HomeMy WebLinkAbout09-13 - Upholding Planning Commission's Denial of Planning Application PA-08-30RESOLUTION NO. 09-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF PLANNING
APPLICATION PA -08-30.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Richard and Wendy Schones, representing
Gary F. Schones, owner of real property located at 378 Costa Mesa Street, requesting
approval of variances from rear yard setback, rear yard coverage, and open space
requirements, and administrative adjustment for reduced side yard setbacks, to legalize a
detached two -car garage and granny unit; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
January 26, 2009, and PA -08-30 was denied; and
WHEREAS, on January 27, 2009, Planning Commission's decision was called up
for review to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
February 17, 2009.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A, the City Council hereby UPHOLDS THE PLANNING
COMMISSION'S DENIAL OF Planning Application PA -08-30 with respect to the property
described above, and hereby directs that the detached structure either be removed or
modified to comply with the requirements of the City's Zoning Code no later than, one year
from the effective date of this resolution.
PASSED AND ADOPTED this 17th day of February, 2009.
A //�/, �,.
Allan R. Mansoor, Mayor
ATTEST:
APPROVED AS TO FORM:
J� e Folcik, City Clerk imberly Hall Barlow, City ttorne
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. 09-13 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17th
day of February, 2009, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
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 18th day of February, 2009.
— C:�� lLi2
JULI OLCIK, CITY CLERK
(SEAL)
EXHIBIT "A"
FINDINGS - DENIAL
A. The proposed project does not comply with Costa Mesa Municipal Code Section
13-29(e) because:
1. The project is not compatible and harmonious with uses on surrounding
properties.
2. The project is not consistent with the General Plan.
3. The planning application is for a project -specific case and does not establish a
precedent for future development.
B. The information presented does not comply with Section 13-29(g)(1) of the Costa
Mesa Municipal Code because special circumstances are not applicable to the
property and the strict application of development standards does not deprive the
property of privileges enjoyed by others in the vicinity under identical zoning
classifications. Specifically, the site is rectangular and flat, and does not have
special circumstances such unusual lot size, lot shape, or topography to justify
granting of the variances from rear yard setback requirements, rear yard coverage
requirements, minimum open space requirements, as well as the administrative
adjustment from side yard setback requirements. Granting the deviations would
constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which the property is situated.
C. The Costa Mesa City Council has denied Planning Application PA -08-30. 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.
D. The project is exempt from Chapter IX, Article 11, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.