HomeMy WebLinkAbout49 - PH-3 - Attachment 6 - 1/2/2018A04*" REPOMT
MEETING DATE: OCTOBER 23, 2017 ITEM NUMBER:
SUBJECT: REVIEW OF • • • PERMIT FOUR
CONTAINERS FOR•- AT THE REAR OF THE PROPERTYAND TO
ALLOW REDUCED REAR AND SIDE YARD SETBACKS AT 777 AND 779 WEST
19TH STTEET
DATE: OCTOBER 12, 2017
PRESENTATION BY: ROGER RATH, ASSISTANT PLANNER
FOR FURTHER INFORMATION CONTACT: ROGER RATH (714) 754-5609
roger.rath@costamesaca.gov
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.
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.
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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.
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).
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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. ov/Modules/ShowDocument.as x?documentid=27251
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.
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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.
Below is a comparison of the Code requirements versus what is proposed for the
containers:
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.
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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.
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
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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.
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.
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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.
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.
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.
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The draft resolution has been reviewed and approved as to form by the City Attorney's
Office.
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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.
The Planning Commission may take the following actions:
1. Uphold the Zonina Administrator's decision to approve the proiect The Planning
Commission may approve the project subject to the current conditions of
approval.
2. Approve the protect subject to revised conditions of approval. 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 Zonin_q Administrator's decision and deny the ro'ect. 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.
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
00201-C
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 CUIS, 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 Directo
Interim Assistant Development Services Direct
Senior Deputy City Attorney
Public Services Director I
City Engineer
Fire Protection Analyst
File
Applicant- Jeremy Krout
2030 Main Street , Suite 12
Irvine, CA 92614 1
Owner: Ray DeAngelo
PO Box 19608
Irvine, CA 92614
WGS-1 984-Web-Mercator_Auxiliary.Sphere
0 Latitude Geographics Group Ltd.
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[] Costa Mesa
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