HomeMy WebLinkAbout47 - PH-3 - Attachment 4 - 1/2/2018September 7, 2017
CITY OF COSTA MEbA
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: TO PERMIT FOUR SHIPPING
CONTAINER STORAGE AT THE REAR OF THE PROPERTIES AND TO
ALLOW A 10 -FOOT SETBACK
777 & 779 WEST I 9THSTREET, 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 roger, rathpcostamesaca gov.
Sincerely,
xi
--WILIA-BoUVVENS--KI'LL-EEN;-A4_.
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) 754.5245
FAX (714) 754-4856 - www.costamesaca,gov
ZA-16-37
September 7, 2017
Page 2 of 8
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 Cl -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:
ZA-16-37
September 7, 2017
Page 3 of 8
Floor Area Ratio .30 FAR .38 FAR Existin .40 FAR
Parking 49 Existin 49
Interior landsca in 1,225 s ware 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
ZA-1 6-37
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.
191WO
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 19x" 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.
—
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.
B. 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.
ZA-16-37
September 7, 2017
Page 6 of 8
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.
& 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
R 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.
zu
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
ZA-1O-37
September 7.2O17
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
permit based upon any changes in the prevailing schedule of charges
adopted by the City Council and in effect at that time.
10/24/16
777 & 779 W. 1911 Street Minor Conditional Use Permit
Project Description
[7 - UnTMUMnon OT U F - I=e tle_rmit and Administrative AcIlustme
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
itorage 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, 091��
lonciscooe or a adiacen * Lf�hat ha
t q rear penootty eiror 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.
ARIOS, JUSTIN
From: Jeremy Knout^genemy@eodso|utions.com>
Sent: Tuesday, November 29, 2016 10:10 AM
To; ARIOS,]USTIW
Subject: re: 777 19th st.
Justin,
here is a general list of items in or to be stored in the containers:
2. Vacuums (wet and dry)
2. Dusters, dustpans, mops, brooms and buckets
3. Clean Rags
4. Paint brushes and rollers
5. Water soluble paint
G. 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
lG. Ceramic floor tiles and cutting machine
17. Washing and janitorial supplies, toilet paper, soap paper towels
18. K4isc repair tools
Jeremy Krout
949.794.1 181 direct
949.751.8993 cell
Irvine, CA 92614
OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE.
Sent: Monday, November 28, 2016 4:15 PM
Subject: RE: 777 19th st.
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 ifthat isthe only
piece ufinformation that isneeded, most likely itisn't.
If you have any questions or concerns, please feel free to contact me,
Thanks,
]ustinArios
Assistant Planner
Citv of Costa Mesa
714-754-5667
NOTE.! Due tothe holiday season,
2017. City Hall will resume regular business hours on Tuesday, January 3, 2017.
From: Jeremy
Sent: Sunday, November 27,Z8269:45PM
To: AR|OSiJUSTIN
Subject: RE: 77729thst.
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
949.794.1 181 direct
949.751.8993 cell
2030 Main St., Ste. 1200
Irvine, CA 92614
"NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: (PfPQSOLU11QN5SQM and
OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE.
From: AR|OS,JUSTIN
Sent: Tuesday, November 22,2O168:33AM
To: Jeremy Krout
Subject: RE: 7771Qthst.
Hi Jeremy,
Sorry forthe late reply, butyour projeLc hasn't been assigned to a planneryet, 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.
Justin Arios
Assistant Planner
NOTE: Due to the holiday season, City.Hallwillbe closed from Friday, December 23, 2016 through Monday, January 2.
2017. City Hall will resume regular business hours on Tuesday, January 3, 2017,
Sent: Friday, November 18, 2016 2:59 PM
Subject: 777 19th st.
Hi Justin, '
Thank you,
Jeremy Krout
EIPID Solutions, Inc.
949.794.1181 direct
949.751.8993 cell
2030 Main St., Ste. 1200
Irvine, CA 92614
"NOTE OUR EMAIL AND WEB ADDRESSES HAVE CHANGED TO: EPDS LUTIONS.COM and
OUR PRIOR EMAIL AND WEB ADDRESSES WILL REMAIN ACTIVE.
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