75A - PH KARA GRANT APPEAL - Laserfiche WebLink

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Appeal No. 2019-03 October 15, 2019 Page 6 noise study dated July 2019 prepared by LSA, and Conceptual Water Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. The previous project included a general plan amendment and zone change to the subject property and surrounding properties, therefore it required a Mitigated Negative Declaration. As discussed previously, the general plan amendment and zone change became effective January 4, 2019. As such, the subject properties within the General Commercial General Plan land use designation and General Commercial (C2) zoning district and are eligible for the Section 15332, Class 32 categorical exemption. lll. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906). Summary of Appeal Reasoning: Granting the variance is an impermissible grant of special privileges to the car wash applicant to build a car wash based on the reasons provided within the applicant's variance application. Additionally, that the record does not establish the special circumstances related to the site. Staff Response: The required findings for amendment to Variance No. 2018-10 were made (Planning Commission Resolution No. 2019-36) and the variance addressed special circumstances related to the project site that are different than the surrounding properties such as required street dedications, site design and circulation considerations for the proposed use and the irregular shape of the lot due to the lot width which narrows from north to south due to the location being adjacent to an existing freeway. The appellant basis the reasoning for objecting the variance and its finding reflects information provided on the applicant's variance application within the project file, not the findings made in the resolution by the Planning Commission. The variance findings made by the Planning Commission are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 75A-6