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HomeMy WebLinkAbout09. PH-3 - APPLICATION ZA-16-37 TO PERMIT TWO SHIPPING CONTAINERS CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: PH-3 SUBJECT: REVIEW OF PLANNING COMMISSION MODIFICATION OF ZONING APPLICATION ZA- 16-37 TO PERMIT TWO SHIPPING CONTAINERS FOR STORAGE AT THE REAR OF THE PROPERTY AT 777 AND 779 WEST 19TH STREET FROM: PLANNING DIVISION / DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: ROGER RATH, ASSISTANT PLANNER DATE: DECEMBER 6, 2017 FOR FURTHER INFORMATION CONTACT: ROGER RATH (714) 754-5609 roger.rath@costamesaca.gov RECOMMENDATION Uphold, Reverse, or Modify the Planning Commission’s decision related to approval of a Minor Conditional Use Permit (MCUP) to allow two shipping containers for storage at the rear of the property. The project was approved by the Planning Commission on October 23, 2017, on a 3-2 vote, Chair Andranian and Commissioner Navarro Woods voting no. The requests to review the action of the Planning Commission was filed on October 27, 2017. APPLICANT / REVIEW REQUESTS The applicant/authorized agent is Jeremy Krout, representing 19th Street LLC, Ray DeAngelo, the property owner. The requests to review the action of the Planning Commission was submitted by Councilmember Allan Mansoor. BACKGROUND Project Site/Environs The property is located on West 19th Street between Placentia Avenue and Wallace Avenue. The site is zoned Local Business District (C1), and has a General Plan land use designation of General Commercial. The property contains two multi-tenant commercial buildings with 49 parking spaces and one point of ingress/egress on West 19th Street. The project site is bounded by C1-zoned properties to the north, east, and west, and Multiple- Family Residential District, High Density (R2-HD) to the south. This application is the result of a Code Enforcement case. Consequently, the applicant is requesting approval of a minor conditional use permit (MCUP) to allow four shipping containers for storage that will occupy 640 square feet at the rear of the property. The MCUP also requests reduced setbacks of 10 feet from the rear property line (16 feet required) and five feet for the West side yard (0 feet and 15 feet required). Zoning Administrator Action On September 7, 2017, the project was approved by the Zoning Administrator, subject to conditions of approval. The project received three letters in opposition. A link to the Zoning Administrator decision letter can be found on the City’s website here (hardcopy also attached to this report): https://www.costamesaca.gov/Modules/ShowDocument.aspx?documentid=27251 Planning Commission Action On October 23, 2017, the project was considered by the Planning Commission. Based on the evidence presented by the applicant and testimony during the hearing, the Planning Commission approved the project with modifications on a 3-2 vote, with Chair Andranian and Commissioner Navarro Woods voting no. The Planning Commission reduced the allowable number of shipping containers for storage from four to two on the east side of the property behind the 777 W. 19th Street. A link to the Planning Commission staff report can be found on the City’s website here (hardcopy also attached to this report): https://www.costamesaca.gov/ftp/planningcommission/agenda/2017/2017-10-23/PH- 1.pdf Request to Review Planning Commission Action On October 27, 2017, a request to review the action of the Planning Commission was filed by Councilmember Mansoor to allow for City Council review of the minor conditional use permit. ANALYSIS Proposed Use The building is currently occupied by office and service uses. The shipping containers are located at the rear of the property, behind the two multi-tenant commercial buildings and are painted to match the buildings’ exterior walls. Each container is approximately 8 feet wide by 20 feet long and 8 feet high. The shipping containers store building maintenance supplies, materials, tools, and equipment per the Applicant’s letter (Attachment 9). There are currently five shipping containers on the property; however, per the Zoning Administrator approval, the applicant would be limited to four shipping containers, requiring the removal of one shipping container. According to the Commercial Property Development Standards Table 13-44 of the Zoning Code, outdoor storage containers are permitted when the containers comply with building setback requirements, floor area ratio standards, and parking requirements. Storage not meeting these criteria can be permitted through approval of a minor conditional use permit. Development Standards Below is a comparison of the Code requirements versus the proposed containers: Commercial Property Development Standards Required Proposed Setbacks for structures Front 20 feet 261 feet Side (Interior) 15 feet on one side and 0 feet on the other side 5 feet on one side and 0 feet on the other side Rear (Interior) 16 feet 10 feet * Floor Area Ratio .30 FAR (.38 FAR Existing) .40 FAR Parking Spaces 49 existing 49 Interior landscaping 1,225 square feet 1,483 square feet * Condition imposed by the Planning Commission will result in a 16-foot minimum setback from the rear property line The rear property line is adjacent to a residential zone; therefore, a building setback twice the height of the building is required for the containers, resulting in a 16-foot required setback for the 8-foot high containers. There are no visual impacts to the public right-of-way as the shipping containers are located in the rear of the property, behind the two commercial buildings. Although a 5- foot side setback is proposed, (Code requires a 15-foot setback on one side and permits a 0-foot setback on the other to minimize building mass and resultant visual impacts) the containers are not readily visible from off-site so there should be no visual impacts due to the reduced side setbacks. Staff was mainly concerned with the potential impacts of the containers to the residents in the homes adjacent to the rear of the property. Landscaping Due to the proximity to the residential zone at the rear of the site, a condition of approval is included requiring installation of a planter with bamboo along the rear property line to screen the containers from the adjacent property. The rate of growth of the bamboo depends on if they are runners or clumpers, how old they are, and where they are planted. Temperature clumpers average a growth of one to three feet in height per year. Taller running types usually grow three to five feet in height per year. Condition No. 4 requires installation of the landscaping within 30 days of the approval. Noise With the project’s proximity to a residential zone, potential noise impacts related to the use of the shipping containers were considered. As conditioned, minimal noise impacts should be generated by use of the shipping containers because conditions of approval limit the operation of the containers to normal business hours (Monday through Saturday, 8 AM to 5 PM); prohibit storage of any supplies other than for purposes of the maintenance of the subject commercial property. Condition No. 1 also prohibits any occupancy or work to be conducted inside the containers. If noise-related problems develop, the business operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, removing the containers. Security The applicant has agreed to the installation of decorative fencing and/or gates that can be secured to ensure that the areas between the containers and buildings or perimeter property lines are secured and cannot be accessed except by the owner or his representative. Building Permits A condition of approval has been included requiring the submittal of the required plans within two weeks and completion of the work within 30 days of the final approval date of the MCUP. Additional Discussion When visiting the site, staff found that the front landscaping had been replaced without the required approval from Planning staff. A condition of approval has been added, requiring that the landscape plan required for the bamboo screening at the back of the property include the landscape improvements in the front setback to ensure compliance with City requirements Planning Commission Hearing During the public hearing on October 23, 2017, the Planning Commission modified Condition of Approval No. 1 to read: “Approval is limited to two shipping containers located in the rear of the property, behind 777 West 19th Street, and a minimum of 16- foot setback from the rear property line. The use of the shipping containers shall be limited to storage of only maintenance supplies, materials, tools, and equipment for the use of the property owner or his designee for the maintenance of the subject property. No businesses either on the property or off-site shall be permitted to store items in the containers. Storage of personal items unrelated to the maintenance of this property within the containers shall be prohibited. Lastly, no work of any kind may occur in the containers. Any change in the operational characteristics including, but not limited to, additional storage or shipping containers, will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. De Novo Hearing The City Council review of the decision of the Planning Commission is a new public hearing and the Council may consider the project in its entirety. The Council is not restricted to only considering evidence previously presented to the Planning Commission or issues raised in the requests to review the project. LEGAL REVIEW The City Attorney has reviewed the draft resolutions and they have been approved as to form by the City Attorney’s Office. ALTERNATIVES The City Council may take the following actions: 1. Uphold the Planning Commission’s decision and approve the project. The City Council may approve the project subject to the current conditions of approval. 1. Approve the project, subject to revised conditions of approval. The City Council may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, staff will return with a revised resolution incorporating new findings and/or conditions. 2. Reverse the Planning Commission’s decision and deny the project. If the City Council believes that there are insufficient facts to support the findings for approval, the City Council must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. If the project were to be denied, the applicant could not submit substantially the same type of application for six months CONCLUSION The Zoning Code permits the approval of containers through a MCUP if all applicable development standards cannot be satisfied. The Planning Commission determined that the containers are screened from view from West 19th Street and will be screened from the adjacent residential properties by bamboo. Conditions of approval have been included requiring the removal of three storage containers, limiting the hours the containers may be accessed and the type of materials that may be stored inside, and adding security gates/fencing to keep people from accessing the area between and behind the containers. ____________________________ _________________________________ ROGER RATH BARRY CURTIS, AICP Assistant Planner Economic Development & Development Services Director Attachments: 1. Location Map, Zoning Map, and 500’ Radius Map Applicant: Property Owner: 2.Site Photos 3.Requests for Review 4.September 7, 2017 Zoning Administrator Decision Letter and Attachments 5.Correspondence from Public (from Zoning Administrator Decision Letter) 6.October 23, 2017 Planning Commission Staff Report 7.Correspondence from Public (from Planning Commission) 8.Planning Commission Resolution 9.Applicant’s Project Description 10.Draft Resolutions and Exhibits Jeremy Krout 2030 Main Street, Suite 1200 Irvine, CA 92614 Ray DeAngelo PO Box 19608 Irvine, CA 92614 , 7 -Ax; fit] Dili �Fl 0. 2 r �7 IF f =law in I WE Costa Mesa V.I v.i rviilea e I WGS 1994 -Web -Mercator -Auxiliary -Sphere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only, Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 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L 605 a CM)4 ATTACHMENT 2 View from West 19th Street View of 777 and 779 West 19th Street parking area View of rear East side with three shipping containers View of rear West side with two shipping containers Viewfrom West 19th Street View of 777 and 779 West 19th Street parking area -12---- View of rear East side with three shipping containers View of rear West side with two shipping containers -I'D - View I'D - ATTACHMENT Costa Mesa City of Costa Mesa ❑ Appeal of Planning Commission Decision - S 1,220.00 ❑ Appeal of Zoning Administrator/Staff Decision - $690.00 APPLICATION FOR APPEAL OR REVIEW Applicant Name" Stephan H. Andranian Address 77 Fair Drive, Costa Nfesa, CA 92628 Phone (714)754-5165 Representing Costa Mesa Planning Commission REQUEST FOR: ❑ APPEAL FXI REVIEW** Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) Approval of Zoning Application ZA-16-37 Decision by: Zoning Administrator Reasons for requesting appeal or review: Rear and side setback deviations for shipping containers. Review of use of shipping containers on the property. Date: September 7, 2017 Signature: `If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. "Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIUPLANNING COMMISSION MEETING OF: If appeal or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review: .-IZA - Costa Mesa `' City of Costa Mesa 17 OCT 27 AM 8: 44 ❑ Appeal of Commission Decision - $1,220.00 g� ❑ Appeal of Zoning Administrator/Staff Decision - $690.00 -"— (FEES MUST BE PAID IN FULL AT TIME OF FILING APPEAL) APPLICATION FOR APPEAL OR REVIEW Applicant Name* Address: Phone: Representing: REQUEST FOR: ❑ APPEAL a REVIEW** Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) ZA —I (o —3-7 --1-1-? �&'vt O `1-19 W , lq-Ek Si - Decision by: ?�p,NUI,u6- 60MMt55Ion1 Reasons for requesting appeal or review: *If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. **Review may be requested only by Commissions, Commission Members, City Council, or City Council Members. For office use only – do not write below this line SCHEDULED FOR THE CITY COUNCILfCOMMISSION MEETING OF: I5— REV 9-1-15 September 7, 2017 CITY OF COSTA ME;m P.O. BOX 1200 - 77 FAIR DRIVE • CALIFORNIA 92628 - 1200 DEVELOPMENT SERVICES DEPARTMENT ATTACHMENT 4 Jeremy Krout 2030 Main Street, Suite 1200 Irvine, CA 92614 RE: ZONING APPLICATION ZA-16-37 MINOR CONDITIONAL USE PERMIT TO PERMIT FOUR SHIPPING CONTAINER STORAGE AT THE REAR OF THE PROPERTIES AND TO ALLOW A 10 -FOOT SETBACK 777 & 779 WEST 19TH STREET, COSTA MESA Dear Mr. Krout: City staffs review of your zoning application for the above -referenced project has been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval and code requirements (attached). The decision will become final at 5:00 p.m. on September 14, 2017, unless appealed by an affected party, including filing of the necessary application and payment of the appropriate fee, or called up for review by a member of the Planning Commission or City Council. If you have any questions regarding this letter, please feel free to contact the project planner, Roger Rath, at (714) 754-5609, or at ro er.rath costamesaca. ov. Sincerely, -- WILLA-BOUWENS-KIL:LEEN, AICP------_ -- .. Zoning Administrator Attachments: Project Description and Analysis Findings Conditions of Approval and Code Requirements Business Description Approved Conceptual Plans cc: Engineering Ray DeAngelo Fire Protection Analyst PO Box 19608 Building Safety Division Irvine, CA 92614 Building Division (714) 754-5273 - Code Enforcement & Community Improvement Division (714) 754-5623 HOUSing & Community Development (714) 754-4870 - Planning Division (714) 75.1-5245 FAX (714) 754-4856 - www.costamesaca.gov ZA-16-37 September 7, 2017 Page 2 of 8 PROJECT DESCRIPTION The property is located on West 19th Street between Placentia Avenue and Wallace Avenue. The site is zoned Local Business District (Cl), and has a General Plan land use designation of General Commercial. The property contains two multi -tenant commercial buildings with 49 parking spaces and one point of ingress/egress on West 19th Street. The project site is bounded by C1 -zoned properties to the north, east, and west, and Multiple -Family Residential District, High Density (R2 -HD) to the south. This application is the result of a Code Enforcement case. Consequently, the applicant is requesting approval of a minor conditional use permit (MCUP) to allow four shipping containers for storage that will occupy 640 -square -feet at the rear of the property, with a minimum setback of 10 feet from the rear property line (16 -foot setback required). ANALYSIS Proposed Business Operation /Equipment The current businesses at this location are common commercial uses such as offices and retail. The shipping containers are located in the rear, behind the two commercial buildings and are painted to match the buildings' exterior wall color. Each container is approximately 8 -foot wide by 20 foot in length and are 8 -feet high. The shipping containers store building maintenance supplies, materials, tools, and equipment per the Applicant's letter (Attachment 4). There are currently five shipping containers on the property; however, as per the condition of approvals, the applicant would be limited to four shipping containers and be required to remove one shipping container. Per the Commercial Property Development Standards Table -13-44 of the Zoning Code, outdoor storage containers are permitted when the containers comply with setback requirements for structures, floor area ratio standards, and parking requirements. Storage not meeting these criteria require approval of a minor conditional use permit. Development Standards Below is a comparison of the Code requirements versus what is proposed for the containers: Commercial Property Development Standards Setbacks for structures Front Side (Interior) Rear (Interio Required 20 feet 15 feet on one side and 0 feet on the other side 16 feet Proposed 261 feet 5 feet on one side and 0 feet on the other side 10 feet ZA-16-37 September 7, 2017 Page 3 of 8 Floor Area Ratio .30 FAR .38 FAR Existing) .40 FAR Parking _ 49 Existing 49 Interior landscaping 1,225 s uare feet 1,483 square feet The rear property line is adjacent to a residential zone; therefore, a two -times -the - building -height setback for the containers is required. Since the shipping containers are 8 feet in height, a 16 -foot rear setback is required. Although the side and rear setbacks and FAR does not meet the development standards, a MCUP can be granted if it meets standard findings for MCUPs. (Although the containers cover former landscaped area, the site still exceeds interior landscape area requirements by over 200 square feet.) There should be no visual impacts to the public right-of-way as the shipping containers are located in the rear of the property, behind the two commercial structures. However, staff's main concern is with potential impacts of the containers on the adjoining residents. Landscaping Landscaping was removed during the installation of the foundation for the shipping containers; however, the site will still exceed minimum interior landscape area requirements even with the containers. Due to the proximity to the residential zone at the rear of the site, a planter with bamboo screening is required, to screen the containers from the adjacent property. Lastly, the front setback landscaping was replaced without approval of the Planning Division. Consequently, condition of approval number four requires landscaping plans that depict both the bamboo screen at the rear of the property as well as, for the front setback. Additionally, because the containers are existing, deadlines for compliance are included within the condition. Noise With the project's proximity to a residential zone, potential noise impacts related to the use of the shipping containers need to be examined. As conditioned, minimal noise impacts should be generated by use of the shipping containers since conditions limiting the operation of the containers to normal business hours (Monday through Saturday, 8 AM to 5 PM); prohibiting the use for anything but storage purposes for the maintenance of the subject commercial property); as well as prohibiting any work in the containers are included. If noise -related problems develop, the business operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, removing the containers. Security The applicant has agreed to the installation of decorative fencing and/or gates that can be secured to ensure that the areas between the containers and buildings or perimeter .-ism ZA-16-37 September 7, 2017 Page 4 of 8 property lines are secured and cannot be accessed except by the owner or his representative. Building Permits A condition of approval has been included requiring the submittal of the required plans and completion of the work within two weeks and 30 days, respectively, of the MCUPs final approval date (the day the appeal period ends or September 14, 2017). General Plan Consistency The General Commercial General Plan land use designation applies to areas intended to permit a wide range of commercial uses that serve both local and regional needs. The proposed four shipping containers will not generate visual or noise impacts. The proposed use is consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval, the four shipping containers should not adversely impact the surrounding uses and will be used in support of the existing commercial property. The proposed project satisfies Policy LU -6.2 of the Land Use of the 2015-2035 General Plan in that approval of the four shipping containers will continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers. Condition of approval number 1 requires that storage be limited to maintenance supplies, materials, tools and equipment to support the existing commercial structures. FINDINGS A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(e) in that: 1. There is a compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. The four shipping containers support and maintain the building by storing needed tools and materials. In addition, the shipping containers are required to be painted to match the building to create a seamless appearance and are placed behind existing commercial buildings and are, therefore, screened from view from West 19th Street. Landscaping is required to be added to screen the containers from the residential property to the south. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered and are not impacted by the proposed containers. 101- ZA-16-37 September 7, 2017 Page 5 of 8 3. The four shipping containers comply with any performance standards as described elsewhere in the Zoning Code, and are conditioned to operate as described in this staff report. 4. The proposed use is consistent with the General Plan in that the General Commercial General Plan land use designation applies to areas intended for a wide range of commercial uses that serve both local and regional needs. The four shipping containers, as conditioned, are consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval, the four shipping containers should not adversely impact the surrounding uses and will be used in support of the existing commercial property. 5. The zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. R The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. Parking impacts are not anticipated because the four shipping containers are restricted to storage use only as defined in conditions of approval. In addition, the use should not generate noise or other detrimental effects on the surrounding uses. The project is conditioned to operate only during regular business hours as specified within the conditions of approval. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate vicinity because the use is restricted for storage purposes only for the support/maintenance of the subject commercial property by the property owner or designee as defined in the conditions of approval. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation because shipping containers can be permitted per the Zoning Code, when certain criteria are met or with approval of a minor conditional use permit, subject to conditions of approval to ensure the containers are used as originally presented to Planning staff. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. - 20 ZA-16-37 September 7, 2017 Page 6 of 8 CONDITIONS OF APPROVAL Ping. 1. Approval is limited to four shipping containers located in the rear of the property, behind the two commercial buildings, setback a minimum of 10 feet away from the rear property line. The use of the shipping containers shall be limited to storage of only maintenance supplies, materials, tools, and equipment for the use of the property owner or his designee for the maintenance of the subject property. No businesses either on the property or off-site shall be permitted to store items in the containers. Storage of personal items unrelated to the maintenance of this property be stored within the containers shall be prohibited. Lastly, no work of any kind may occur in the containers. Any change in the operational characteristics including, but not limited to, additional storage or shipping containers, will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. Use of and access to the shipping containers shall limited to regular business hours; i.e., 8 am to 5 pm, Monday through Saturday. 3. All shipping containers shall be well maintained and painted to match the exterior wall color of the permanent buildings. 4. A detailed landscaping plan compliant with the City's Zoning Code shall be submitted within 14 days of the final approval of ZA-16-37 (September 28, 2017). Plans shall address the entire site, including the re -landscaped front setback and the new planter and bamboo proposed along the rear property line. Landscaping per the approved plan shall be installed within 30 days of final approval of ZA-16-37 (October 16, 2017). 5. Building plans showing the removal of one container and relocation of the other four shall be submitted within 14 days of the final approval of ZA-16- 37 (September 28, 2017). The work approved under the building permits shall be completed no later than 30 days from final approval of ZA-16-37 (October 16, 2017) unless an extension is granted by the Zoning Administrator prior to the October 16, 2017 deadline. 6. Decorative fencing/locking gates shall be installed to secure access around the containers. Only the owner or his designee will be permitted to access these areas. Details regarding the fencing/gates shall be included within the Building plans required under condition of approval number 5 and shall be installed by the same final deadline. 7. A copy of the conditions of approval for the minor conditional use permit shall be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 8. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. ZA-16-37 September 7, 2017 Page 7 of 8 9. Applicant shall defend, indemnify and hold harmless the City, its officials and employees, against all legal actions filed challenging City's approval of the applicant's project and/or challenging any related City actions supporting the approval. City shall have the right to select the attorney defending it, if it elects to do so. 10. If any section, division, sentence, clause, phrase or portion of this approval is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. CODE REQUIREMENTS The following list of federal, state, and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping E Bus. 4. Lic. 5 Trans. 6 Approval of the planning application is valid for one year from the effective date of this approval (September 14, 2017) and will expire at the end of that period (September 14, 2018) unless applicant establishes the use by obtaining a business license reflecting the coffee roasting business. If the applicant is unable to obtain the business license within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the planning application. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Comply with the requirements of the following adopted codes: 2016 California Residential Code, 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. Business license shall be obtained prior to the initiation the business. The applicant shall submit a $181.00 Traffic Impact Fee to the Transportation Division prior to the effective date of the minor conditional -2Z.- ZA-16-37 September 7, 2017 Page 8 of 8 use permit. The traffic impact fee is based upon the average daily trip generation rate of 1 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. - 2---:S,-- 10/24/16 777 & 779 W. 1911 Street Minor Conditional Use Permit Project Description The applicant is requesting consideration of a Minor Conditional Use Permit and Administrative Adjustment to allow for the placement of 5 cargo storage containers near the rear of the buildings (south end) for property located at 777 and 779 19th Street. The containers will be approximately 8 feet wide by 20 feet in length and stand approximately 8.3 feet in height. The City Zoning Code requires a setback of twice the height of the building/structure to the property line adjacent a residential zone. This Code requirement would require a setback of 16.6 feet along the rear property line and the proposed storage containers. The applicant is requesting an Administrative Adjustment to allow for an encroachment of 6.6 feet along the rear property line (adjacent the existing residential zone), yielding a setback of 10 feet at the nearest point along the property line. The containers will be used for storage of general equipment on-site and will be painted to match the existing buildings. The project site maintains approximately 2,182 square feet of landscape on site, not including all landscape area adjacent the rear property cirea area that has already been removed). The code requires 25 square feet of irrigated landscape area for each parking space. The current site has 49 parking spaces. 49 spaces times 25 square feet is 1,225 square feet of landscape required. The project meets and exceeds the landscaping requirement. 2-A' ARIOS, JUSTIN From: Jeremy Krout <jeremy@epdsolutions.com> Sent: Tuesday, November 29, 2016 10:10 AM To: ARIOS, JUSTIN Subject: re: 777 19th st. Justin, here is a general list of items in or to be stored in the containers: 1. Vacuums (wet and dry) 2. Dusters, dustpans, mops, brooms and buckets 3. Clean Rags 4. Paint brushes and rollers 5. Water soluble paint 6. Stucco repair materials 7. Wood repair materials 8. Household cleaning supplies (floor, window and general surface cleaners) 9. Landscaping sheers 10. Shovels 11. Drywall and drywall repair 12. Roofing tiles and roofing repair 13. Ladders 14. Dolly's and carts for hauling equipment 15. Replacement carpet and carpet repair 16. Ceramic floor tiles and cutting machine 17. Washing and janitorial supplies, toilet paper, soap paper towels 18. Misc repair tools Thank you, Jeremy Krout E I P I D Solutions, Inc. eremv C5l endsolutions.corn 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.e dsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO:.@EPDSOLUTIONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. From: ARIOS, JUSTIN[mailto:JUSTIN.ARIOS@costamesaca.govj Sent: Monday, November 28, 2016 4:15 PM To: Jeremy Krout <ieremy@eodsofutions.com> Subject: RE: 777 19th st. 2S- Hi Jeremy, Would you be able to expand on the type of supplies, materials, tools and equipment that will be stored in the containers? Is it going to be power tools and equipment? Are you storing any chemicals? As much as you can expand on what will be store in the containers, this is a question both Planning and Fire had. The project planner will be the one who can determine if the application is complete; I'm not sure if that is the only piece of information that is needed, most likely it isn't. If you have any questions or concerns, please feel free to contact me. Thanks, Justin Arios Assistant Planner City of Costa Mesa 714-754-5667 NOTE: Due to the holiday season, City Hall will be closed from Friday, December 23 2016 through Monday, January 2 2017. City Hall will resume regular business hours on Tuesday, January 3, 2017, From: Jeremy Krout mailto:ierem e dsolutions.com] Sent: Sunday, November 27, 2016 9:45 PM To: ARIOS, JUSTIN <JUSTIN.ARIOS costamesaca. ov> Subject: RE: 777 19th st. Hi Justin, The containers are used for building maintenance supplies, materials, tools and equipment. Please let me know if this response suffices since that is the only request in the letter to make the application complete. Thank you, Jeremy Krout E I P I D Solutions, Inc. 'eremepdsolutions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.epdsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED T0: 2EPDSOLUTIONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. From: ARIOS, JUSTIN {maiito JUSTIN.ABIOS@co5tamesa�] Sent: Tuesday, November 22, 2016 8:33 AM To: Jeremy Krout <jGrenny@eudsol utions.com> Subject: RE: 777 19th st. Hi Jeremy, Sorry for the late reply, but your projeLc hasn't been assigned to a planner yet, bUL ,nould be soon. And I will let you know who that is once I know. Attached is a letter requesting more information regarding the project. If you could respond to it, I can make sure the project planner, gets the response. If you have any questions or concerns, please feel free to contact me. Thanks, Justin Arios Assistant Planner City of Costa Mesa 714-754-5667 NOTE: Due to the holiday season, City Hall will be closed from Friday, December 23 2016 through N49 da , January 2, 2017. City Hall will resume regular business hours on Tuesday, January 3, 2017. From: Jeremy Krout [manta:jeremy@epdsolutions.com] Sent: Friday, November 18, 2016 2:59 PM To: ARIOS, JUSTIN <JUSTIN.ARIOS@costamesaca.gov> Subject: 777 19th st. Hi Justin, Do you know which planner has been assigned to the MUP at 777 W. 19th St? Thank you, Jeremy Krout EIPID Solutions, Inc. el__ remy(C�epdsolutions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 w,,, v/.eprisolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED T0:E@ PDSOLUTiONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. NEW STORAGE CONTAINER (8'W X 20' L X 83H) SITE PLAN • 1^=10,0.. -` ---_� (2z aorlt rltn --�. 6 MODIFIED SITE PLAN -6" I' G ° Q� 1. Removal of turf areas at rear of property 4 W". EEE PAN cow, CUM, — — :=WMtp 10 4jL I Y PINION GRADE ��] I 2. Placement of y Storage Containers TvIN6— wFIEICE OCL.UR5 --...— W, !CH 9 -�"y■'l��l',��'i��� r ! wHO�G ,CA," I - n.c MvIF16 1"r �R•r k'I .A� I�[R 4' THK GONG. `54 it ! ; 1 �x�7•y ° -� .I y Owner/Applicant: licant: 19th Street LLC, c/o Ra DeAn elo Irmo t+�ruz '�..y- • PP � Y 9 PO Box 19608 GdrmGX I 0NIn CONG. Erin e - *3 50A �T. 04 rw«arrr 40 Irvine, CA 92623 lyt,-'�Y �r + TM a 2- '� (714) 329-8669 + xRL�}bUliK (1.� PCPdInr.0 ,� aF ave t -4WD f ^Mr MATE JAMB OSWAL� [;j JW IROGE ( ) C M 2 13 3 T--1 0 2 11b Z'] 2. Is /4 IR"&,A55CXU>SAJA Mdlsernne /Rorrlxq/ Merwn H "Demn • Chokl d 16400 Pools Cams H V 14nnr1grm Da h CA 92649 213/5923.709 714/646,3319 Planter w/ - _.. _ _ Wa w -m z hN -- Bamboo 2f' -r-' 1 1 -o bxlsrlNa W M' W _gr� Screen 0) 5' Setback to match uNn 5` F H hG W nU J I back of building _ V A -- I '- - -- i�1�KIVIODb F�--NGt UHIC�Ii EX �Si�C>.Mk'.Y�p:F61'�f✓. - A - - - 10' min setback Approx. 3' Walkway !' _ to exist. o� W ADDITION TO wall EXISTING BUILDING i pLooR: BUILDING "B" EXI@T11YG Bup�.vsuG 1a�w r �P;jV-3L.Iny,y'r w`!•�.l :i'TRM.• t} I I AG IIi(C £i I 2 4 5 to 7 ? 111 I s I I 12 �� il4 � Iz iso {lp } t� Zo 2i 22 2'� 4 { �; ? ;•Ind i �- rAAf _—� I'�a I% I��` I4/o 1%I(z�i I.�yr--.,,'r �• I .{. � - TRASH --- - -- _-(� '. ¢. �-; M ENCLOSURE (E) �-• ��'( IT• PAAKMI}^' ..,,� � Oj1 '.d '�Y Y �I.QN AG. 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Placement of y Storage Containers TvIN6— wFIEICE OCL.UR5 --...— W, !CH 9 -�"y■'l��l',��'i��� r ! wHO�G ,CA," I - n.c MvIF16 1"r �R•r k'I .A� I�[R 4' THK GONG. `54 it ! ; 1 �x�7•y ° -� .I y Owner/Applicant: licant: 19th Street LLC, c/o Ra DeAn elo Irmo t+�ruz '�..y- • PP � Y 9 PO Box 19608 GdrmGX I 0NIn CONG. Erin e - *3 50A �T. 04 rw«arrr 40 Irvine, CA 92623 lyt,-'�Y �r + TM a 2- '� (714) 329-8669 + xRL�}bUliK (1.� PCPdInr.0 ,� aF ave t -4WD f ^Mr MATE JAMB OSWAL� [;j JW IROGE ( ) C M 2 13 3 T--1 0 2 11b Z'] 2. Is /4 IR"&,A55CXU>SAJA Mdlsernne /Rorrlxq/ Merwn H "Demn • Chokl d 16400 Pools Cams H V 14nnr1grm Da h CA 92649 213/5923.709 714/646,3319 _ FF�•3n:o� u�- IG • IL- G5 151JII.G.Qs wr arm,, A-2 Z h [� Wa w -m z hN a �m J Hu W M' W Hm W 0) Wi uNn 5` F H hG W nU r � _ V A _ FF�•3n:o� u�- IG • IL- G5 151JII.G.Qs wr arm,, A-2 ATTACHMENT 5 RATH, ROGER From: NVS Kevin <Kevin@ NVSPromo.com > Sent: Tuesday, September 05, 2017 11:58 AM To: RATH, ROGER Cc: BOUWENS-KILLEEN, WILLA Subject: Objections to ZA-16-37 Hey Roger, I'd like to set up an appointment with you regarding my objections to the Application No: ZA-16-37 the permanent use and placement of 4 shipping containers at the rear of the commercial property. Call me when you are available - 949-922-8997 I am the owner of 788 Center street and I have quite a few objections regarding the placement of these containers. I would have complained earlier but the containers showed up overnight last year and I thought that the property owner already had a permit for them. Background - I am building Owner Occupied homes on 788 & 784 Center St. I will live at 788 and a business partner lives and owns 784 center. These are New Construction homes valued around 850,000 when completed. 1. The placement of the containers gives homeless persons more places to hide from police and use drugs at night. Since living at 788 Center st I have heard on many occasions homeless persons on the other side of my fence at night time. The commercial property used to have 20ft of open space from the back of the building to the fence and homeless persons went there but were exposed if a police car came down the driveway. NOW, since the containers are in-place, the homeless persons I have heard are now able to HIDE from police when I have called and it gives more privacy for their acts. Instead of 20 feet of open space there is now a 2.5' alley between the containers to hide, as well as on both sides between the fence and the back side of the containers. The containers provide more shelter and more area's for homeless persons to hang out at night time. 2. These shipping containers are located directly underneath active power lines that will soon be upgraded to handle more electricity to serve new homes being constructed. So Cal Edison already has a permanent easement in that location and I am EXRTEEMLY FEARFUL of the potential dangers of placing 4 Metal Containers directly underneath Power Lines. 3. The Fence at the rear of my property By Law, only allows for a 6' fence. The shipping containers have already caused an eyesore for months now and I do not believe they will be able to be screened from my view. The containers themselves are 9.5' so I am left with 3.5' view of shipping containers next to my property which cause a big eyesore! 4. The placement of the shipping containers will cause Permanent Loss of equity in my property by lowering its value. Living next to a car dealership, gas station, and backed up against the commercial property is bad enough but permanently putting shipping containers will decrease the value of my home! 2q- 5. The Shipping Containers are NOT used for the commercial property they are located on. I witnessed the placement and loading of the storage containers AND have spoken with some of the tenants in the two buildings. From what I witnessed and from speaking with the tenants, the shipping containers are being used for Personal Property storage and are NOT used for any purpose involving the multi -unit commercial property. I could understand if the owner of the Storage Units owned a business and needed to store business related items inside the containers but that is not the case in this circumstance. The Storage Containers are not used for any purpose relating to owning and operating the multi -unit office building that they are stored on. Please let me know when you are available for an appointment to discuss this matter. Thanks, Kevin Kevin Ra_aer Phone: 877.503.3533 x 101 Direct: 949.274.4848 Cell. 949.922.8997 Fax: 949.272.0545 WWW.NVSPROMO. COM _30- RATH, ROGER From: Michael Townsend <backcabin@yahoo.com> Sent: Wednesday, September 06, 2017 12:28 PM To: BOUWENS-KILLEEN, WILLA Cc: RATH, ROGER; planningcimmission@costamesaca.gov Subject: Application No. Z4-16-37 Decision date 9/7/17 Regarding Shipping Containers located at 777 & 779 w. 19th St September 5, 2017 City Hall 77 Fair Drive Costa Mesa, CA 92627 Attention: Ms. Willa Bouwens-Killeen Mr. Roger Rath Costa Mesa Planning Commission Regarding: Application No. AZ -16-37 Decision Date: September 7, 2017 Dear Ms. Bouwens-Killeen, Mr. Rath, and the Costa Mesa Planning Commission, In regards to Application No: ZA-16-37, we are not in favor of granting a conditional use permit for the 4 shipping containers that were installed over a year ago on the properties located at 777 and 779 w. 19th Street. Our family owns the property at 780 Center St., located behind and adjacent to 777 &779 19th Street. The shipping containers have a negative visual impact on the residents of our neighborhood and decreases our property value. 1. The Shipping containers are clearly placed within the required setback area. The rear property line is adjacent to a residential zone, and therefore, per the published city standards, the rear setback would be 2 times the building height at all locations. The unpermitted existing shipping containers have 0 (zero) setback adjacent to residentially zoned houses. A l Oft rear setback is completely unreasonable and deviates significantly from the Commercial Development Standards. Further, a 16ft rear setback also does not meet the city's standards. This commercially zoned parcel has two 2 -story structures, and therefore does not meet the city's requirement for the rear setback to be 2xs the building height. Any setback other than what is in the city's Commerical Development Standards is unacceptable. 2. The parking ratio per gross floor area is severely insufficient. Tenants include a church, a car dealer, a Medical Cannabis Referral center, a Tattoo studio, a Produce/grocery store, a Medical Ultrasound facility, and a Zumba studio at the Herbalife studio. Per the nonresidential parking standards, a significantly higher number of parking spaces are required for Dancing and Music Academies, Churches, and Medical offices, etc. Furthermore, aerial photos online suggest that parking spaces were actually eliminated when the shipping containers were installed. 3. The F.A.R. is grossly exceeded and the shipping containers completely disregard the required landscaping standards. The city requires 25 square feet of irrigated landscaping to be provided for each parking space. 4. The Shipping containers are not completely screened from view from adjacent properties. Currently the shipping containers are partially screened by some trellis, which is not an acceptable or long-term solution. 5. The shipping containers do not comply with all applicable codes and regulations including, but not limited to, the Uniform Fire Code and the ADA. 32- 6. The city also requires that shipping containers have a permanent foundation, however, no permit has ever been requested from the city to construct these foundations. Any such foundations would clearly violate the landscaping and open space requirements. The applicant installed 4 shipping containers without any city approval, and has been violating the city's codes, standards, and requirements for over a year with no ramifications. The conditional use permit should be unequivocally denied, and the applicant should pay a daily fine for their transgressions until the shipping containers are removed. The shipping containers have a negative impact on the community, and are materially detrimental to our property, as well as the neighborhood. I'm pleased to know that the city has the ability to enforce their standards. Thank you in advance for your thoughtful consideration, Michael Townsend Michael Townsend PO Box 10094 Costa Mesa, CA 92627 -33— September 5, 2017 Roger Rath Planning Division, Costa Mesa City 77 Fair Drive, Costa Mesa, CA Re: Zone conditional for site address 777 & 799 W. 10 Street Dear Roger, I am in receipt for your "notice of a zoning administrator decision date" concerning your upcoming decision on allowing 4 shipping containers behind my property at 784 Centers street. Since no public hearing will be held I wanted to take a time to voice my option on this matter via email. I am currently about to break ground on a new house for my property (recent parcel split from 788 Center) location adjacent to this proposed shipping container storage area. I am attempting to develop the neighbor and create a better looking areas than what is currently existing. Part of the developing process was major input from the planning department and going great lengths to ensure my house was Architecturally acceptable and not an eye - shore to the community. This is a much-needed process to enrich the community. What is being proposed behind my house is a complete opposite of what I thought the planning department was trying to achieve. Not only will these shipping containers be an eye -shore from my bedroom window but it will lower my appraisal value when construction is completed. I would hope that the planning department would be more consistent and require all structures being placed in our community to meet a mandatory Architectural standard. I would like to advise a rejection of this proposed application (ZA-16-37) completely including the allowing of 4 shipping containers plus allowing the setback to be 10-0" instead of 16'-0". This is not what I want as my view for my new home. Respectfully, Yod i on Joel Templeton Property Owner 3188-H Airway Avenue • Costa Mesa • California • 92626 P. (714) 444-1441 F. (714) 444-1443 www.hbparkco.com ATTACHMENT 6 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 23, 2017 ITEM NUMBER: SUBJECT: REVIEW OF ZONING APPLICATION ZA-16-37 TO PERMIT FOUR SHIPPING CONTAINERS FOR STORAGE AT THE REAR OF THE PROPERTY AND TO ALLOW REDUCED REAR AND SIDE YARD SETBACKS AT 777 AND 779 WEST 19TH STREET DATE: OCTOBER 12, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: ROGER RATH, ASSISTANT PLANNER FOR FURTHER INFORMATION CONTACT: ROGER RATH (714) 754-5609 roger.rath@costamesaca.gov DESCRIPTION A review of the Zoning Administrator's approval of a minor conditional use permit (MCUP) to allow four shipping containers for storage at the rear of the property and to allow a 10 - foot setback from the rear and 5 -foot setback from one side. APPLICANTIAUTHORIZED AGENT The applicant/authorized agent is Jeremy Krout, representing 19th Street LLC, Ray DeAngelo, the property owner. The request to review the action of the Zoning Administrator was submitted by Chairman Stephen Andranian. RECOMMENDATIONS The Planning Commission may either uphold, uphold with revisions, or reverse the Zoning Administrator's decision to approve a minor conditional use permit to allow four shipping containers for storage at the rear of the property and to allow a 10 -foot setback from the rear and 5 -foot setback from one side. 3S- BACKGROUND Project Site/Environs The property is located on West 19th Street between Placentia Avenue and Wallace Avenue. The site is zoned Local Business District (Cl), and has a General Plan land use designation of General Commercial. The property contains two multi -tenant commercial buildings with 49 parking spaces and one point of ingress/egress on West 19th Street. The project site is bounded by C1 -zoned properties to the north, east, and west, and Multiple -Family Residential District, High Density (R2 -HD) to the south. This application is the result of a Code Enforcement case. Consequently, the applicant is requesting approval of a minor conditional use permit (MCUP) to allow four shipping containers for storage that will occupy 640 square feet at the rear of the property. The MCUP also requests reduced setbacks of 10 feet from the rear property line (16 feet required) and five feet for the West side yard (0 feet and 15 feet required). Zoning Administrator Action On September 7, 2017, the project was approved by the Zoning Administrator, subject to conditions of approval. The project received three letters in opposition. A link to the Zoning Administrator decision letter can be found on the City's website here (hardcopy also attached to this report): htt s://www.costamesaca.aov/Modules/ShowDocument.as x?documentid=27251 Request to Review Zoning Administrator Action On September 7, 2017, a request to review the action of the Zoning Administrator was filed by Planning Commission Chairman Stephen Andranian to allow Planning Commission review of the minor conditional use permit. ANAL YSIS Proposed Use The current businesses at this location are common commercial uses such as offices and retail. The shipping containers are located at the rear of the property, behind the two multi -tenant commercial buildings and are painted to match the buildings' exterior wall color. Each container is approximately 8 feet wide by 20 feet in length and are 8 - feet high. The shipping containers store building maintenance supplies, materials, tools, and equipment per the Applicant's letter (Attachment 4). There are currently five shipping containers on the property; however, per the Zoning Administrator conditions of approval, the applicant would be limited to four shipping containers, requiring the removal of one shipping container. According to the Commercial Property Development Standards Table 13-44 of the Zoning Code, outdoor storage containers are permitted when the containers comply with setback requirements for structures, floor area ratio standards, and parking requirements. Storage not meeting these criteria can be permitted through approval of a minor conditional use permit. Development Standards Below is a comparison of the Code requirements versus what is proposed for the containers: Commercial Property Development Standards Required Proposed Setbacks for structures - feet 5 feet on one side and 0 feet on the other side Front 20 feet261 Side (Interior) 15 feet on one side and 0 feet on the other side Rear Interior 16 feet 10 feet Floor Area Ratio .30 FAR .38 FAR Existing) .40 FAR Parking Spaces 49 existing 49 Interior landscaping 1,225 square feet 1,483 square feet The rear property line is adjacent to a residential zone; therefore, a two -times -the - building -height setback for the containers is required, resulting in a 16 -foot required setback for the 8 -foot high containers. There are no visual impacts to the public right=of-way as the shipping containers are located in the rear of the property, behind the two commercial buildings. Although a 5 - foot side setback is proposed, (Code requires a 15 -foot setback on one side and permits a 0 -foot setback on the other to minimize building mass and resultant visual impacts) the containers are not readily visible from off-site so there should be no visual impacts due to the reduced side setbacks. Staff's main concern is the potential impacts of the containers to the residents in the homes adjacent to the rear of the property. Landscaping Due to the proximity to the residential zone at the rear of the site, a condition of approval is included requiring installation of a planter with bamboo along the rear property line, to screen the containers from the adjacent property. The rate of growth of the bamboo depends on if they are runners or clumpers, how old they are, and where they are planted. Temperature clumpers average a growth of one to three feet in height per year. Taller running types usually grow three to five feet in height per year. Because the containers are existing, deadlines for compliance are included within the condition. Noise With the project's proximity to a residential zone, potential noise impacts related to the use of the shipping containers were considered. As conditioned, minimal noise impacts should be generated by use of the shipping containers because conditions of approval -5,1 J limit the operation of the containers to normal business hours (Monday through Saturday, 8 AM to 5 PM); prohibit the use for anything but storage purposes for the maintenance of the subject commercial property; and prohibit any work inside the containers. If noise -related problems develop, the business operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, removing the containers. Security The applicant has agreed to the installation of decorative fencing and/or gates that can be secured to ensure that the areas between the containers and buildings or perimeter property lines are secured and cannot be accessed except by the owner or his representative. Building Permits A condition of approval has been included requiring the submittal of the required plans within two weeks and completion of the work within 30 days of the final approval date of the MCUP. Additional Discussion When visiting the site, staff found that the front landscaping had been replaced without the required approval from Planning staff. A condition of approval has been added, requiring that the landscape plan required for the bamboo screening at the back of the property include the landscape improvements in the front setback to ensure compliance with City requirements. De Novo Hearing The Planning Commission hearing is a de novo hearing in which the Planning Commission may consider the project in its entirety. The Planning Commission may consider all aspects of the proposed use. In its decision, the Planning Commission is not restricted to only considering the evidence previously presented to the Zoning Administrator. ENVIRONMENTAL DETERMINATION The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. LEGAL REVIEW The draft resolution has been reviewed and approved as to form by the City Attorney's Office. 3g PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing: 1. Mailed notice. A public notice was mailed to all property owners within a 500 - foot radius of the project site. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.) 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper. As of October 12, 2017, no communication has been received from any property owner within a 500 -foot radius of the project sites. Any public comment(s) received prior to the Planning Commission hearing will be provided separately. ALTERNATIVES The Planning Commission may take the following actions: 1. Uphold the Zoning_Administrator's decision to approve the project, The Planning Commission may approve the project subject to the current conditions of approval. 2. Approve the project subject to revised conditions of approva, The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, staff will return with a revised resolution incorporating new findings and/or conditions. 3. Reverse the Zoning Administrator's decision and deny the proiect. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. If the project were to be denied, the applicant could not submit substantially the same type of application for six months. CONCLUSION The Zoning Code permits the approval of containers through a MCUP if all applicable development standards cannot be satisfied. The containers are screened from view from West 19th Street and will be screened from the adjacent residential properties by bamboo. Conditions of approval have been included requiring the removal of one of the storage containers, limiting the hours the containers may be accessed and the type of materials 3cl that may be stored inside, and adding security gates/fencing to keep people from accessing the area between and behind the containersr• ,12 ROG R RATH BARRY CURTIS, AICP Assistant Planner Economic and Development Services Director Attachments: 1. Vicinity, Zoning, and Radius Map 2. Site Photos 3. Appeal 4. Applicant's Project Description 5. Draft Planning Commission Resolution 6. Conceptual Plans 7. September 7, 2017 Zoning Administrator Decision Letter and Attachments Distribution: Economic and Development Services Director Interim Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst File Applicant; Jeremy Krout 2030 Main Street, Suite 1200 Irvine, CA 92614 Owner: Ray DeAngelo PO Box 19608 Irvine, CA 92614 _ A o--- bsfa Mesa 0.1 u 0.07 01 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd, This map is a user generated static output from an Internet mapping site and is for reference only_ Data layers that appeal' on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend ❑ costa Mesa I 1 Notes Costa Mesa /=. s-- W -w ,W,19TH ST ,,,,- TOWNE ST TaWNE STS :. r •..:— — �..._. WGS_19B4 Web_Mercator_Auxiliary5phere © Latitude Geographics Group Ltd. 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(c) Na a 1110 su' F--NO,';679 1 + r *o171 7v - 9-og00(D 0 d 0 40 35 34 33 32 3/ 30 2B 27 26 23 4 iN23Es 803 132- /32 33'l]I' 229' ■i+ •4a N/ESA NEWPORT7141-7 Y 1 �.pG 1i IB I� " f t Y y; O E ry PAR. liZET LJ2 R. 467- 2 IG ^ ref Q' •as' r�' °a' su' .-3' sS' 7v - 9-og00(D (D 0 0 (D o t l io' R. 467- 603 IG ^ ref Q' try' f ; r • 300" I r � N ATTACHMENT 7 October 17, 2017 Mr. Roger Rath Assistant Planner City of Costa Mesa Planning Department 77 Fair Drive Costa Mesa, CA 92628 Re: Zoning Application ZA-16-37, Minor Conditional Use Permit to Allow Four Shipping Containers at 777 and 779 West 19th Street, Costa Mesa, CA. Dear Mr. Rath: I am writing you today to express my opinion on the approval of the Minor Conditional Use Permit (Zoning Application ZA-16-37) associated with the property located at 777 and 779 West 19th Street in Costa Mesa. I am the owner of the property located at 771 West 191h Street, directly adjacent to the subject property. The incorporation of the storage containers has been handled with professionalism and they have been painted to match the existing buildings. They do not affect my buildings or the day to day operations of my tenants. I have no objection to the containers or the approval of the Conditional Use Permit. Thank you in advance for your consideration. Sincerely, William Kennedy .._ -I (p— Received City of Costa Mesa Development Services Department. 1 1' Oct 171707:36p Deangelo 19492730393 PA =I October 16, 2017 Mr. Roger Rath Assistant Planner City of Costa Mesa Planning Department 77 lair Drive Costa Mesa, CA 92628 Dear Mr. Rath: I am a tenant at the Property located at 777 and 779 West 19th Street, Costa Mesa for over twenty years now. I am writing you in support of the landlord, Mr. DeAngelo, and respectfully request that you approve the permit he is requesting. He has been a very kind and considerate landlord. His pride of ownership shows in the great condition he keeps the property with consistent maintenance as well as landscape upkeep. The City would benefit greatly if all property owners kept up' their parcels as he does. The five containers approximately 8' tall located on the back of the property are not visible from the street and Mr. DeAngelo has done everything he can to blend the containers in with the existing buildings. These containers are not unsightly and actually add value and enhance the property with needed storage. Appreciatively, — k AIA A— E 9 7-0O2-7 Received City of Costa mesa Development Services Department it I Oct 171707:36p Deangelo October 12, 2017 Mr. Roger Rath Assistant Planner City Of Costa Mesa Planning Department 77 Fair Drive Costa Mesa, CA 92628 19492730393 p.2 Re: Zoning Application ZA-16-37, Minor Conditional Use Permit to Allow Four Shipping Containers at 777 and 779 West 191- Street, Costa Mesa, CA. Dear Mr. Rath: I am writing you today to express my support for the approval of the Minor Conditional Use Permit (Zoning Application ZA-16-37) associated with the propert cated at 777 and 779 West 191h street in Costa Mesa. I am the owner of the property I the subject property. ocated it 89 )Nest 1911 Street, directly adjacent to The success of a business Is often times affected by the businesses around it. Being located next to the subject site has proven to be an asset for myself and my tenants. The awrer has consistently kept the property in excellent condition and insured that his tenants act with the same level of consideration and pride Of ownership. The Incorporation of the storage containers has been handled with professionalism and the desire to blend them with the rest of the property. They have been installed on concrete Slabs and have been Painted to match the existing buildings, making them appear to be an extension of that same building, My understanding Is that the owner will also Install enhanced landscape to co project and further shield the containers from neighbors. mplete the Business owners like this are exactly what we need in Costa Mesa - 'I urge you to approve this minor request and allow businesses like this to continue thrive and Ultimately he a benefit to h 0 Costa Mesa, the City f Thank you in adva e for our consi r tion, Sincerely, Received Development Services Department City Of Costa Mesa 6J2, WMA OCT 2 3 2017 ATTACHMENT 8 THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Jeremy Krout, representing Ray DeAngelo, the property owner, with respect to the real property r located at 777 and 779 West 19th Street; WHEREAS, the proposed project involves a minor conditional use permit to permit four shipping containers at the rear of the property and to allow a 10 -foot rear setback and 5 -foot side setback; WHEREAS, the Zoning Administrator decision to approve the project was made on September 7, 2017 with all persons having the opportunity to support or oppose the proposal; WHEREAS, a review of the Zoning Administrator decision of the project was filed on September 7, 2017; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 23, 2017 with all persons having the opportunity to speak for and against the proposal; WHEREAS, the Planning Commission upheld the Zoning Administrator's decision with modifications to permit only two shipping containers at the rear of the 777 West 19th Street property with a minimum 16 -foot rear setback; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of CEQA under Section 15301 for Existing Facilities; and WHEREAS, the CEQA determination for this project reflects the independent judgment of the City of Costa Mesa, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibits rf A-6-6AWT 171 =e =1177r7=72# 7-rr-37-, ?s amenN"#. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Minor Conditional Use Permit ZA-1 6-37 and upon the applicant's compliance with each and all of the conditions in Exhibits B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. Stephan Andranian, Chair Costa Mesa Planning Commission -50- STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF COSTA MESA ) 1, Barry Curtis, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC -17-4 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on October 23, 2017 by the following votes: AYES: de Arakal, Harlan, Kerins FWAII-"�&*Vg ABSTAIN: None Resolution No. PC -17-45 4 A. The proposed project complies with Title 13, Section 13-29(g)(2), Conditional Use Permit and Minor Conditional Use Permit, of the Municipal Code due to the following: Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. Parking impacts are not anticipated because the two shipping containers are restricted to storage use only as defined in conditions of approval. In addition, the use should not generate noise or other detrimental effects on the surrounding uses: The project is conditioned to operate only during regular business hours as specified within the conditions of approval. Finding: Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in support of Findings: Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate vicinity because the use is restricted for storage purposes only for the support/maintenance of the subject commercial property by the property owner or designee as defined in the conditions of approval. Finding: Granting the conditional use permit and minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Findings: Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation because shipping containers can be permitted per the Zoning Code, when certain criteria are met or with approval of a minor conditional use permit, subject to conditions of approval, to ensure the containers aro used as originally presented to Planning staff and the Zoning Administrator, Objective LU -6.2: Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that supports regional -serving commercial centers. Consistency: The approval of the two shipping containers will _�SZ_. continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers. Condition of approval number 1 requires that storage be limited to maintenance supplies, materials, tools and equipment to support the existing commercial structures on the subject property. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The use, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. C. The applicant shall submit a $181 Traffic Impact Fee to the Transportation Division prior to the effective date of the minor conditional use permit. The traffic impact fee is based upon the average daily trip generation of 2.50 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE; The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adapted by the City Council and in effect at that time. M0010 2-11:22007"M Ping. 1. Approval is limited to two shipping containers located in the rear of the property, behind 777 West 19{" Street, setback a minimum of 16 feet away from the rear property. The use of the shipping containers shall be limited to storage of only maintenance supplies, materials, tools, and equipment for the use of the property owner or his designee for the maintenance of the subject property. No businesses either on the property or off-site shall be permitted to store items in the containers. Storage of personal items unrelated to the maintenance of this property be stored within the containers shall be prohibited. Lastly, no work of any kind may occur in the containers. Any change in the operational characteristics including, but not limited to, additional storage or shipping containers, will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. Use of and access to the shipping containers shall be limited to regular business hours; i.e., 8 am to 5 pm, Monday through Saturday. 3. All shipping containers shall be well maintained and painted to match the exterior wall color of the permanent buildings. 4. A detailed landscaping plan compliant with the City's Zoning Code shall be submitted within 14 days of the final approval of ZA-16-37 (November 13, 2017). Plans shall address the entire site, including the re - landscaped front setback and the new planter and bamboo proposed along the rear property line. Landscaping per the approved plan shall be installed within 30 days of final approval of ZA-16-37 (November 29, 2017). 5. Building plans showing the removal of one container and relocation of the other four shall be submitted within 14 days of the final approval of ZA-16- 37 (November 13, 2017). The work approved under the building permits shall be completed no later than 30 days from final approval of ZA-16-37 (November 29, 2017) unless an extension is granted by the Zoning Administrator prior to the November 29, 2017 deadline. 6. Decorative fencing/locking gates shall be installed to secure access around the containers. Only the owner or his designee will be permitted to access these areas. Details regarding the fencing/gates shall be included within the Building plans required under condition of approval number 5 and shall be installed by the same final deadline. 7. A copy of the conditions of approval for the minor conditional use permit shall be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 8. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. — S/A — 9. Applicant shall defend, indemnify and hold harmless the City, its officials and employees, against all legal actions filed challenging City's approval of the applicant's project and/or challenging any related City actions supporting the approval. City shall have the right to select the attorney defending it, if it elects to do so. 10. If any section, division, sentence, clause, phrase or portion of this approval is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. 2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Bldg. 3, Comply with the requirements of the following adopted codes: 2016 California Residential Code, 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Cade, 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. Bus.. 4. All contractors and subcontractors must have valid business licenses to Lic. do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. & Business license shall be obtained prior to the initiation the business. Trans. 6. The applicant shall submit a $181.00 Traffic Impact Fee to the Transportation Division prior to the effective date of the minor conditional use permit. The traffic impact fee is based upon the average daily trip generation rate of I net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. ATTACHMENT 9 10/24/16 777 & 779 W. 19th Street Minor Conditional Use Permit Project Description The applicant is requesting consideration of a Minor Conditional Use Permit and Administrative Adjustment to allow for the placement of 5 cargo storage containers near the rear of the buildings (south end) for property located at 777 and 779 1 9th Street. The containers will be approximately 8 feet wide by 20 feet in length and stand approximately 8.3 feet in height. The City Zoning Code requires a setback of twice the height of the building/structure to the property line adjacent a residential zone. This Code requirement would require a setback of 16.6 feet along the rear property line and the proposed storage containers. The applicant is requesting an Administrative Adjustment to allow for an encroachment of 6.6 feet along the rear property line (adjacent the existing residential zone), yielding a setback of 10 feet at the nearest point along the property line. The containers will be used for storage of general equipment on-site and will be painted to match the existing buildings. The project site maintains approximately 2,182 square feet of landscape on site, not including gm landscape area adiacent the rear property area (area that has already been removed). The code requires 25 square feet of irrigated landscape area for each parking space. The current site has 49 parking spaces. 49 spaces times 25 square feet is 1,225 square feet of landscape required. The project meets and exceeds the landscaping requirement. ABIOS, JUSTIN From: Jeremy Krout <jeremy@epdsolutions.com> Sent: Tuesday, November 29, 2016 10:10 AM To: ARIOS, JUSTIN Subject: re: 777 19th st. Justin, here is a general list of items in or to be stored in the containers: 1. Vacuums (wet and dry) 2. Dusters, dustpans, mops, brooms and buckets 3. Clean Rags 4. Paint brushes and rollers 5. Water soluble paint 6. Stucco repair materials 7. Wood repair materials 8. Household cleaning supplies (floor, window and general surface cleaners) 9. Landscaping sheers 10. Shovels 11. Drywall and drywall repair 12. Roofing tiles and roofing repair 13. Ladders 14. Dolly's and carts for hauling equipment 15. Replacement carpet and carpet repair 16. Ceramic floor tiles and cutting machine 17. Washing and janitorial supplies, toilet paper, soap paper towels 18. Misc repair tools Thank you, Jeremy Krout E I P I D Solutions, Inc. eremy(p)eodsolutions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.epdsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: @EPDSOLUTIONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE, From: ARIOS, JUSTIN[ma ilto:JUSTIN.ARIOS(cDcostamesaca eov] Sent: Monday, November 28, 2016 4:15 PM To: Jeremy Krout <ieremv@epdsolutions.com> Subject: RE: 777 19th st. —56 — Hi Jeremy; Would you be able to expand on the type of supplies, materials, tools and equipment that will be stored in the containers? Is it going to be power tools and equipment? Are you storing any chemicals? As much as you can expand on what will be store in the containers, this is a question both Planning and Fire had. The project planner will be the one who can determine if the application is complete; I'm not sure if that is the only piece of information that is needed, most likely it isn't. If you have any questions or concerns, please feel free to contact me. Thanks, Justin Arios Assistant Planner City of Costa Mesa 714-754-5667 NOTE: Due to the holiday season, City Hall will be closed from Friday December 23 2016 through Monday January 2 2017. City Hall will resume regular business hours on Tuesday, January 3, 2017. From: Jeremy Krout [mailto:ieremv@epdsolutions comj Sent: Sunday, November 27, 2016 9:45 PM To: ARIOS, JUSTIN vUSTIN.ARIOS@costa mesaca gov> Subject: RE: 777 19th st. Hi Justin, The containers are used for building maintenance supplies, materials, tools and equipment. Please let me know if this response suffices since that is the only request in the letter to make the application complete. Thank you, Jeremy Krout E I P I D Solutions, Inc. ieremy(clepdsolutions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.epdsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: @EPDSOLUTIONS.COM and WWW,EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. From: ARIOS, JUSTIN fm ail to:JUSTIN.ARIOS@costa mesa ca ,Rov] Sent: Tuesday, November 22, 2016 8:33 AM To: Jeremy Krout <ieremv@epdsolutions.com> Subject: RE: 777 19th st. Hi Jeremy, Sorry for the late reply, but your proje�-c hasn't been assigned to a planner yet, buy nould be soon. And I will let you know who that is once I know. Attached is a letter requesting more information regarding the project. If you could respond to it, I can make sure the project planner, gets the response. If you have any questions or concerns, please feel free to contact me. Thanks, Justin Arios Assistant Planner City of Costa Mesa 714-754-5667 NOTE: Due to the holiday season, City Hall will be closed from Friday December 23 2016 through Monday January 2 2017. City Hall will resume regular business hours on Tuesday, January 3, 2017. From: Jeremy Krout fmailto:ieremv@epdsolutions.com] Sent: Friday, November 18, 2016 2:59 PM To: ARIOS, JUSTIN <JUSTIN.ARIOS@costamesaca.gov> Subject: 777 19th st. Hi Justin, Do you know which planner has been assigned to the MUP at 777 W. 19`h St? Thank you, Jeremy Krout EIPID Solutions, Inc. le rem Y6p)eodsol utions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.epdsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: @EPDSOLUTIONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. RATH, ROGER From: Jeremy Krout <jeremy@epdsolutions.com> Sent: Monday, August 07, 2017 5:27 PM To: RATH, ROGER Subject: FW: updated site plan for 777 19th Attachments: Site plan for 777 and 779 19th st - 4 containers.pdf Hi Roger, attached is an updated plan with 4 proposed containers and proposed landscaping along the rear wall in the form of bamboo in planters similar to the image below to screen views into the site. We're asking that the planters count towards the landscaping in the back as it will be easier to maintain, less water usage and accomplish the screening we've talked about. If you give the ok on this, we'd like to be scheduled for the next director's hearing. Also we'll accept as a condition of approval, we'll accept the need to prepare a landscape plan for the current landscaping out front. Thank you, Jeremy Krout EIPID Solutions, Inc. jeremy(c7epcisolutions.com 949.794.1181 direct 949.751.8993 cell 2030 Main St., Ste. 1200 Irvine, CA 92614 www.epdsolutions.com "NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: @EPDSOLUTIONS.COM and WWW.EPDSOLUTIONS.COM OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE. Respectfully yours, =\aymond DeAngelo President ' & Associates (714) 329-8669 Office (949) 723-0393 Fax RDeAngelol@gmail.com WWW.RADLEASE.NET _ �o2-- ATTACHMENT 10 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING MINOR CONDITIONAL USE PERMIT ZA-16-37 TO ALLOW TWO SHIPPING CONTAINERS AT THE REAR OF THE PROPERTY OF THE 777 WEST 19TH STREET BUILDING AT 777 AND 779 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Jeremy Krout, representing Ray DeAngelo, the property owner, with respect to the real property located at 777 and 779 West 19th Street; WHEREAS, the proposed project involves a minor conditional use permit to permit two shipping containers at the rear of the property and to allow a 10 -foot rear setback and 5 -foot side setback; WHEREAS, the Zoning Administrator decision was made on September 7, 2017, with all person having the opportunity to support or oppose the proposal; WHEREAS, a review of the Zoning Administrator decision of the project was filed on September 7, 2017; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 23, 2017, with all persons having the opportunity to speak for and against the proposal, and the modified project was approved by the Commission on a 3-2 vote; WHEREAS, a review of the Planning Commission's approval for the project was filed on October 27, 2017; WHEREAS, a duly noticed public hearing was held by the City Council on January 2, 2018, with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities; and WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of contained within Exhibit B, the City _43 Council hereby APPROVES Minor Conditional Use Permit ZA-16-37 with respect to the use described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Minor Conditional Use Permit ZA-16-37, and upon the applicant's compliance with each and all of the conditions in Exhibit B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 2nd day of January, 2018. ATTEST: SANDRA L. GENIS Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 18 as considered at a regular meeting of said City Council held on the 2nd day of January, 2018, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 2nd day of January, 2018, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2018 -105- EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), Conditional Use Permit and Minor Conditional Use Permit, of the Municipal Code due to the following: Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. Parking impacts are not anticipated because the two shipping containers are restricted to storage use only as defined in conditions of approval. In addition, the use should not generate noise or other detrimental effects on the surrounding uses: The project is conditioned to operate only during regular business hours as specified within the conditions of approval. Finding: Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate vicinity because the use is restricted for storage purposes only for the support/maintenance of the subject commercial property by the property owner or designee as defined in the conditions of approval Finding: Granting the conditional use permit and minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Findings: Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation because shipping containers can be permitted per the Zoning Code, when certain criteria are met or with approval of a minor conditional use permit, subject to conditions of approval, to ensure the containers are used as originally presented to Planning staff and the Zoning Administrator. Objective LU -6.2: Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that supports regional -serving commercial centers. Consistency: The approval of the two shipping containers will continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers. Condition of — (440 — approval number 1 requires that storage be limited to maintenance supplies, materials, tools and equipment to support the existing commercial structures on the subject property. B. The information presented complies with Costa Mesa Municipal Code Section 13- 29(e) in that: 1. There is a compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. The two shipping containers support and maintain the building by storing needed tools and materials. In addition, the shipping containers are required to be painted to match the building to create a seamless appearance and are placed behind existing commercial buildings and are, therefore, screened from view from West 19th Street. Landscaping is required to be added to screen the containers from the residential property to the south. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered and are not impacted by the proposed containers. 3. The two shipping containers comply with any performance standards as described elsewhere in the Zoning Code, and are conditioned to operate as described in this staff report. 4. The proposed use is consistent with the General Plan in that the General Commercial General Plan land use designation applies to areas intended for a wide range of commercial uses that serve both local and regional needs. The two shipping containers, as conditioned, are consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval, the two shipping containers should not adversely impact the surrounding uses and will be used in support of the existing commercial property. 5. The zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The applicant shall submit a $181 Traffic Impact Fee to the Transportation Division prior to the effective date of the minor conditional use permit. The traffic impact fee is based upon the average daily trip generation of 2.50 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. Approval is limited to two shipping containers located in the rear of the property, behind 777 West 19th Street, setback a minimum of 16 feet from the rear property line. The use of the shipping containers shall be limited to storage of only maintenance supplies, materials, tools, and equipment for the use of the property owner or his designee for the maintenance of the subject property. No businesses either on the property or off-site shall be permitted to store items in the containers. Storage of personal items unrelated to the maintenance of this property within the containers shall be prohibited. Lastly, no work of any kind may occur in the containers. Any change in the operational characteristics including, but not limited to, additional storage or shipping containers, will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. Use of and access to the shipping containers shall be limited to regular business hours; i.e., 8 am to 5 pm, Monday through Saturday. 3. All shipping containers shall be well maintained and painted to match the exterior wall color of the permanent buildings. 4. A detailed landscaping plan compliant with the City's Zoning Code shall be submitted within 21 days of the final approval of ZA-16-37. Plans shall address the entire site, including the re -landscaped front setback and the new planter and bamboo proposed along the rear property line. Landscaping per the approved plan shall be installed within 30 days of final approval of ZA-16-37. 5. Building plans showing the removal of three containers and relocation of the other two shall be submitted within 21 days of the final approval of ZA-16- 37. The work approved under the building permits shall be completed no later than 30 days from final approval of ZA-16-37 unless an extension is granted by the Zoning Administrator prior to the deadline. 6. Decorative fencing/locking gates shall be installed to secure access around the containers. Only the owner or his designee will be permitted to access these areas. Details regarding the fencing/gates shall be included within the Building plans required under condition of approval number 5 and shall be installed by the same final deadline. 7. A copy of the conditions of approval for the minor conditional use permit shall be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 8. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 9. Applicant shall defend, indemnify and hold harmless the City, its officials and employees, against all legal actions filed challenging City's approval of the applicant's project and/or challenging any related City actions supporting the approval. City shall have the right to select the attorney defending it, if it elects to do so. ._4e-."9-� 10. If any section, division, sentence, clause, phrase or portion of this approval is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. K . •• Bus. 4. Lic. 5 Trans. 6 Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance.. Comply with the requirements of the following adopted codes: 2016 California Residential Code, 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. Business license shall be obtained prior to the initiation the business. The applicant shall submit a $181.00 Traffic Impact Fee to the Transportation Division prior to the effective date of the minor conditional use permit. The traffic impact fee is based upon the average daily trip generation rate of 1 net trip ends for the proposed use. The fee is required we= to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING MINOR CONDITIONAL USE PERMIT ZA-16-37 TO ALLOW TWO SHIPPING CONTAINERS AT THE REAR OF THE PROPERTY OF THE 777 WEST 19TH STREET BUILDING AT 777 AND 779 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Jeremy Krout, representing Ray DeAngelo, the property owner, with respect to the real property located at 777 and 779 West 19th Street; WHEREAS, the proposed project involves a minor conditional use permit to permit two shipping containers at the rear of the property and to allow a 10 -foot rear setback and 5 -foot side setback; WHEREAS, the Zoning Administrator decision was made on September 7, 2017, with all person having the opportunity to support or oppose the proposal; WHEREAS, a review of the Zoning Administrator decision of the project was filed on September 7, 2017; WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 23, 2017, with all persons having the opportunity to speak for and against the proposal, and the modified project was approved by the Commission on a 3-2 vote; WHEREAS, a review of the Planning Commission's approval for the project was filed on October 27, 2017; WHEREAS, a duly noticed public hearing was held by the City Council on January 2, 2018, with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities; and WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of contained within Exhibit B, the City Council hereby DENIES Minor Conditional Use Permit ZA-16-37 with respect to the use described above. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 2nd day of January, 2018. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA SANDRA L. GENIS Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 18 - as considered at a regular meeting of said City Council held on the 7th day of November, 2018, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the2"d day of January, 2018, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2018 _T3, EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed project is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting approval of the project will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting approval of the project will allow a use, density, or intensity which is not in accordance with the General plan designation. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. —7-1-