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HomeMy WebLinkAbout53 - PH-3 - Attachment 10 - 1/2/2018WHEREAS, 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 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. 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 ) 1, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of ihe 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: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 2018 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 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. & 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. 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. •r � 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. go 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 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. 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 7,•• mim le:111111111111rille, ZEN= • or portion •` this resolution, or the i• in the record in •ii • this resolution, are for any reason held to •' invalid or unconstitutional • a decision •' any court •` competent jurisdiction, such decision shall not affect the validity • the remaining provisions. � 111 VA PAY61 A CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA — -�2- -I- STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 1, 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 the2nd day of January, 2018, by the following roll call vote: IN WITNESS VIAEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of �, 2018 I I I X 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 :tr 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 • Resources Code • 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not •, carried • C. The project is exempt from Chapter X11, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. -7-1-