Harris

The City of Costa Mesa (the City) appeals a judgment setting aside its administrative decision to deny Jeffrey Harris a conditional use permit for an accessory apartment. The City contends the trial court ignored the substantial evidence supporting the city council’s discretionary decision and, in the alternative, should have remanded the matter to the council for a new hearing.

I

Harris owned a small 869-square-foot home on Flower Street in Costa Mesa, a residential area dating back to 1947 which is designated on the City’s general plan as low-density residential. In 1991, Harris contacted the City for permission to raze his detached garage, facing on an alley, and erect a two-story building—a three-car garage with carport below and an apartment above. The 1,199-square-foot living area was to contain one bedroom, a study, living room, dining room and two bathrooms. A balcony overlooked the alley.

The City’s zoning administrator approved the plan. However, a coalition of neighbors appealed his decision to the planning commission which conducted a public hearing. Despite a report from the senior planner, the commission denied the conditional use permit (CUP), finding…