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HomeMy WebLinkAbout06-62 - Reversing Planning Commission's Approval of Development Review DR-06-01RESOLUTION NO. 06-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVERSING PLANNING COMMISSION'S APPROVAL OF DEVELOPMENT REVIEW DR -06-01. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by James and Susan Bollinger, authorized agent for Oi Wah Joe, Herbert Yee, and Susan Bollinger, owners of the real property located at 2333 Elden Avenue, requesting development review approval to legalize the installation of a mobile home on a lot with an existing home and a minor modification for a 10 -foot wide common driveway; and WHEREAS, on March 31, 2006, Planning staff denied Development Review DR -06-01; and WHEREAS, on April 7, 2006, staffs denial was called up by Vice Chair Donn Hall for review by the Planning Commission; and WHEREAS, the Planning Commission conducted a review of the project on May 8, 2006, and continued the item to the meeting of June 26, 2006; and WHEREAS, Planning Commission held a hearing of the project on June 26, 2006, and approved the revised project; and WHEREAS, Council Member Gary Monahan called up the project for City Council review on July 3, 2006; and WHEREAS, a hearing was held by the City Council on August 1, 2006. 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 Development Review DR -06-01 with respect to the property described above. PASSED, APPROVED, AND ADOPTED this 1" day of August, 2006. ATTEST: Juli olcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 1, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing is the original of Resolution No. 06-62 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1" day of August, 2006, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MONAHAN, MANSOOR, BEVER, DIXON NOES: COUNCIL MEMBERS: FOLEY ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of August, 2006. JU FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" FINDINGS A. The proposed mobile home does not comply with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship does not exist between the proposed building and the site development, and the buildings and site developments that have been recently approved for the general neighborhood. Based upon the evidence in the record and public testimony presented at the hearing, the building's architectural design is incompatible with the surrounding residential properties and may adversely affect property values and neighborhood quality. The applicant proposed to install a mobile home that was manufactured in 1970. Planning staff denied the application because of the mobile home's age and appearance. California Government Code Section 65852.3 allows the City to deny installation of the mobile home if more than 10 years have elapsed between the date of the manufacture of the mobile home and the date of the application for the issuance of a permit to install the mobile home. Although the Planning Commission approved the project because the applicant proposed to disguise the mobile home to appear as a typical single-family residence, remnants of the mobile home would still be apparent. Specifically, the building's relatively low pitched -roof, minimal roof eaves, and minimal vertical and horizontal articulation would be dramatically different than, and inconsistent with, the prevailing character of existing developments in the immediate vicinity. Furthermore, the illegal placement of the mobile home on the site prior to any City approvals demonstrates the applicant's disregard of City regulations. 2. The proposed mobile home is not consistent with Objective CD -7 of the General Plan Community Design Element. Specifically, the structure's architectural style and construction material does not exhibit excellence in architectural design. The appearance of a mobile home is not compatible with the existing developments in the immediate vicinity. B. The information presented complies with Costa Mesa Municipal Code Section 13-29(g)(6) in that the minor modification for a 10 -foot wide common driveway will not be detrimental to the health, safety, and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. Specifically, adequate vehicle turn -around area is provided behind the proposed residence. Furthermore, landscaping will be provided along both sides of the driveway and the reduced driveway width would allow more landscape area in the front yard, further softening the appearance of the street frontage. 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 Section 15303, New Construction of Small Structures, of CEQA. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.