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HomeMy WebLinkAbout05-69 - Denying Minor Conditional Use Permit ZA-05-25RESOLUTION NO. 05-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING MINOR CONDITIONAL USE PERMIT ZA-05-25. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Robert Lawrence, representing Todd Shiffman, owner of the real property located at 345 Fischer Avenue, requesting approval of a minor conditional use permit to legalize the installation of four storage containers covering 7 parking spaces along the south (rear) property line of Rock Harbor Church; and WHEREAS, the Zoning Administrator denied Minor Conditional Use Permit ZA- 05-25 on July 7, 2005; and WHEREAS, on July 13, 2005, Minor Conditional Use Permit ZA-05-25 was appealed to the Planning Commission; and and WHEREAS, on August 22, 2005, Planning Commission approved ZA-05-25; and WHEREAS, on August 29, 2005, ZA-05-25 was appealed to City Council; WHEREAS, a duly noticed public hearing was held by the City Council on September 20, 2005. 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 ZA-05-25 with respect to the property described above. PASSED AND ADOPTED this 2& day of September, 2005. ATTEST: Dep City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa APPROVED AS TO FORM Cify Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE) ss 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. 05-59 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20M day of September, 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 21" day of September, 2005. Deptity City GIrk and ex -officio Clerk of the City Council of the City of Costa Mesa yh`IIII rRn: A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed use is not compatible with developments in the same general area. Specifically, due to the insufficient number of on-site parking spaces for the existing church (254 spaces are required; 73 spaces are provided with the containers), the request cannot be supported. Additionally, the containers are readily visible from Airway Avenue and are not consistent or compatible with improvements to the subject or surrounding properties. B. The proposed use does not comply with Costa Mesa Municipal Code Section 13-29(e) because: • The proposed use does not comply with the performance standards as they pertain to parking as prescribed in the Zoning Code. 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.