HomeMy WebLinkAbout05-30 - Denying Planning Application PA-04-48RESOLUTION NO. 05-30
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA DENYING PLANNING
APPLICATION PA -0448
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by James Sutherland, authorized
agent for Percy Torres, with respect to the real property located at 191 East 23'"
Street, requesting approval of a conditional use permit to construct a 5,370 sq.ft.,
maximum 16 -bed residential care facility for the elderly, in the R2 -MD zone; and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on April 11, 2005, and PA -0448 was denied by Planning
Commission; and
WHEREAS, the item was appealed by the applicant to the City Council on
April 15, 2005; and
WHEREAS a duly noticed public hearing was held by the City Council on
May 3, 2005;
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 Planning Application PA -04-48 with respect to the
property described above.
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PASSED AND ADOPTED this 3d day of May 2005.
Mayor of the City of Costa Mesa
ATTEST:
C4.9-2 �&z
Depu Clerk odthe City of Costa Mesa
APPROVED AS
TO
FORM
City Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) as
CITY OF COSTA MESA )
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 No. 05-30 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 3rd day of May, 2005, by
the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon, Foley.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Costa Mesa this 4" day of May, 2005.
Depuy City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
FINDINGS
A. The information presented does not substantially comply with section 13-29(g)(2) of
the Costa Mesa Municipal Code in that a residential care facility for the elderly is not
compatible or harmonious with the surrounding areas, particularly with the single-
family homes, because it is an imposition in size and magnitude over those homes.
The concentration of group homes in Costa Mesa far exceeds that of any other city
in the area; further, this list does not include the number of facilities that the County
has in Costa Mesa for probationers, parolees, etc., therefore, with the over -
concentration of group homes, care facilities, and the magnitude of this home, it does
not fit in with the surrounding area. There is also inadequate parking, which may
inevitably cause undue impacts on the surrounding neighborhood.
B. The proposed development and use, a 16 -bed care facility, is not substantially
compatible with developments in the same general area and would be detrimental
to other properties within the area, in that there are already two group homes in
the next block, and Costa Mesa's experience has shown that too many residential
care facilities in a neighborhood encourage further concentration of similar
facilities in the immediate neighborhood, ultimately tending to undermine the
residential character of the neighborhood.
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 is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.