BACKGROUND
Project Description
The subject property is zoned C-M (Commercial Industrial) and was previously used as surface parking lot. The Applicant occupied the site prior to the approval of a CUP. After occupancy, City staff contacted the business owner and informed them of the need for a CUP.
The CUP would establish a recreational vehicle and boat storage facility that would accommodate 82 striped parking stalls. Parking stalls would have varying widths of 10 to 14 feet and lengths of 20 to 55 feet. The Applicant is proposing and/or has made considerable improvements to the site, including but not limited to:
- Installation of an electronic keypad and gate (northeast corner of the site)
- Installation of 24-hour surveillance cameras
- Installation of 14 solar powered lights attached to existing light standards
- Installation of privacy fence (Barb wire is not allowed or would be approved)
- Re-striping of the parking lot
The Applicant has executed a limited lease term with the property owner. For this reason, staff has identified this project as an interim use and included a condition of approval that would limit the approval to a five-year term and allow the Applicant to submit to the Community Development Director for annual extensions, not to exceed a total of ten years from the date of approval.
Planning Commission’s Review
On November 24, 2020, the Planning Commission held a public hearing to consider the proposed project and approved CUP No. 20-15 by a vote of 5-0. The Planning Commission staff report, meeting minutes, and adopted Resolution are provided as Attachments 2-4, respectively.
During the public hearing, the Commission expressed concerns about the project’s ability to satisfy the requirements for screening the project from public view, the process and timeline for extending the CUP, activities occurring on the property, and retroactive approval of the CUP. In an effort to address these concerns, Conditions C, E, G, H were modified by the Commission, as described below:
- Condition C was modified to reduce the time period of expiration from five years to three years and include an additional Planning Commission approval after the three-year period.
- Condition E was modified to correct the right turn only to left turn only to meet adequate turning radius onto Berry Street.
- Condition G was modified to require a new landscaping plan subject to the Planning Commission’s approval and provide a professional landscaping maintenance agreement to the City Planner.
- Condition H added language to include no vehicle maintenance, repair, washing or detailing allowed on site.
On December 4, 2020, Rob Camire (Applicant), filed an appeal application with the City Clerk (Attachment 5). As part of the appeal the Applicant is requesting that Conditions C and G, as modified by the Commission, revert back to the language recommended by staff. The Applicant believes that the conditions are unnecessary and unreasonable. The Applicant also believes that these conditions would be a financial burden and a time-consuming effort for the business operation.
DISCUSSION
The Applicant is requesting the City Council to uphold staff’s original Condition C and Condition G language. The Planning Commission modified these conditions as reflected in Table 1 below:
TABLE 1 – Original and Modified Conditions
| |
Original Staff Recommendation |
Planning Commission Approval |
| Condition C |
The approval hereafter granted shall automatically expire and be of no effect unless extended, after a five (5) year period. The permit may be extended annually with one-year extensions, not to exceed five (5) extensions subject to a Plan Review approved by the Community Development Director. |
The approval hereafter shall automatically expire and be of no effect, unless extended, after a three (3) year period. The permit may be extended annually with one-year extensions, not to exceed seven (7) extensions subject to the review and approval of the Planning Commission. Further extensions shall be subject to the review and approval of the Community Development Director. |
| Condition G |
All existing and new landscaping shall be kept free from weeds and debris,
maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All diseased, dead, damaged or decaying plant material shall be removed and |
The Applicant must submit a new landscaping plan, subject to the Planning Commission’s approval, for full visual screening of the fencing and storage operations and regularly scheduled professional landscaping. The Applicant shall provide proof to the City Planner’s satisfaction of a professional landscaping maintenance agreement. All landscaping shall be kept free from weeds and debris, maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All diseased, dead, damaged or decaying plant material shall be removed and replaced with the approval of the City Planner. |
The Planning Commission recently approved a similar interim use to allow for the Father’s House Church in the former AMC movie theater at 245 W Birch Street. A condition of approval was attached to this project that read “The CUP shall be valid for a term of three years from the effective date of approval. If the applicant wishes to extend the lease of the facility, the Community Development Director may extend the term of the CUP annually, not to exceed seven consecutive extensions for a total of ten years from the effective date of approval.”
In an effort to be consistent, staff recommends that the CUP approval expire after five years. After the five years, the permit may be extended annually with one (1) year extensions, not to exceed five (5) extensions subject to a Plan Review approved by the Community Development Director. Staff recommended Condition C language would allow for sufficient re-evaluation of the approved CUP and monitor all original conditions of approval with the ability to remedy any possible conflicts without the burden of a Planning Commission approval.
The project site provides proper screening from the public right-of-way achieved by the combination of the already approved eight-foot tall fence and existing landscaping of lineal shrubs alongside the east side of the property. The City Planner and the Applicant would then work together for the Applicant to provide additional landscaping in areas of need. Staff does not see a benefit of a new landscape plan that needs to go back to Planning Commission given that visual screening is already provided. The staff recommended Condition G language would comply with all applicable landscaping requirements in the most effective way to assist the small business owner.
CONCLUSION
Staff supports the Commission modifications to Conditions E and H. Staff does not support the modifications to Conditions C and G due to the limited-term of the CUP, maintenance of the existing landscape, and new eight-foot tall fence. The project would continue to conform with all the requirements of the General Plan and Brea Municipal Code. Moreover, the proposed recommendation is not anticipated to have an adverse effect on public health, safety, or general welfare. Therefore, staff recommends approval of the appeal.
ENVIRONMENTAL ASSESSMENT
In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301.a, Class 1, Existing Facilities. |