordinance shall take effect and be in 25 full force and effect thirty (30) days from and after its passage, 26 and before the expiration of fifteen (15) days after its passage, 27 shall be published once in the Orange Coast Daily Pilot, a news - 28 paper of general circulation printed and published in the City 29 of Costa Mesa,.together with the names of the members of the 30 City Council voting for and against the same. 31 32 -2- 1 2 3 A 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -28 29 30 31 32 PASSED AND ADOPTED this o7,44_ day of , 1976. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City Costa Mesa , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEE14 P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 76-6 was introduced and considered section by section at a regular meeting of said City Council held on the /9 day of1976 and thereafter passed and adopted as a hole a /a regular meeting of said City Council held on the day o 1976 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: `]t/ - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this day of , 1976. IT Ci y Clerk and ex -officio C rk Of the City Council of the ity of Costa Mesa -3-