HomeMy WebLinkAbout20190815_Staff Report
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 15, 2019
Agenda Item No. 3
SUBJECT: Jack’s Surfboards/Jack’s Girls Outdoor Sales Limited Term Permit
(Greater Than 90 Days) (PA2019-125)
Limited Term Permit No. XP2019-008
SITE LOCATION: 2727 Newport Boulevard
APPLICANT: Jack’s Surf & Sport, LLC
OWNER: Abdelmuti Development Company
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan: CV (Visitor Serving Commercial)
Zoning District : CV (Commercial Visitor-Serving)
Coastal Land Use Category: CV-A Visitor-Serving Commercial
Coastal Zoning District: CV Commercial Visitor-Serving
PROJECT SUMMARY
A Limited Term Permit for a period of 12 months to allow outdoor sales of store
merchandise within three parking spaces of the on -site parking lot in front of the Jack’s
Surfboards/Jack’s Girls location. Outdoor sales may take place on various dates
requested by the applicant, up to nine times throughout the 12 -month period beginning
with the date of the first sale requested in August 2019. Each sale would last up to four
consecutive days.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15304 (Minor Alterations to Land) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment ; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2019-008 (Attachment No. ZA 1).
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Jack’s Surfboards/Jack’s Girls Outdoor Sales Limited Term Permit (PA2019-125)
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DISCUSSION
The site is 0.94 acres, triangular in shape, and is bounded by Newport Boulevard
to the east, Balboa Boulevard to the west, 28th Street to the north, and 26th Street
to the south. It is a commercial site developed with two detached buildings
occupied by various commercial and service uses. Jack’s Surfboards/Jack’s Girls
occupies most of the square footage of the larger bu ilding, which is located within
the southerly portion of the site. The two detached buildings have associated
parking areas and there are a total of 86 parking spaces on the site. Vehicular
access is provided via driveway approaches from Newport Boulevard and Balboa
Boulevard.
The applicant is requesting approval of a limited term permit for a period of 12
months for the purpose of conducting outdoor sales of typical merchandise from
their retail stores. Limited duration uses that are in excess of a 90 day period are
allowed within the Commercial Visitor-Serving (CV) Zoning District with approval of
a Limited Term Permit by the Zoning Administrator.
As requested and recommended by staff, outdoor sales would be limited to nine
times throughout a 12-month period beginning with the date of the first sale
requested in August 2019 (Attachment No. ZA 3). Each sale may last up to 4
consecutive days (Attachment No. ZA 3).
The outdoor sales area will be located within three parking spaces (under portable
canopies) located adjacent to the Jack’s Surfboards storefront (Attachment No. ZA
3).
The applicant has provided, and the City Traffic Engineer has approved, a plan
which illustrates the placement of significant barricades that would be placed
around the perimeter of the outdoor sales area in order to delineate the sales area
from the adjacent parking spaces and drive aisles, and ensure the safety of
customers of the outdoor sale (Attachment No. ZA 3).
Outdoor sales would take place in conjunction with the normal hours of operation
of Jack’s Surfboards/Jack’s Girls; typically, from 8:00 a.m. to 9:00 p.m. Set-up for
the sale would occur prior to opening of the store. All unsold merchandise would
be removed from the outdoor sales area at the end of each sale date by 10:00 p.m.
Similar outdoor sales for Jack’s Surfboards/Jack’s Girls, as conditioned and in the
same location, have been conducted in the past with approval of the City and have
not proven detrimental.
The property is within the Coastal Zone however, these temporary events
authorized by a Limited Term Permit are exempt from the requirement of a Coastal
Development Permit pursuant to Section 21.52.035 D. (Special and Temporary
Events) of the Municipal Code.
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Jack’s Surfboards/Jack’s Girls Outdoor Sales Limited Term Permit (PA2019-125)
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ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15304, of the California Environmental
Quality Act (CEQA) Guidelines - Class 4 (Minor Alterations to Land), which exempts minor
temporary uses of land having negligible or no permanent effects on the environment of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The project qualifies
for this exemption because there will be no permanent improvements to the site. The canvas
canopies and temporary water barricades permitted to delineate the temporary sales area
within three parking spaces of the on-site parking lot during the sales are conditioned to be
removed at the end of each sale.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
JM/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Site Plan and Outdoor Sales Area Plan
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT NO. XP2019-008 FOR OUTDOOR SALES FOR JACKS
SURFBOARDS/JACK’S GIRLS LOCATED AT 2727 NEWPORT
BOULEVARD (PA2019-125)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jack’s Surfboards, with respect to property located at 2727
Newport Boulevard, and legally described as Lake Tract, Lot 4 Block 127, and Lots 5 to 14
including portion of Lots 2/3 lying northerly of 26th Street, and all -except street- Lots 15 to
19, including all in Block 127, Tract 418, requesting approval of a Limited Term Permit for
more than 90 days.
2. The applicant proposes a Limited Term Permit for a period of 12 months to allow outdoor
sales of store merchandise within three (3) parking spaces of the on-site parking lot in front
of the Jack’s Surfboards/Jack’s Girls location. The outdoor sales may take place on various
dates, up to nine (9) times throughout a 12-month period beginning with the date of the
first sale in August 2019. Each sale may last up to four (4) consecutive days.
3. The subject property is designated Visitor-Serving Commercial (CV) by the General Plan
Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor-Serving Commercial (CV-A 0.00- 0.75 FAR) and it is located within the
CV Coastal Zone District.
5. A public hearing was held on August 15, 2019 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The project qualifies for this exemption because there will be no permanent i mprovements
to the site. The two (2) canvas canopies and significant (water-filled or similar) barricades
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are permitted to delineate the temporary sales area within three (3) parking spaces of the
on-site parking lot during the sales and are conditioned to be removed at the end of each
sale.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040.G (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a Limited Term
Permit are set forth:
Finding:
A. The operation of the requested limited duration use at the location proposed and within the
time period specified would not be detrimental to the harmonious and orderly growth of the
City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood of the requested limited duration.
Facts in Support of Finding:
1. The limited term permit will allow outdoor sales, which will be limited to nine (9) times
throughout a 12-month period beginning with the date of the first sale in August 2019.
Each sale may last up to four (4) consecutive days.
2. Outdoor sales will be limited to the sale of typical store merchandise and will be
conducted in conjunction with the normal hours of operation of Jack’s
Surfboards/Jack’s Girls, typically from 8:00 a.m. to 9:00 p.m.
3. Set-up for each sale day will occur prior to opening of the store, and all unsold
merchandise will be removed from the outdoor sales area at the end of each sale
day.
4. The outdoor sales area will be limited to a maximum of three (3) parking spaces
located adjacent to the Jack’s Surfboards/Jack’s Girls storefront. Portable canopies
(approximately 10 feet by 10 feet) may be erected within the three (3) parking
spaces. As conditioned, no ADA parking spaces will be utilized as part of the outdoor
sales area.
5. In order to enhance patron safety from vehicular traffic, the applicant has provided
and the City Traffic Engineer has approved, a plan ill ustrating the placement of
significant barricades around the perimeter of the outdoor sales area to delineate it
from the adjacent parking spaces and drive aisles.
6. Similar outdoor sales for Jack’s Surfboards, as conditioned and in the same location
within the adjacent parking area, have been conducted in the past with approval of
the City and have not been proven detrimental.
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Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent to
and in the vicinity of the lot.
Facts in Support of Finding:
1. The site is a commercial property, which is .94 acres in size and developed with two
(2) detached buildings occupied by various retail a nd service uses. Jack’s
Surfboards/Jack’s Girls are retail sales stores which occupy most of the square
footage of the larger of the two (2) detached buildings, which is located within the
southerly portion of the site.
2. Outdoor sales will be conducted within three (3) parking spaces located directly in
front of Jack’s Surfboards/Jack’s Girls storefront. Based upon the site plan, the use
of the three (3) parking spaces will not impede traffic circulation on the site, nor will
it negatively impact required parking for other uses on the site. As conditioned, no
ADA parking spaces will be utilized as part of the outdoor sales area.
3. The subject site is bounded by Newport Boulevard to the east, Balboa Boulevard to
the west, 28th Street to the north, and 26th Street to the south. The adjacent rights-
of-way (Newport Boulevard and Balboa Boulevard) serve as buffers between the
nearby residential properties within the R-2 (Two-Unit Residential) Zoning District.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate.
Fact in Support of Finding:
1. The subject site has two (2) direct d riveway approaches, one (1) from Newport
Boulevard on the easterly side of the site and one (1) from Balboa Boulevard on the
westerly side. The location of the outdoor sales area will not impede access to the
site, and no traffic issues resulting from the outdoor sales are anticipated.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable to
the Zoning Administrator.
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Facts in Support of Finding:
1. As conditioned, a maximum of three (3) parking spaces (eighty-six (86) parking
spaces on site) will be utilized for the outdoor sales area, and no ADA parking spaces
will be utilized as part of the outdoor sales area.
2. It is anticipated that, in addition to customers whose destination would be Jack’s
Surfboards/Jack’s Girls, the outdoor sales could attract both pedestrian and
vehicular customers of other uses on the site as well as in the surrounding area.
3. Per City Code Enforcement records, previous outdoor sales conducted with approval
of a limited term permit by the City and conditioned similarly to this permit have not
negatively impacted the parking for neighboring uses on the subject site.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan Land Use Element category for the site is CV (Visitor-Serving
Commercial). The CV designation is intended to provide for accommodations,
goods, and services intended to primarily serve visitors to the City. The proposed
use is accessory to the existing retail use, will be utilized for a limited durat ion on-
site, and will not impede use of the site consistent with the CV designation.
2. The site is located in the CV (Commercial Visitor-Serving) Zoning District. The CV
zoning designation is intended to provide for areas appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City. The proposed
use is accessory to the existing retail use, will be utilized for a limited duration on -
site, and will not impede use of the site consistent with the CV designation. The CV
zoning district allows temporary uses as specified within the Zoning Code and the
proposed limited duration use is consistent with this designation.
3. The property is within the Coastal Zone. Temporary events authorized by a Limited
Term Permit are exempt from the requirement of a Coastal Development Permit
pursuant to Section 21.52.035 D. (Special and Temporary Events) of the Municipal
Code. Pursuant to 21.52.035 D., this Limited Term Permit meets the following
criteria: will not significantly impact public use of roadways or parking areas or
otherwise impact public use or access to coastal waters; will not occupy any portion
of a public sandy beach or the location is remote with minimal demand for public use;
and there is no potential for adverse effect of sen sitive coastal resources; a fee will
not be charged for general public admission; and does not involve permanent
structures or structures that involve grading or landform alteration for installation.
4. The site is not located within a specific plan area.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2019-008, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF AUGUST, 2019.
_____________________________________
Rosalinh Ung, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan except
as noted in the following conditions.
2. Anything not specifically approved by this limited term permit is prohibited and must be
addressed by a separate and subsequent review.
3. The outdoor sales shall be limited to nine (9) times throughout a 12-month period beginning
with the date of the first sale requested in August 2019. Each sale may last up to four (4)
consecutive days, provided the number of sale days does not exceed thirty (30) within the
12-month period. The dates requested by the applicant and approved with this permit are
as follows: 2019 - August 30, 31; September 1, 2; November 29, 30; December 1, 12, 13,
14, 15, 18, 20, 21, 22, 23, 24, 26, 27; 2020 – April 10, 11, 12; May 22, 23, 24, 25; July 2,
3, 4, 5. Any changes to the dates specified shall require that the City be notified in advance.
4. To request a change to the sale dates approved with this Limited Term Permit, the
applicant shall submit a letter to the Community Development Director requesting the
change at least one (1) week prior to the new date.
5. This Limited Term Permit shall expire twelve (12) months from the date of the first sale
requested in August 2019, unless an extension of up to one (1) additional period of 12
months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time
Limits and Extensions) of the Zoning Code. A letter requesting the extension shall be
submitted to the Planning Division no later than thirty (30) days prior to the expiration date
of this permit.
6. The Limited Term Permit shall be limited to outdoor sales of merchandise associated with
Jack’s Surfboards/Jack’s Girls only and does not permit outdoor sales as an independent
use. The sale of snacks, food and beverages shall be prohibited.
7. Outdoor sales shall take place in conjunction with the normal hours of operation of Jack’s
Surfboards/Jack’s Girls, typically from 8:00 a.m. to 9:00 p.m. Set-up for the sale shall occur
before the store opens. All areas shall be kept clean throughout the day. Any unsold
merchandise and any related items shall be removed from the outdoor sales area at the
end of each sale date by 10:00 p.m. The significant (water-filled or similar) barricades may
remain until the end of the last date of each sale.
8. The outdoor sales area shall occupy no more than three (3) parking spaces located directly
in front of the Jack’s Surfboards storefront as shown on the approved site plan
(approximately 20 feet by 10 feet for a total of 200 square feet) and shall not extend into
the public right-of-way. No ADA parking spaces shall be utilized as part of the outdoor
sales area.
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9. The outdoor sales area shall be separated from the adjacent building by a minimum of 20
feet.
10. No activities related to the outdoor sales are permitted on public property including any
portion of a public street or public sidewalk.
11. The outdoor sales shall not create a pedestrian or traffic hazard. The sales area shall be
surrounded by significant barricades (i.e. water-filled barricades or other barricades
approved by the Planning Division and Public Works Department) to delineate the sales
area and provide patron safety from adjacent vehicular traffic.
12. Any change to the approved plot plan/site plan delineating the location of the outdoor sales
area, barricade locations, and barricade type shall be reviewed and approved by the
Planning Division and City Traffic Engineer prior to the sale date and shall be submitted to
the Planning Division to be included in the project file.
13. The sales area shall be signed to clearly identify that the area is closed for vehicular
parking.
14. No posting of promotional signs is permitted on any portion of public property, including
trees, utility poles, street signs, etc. All signage located on-site shall comply with Chapter
20.42 (Sign Standards) of the Zoning Code.
15. No amplified sound is permitted.
16. No smoking or open flames are permitted inside the canopies.
17. The sales area and vicinity will be kept clean at all times.
18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Jack’s Surfboards/Jack’s Girls Outdoor Sales including, but not limited to,
XP2019-008 (PA2019-125). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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FIRE
19. Tents and canopies having an aggregate area in excess of 400 square feet will not require
a permit if the following is provided: a. fabric tent is open on all sides, individual tent does
not exceed a maximum size of 700 square feet, tents placed side-by-side to not exceed
an aggregate area of 700 square feet, and a minimum clearance of twelve (12) feet is
maintained to all structures and other tents.
20. Provide a 2A-10BC extinguisher outside.
21. No outdoor heaters are permitted.
PUBLIC WORKS
22. All vehicles shall be lawfully parked. No fire lane exemptions.
23. No activity is permitted within the public right-of-way.
24. No posting of promotional signs is permitted on any portion of the public right-of-way,
including trees, utility poles and street signs, etc.
25. No exclusive use of public parking areas is permitted.
26. Activities shall not create a pedestrian or traffic hazard. Prevent crowds from blocking
sidewalks or standing in drive aisle.
27. Sales event area shall be surrounded by significant barricades (i.e. water-filled barricades),
to delineate the sales area and provide patron safety from adjacent vehicular traffic within
the parking lot.
28. The sales area shall be clearly signed to identify that the sales area is closed to vehicular
traffic and parking.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2019-008
PA2019-125
2727 Newport Boulevard
Subject Property
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Attachment No. ZA 3
Site Plan and Outdoor Sales Area Plan
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