HomeMy WebLinkAbout18-04 - Denial, ZA-16-37 (777 W. 19th)RESOLUTION NO. 18-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DENYING MINOR CONDITIONAL USE PERMIT ZA-16-37 TO ALLOW
TWO SHIPPING CONTAINERS AT THE REAR OF THE PROPERTY OF THE 777
WEST 19TH STREET BUILDING AT 777 AND 779 WEST 19TH STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Jeremy Krout, representing Ray DeAngelo,
the property owner, with respect to the real property located at 777 and 779 West 19"'
Street;
WHEREAS, the original project involved a minor conditional use permit to legalize
four shipping containers at the rear of the property and to allow a 10 -foot rear setback
and 5 -foot side setback;
WHEREAS, the Zoning Administrator approved the project subject to conditions of
approval on September 7, 2017, with all persons having the opportunity to support or
oppose the proposal;
WHEREAS, a review of the Zoning Administrator decision of the project was filed
on September 7, 2017;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on October 23, 2017, with all persons having the opportunity to speak for and against the
proposal at which time the Planning Commission, on a 3 — 2 vote, upheld the Zoning
Administrator's decision but with modifications to permit only two shipping containers at
the rear of the 777 West 19th Street property with a minimum 16 -foot rear setback;
WHEREAS, a review of the Planning Commission's approval for the project was
filed on October 27, 2017;
WHEREAS, a duly noticed public hearing was held by the City Council on January
2, 2018, with all persons having the opportunity to speak for and against the proposal
Resolution No. 18-04 Page 1 of 4
with, ultimately, City Council continuing the item to the next Council hearing date of
January 16, 2018, on a 5-0 vote;
WHEREAS, a duly noticed public hearing was held by the City Council on January
16, 2018, with all persons having the opportunity to speak for and against the proposal;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, the City Council hereby DENIES Minor Conditional Use Permit
ZA-16-37 with respect to the use described above.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause,
phrase or portion of this resolution, or the documents in the record in support of this
resolution, are for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
provisions.
PASSED AND ADOPTED this 16th day of January, 2018.
Sandra L. Genis, Mayor
ATTEST:
APPROVED -AS TO FORM:
txonhK *&A- / %011/
Brenda Green, City Clerk Thom s P. D rte, City Attorney
Resolution No. 18-04 Page 2 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 18-04 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 16th day of January, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 17th day of January, 2018.
Brenda Green, City Clerk
Resolution No. 18-04 Page 3 of 4
EXHIBIT A
FINDINGS (DENIAL)
A. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(8)(2) in that:
Finding: The proposed project is not compatible with developments in the same
general area and would be materially detrimental to other properties within the
area.
Finding: Granting approval of the project will be materially detrimental to the
health, safety, and general welfare of the public or otherwise injurious to property
or improvements within the immediate neighborhood.
Finding: Granting approval of the project will allow a use, density, or intensity
which is not in accordance with the General plan designation.
B. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures.
Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines
Section 15270(a), CEQA does not apply to this project because it has been rejected
and will not be carried out.
C. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
Resolution No. 18-04 Page 4 of 4