Loading...
HomeMy WebLinkAbout05-29 - Denying Conditional Use Permit PA-04-49RESOLUTION NO. 05-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING CONDITIONAL USE PERMIT PA - 0449 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Norman Dias, authorized agent for Michael D. Faulkner, with respect to the real property located at 814 W. 19� Street, requesting approval of a conditional use permit to establish a contractors business; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 14, 2005; and continued to the meeting of April 11, 2005; and WHEREAS, on April 15, 2005, PA -04-49 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on May 3, 2005. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby DENIES PA -04-49 with respect to the property described above. PASSED AND ADOPTED this 3rd day of May, 2005. A W. Mayor of the City of Costa Mesa ATTEST: APPROVED �AIS'T,O FORM: Deputy City Clerk of the City of Costa City Attomey Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) J, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City of Costa Mesa, hereby certifies that the above and foregoing Resolution No. 05-29, was duly and regularluassed and adopted by the said City Council at a regular meeting thereof held on the 3 day of May, 2005, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON NOES: COUNCIL MEMBERS: FOLEY, MONAHAN ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4th day of May, 2005. :! •Crry CLERK (SEAL) EXHIBIT "A" FINDINGS A. The proposed use 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 on surrounding properties. 2. The project is not consistent with the General Plan. B. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed use is not compatible or harmonious 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, the proposed contractors business is industrial, rather than commercial, in nature due to over %: of the building area being devoted for the storage of construction materials, employee equipment and tools, and the use of a 6 -foot wide shop door for the storage area. Although no outdoor storage of materials is proposed, the storage of materials inside the building would make the building difficult to accommodate general office or retail uses, which are permitted in the C1 zone, as well as accommodate future uses and development proposed under the Mixed Use, Commercial -Residential Hybrid Overlay Zone approved by City Council as part of the Westside Revitalization Plan. 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.