HomeMy WebLinkAbout31 - PH-2 - Attachment 7 - 3/17/2015ATTACHMENT 7
CORRESPONDENCE FROM PUBLIC
-Iq$-
Shorepoint Insurance Services
1120 Bristol Street, Costa Mesa, California 92626 • CA Lic 0247753
(800) 350-5647 (714) 430-0035 • FAX (714) 430-0036
www. shorepointinsurance. com
Asti r SAye
nrrusH�n
February 9, 2015
Claire Flynn
Asst. Developmental Services Director
City of Costa Mesa
77 Fair Dr.
Costa Mesa CA 92628
Re: Ganahl Lumber proposed relocation to 1100 Bristol St.
Planning AppiicaJon No. PA -14-40
Dear Ms. Flynn:
As the owner of both the building and business located at 1120 Bristol St., I object to the
Ganahl Lumber store relocation based on the following:
The addition of this busy retail/contractor business will add to the already terrible
congestion on Bristol St. during the commute hours. It is nearly impossible to turn out of
our driveway Northbound on Bristol.
The noise of the large construction vehicles and equipment used to move lumber, will be
disruptive to our business.
The appearance/view of the facility with elevated parking and a 32' sign detracts from
the quiet office park we purchased in 2004 and occupy.
We hope that you will consider the impact this busy retail location will have on the
neighbors and not grant this relocation.
Very tr ly yours,
Ray Ma6ley, President
Owner of Shorepoint Insurance Services
Owner of 1120 Bristol, Costa Mesa
W -z
1072 Bristol Partners, LP
1072 Bristol Street, Suite 100
Costa Mesa, CA 92626
February 19, 2015
VIA E-MAIL & FACSIMILE
Claire Flynn, Asst. Development Services Director
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Re: Comment to Initial Study/Mitigated Negative Declaration for the
proposed Ganahl Lumber Project
Dear Ms. Flynn:
I am an owner representative of the ownership of 1072 Bristol Street. Our
property is across Bristol from the proposed Mega Ganahl Lumber project.
We are not being provided with adequate information about this giant project right
across the street. What is referred to as "The Initial Study/Mitigated Negative
Declaration" does not come close to addressing the many impacts of the Mega Ganahl, A
great deal of it is false. What remains is inadequate. The "conclusions" asserted are not
made in good faith.
The "analysis" regarding land use is based on many wrong assumptions. A
fundamental wrong assumption is that the Mega Ganahl is permitted under the City's
zoning. It does not come close.
The traffic "analysis" is also totally inadequate and seems to be purposefully so. It
fails to address the traffic impacts on the south side of Bristol.
14604561
The aesthetics "analysis" is also not adequate.
5S,
rely,
Joseph E. Miller
-200—
ANGELO J. PALMIERI (19261990)
ROBERT F. WALDRON (1927-1990)
MICHAEL J GREENE'
DENNIS W. GRAN'
DAVID D PARR'
CHARLES H KANTER'
PATRICK A HENNESSEY
DON FISHER
GREGORY N WEILER
WARREN A. WILLIAMS
JOHN R LISTER
W ICHAQ, H LEIFER
SCOTT R CARPENTER
RICHARD A BALLS
NORMAN J ROOICH
RONALD M COLE
MICHAEL L D'ANGELO
STEPHEN A SCHECK
DONNA L SNOW
PA L%A I F Ri.
TYLER. WILNER. WI LH ELM &WALDRON
RYAN M EASTER
ELISE M KERN
MELISA R. PEREZ
MICHAEL L KEHOE
CHADWICK C BUNCH
ANISH J. BANKER
RYAN M PRAGER
ERIN BALSARA NADERI
ERICA M. SOROSKY
JERAD BELTZ
CANDICEL LEE
MICHAEL P BURNS
JOSHUA MARX
ERIN K. OYAMA
STEVEN R. GUESS
KATHERINE M HARRISON
BRIAN GLICKLIN
ALAN H WIENER', OF COUNSEL
ROBERT C IHRKE, OF COUNSEL
MICHAEL C CHO, OF COUNSEL
JAMES E WILHELM RETIRED
DENNIS G TYLER', RETIRED
'A PROFE3910NAL CURPORATION
VIA E-MAIL
Planning Commissioners
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
2603 MAIN STREET
EAST TOWER —SUITE 1 300
IRVINE, CALIFORNIA 92614-4261
(949) 851-9400
WWW.PtWWW.Com
February 23, 2015
Re: Objection to the Proposed Ganahl Lumber Project
Dear Honorable Members of the Costa Mesa Planning Commission:
TH-2-
P O BOX 19712
IRV;NE, CA 926239712
WRITER'S DIRECT
DIAL NUMBER
(949)851 7294
WRITER'S DIRECT
FACSIMILE NUMBER
(949)825-5412
FIRM'S DIRECT
FACSIMILE NUMBERS
(949)851.1554
(949)757.1225
mleifer(2ptwww,com
REFER TO FILE NO
36650.003
This office represents the ownership of the 1072 Bristol Street property --1072
Bristol Street Partners, LP (1072 Bristol).
1072 Bristol objects to the proposed very large Ganahl Lumber Project directly
across Bristol. We request that this letter be included in the administrative record for this
project.
The public has not been provided correct or adequate information about this mega -
lumber yard project. In reviewing the Staff Report, the Staff Report omits material and
fundamental information. Further, it lacks analysis and support. In many areas, the
words that are strung together are bureaucratese. The mega Ganahl simply does not
comply with the City's Zoning Code.
This Planning Commission is required to apply the Zoning Code even if it receives
an inadequate Staff report. The number of years a company has been in business is no
1461587.3
-2-01-
PALMIERI, TYLER. WIENER, WILHELM &WALDRON
Planning Commissioners
February 23, 2015
Page 2
justification for non-compliance with a request to build a mega project (as the Staff
Report ridiculously seems to suggest).
Here, this applicant is seeking to be excused from compliance with nearly all of
the requirements of the Zoning Code. The use is not permitted in the zone. The buildings
proposed are far too big. There is woefully insufficient parking and the buildings are too
close to the street.
Staff seems to focus the Ganahl business as a justification for wholesale
noncompliance with the City's code. There is no "likeability" exception. The City cannot
award a privilege or series of privileges to the applicant.
This applicant is requesting that the Planning Commission approve a project that
requires the City to essentially disregard the Zoning Code, while there is a pretense of
compliance.
Based upon the actual requirements of the City's Zoning Code, this is not a close
call. The proposed Ganahl mega lumber yard project should be denied.
The lumber vard project does not comply with the City's C1 Zoning.
Without any analysis, the Initial Study/Mitigated Negative Declaration for this
project and the Staff Report claim that the proposed lumber yard complies with the City's
C 1 zoning. It does not even come close.
This is a lumber yard. Ganahl Lumber is a lumber company. It is a lumber and
building materials dealer. A significant component of the project is a request for a
sawmill. A retail use under the zoning code does not include or allow lumber yards or
sawmills.
The Initial Study/Mitigated Negative Declaration spins the project as a "hybrid"
use. There is no "hybrid" use in the Municipal Code.
At best, the Ganahl lumber yard mega project is a lumber yard with an ancillary
retail use --not the other way around. This is evident by the proposed site configuration
and design and the building layout.
It is evident by the proposed location and distribution of parking. Retail uses do
not provide a significant number of parking spaces behind guard gates or on a roof of a
1461587.3
- 20Z-
PALM IERI.TYLER, WIENER, WILHELM &WALDRON�
Planning Commissioners
February 23, 2015
Page 3
building. There are less than 50 surface parking spaces that are not behind guard gates
for a 65,263 square -foot "retail" building. That is a parking ratio of .75 spaces for every
1,000 square -feet of the "retail" building --a far cry from the City's 4 spaces for every
1,000 square -feet of retail requirement (this ratio is even more egregious when
considering the rest of the proposed buildings in the calculation).
Further, the Staff Report admits that the City's Municipal Code does not provide a
parking requirement for lumber yards. (Staff Report, p. 13.) This proves that this is not
retail --this is a lumber yard. A lumber yard is not permitted.
2. The Staff Re art does not inform the Plan nin Commission of the proposed
modifications to be made to Bristol that will impact access to the properties
on the south side of Bristol.
One of the aspects of Ganahl's mega lumber yard project that is completely absent
from the Staff Report (and the conditions of approval) are the proposed changes to be
made to Bristol.
The Initial Study/Mitigated Negative Declaration provides some information
regarding the modifications. Even then, the information provided lacks detail and
analysis.
From the little information provided, the Ganahl lumber yard project will make
significant modifications to Bristol in order to accommodate the two new entrances to the
Ganahl property.
Instead of taking access from the existing curb -cut at the middle of the property,
Ganahl is proposing two new access points on Bristol. To provide access to those two
new proposed access points, there will be modifications made to Bristol (changes to the
Newport Blvd./Bristol intersection and a dedicated left -turn in to the new driveway at the
east end of the property from Bristol).
Those modifications will negatively impact access to the properties on the south
side of Bristol including the 1072 Bristol property for vehicles travelling west on Bristol.
Yet, no information was provided in the Staff Report of these modifications and neither
14615873
-203-
PALM IERI. TYLER. WIENER, WILHELM &WALDRON�
Planning Commissioners
February 23, 2015
Page 4
the Staff Report or the Initial Study/Mitigated Negative Declaration analyze or discuss
the impacts to the properties opposite the proposed Ganahl lumber yard site.
3. The Proposed building setback variance does not comply with the Zonin
Code requirements for a variance.
This project requests a very large variance from the building setback requirements
in the Zoning Code. The variance is not justified. There are no special circumstances to
justify this significant of a variance. Approving a variance here would provide a
privilege to Ganahl. The proposed variance is inconsistent with other properties in the
area. As such, the Planning Commission cannot make the required findings.
The Staff Report attempts to justify the variance from the setback requirements by
comparing the proposed project to the 1072 Bristol property and the property located at
1182 Bristol Street claiming that both of these properties have less than the 20 foot
landscape requirement. (Staff Report, p. 10.)
The comparison fails for a number of reasons. One of the more significant reasons
is the amount of building that is being proposed in the setback area. The comparison
properties (1072 and 1182) each have less than 50 lineal feet of building in the required
setback area. The Ganahl project plans to put nearly 450 lineal feet of building (without
any break), a building that is already oversized (proposed with an objectionable height
variance), in the required setback area. Allowing a height variance and a setback
variance for a building with a use not allowed by the C-1 zoning, spanning nearly four -
and -a -half football fields of frontage on Bristol is not comparable to the 1072 and 1182
Bristol properties.
4. The proposed height variance does not comply with the_Z_o_ninz Code
requirements for a variance.
The requested variance from the height standards is not justified. There are no
special circumstances requiring the variance. Rather, the "special circumstance" cited by
the Staff Report is the use that is not permitted by the Zoning Code.
1461587.3
PALM IERI, TYLER, WIENER, WILHELM &WALDRON!;
Planning Commissioners
February 23, 2015
Page 5
Further, the condition of approval that provides that the B -shed, that requires a
height variance, can later install "rooftop solar canopies" that will increase the height of
the B -Shed even further, through a simple approval from the Development Services
Director is also not supported.
Approval of the signage that doubles the height allowed by„the Zoning Code
provides a privilege to Ganahl.
There is no justification for the Planned Sign Program that proposes to approve a
24 -foot high freestanding sign --a 100 percent increase from what is allowably by the City
Code. The Staff Report's claim that the approval "will not constitute a grant of special
privilege or allow substantially greater overall visibility” is without support.
6. The Staff' Re ort does not explain what the CUP is required for. There is no.
evidence to support the approval of the proposed CUP.
Generally, a Staff Report will clearly state what use requires a CUP. Here, the
Staff Report makes no such statement. The use proposed for the CUP is not permitted in
the C 1 zone. There is no analysis of the "CUP" sought. There are no real conditions of
approval being applied to the use proposed.
7. The parking analysis does not make sense.
As discussed above, the parking discussion demonstrates that the proposed use is a
lumber yard --not retail. If this was a retail use, the parking requirements would be much
greater -4 parking spaces for every 1,000 square -feet of building.
Further, the discussion of the number of parking spaces provided on-site is
misleading. While the project proposes 286 parking spaces, there is no discussion of the
location of those spaces. For example, it appears that nearly 60 spaces are behind gates,
108 of the spaces are on the roof of the building. As a condition of approval, the
employees are to exclusively use the roof parking. (Staff Report, p. 13.) Elsewhere the
Staff Report discusses that the "proposed facility would employ approximately 120
1461567.3
-2r
PALMIER!. TYLER, WIENER, WILHELM &WALDRON �
Planning Commissioners
February 23, 2015
Page 6
employees at full capacity..." (Staff Report, p. 7.) This means that all of the roof
parking would be taken by employees with some spilling over to the surface parking
spaces. As discussed above, that means that there are really less than 50 parking spaces
available for customers for the 99,516 square -feet of building in this project.
8. The Ganahl Project does not comply with the FAR requirements of the
Zoning Code.
The proposed project does not comply with the FAR requirements. In an attempt
to claim the project complies, the Staff Report includes a footnote explaining that the
FAR calculation does not include the 6,672 square -foot "Pole Shed" because the "Pole
Shed" is not an enclosed buildings. The Zoning Code does not provide such an exception
to the FAR calculation.
9. The Initial Study/Mitigated Negative Declaration does not consider the real
impacts of the proiect.
The Initial Study/Mitigated Negative Declaration is deficient. Its analysis is
premised on the application of an incorrect zoning assumption --that the proposed project
complies with the C-1 zoning. It does not consider the impacts to access to properties on
the south side of Bristol caused by the project's proposed modifications to Bristol. It does
not consider the light and glare impacts caused by the numerous reflective surfaces being
added.
10. Conclusion.
To approve this proposed project would relieve Ganahl lumber of virtually all of
the requirements of the Zoning Code that are applied, on a regular basis, to other property
owners and users. The Ganahl lumber yard project cannot exist here. It is too big. It is
too close to the street. There is no evidence to support the deviation from the Zoning
Code.
1461587.3
-20(o-
PALMIERI, TYLER. WIENER, WILHELM &WALDRON �
Planning Commissioners
February 23, 2015
Page 7
1072 Bristol Partners requests that the Planning Commission not adopt the Initial
Study/Mitigated Negative Declaration and deny the Ganahl Lumber application.
Very tryly, yours,
y %Mi
MHL:ebn
CC' Brenda Green, City Clerk
Mel Lee, Senior Planner
1461587.3
—2o9--
County of Orange
California
James Campbell
Land Development Manager
County Executive Office
333 W. Santa Ana Blvd.
Suite 144
Santa Ana, California
92701-4062
Tel: (714) 227-1011
Web: www.ocgov.com
March 6, 2015
Mr. Gary Armstrong
Economic and Development Services Director
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Subject: County's Selection of Ganahl for Lease and Development of 1100 Bristol
Dear Mr. Armstrong:
We wanted to provide to the City a history of the County's selection process and how we
selected Ganahl Lumber Company ("Ganahl") as the primary for the lease and
development of 1100 Bristol Street. You will notice that the selection process took time,
was thorough, and our selection of Ganahl was based on a number of factors that we feel
made their proposal the most suitable for the community and existing surrounding uses.
On April 15, 2013, OC Public Works/Real Estate Services, on behalf of the District,
released a Request for Proposals ("RFP") to lease and develop the Property. The RFP was
presented as a two-step process with step one (1) being a review and scoring of all
proposals by an evaluation panel to establish a set of finalists, and step two (2) being a
detailed analysis of those selected projects.
On September 17, 2013, the County Board of Supervisors ("Board") selected the finalists
to be further evaluated for the leasing and development of the Property. The finalists
were asked to provide supplemental information related to project development,
financial data, and projected revenue. Those evaluations allowed staff to review and
compare the proposed projects to determine the one most compatible with the Orange
County Flood Control District's ("District") flood control operations while also maximizing
lease revenue and minimize risk for the District.
On October 23, 2013, four supplemental proposals were submitted to the Clerk of the
Board as requested in step two of the RFP process. During step two of the selection
process, a six member evaluation panel reviewed and rated the supplemental proposals
based on their responsiveness to the following criteria: Development Plan, Financial
Viability and Background Data, Projected Revenue and Modifications to the Option
Agreement and Lease. Interviews with all four (4) finalists were held on November 13,
2013. The evaluation panel scored Ganahl and Lyon significantly ahead of the two (2)
hotel developers based on the scored criteria.
On December 17, 2013, the Board selected Ganahl as the primary and Lyon -NCA Bristol
Venture, LLC as the alternate for the lease and development of the Property. The
evaluation panel rated Ganahl the highest of the proposals for a number of reasons,
some of which were based on their proposal involving less entitlement risk and a less
restrictive lease compared to the other bidders.
Lyon -NCA Bristol Venture, LLC's proposal was selected as the alternate. Lyon proposed
to develop 207 luxury apartments with an attractive rent structure, including a value
appreciation incentive to the District. The proposal by Lyon would require a zone change
and a general plan amendment by the City, thus the County recognized that this involves
more entitlement risk compared to Ganahl's proposal.
- Z0-
Gary Armstrong, Economic and Development Services Director
March 6, 2015
Page 2 of 2
Additionally, Ganahl currently has an existing and permitted operation immediately adjacent to the
District's property. The County felt that this only contributed to Ganahl's proposal being the least risky
of the four proposals.
On April 29, 2014, the Board approved an Option Agreement between the County and Ganahl. Since
last April, Ganahl has been working diligently with the County, the City, and Caltrans to ensure that their
proposal is satisfactory to all agencies involved. Ganahl and the County continue to coordinate with
Caltrans to address their requested improvements, particularly related to fencing around the perimeter
of the project site. We believe Ganahl's proposed project is the most suitable for the site given the site's
land use designation and zoning and that it would be the least intense development of the four
proposals that the County received.
Please feel free to contact Channary Gould at 714-559-8461 or me at 714-227-1011 if you have any
questions.
Ze
I
s Campbell
Land Development Manager
c; Claire Flynn, Assistant Development Services Director, City of Costa Mesa
Mel Lee, Senior Planner, City of Costa Mesa