HomeMy WebLinkAbout01-33 - Denying Planning Application PA-01-09RESOLUTION NO. 01-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DENYING PLANNING
APPLICATION PA -01-09.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Lonnie Languis, authorized agent for
Jerry 0. Palanjian, with respect to real property located at 263 Costa Mesa Street,
requesting approval of variances from side setback requirements (5 -foot building
setback required, 1.5 feet proposed); rear setback requirements (10 -foot building
setback required, 1.5 feet proposed); and rear yard coverage requirements (630
square feet permitted, 851 square feet proposed), to replace an existing two -car
garage with a 966 -square -foot, four -car garage; and
WHEREAS, the Planning Commission held a duly noticed public hearing
on April 9, 2001, at which the Planning Commission denied Planning
Application PA -01-09; and
WHEREAS, PA -01-09 was appealed to the City Council, and a duly noticed
public hearing was held by the City Council on May 21, 2001, and on June 4, 2001;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record
and the findings contained in Exhibit "A", the City Council hereby denies Planning
Application PA -01-09 with respect to the property described above.
PASSED AND ADOPTED this 4th day of June, 2001.
ATTEST:
I
Deputy Cit Jerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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APPROVED AS TO FORM
CITY ATTORNEY .__.
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 01-33 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 4th day of June, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5" day of June, 2001.
Deputy City berk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
APPL. PA -01-09
A. The information presented does not substantially comply with Costa Mesa
Municipal Code section 13-29(g)(1) in that there are no special circumstances
applicable to the property where the strict application of development standards
would deprive such property of privileges enjoyed by others in the vicinity under
identical zoning classifications. Due to the large (8,700 square feet) size of the
lot, a variance for a garage would not be necessary if the property contained a
conforming single-family home.' The variance is requested due to the location of
an existing nonconforming building, not because of special or unique
characteristics of the property such as unusual lot size, lot shape, or
topography.: Granting the variance would be detrimental to the health, safety,
and general welfare of the public or other properties or improvements within
the immediate vicinity. Specifically, the property is zoned R1 and is improved
with a legal nonconforming duplex unit. Approving the variance would
expand and intensify the nonconforming status of the property and use. The
V-6" setbacks proposed would create inaccessible areas that would be
difficult to maintain.
B. The proposed project does not comply with Costa Mesa Municipal Code
Section 13-29(e) because:
1. The proposed development and use is not compatible or harmonious
with uses both on-site as well as with those on surrounding properties.
2. The cumulative effects of all past and present planning applications
have been considered for both the subject property and surrounding
properties.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City environmental
procedures, and has been found to be exempt from CEQA.
D. The project, as conditioned, is exempt from Chapter XII, Article 3,
Transportation: System Management, of Title 13 of the Costa Mesa Municipal
Code.