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HomeMy WebLinkAbout43 - PH-3 - Review of PC Modification of ZA-16-37 - 1/2/2018 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