HomeMy WebLinkAbout07-03 - Rezoning area of (Local Business District) to Planned Develpment Residential High DensityORDINANCE NO. 07-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REZONING A 0.91 ACRE
PROPERTY FROM C1 (LOCAL BUSINESS DISTRICT) TO
PLANNED DEVELOPMENT RESIDENTIAL HIGH DENSITY
(PDR -HD) AND INCLUDING A VARIANCE FROM THE
MINIMUM LOT SIZE REQUIREMENT FOR PROPERTY
LOCATED AT 246012472 NEWPORT BOULEVARD.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, the proposed Rezone R-06-04 is consistent with the General Plan,
Zoning Code, and Newport Boulevard Specific Plan adopted in 1996. The rezone of
the property from C1 to PDR -HD will meet the central objectives of the Newport
Boulevard Specific Plan to allow a complementary mix of residential and commercial
zoning along Newport Boulevard, unlike any other land use designation in the General
Plan. Furthermore, the PDR -HD zoning is within the density limits of 17.4 units per acre
allowed in the Newport Boulevard Specific Plan. The rezone to PDR -HD would result in
a significant reduction in traffic compared to the maximum allowable commercial
development in the current Ct designation;
WHEREAS, Rezone R-06-04 included an analysis of the interface and
compatibility between residential and adjacent nonresidential uses which resulted in
requirements for an 8 -foot perimeter block wall and relocation of private open spaces
areas in the central areas of the property.
WHEREAS, Rezone R-06-04 also included a variance from the minimum one -
acre lot size required in the PDR -HD zone (one -acre required, 0.91 -acre proposed).
The combination of 2460 and 2472 Newport Boulevard properties results in a flag -
shaped lot that would eliminate the need for an access easement and provide an
opportunity for residential development on an odd -shaped property. The unusual shape
of the newly -created flag lot exhibits unique physical conditions required for variance
approval. Development potential on the flag lot will be limited, and would exclude
ownership residential development as encouraged by the Newport Boulevard Specific
Plan, unless special considerations are made due to the unusual shape and size of the
lot.
SECTION 1. REZONE PETITION. The City of Costa Mesa Official Zoning Map
is hereby amended as follows:
a. There are hereby placed and included in the Planned Development
Residential -High Density (PDR -HD) zoning district 0.91 acre, identified as Assessor
Parcel Numbers 439-281-13 and 439-261-16, and as described 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. 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 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 61h day of March, 2007.
ATTEST:
Attie Folcik, City Clerk
Min R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly All 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 foregoing is the original of Ordinance No. 07-3 and was duly introduced for first
reading at a regular meeting of the City Council held on the 20" day of February, 2007,
and that thereafter, said Ordinance was duly passed and adopted at a regular meeting
of the City Council held on the 6" day of March, 2007, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, 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 7t" day of March, 2007.
JULIE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No.07-3 duly passed and
adopted by the Costa Mesa City Council at the regular meeting held March 6, 2007,
and that Summaries of the Ordinance were published in the Newport Beach -Costa
Mesa Daily Pilot on February 26 and March 14, 2007.
JULIE FOLCIK, CITY CLERK
(SEAL)