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HomeMy WebLinkAbout08-76 - Amendment to Planning Application PA-08-10RESOLUTION NO. 08-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING AN AMENDMENT TO PLANNING APPLICATION PA -08-10 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Maurice Lavoie with respect to the real property located at 947 W. 18th Street, requesting approval of an amendment to condition of approval number one to allow retention of the roof structure in conjunction with the legalization of the parking structure, in an MG zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on August 11, 2008 and August 25, 2008, and was denied by Planning Commission; and WHEREAS, the item was appealed by Ronald Talmo to the City Council on September 2, 2008; and m WHEREAS a duly noticed public hearing was held by the City Council on October 7, NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council of the City of Costa Mesa hereby DENIES an amendment to Planning Application PA -08-10 with respect to the property described above. PASSED AND ADOPTED this 7th day of October, 2008. Mayor of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: Juli olcik, tity Clerk 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 is the original of Resolution No. 08-76 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of October, 2008, by the following roll call vote, to wit: AYES NOES COUNCIL MEMBERS: BEVER, MANSOOR, DIXON. COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS FOLEY,LEECE NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 15th day of October, 2008. J IE FOLCI , CITY CLERK (SEAL) ' GYWIRIT "A" PIKMIKIrZq A. The proposed amendment does not comply with Costa Mesa Municipal Code Section 13-29(e) because: 1. The proposed development and use is not compatible and harmonious with uses on- or off-site. 2. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. 3. The planning application is for a project -specific case and does not establish a precedent for future development. B. The Costa Mesa Planning Commission has denied the amendment to PA -08-10. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.