HomeMy WebLinkAbout- - 378 Costa Mesa St Fee Waiver - 6/1/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 1, 2010 ITEM NUMBER:
SUBJECT: REQUEST FOR WAIVER OF BUILDING PERMIT FEES
378 COSTA MESA STREET
DATE: MAY 18, 2010
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MEL LEE, SENIOR PLANNER
KIMBERLY BRANDT, DIRECTOR
FOR FURTHER INFORMATION CONTACT: MEL LEE, SENIOR PLANNER 714-754-5611
mlee(a)_ci.costa-mesa.ca.us
RECOMMENDATION:
Consider a request to waive building plan check and permit fees for the partial demolition
of an illegally constructed detached structure, and subsequent reconstruction of the
remaining structure, located at 378 Costa Mesa Street. The fee waiver is being
requested by the Schones family, the owners of the property.
BACKGROUND:
On February 17, 2009, City Council upheld Planning Commission's denial of Planning
Application PA -08-30, a request to legalize a detached living unit and garage on an R1
(Single Family Residential) zoned property with the following variances:
1. Minimum site open space (40% required);
2. Side setbacks (5 feet required);
3. Rear setback (10 feet required); and
4. Rear yard lot coverage (25 percent maximum required).
As part of the motion for denial of the application, City Council directed the property
owner to do one of the following within one . year of the Council's decision date: (1)
modify the structure to comply with the Zoning Code; or (2) remove the structure.
The minutes of the February 17, 2009 City Council meeting can be found on the City's
website at the below link:
hftp://www.ci.costa-mesa.ca.us/council/minutes/2009-02-17.pdf
Because the property owner took no action within the past year to either legalize or
remove the detached structure, a meeting with the property owner and City Prosecutor
was held on April 26, 2010. As a result of the meeting, the property owner agreed to
modify the structure to comply with the applicable Zoning Code requirements. As a.
result, no further Zoning Code variance requests would be required.
ANALYSIS:
The property owner submitted a request to the City Council via email to waive the building
plan check and permit fees necessary to demolish and reconstruct the remaining
structure to bring the structure into compliance with the Zoning Code. Fee waiver
requests may be considered by the City Council on a case-by-case basis.
According to the Building Safety Division, the demolition plan check and permit fee is
estimated at $300.00 and the building plan check and permit fee for the remaining
structure is estimated at $500.00, for a total fee amount of $800.00. The actual fees could
be more or less than these estimated amounts.
ALTERNATIVES
City Council may consider the following alternatives:
1. Waive the building plan check and permit fees as requested by the property
owner.
2. Do not waive the building plan check and permit fees. This would require the
property owner to pay the full fee amount.
FISCAL REVIEW
The waiver of the building plan check and permit fees is a one-time waiver.
LEGAL REVIEW
No legal review is required.
CONCLUSION
The requested fee waiver is related to City's Council direction for the property owner to
bring the detached structure into compliance with the, applicable Zoning and Building
Codes. ,
MEL LEE, AICP
Senior Planner
Distribution: City Manager
Assistant City Manager
City Attorney
Public Services Director
City Clerk (2)
Staff (4)
File (2)
KIMBERLY BRAT, AICP
Development Se es Director
2
Dr. Richard Schones and Mrs. Wendy Schones
378 Costa Mesa Street
Costa Mesa, CA 92627
Mr. Gary F. Schones
2140 Jefferson
Riverside, CA 92504
Attachments: 1. Waiver Request
2. Photos of Existing Structure
File: 060110378CostaMesaStFeeWaiver I Date: 052010 1 Time: 8:45 a.m.
From: Rich & Wendy Schones _
Sent: Monday, May 17, 2010 9:55 AM
To: Wendy Schones
Subject: 378 Costa Mesa St.
Dear Council Member,
As you may know, we are at the point of where we are in violation for not tearing down
our granny unit. I have had several meetings with Mel Lee and the city prosecutor, and I
am in the process of getting the property corrected to city code.
I recall during the last council meeting regarding our property, a council member
mentioned to waive all future permit fees regarding demolition and rehabilitation. In
order to do this, it must be brought up to council and voted on.
I am respectfully requesting that the city council bring this matter forward and waive all
fees in conjunction with this project as soon as possible so that I may comply with Mr.
Peelman's instructions.
Thank you for your time,
Rich Schones
378 Costa Mesa St.
Costa Mesa, CA 92627
949-515-4896
The Schones Family
Rich, Wendy, Sarah, Hannah, Emma & Luke
Hebrews 11:1
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