HomeMy WebLinkAbout03-13 - Denying Planning Application PA-02-44RESOLUTION NO. 03-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DENYING PLANNING
APPLICATION PA -02-44.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, an application was filed by Ed Elowe, authorized agent for Jennifer
Simonian, owner of real property located at 1676 Tustin Avenue, requesting approval of
a conditional use permit to construct a 2 -story, 6,400 square foot mini -storage building
with a manager's unit, with variances from building setback from residentially -zoned
property (50 feet required; 30 feet proposed) and required parking (4 spaces required; 3
spaces proposed); and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on January 27, 2003, and PA -02-44 was denied; and
WHEREAS, PA -02-44 was appealed to City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
February 18, 2003.
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 PA -
02 -44 with respect to the property described above.
PASSED AND ADOPTED this 3rd day of March, 2003.
ATTEST:
Deputy C Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
ayor of the City of Costa Mesa
PPROVED AS TO FORM
/Pi City Attorney
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 Resolution
VO. 03-13 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on the 3rd day of March, 2003, by the following roll call
vote:
AYES: Robinson, Steel, Monahan, Mansoor
NOES: Cowan
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 4th day of March, 2003.
Deputy City Clerk and ex -officio Clerk of
the y Council of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
APPL. PA -02-44
A. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(g)(2) in that the proposed mini -warehouse use is not compatible
with developments in the same general area. Granting the conditional use
permit will be detrimental to the health, safety and general welfare of the public
or other properties or improvements within the immediate vicinity. Specifically,
there is a glut of mini storage projects within the City, the use is inappropriate
for the area and not compatible with the surrounding neighborhood, vehicle
back out and turnaround areas are deficient, and the two-story structure
would intrude on the privacy of the adjacent single family residences.
Granting the conditional use permit will allow a use, density or intensity that is
not in accordance with the general plan designation for the property.
B. The proposed use does not comply with Costa Mesa Municipal Code Section
13-29(e) because:
® The use is not compatible or harmonious with uses that exist in the general
neighborhood.
• The proposed use is not consistent with the General Plan.
9 The planning application is for a project -specific case and does not
establish a precedent for future development.
The cumulative effects of all planning applications have been considered.
C. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(g)(1) in that there are no special circumstances applicable to the
property, such as unusual lot size, lot shape, topography, or similar features,
where strict application of the zoning ordinance would deprive the property
owner of privileges enjoyed by owners of other properties in the vicinity under
the C1 zoning classification. Specifically, the subject property can
accommodate a one-story retail or office building with adequate parking and
without the need for a variance. The variance request constitutes a grant of
special privileges inconsistent with other properties in the vicinity and zone in
which the property is situated.
D. 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.
E. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.