HomeMy WebLinkAbout20191108_ZA Action LetterCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
November 14, 2019
Pavilions Grocery Store
Attn: Lisa Kinneburg
3100 Balboa Boulevard
Newport Beach, CA 92663
s3005c90@safeway.com
Subject: Limited Term Permit – Less than 90 days No. XP2019-009 (PA2019-177)
3100 Balboa Boulevard
Pavilions Limited Term Permit
Dear Ms. Kinneburg,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
November 8, 2019 and effective on November 23, 2019. A copy of the approved
action letter with findings and conditions is attached. If you have any questions,
please do not hesitate to contact me directly. Thank you and I look forward to working
with you again in the future.
For additional information on filing an appeal or should you have any questions,
please contact our office at 949-644-3200 or you may contact me directly at 949-644-
3249 or mnova@newportbeachca.gov.
Sincerely,
GR/mkn
cc:
The Landing M3 Llc.
601 Anthon Boulevard #1400
Costa Mesa, CA 92626
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Application No. Limited Term Permit No. XP2019-009 (PA2019-177)
Applicant Pavilions Grocery Store
Site Address
3100 West Balboa Boulevard
Pavilions Temporary Trailer
Legal Description Parcel 1 of Parcel Map No. 2009-135, as per map filed in Book
371, Pages 4 through 6 of Parcel Maps, in the office of the
County Recorder in the County of Orange, California
On November 8, 2019, the Zoning Administrator approved a limited term permit to allow
one 40-foot storage trailer within the loading dock for a less than 90-day duration at the
rear of the Pavilions Grocery Store within The Landing Shopping Center. The trailer will
be used to store nonperishable store merchandise for a limited period (September 20,
2019 through December 19, 2019). The property is located in the CN (Commercial
Neighborhood) Zoning District. The approval is based on the following findings and subject
to the following conditions:
FINDINGS
Finding:
A. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 11 (Accessory Structures)
Fact in Support of Finding:
1. Class 11 exempts the placement of seasonal or temporary use of items such as
lifeguard towers, mobile food units, portable restrooms, or similar items . The
proposed temporary trailer will be placed within the rear of the shopping center in
an existing loading dock area for a temporary time period (less than 90 days) and
will be ancillary to an existing commercial development.
Pavilions Temporary Trailers (PA2019-177)
November 8, 2019
Page 2
Finding:
B. The operation of the 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, nor 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 use;
Facts in Support of Finding:
1. The limited term permit will allow one storage trailer to store nonperishable store
merchandise as conditioned. The trailer will not have a refrigeration or heating unit.
2. The placement of the storage trailer is limited from September 20, 2019 through
December 19, 2019, to reduce the visual conflicts with surrounding residents. The
applicant is seeking a permanent solution to store nonperishable merchandise and
accommodate the store’s back-of-house needs.
3. Trailers have been parked at the loading dock on holiday weekends in the past and
the use has not proven to be detrimental.
4. The location of the storage unit in the loading dock area will not displace other loading
activities at the loading dock due to the size of the loading dock, the limited size of
the request (one 40-foot trailer), and volume of anticipated deliveries. Thereby, the
trailer location avoids the loading and unloading activities in areas not previously
used for said activity.
5. Conditions of approval require the location of the trailer within the loading dock area,
which is approximately 100 feet from the nearest residence and will be partially
screened by existing trees and landscaping along 30th Street.
Finding:
C. 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 subject lot is approximately 3.75 acres in size. Based upon the site plan, there
is adequate area to accommodate the proposed trailer and existing uses without
impacting vehicle circulation. The storage trailer will be located within the loading
dock for a limited duration (less than 90 days).
2. The lot is bound by Balboa Boulevard to the west, Newport Boulevard to the east,
32nd Street to the north, and 30th Street to the south. The adjacent right-of-way (30th
Street) separates the lot from nearby residential properties within the R-2 (Two-Unit
Pavilions Temporary Trailers (PA2019-177)
November 8, 2019
Page 3
Residential) Zoning District. A public parking lot is located directly across 30th Street,
adjacent to where the trailer will be parked.
Finding:
D. 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;
Facts in Support of Finding:
1. The subject lot has four direct driveway approaches taken from Newport Boulevard,
32nd Street, Balboa Boulevard, and 30th Street. The 40-foot trailer’s location within
the loading dock will not impede access or truck access to the loading dock at the
rear of the grocery store. No traffic or site circulation issues are anticipated.
2. The trailer will be parked at the loading dock and will not generate additional traffic
or impede access to nearby parking or loading areas.
3. The limited duration (less than 90 days) use is for one storage trailer for the grocery
store to keep nonperishable merchandise while a more permanent storage solution
is sought to accommodate the store’s back-of-house needs.
Finding:
E. 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; and
Fact in Support of Finding:
1. The proposed limited duration use will not create additional parking demand since
the trailer will be utilized to store nonperishable merchandise for the grocery store.
The public will not have direct access to the temporary storage trailer.
Finding:
F. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is Neighborhood Commercial
(CN). The CN designation is intended to provide for a range of retail and service
uses developed in one or more distinct centers oriented to serve the needs of and
maintain compatibility with residential uses in the immediate area. The proposed
Pavilions Temporary Trailers (PA2019-177)
November 8, 2019
Page 4
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 CN designation.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN
designation is intended to provide for a range of retail and service uses developed
in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The proposed use is
ancillary 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 CN designation. The CN Zoning
District allows temporary uses as specified within the Zoning Code and the proposed
limited duration use is consistent with this designation.
3. The site is not located within a specific plan area.
CONDITIONS
(Project-specific conditions are in italics)
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 storage trailer shall be located within the rear loading dock as shown on the site
plan (Attachment No. ZA 2). The trailer shall not be refrigerated or utilize a generator.
4. The storage trailer shall be limited to the storage of nonperishable store merchandise.
Alcohol shall not be stored within the temporary trailer.
5. The 40-foot temporary storage trailer is permitted on-site from September 20, 2019,
through December 19, 2019. Storage of a trailer or trailer on-site other than the dates
specified is prohibited.
6. The applicant shall provide a 24-hour contact number for emergencies, complaints,
or concerns to Code Enforcement and interested parties upon request during the
time period the trailer are authorized.
7. The temporary trailer shall not restrict vehicle circulation, truck access to the loading
dock, or the public right-of-way at the rear of the grocery store.
8. Access for emergency vehicles must be maintained around the temporary trailer
within the loading dock. Twenty feet of clearance is required in all other areas of the
required fire access roadway around Pavilions Grocery Store.
9. The trailer shall not block any firefighting equipment such as fire hydrants, standpipe
connections, or fire department connections.
Pavilions Temporary Trailers (PA2019-177)
November 8, 2019
Page 5
10. The storage trailer must be registered by the Department of Motor Vehicles (DMV)
to be exempt from requirements for building permits.
11. The Limited Term Permit is for the operation of one temporary storage trailer on-site
for the dates specified and does not authorize the use or operation of additional
storage trailer on-site.
12. Loading and unloading or merchandise for the grocery store shall only occur at the
loading dock.
13. Should the temporary storage trailer become a detriment to the public health,
comfort, convenience, safety, and general welfare of the peace and quiet of the
neighboring properties and their inhabitants, this permit may be revoked.
14. 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 Pavilions
Temporary Trailer including, but not limited to, Limited Term Permit No. XP2019-
009 (PA2019-177). 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development, within fourteen (14) days following the date the action or decision was
rendered unless a different period of time is specified by the Municipal Code. For additional
information on filing an appeal, contact the Planning Division at 949-644-3200.
_______________________________________________
James Campbell, Zoning Administrator
GR/mkn
Attachments: ZA 1 Vicinity Map
ZA 2 Site Plan
Attachment No. ZA 1
Vicinity Map
VICINITY MAP
Limited Term Permit No. XP2019-009
(PA2019-177)
3100 West Balboa Boulevard
Temporary
Storage
Trailer
Attachment No. ZA 2
Site Plan
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3100 Balboa Boulevard
Pavilions Grocery Store
ARCHITECTS ORANGE
144 HORTH ORANGE ST .. ORANGE. CALIFORNIA 92866 /714) 839-9860
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