Imperial planning commission recommends denial of front-yard setback variance at 642 Costa Azul Street

The City of Imperial Planning Commission voted 3-0 on Aug. 13 to recommend denial of Variance 25-02, a request by a resident to deviate from front-yard setback requirements for an accessory structure at 642 Costa Azul Street (APN 064271006).

Planning staff summarized the request and said the Development Review Committee had determined the project did not meet the variance findings tied to "special circumstances" such as size, shape, topography or surroundings and therefore staff could not recommend approval. Staff also noted the project is cited as categorically exempt from the California Environmental Quality Act under CEQA section 15303, Class 3 (new construction or conversion of small structures).

The applicant, identified in the record as Carlos Felix Aguchi Garcia, told commissioners the pergola is an open, fabric-roof structure he and his wife installed in the front yard to increase outdoor living space; he said the structure measures about 10 by 10 feet. He asked the commission to reduce the front-yard setback requirement from 20 feet to 7.5 feet for the structure and provided a signed support list he said represented about 80% of the block (16 of 20 houses).

In explaining the request, the applicant and his wife said the home's L-shaped lot and a small rear yard limit usable outdoor space and that the pergola is open, without walls, and intended to be low-impact and consistent with neighborhood character. Planning staff raised that the city zoning ordinance requires variances only when strict application deprives a property of privileges enjoyed by similarly zoned properties and cautioned that granting the variance could set a precedent and undermine established development standards.

Two neighbors spoke in favor of the pergola. Virginia Wong (644 Costa Azul) described the model-home layout and limited backyard space on that block. Michelle Villasenar, who identified herself as the applicant's wife and co-resident at 642 Costa Azul, said the front yard improvements had been a long-term effort to improve and maintain the property and to encourage neighbor interaction.

Commissioners asked questions about rear shading and whether the pergola could be moved closer to the house or placed to the north side. Commissioners also asked whether contractors on the project had required licenses; the applicant said landscapers had been hired for some work but did not recall licensing details. One commissioner noted some other properties in the city show varying setbacks historically but said he did not know the details behind those earlier approvals.

After discussion, a commissioner moved to adopt a resolution (listed in the record as PC 2025-11) denying the variance; a second commissioner seconded the motion and the vote carried 3-0. Planning staff said the decision could be final if not appealed and that the applicant may have the right to appeal or seek further review; staff also said any additional noticing or related costs would be checked against the applicant's deposit.

The commission's action is recorded as a recommendation for denial; staff said the applicant may pursue appeal procedures as allowed by city processes.