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HomeMy WebLinkAboutPA2023-0099_20230615_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 June 15, 2023 Lisa Kinneberg 3100 W. Balboa Blvd Newport Beach, CA 92663 s3005c90@safeway.com Subject: PA2023-0099 3100 W. Balboa Pavilions Temporary Refrigerated Trailers Dear Lisa: 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 June 15, 2023 and effective on June 30, 2023. 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. Sincerely, DL/oo cc: The Landing M2, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 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 Subject: Pavilions Temporary Refrigerated Trailers (PA2023-0099) ▪ Limited Term Permit Site Location 3100 Balboa Boulevard Applicant Pavilions Grocery Store Legal Description Parcel 1, Block 371, Page 4 On June 15, 2023, the Zoning Administrator approved a Limited Term Permit (Less than 90 days) to allow the temporary placement of one 25-foot-long electric produce refrigeration trailer within the loading dock and one 40-foot-long electric ice trailer adjacent to the loading dock at the rear of the Pavilions Grocery Store within The Landing Shopping Center. The trailers' refrigeration units will only operate between 7 a.m. and 9 p.m., daily, to store ice and produce for an eight-day period (June 29, 2023, through July 6, 2023). The applicant will incorporate a noise reduction plan that includes sound barrier blankets on the backside of both trailers. The property is in the CN (Commercial Neighborhood) Zoning District. This approval is based on the following analysis and findings and is subject to all conditions of approval listed thereafter. I. LAND USE AND ZONING • General Plan Land Use Plan Category: CN (Neighborhood Commercial) • Zoning District: CN (Commercial Nieghborhood) • Coastal Land Use Plan Category: CN (Neighborhood Commercial – 0.0 to 0.30 FAR) • Coastal Zoning District: CN (Commercial Neighborhood) II. 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 Pavilions Temporary Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 2 Tmplt: 07/25/19 proposed temporary trailers will be placed within the rear of the shopping center for a limited time and will be ancillary to an existing commercial development. 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 two (2) temporary electric refrigeration trailers to store ice and produce on-site for eight days during the Independence Day holiday weekend, beginning on June 29, 2023. 2. Condition of Approval No. 8 requires sound blankets to be applied to the trailers to help reduce the noise of electric refrigeration units. Condition of Approval No. 7 limits operation of the electric refrigeration units to between the hours of 7 a.m. and 9 p.m., daily. These operational conditions will help to reduce the possibility of excess noise to surrounding residents. 3. Condition of Approval No. 3 requires the location of the trailer within and adjacent to 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. The generators will be oriented to face away from nearby residents. 4. Electric refrigeration trailers have been used at the subject property on holiday weekends during similar hours in the past and the use has not proven detrimental. 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 and the past temporary placement of trailers, there is adequate area without impacting vehicle circulation. The ice trailer will be located adjacent to the loading dock and will occupy two required parking spaces for a limited, eight-day duration. 2. The lot is bounded 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 Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 3 Tmplt: 07/25/19 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 along Newport Boulevard, 32nd Street, Balboa Boulevard, and 30th Street. The 40-foot-long ice trailer that is adjacent to the loading dock will not impede access to and around the loading dock at the rear of the grocery store. The ice trailer will occupy two required parking stalls for a limited, eight-day duration. The 25-foot-long produce trailer’s location within the loading dock will still allow for deliveries within the other half of the loading dock during the eight- day duration and will not impede any parking spaces. No traffic or site circulation issues are anticipated. 2. The produce trailer will be located within the loading dock and will not generate additional traffic or impede access. 3. The limited duration use is for two temporary electric refrigeration trailers for the grocery store to store ice and produce during the holiday weekends when significant demand is anticipated. 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; Fact in Support of Finding: 1. The proposed limited duration use will not create additional parking demand since the two trailers will be used to store ice and produce for the grocery store. The two parking spaces that the ice trailer will occupy will not have a detrimental effect on parking demand within the shopping center since these spaces are typically underused due to their location at the rear loading dock area. The public will not have direct access to the temporary electric refrigeration trailers. 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. Pavilions Temporary Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 4 Tmplt: 07/25/19 Facts in Support of Finding: 1. The General Plan land use category 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 and maintain compatibility with residential uses in the immediate area. 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 CN designation. 2. The site is 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 trailers are 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 located in the Neighborhood Commercial (CN) land use category of the Coastal Land Use Plan and is within the Neighborhood Commercial (CN) Coastal 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 and maintain compatibility with residential uses in the immediate area. Table 21.20- 1 of the NBMC indicates that temporary uses and accessory structures are allowed within the CN Coastal Zoning District. As the project is the temporary placement of one 25-foot-long electric produce refrigeration trailer within the loading dock and one 40-foot-long electric ice trailer adjacent to the loading dock, it is exempt from obtaining a coastal development permit consistent with Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of the Newport Beach Municipal Code (NBMC). The project’s operation is not within a sensitive area and is not expected to be detrimental to any coastal resources, including access and views. 4. The site is not located within a specific plan area. III. CONDITIONS OF APPROVAL 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 temporary electric refrigeration trailers shall be located within the rear loading dock and adjacent to the rear loading dock area as shown on the site plan (Attachment No. ZA 3). The generator on the ice trailer shall face away from the nearby residences and shall be oriented southeast toward 3011 Newport Boulevard. Pavilions Temporary Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 5 Tmplt: 07/25/19 4. The temporary electric refrigeration trailers shall be limited to the storage of ice and produce for the grocery store. Alcohol and other store merchandise shall not be stored within the temporary trailer. 5. The 40-foot temporary electric refrigeration trailer for ice is permitted on-site for an eight-day duration from June 29, 2023 through July 6, 2023. Storage of a trailer or trailers on-site other than the dates specified is prohibited. 6. The 25-foot temporary electric refrigeration trailer for produce is permitted on-site for an eight-day duration from June 29, 2023 through July 6, 2023. Storage of a trailer or trailers on-site other than the dates specified is prohibited. 7. Operation of the refrigeration units within the temporary trailers shall be limited to the hours of 7 a.m. to 9 p.m., daily. If the hours of operation are not adhered to, the applicant shall be subject to fines in accordance with Newport Beach Municipal Code (NBMC) Chapter 1.05.020 (Authority and Administrative Citation Fines). Fines may reflect the maximum amount, as authorized by the City Manager or his/her designee. 8. The refrigeration trailers shall comply with the noise standards of Chapter 10.26 (Community Noise Control) of the NBMC. The maximum noise generated by the proposed use shall not exceed a noise level equal to the value of the noise standard plus 20 DBA for any period of time, as measured using A-weighted slow response. Sound barrier materials (blankets) shall be installed at all times to inhibit the noise. The Code Enforcement Officer may require additional sound testing and attenuation at his/her discretion to comply with the noise standards of the Municipal Code. 9. 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 trailers are authorized. 10. The applicant shall identify an individual whose job it is to shut down the generator on or before 9 p.m. each evening. This person’s name shall be provided to the City of Newport Beach Police Department Watch Commander via email each day that the generator is in operation. 11. The generators on each temporary electric refrigeration trailer shall be set back 20 feet from the rear property line along 30th Street and 5 feet from any adjacent structures. 12. The temporary trailers shall not restrict vehicle circulation, truck access to the loading dock, or the public right-of-way at the rear of the grocery store. 13. Access for emergency vehicles must be maintained around the temporary trailer within the parking area. A minimum clearance of 14 feet is required adjacent to the trailer. Twenty feet of clearance is required in all other areas of the required fire access roadway around Pavilions Grocery Store. Pavilions Temporary Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 6 Tmplt: 07/25/19 14. The trailers shall not block any firefighting equipment such as fire hydrants, standpipe connections, or fire department connections. 15. The refrigeration trailers must be registered by the Department of Motor Vehicles (DMV) to be exempt from requirements for building permits. 16. An electrical permit and proper grounding and bonding shall be required if power is used elsewhere than the generator on the trailers. 17. The Limited Term Permit is for the operation of two temporary electric refrigeration trailers on-site for the hours and dates specified and does not authorize the use or operation of additional storage trailers on-site. 18. Should the temporary refrigeration trailers 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. 19. 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 Refrigerated Trailers including, but not limited to, Limited Term Permit (PA2023-0099). 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 or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Approved by: DL/oo Pavilions Temporary Refrigerated Trailers (PA2023-0099) June 15, 2023 Page 7 Tmplt: 07/25/19 Attachments: ZA 1 Vicinity Map ZA 2 Description Letter ZA 3 Site Plan Attachment No. ZA 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Limited Term Permit (PA2023-0099) 3100 Balboa Boulevard Subject Property Attachment No. ZA 2 Project Description Letter Tmplt: 07/25/19 Attachment No. ZA 3 Site Plan