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HomeMy WebLinkAboutZA2025-027 - APPROVING A LIMITED TERM PERMIT TO ALLOW A TEMPORARY CITY FIRE STATION TO BE LOCATED WITHIN THE CITY-OWNED AND CITY-OPERATED EAST OCEAN FRONT PARKING LOT ADDRESSED AS 711 EAST OCEAN FRONT (PA2025-0031)RESOLUTION NO. ZA2025-027 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT TO ALLOW A TEMPORARY CITY FIRE STATION TO BE LOCATED WITHIN THE CITY-OWNED AND CITY-OPERATED EAST OCEAN FRONT PARKING LOT ADDRESSED AS 711 EAST OCEAN FRONT (PA2025-0031) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the City of Newport Beach (City) Public Works Department (Applicant), concerning property located at 711 East Ocean Front, and legally described as Block B, C, and portion of Block D of Balboa Tract (Property) requesting approval of a limited term permit with a duration of greater than 90 days to allow the installation and operation of a temporary fire station. 2. The Applicant proposes the installation of a 1,440-square-foot modular building to use as a temporary fire station during the replacement construction of Fire Station No.1. The temporary fire station is anticipated to operate for approximately 18 months from September 2025 to March 2027. Additionally, a 170-square-foot storage container is proposed to store supplies and equipment, as well as a canopy cover for exercise equipment. The Project is located within the southern portion of the East Ocean Front Lot which is accessible from East Balboa Boulevard and Palm Street (Project). 3. The Property is categorized as Public Facilities (PF) by the General Plan Land Use Element and is located within the Public Facilities (PF) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Public Facilities (PF) and it is located within the Public Facilities (PF) Coastal Zone District. Due to the Property being in the Coastal Zone, staff analyzed the Project’s operation and its compliance with Section 21.52.035(D) (Project Exempt from Coastal Development Permit Requirements) of the Newport Beach Municipal Code (NBMC). While the Project will temporarily occupy 42 of the 93 parking spaces available in the East Ocean Front Parking Lot, the adjoining Balboa Pier Parking Lot will continue to provide 614 parking spaces. As such, the temporary installation of structures on an existing improved parking lot and the related temporary displacement of parking are not expected to significantly impact coastal resources, including public access and coastal views. The Project is also a limited duration and does involve permanent structures. Therefore, no coastal development permit is required. 5. A public hearing was held on May 15, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2025-027 Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act (CEQA) under 15303 under Class 3 (New Construction or Conversion of Small Structures), Section 15304 under Class 4 (Minor Alternations to Land), and Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption includes the construction and location of a commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. In this case, the Project includes the location of a 1,440- square-foot modular building to be used as a temporary fire station. 3. The Class 4 exemption consists of minor public alterations in the condition of land, which do not involve removal of healthy, mature, scenic trees. The Project will include minor changes to the parking area to accommodate the temporary use (i.e., fencing, utilities, parking spaces), including minor landscaping improvements. However, no trees will be removed as part of this Project. 4. The Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs, small parking lots, placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. In this case, the Project is a 1,440- square-foot single-story modular building being placed within a developed public parking lot, which will remain the predominant use of the Property and surrounding area. 5. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. By Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings 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, nor endanger, jeopardize, or otherwise constitute a hazard to the public Zoning Administrator Resolution No. ZA2025-027 Page 3 of 8 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 Property consists of two parking lots, which are East Ocean Front Lot and Balboa Pier Lot. The Project will utilize East Ocean Front Lot, which consists of 93 public parking spaces and is approximately 0.6-acre in size. The Project will occupy 42 of the 93 parking spaces in the southern portion of the East Ocean Front Lot. A single-story, 1,440-square-foot modular building will be temporarily placed on the parking lot, including a 170-square-foot storage container to store supplies and equipment, and a canopy cover for exercise equipment. A perimeter fence will be placed on the Project site to secure the temporary facility and provide parking for the fire engine, department vehicles, and employee parking. 2. The Property was strategically selected for emergency responses, as it is located less than half a mile southeast of the permanent fire station property at 100 East Balboa Boulevard. A temporary fire station location is determined when accounting for proximity and time efficiency to respond to emergencies for residents and businesses within the Balboa Peninsula area. If Fire Station No.1 is not temporarily replaced, the closest fire station is located at 2807 Newport Boulevard (Fire Station No. 2) and is approximately 2 miles northwest of the Property, which will cause a delay in responding to emergency calls. 3. Alternative sites have been considered for the Project. Specifically, the Palm Street Lot at 606 East Balboa Boulevard is a nearby lot that was determined to have a significant impact to the public if used for the Project. a. The lot provides 60 parking spaces and is approximately 0.7 acres in size. While the parking lot’s acreage is similar to the Project’s and holds less parking spaces, Palm Street Lot is often utilized by the neighboring commercial businesses during their daily operations such as Newport Landing and Balboa Island Ferry, and charter vessels such as Catalina Flyer and Balboa Water Sports. b. Many visitors rely on utilizing Palm Street Lot to take part in commercial activities in the surrounding area. Therefore, placing the Project on Palm Street Lot would create a significant impact because it would impede the operations of the surrounding commercial businesses. c. The northern end of Palm Street may generate vehicular traffic due to visitors wanting to utilize the ferry, which causes a delay in accessing Palm Street Lot from Palm Street. As a result, this creates a significant impact on providing efficient circulation for the fire engine to maneuver into the lot and exit the lot without causing an additional delay in vehicular traffic. 4. The remaining 51 parking spaces in the East Ocean Front Lot will remain available for public use. Parking is also available in the Balboa Pier Lot which is adjacent to the East Zoning Administrator Resolution No. ZA2025-027 Page 4 of 8 Ocean Front lot and provides up to 614 parking spaces. Between the two parking lots, the Project utilizes approximately 6% of the available parking spaces. 5. The Property is accessible from East Balboa Boulevard and Palm Street. Palm Street and Washington Street are one-way streets which support the required ingress and egress needed for the Fire Department’s fire engine and ambulance. 6. The Project is not expected to create a nuisance in regards to noise emission. Since the Property is only accessible from Palm Street, the Fire Department has indicated that the need for back up alarms will not be of issue because the fire engine will be driving forward into the lot and instead of backing in. The use of sirens are for emergency purposes and would not be any more frequent than typical fire stations. 7. All improvements associated with the Project will be removed once the permanent fire station has been reconstructed. 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 Project utilizes the East Ocean Front Lot, which is approximately 0.06 acres in size. The parking area is rectangular in shape and is accessible from Palm Street. The Project will be located in the southern portion of the parking lot. 2. Given the size of the parking area and the Project’s location, the temporary use can be accommodated on-site with little disruption to surrounding residential uses and access to the public beach. 3. Fact 3 of Finding A is hereby incorporated for reference. 4. Public access to the remaining parking spaces on the East Ocean Front Lot, as well as the 614 spaces on the Balboa Pier Lot, remain open to the public and is accessible from East Balboa Boulevard and Palm Street. 5. The Project is adjacent to the East Ocean Front boardwalk which provides a path along the beach for pedestrian and bicycle use. Since the parking lot is accessible from Palm Street, the Project does not include any features that would block or impede access along the boardwalk. Zoning Administrator Resolution No. ZA2025-027 Page 5 of 8 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. Access to the Property is not expected to generate traffic since Palm Street is a one- way street. Palm Street provides adequate maneuverability for the Fire Department’s vehicles to enter the parking lot and exit the lot by utilizing Washington Street. 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; Facts in Support of Finding: 1. Additional public parking areas near the Property are available at Palm Street Lot, which is accessible on the north side of Palm Street end and East Balboa Boulevard, approximately 650 feet away from the Property. Parking is also available on A Street Lot and B Street Lot, which are located 350 feet away and 950 feet easterly from the Property, respectively. All three sites provide a total of 158 parking spaces for public use. 2. Improvements in the parking area will not impede the use of parking reserved for ADA and an accessible path of travel. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. Facts in Support of Finding: 1. The PF designation of the Land Use Element of the General Plan is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The proposed temporary fire station is considered a public facility which is consistent with this designation. 2. Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements) of the Newport Beach Municipal Code (NBMC) allows temporary uses within the PF District subject to the approval of a Limited Term Permit. Limited term permits may authorize uses that might not meet the development or use standards of Zoning Administrator Resolution No. ZA2025-027 Page 6 of 8 the applicable zoning district but may otherwise be acceptable because of their temporary or limited nature. In this case, the proposed fire station is a limited duration that would cease upon the completion of the newly reconstructed Fire Station No.1. 3. The Project is conditioned such that it will comply with all other applicable provisions of the General Plan, NBMC, and other City regulations. Applicable ministerial permits must be obtained prior to construction. 4. The Project is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act under Section 15303 under Class 3 (New Construction or Conversion of Small Structures), Section 15304 under Class 4 (Minor Alternations to Land), and Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment and the exceptions to these categorical exemptions under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit filed as PA2025-0031, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. The 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF MAY, 2025. Zoning Administrator Resolution No. ZA2025-027 Page 7 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Anything not specifically approved by this Limited Term Permit is prohibited and shall be addressed through a separate and subsequent review with the Planning Division. 3. This Limited Term Permit shall expire 12 months from the issued date unless an extension of up to one additional period of 12 months is granted by the Zoning Administrator in compliance with 20.52.040 (Limited Term Permits) of the NBMC, unless an extension is otherwise granted. A letter requesting the extension shall be submitted to the Planning Division no later than 30 days prior to the expiration date of this permit. 4. Temporary barriers shall be placed to secure off the temporary fire station area from the public. 5. All temporary signage shall be located outside the traffic safety visibility area, subject to the review and approval of the City’s Traffic Engineer. 6. All temporary improvements authorized by this Limited Term Permit shall be removed after the permanent fire station has received its certificate of occupancy. 7. There shall be no washing of any Fire Department apparatuses or vehicles conducted on the Property. 8. Notwithstanding routine inspections, there shall be no maintenance of Fire Department apparatuses or vehicles conducted on the Property. 9. Any use of sirens on the Property and immediately adjacent to it shall be limited to only the minimum necessary for the safe operation of the temporary fire station. 10. This Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. Zoning Administrator Resolution No. ZA2025-027 Page 8 of 8 12. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 13. The exterior of the temporary modular building shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 14. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 15. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Temporary Fire Station No.1 including, but not limited to, the Limited Term Permit filed as PA2025-0031. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 16. The Project’s construction documents shall show all required egress in compliance with California Building Code, Chapter 10. 17. The Project’s construction documents shall incorporate a State Approval stamp. 18. The Project’s modular structure shall be required to be on the State list of approved pre- checked (PC) designs. 19. The Project’s construction documents shall show a state approved accessible ramp to the door. 20. The Project shall show accessible routes compliant with the California Building Code, Chapter 11B.