HomeMy WebLinkAbout05-18 - Rezone Petition R-05-03 for 380 W Wilson StreetORDINANCE 05-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA REZONING A PARCEL OF LAND
FROM R3 (MULTIPLE FAMILY RESIDENTIAL) TO C1 -S
(SHOPPING CENTER DISTRICT) BY ADOPTION OF
REZONE PETITION R-06-03 FOR 380 WEST WILSON
STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: The City of Costa Mesa Official Zoning Map is hereby amended as
follows:
There is hereby placed and included in the C1 -S zone all of the real property
shown on attached Exhibit "1" and described in attached Exhibit "2", as a portion of 380
West Wilson Street, situated in the City of Costa Mesa, County of Orange, State of
California.
SECTION 2: 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 Section 1 hereof and shown on attached Exhibit "3".
A copy of the Official Zoning Map is on file in the office of the Planning Division.
SECTION 3. The proposed rezone was addressed in an Initial Study/Negative
Declaration and a Mitigation Monitoring Program, which was processed in accordance
with the requirements of the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City environmental procedures, which reflect the independent
judgment of the City of Costa Mesa, and was available for public review from October
24, 2005, to November 14, 2005, as required by CEQA.
SECTION 4: 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such inconsistencies and no further, is hereby repealed or modified to that extent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 5: 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 6: 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 and member of the City Council voting for and
against the same.
PASSED AND ADOPTED this 3rd day of Janu ry, 2006.
Mayor of the City of Costa Mesa
ATTEST: APPROVED AS TO FORM:
Depu ity lerk of the City of City Attorney
Costa esa
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
I, Julie Folcik, Deputy 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. 05-18 was
introduced and considered section by section at a regular meeting of said City Council
held on the 6th day of December, 2005, and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 3rd day of January, 2006, by the
following roll call vote:
AYES: Mansoor, Bever, Dixon, Monahan.
NOES: None.
ABSENT: Foley.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4" day of January, 2006.
Deput ity Clerk And ex -officio
Clerk of the City Council of the
City of Costa Mesa
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EXHIBIT "2"
ZONING DISTRICT
ADDRESS
C1 -S (Shopping Center District)
380 West Wilson Street, situated in the
City of Costa Mesa, County of Orange,
State of California, further described per
attached Exhibit "2A"
EXHIBIT "2A"
Legal Description
for 380 Wilson
PARCEL A
Lot 2 of Tract No. 10864, in the City of Costa Mesa, as shown on a map recorded in book
471, page(s) 47 and 48, of Miscellaneous Maps, in the office of the County Recorder of
said County.
EXCEPTING therefrom an undivided one-half interest in all oil, gas, hydrocarbon and
other mineral substances in, on and under said land, as reserved in the deed from Maude
Holsinger to Akel Judy Smith, recorded February 5, 1946 in book 1385, page 445,
Official Records, in the office of the County Recorder of said County.
PARCEL B:
A Non-exclusive access easement for access, ingress and egress as set forth and defined
in that certain Declaration as to access easement recorded March 3, 1998 as Instrument
Na 98-0120245, Official Records.
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