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HomeMy WebLinkAboutZA2025-048 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE KICKSTAND TEMPORARY TRAILER FOR THE SERVICE OF NON-ALCOHOLIC BEVERAGES LOCATED AT 2001 WEST BALBOA BOULEVARD (PA2025-0074)RESOLUTION NO. ZA2025-048 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE KICKSTAND TEMPORARY TRAILER FOR THE SERVICE OF NON-ALCOHOLIC BEVERAGES LOCATED AT 2001 WEST BALBOA BOULEVARD (PA2025-0074) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Richard Hancock, concerning property located at 2001 West Balboa Boulevard, and legally described as Lot 2 Block O in Tract No.323 requesting approval of a limited term permit and coastal development permit. 2. The applicant requests a limited term permit to authorize a temporary trailer for the service of non-alcoholic beverages (i.e., sodas) for up to a one-year term at the existing Kickstand bike rental shop parking lot. The temporary trailer, including a protected customer queuing area, will occupy two of the three existing on-site parking spaces. No late hours are proposed (i.e. after 11:00 p.m.). The project site is within the Coastal Zone and requires the approval of a coastal development permit. 3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2). 5. A public hearing was held on July 24, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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 Sections 15301 and under Class 1 (Existing Facilities), respectively, 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 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed scope of work includes the placement of the temporary mobile trailer within two Zoning Administrator Resolution No. ZA2025-048 Page 2 of 10 07-29-24 existing parking spaces at an existing bike rental shop. Therefore, the project qualifies under the parameters of the Class 1 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040.(G) (Limited Term Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. 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 the operation of a temporary trailer for soda service until July 24, 2026, unless an extension is granted pursuant to Section 20.52.040. (J) (Limited Term Permits – Extension of Limited Term Permit) of the NBMC. 2. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). 3. The permitted use shall adhere to applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the use. It is the responsibility of the permittee to implement and follow industry-specific guidance of the State of California and the Orange County Health Care Agency guidelines. 4. The overall plan includes appropriate delineation of outdoor use spaces with physical barriers or markers. 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 subject lot is approximately 0.08 acres in size and is adjacent to West Balboa Boulevard. Based on the site plan, there is an adequate area to accommodate the temporary mobile trailer without impacting pedestrian circulation or vehicular circulation on-site. Zoning Administrator Resolution No. ZA2025-048 Page 3 of 10 07-29-24 2. The proposed temporary mobile trailer, including a protected customer queuing area, will occupy two of the three on-site parking spaces and will not encroach into the drive aisle or the 10-foot alley setback. 3. The lot frontage is on West Balboa Boulevard and the existing bike rental shop occupies the entire one-story structure that was constructed in the 1960s. The temporary mobile trailer for non-alcoholic beverage service will provide an additional amenity to visitors and the surrounding neighborhood. The accessory use will not impede the use and enjoyment of the properties in the area. 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; Facts in Support of Finding: 1. The parking area on the subject property will remain accessible from the alley and West Balboa Boulevard. 2. The temporary mobile trailer, including the protected customer queuing area, will occupy two existing parking spaces. The queuing area contains substantial barriers to protect the area from the drive aisles and parking areas and will not encroach into the drive-aisles or the alley setback. 3. The proposed temporary mobile trailer is small in scale and intended to support existing visitors and residents of the Balboa Peninsula, therefore, potential traffic and parking impacts would be negligible. 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; and Facts in Support of Finding: 1. The temporary mobile trailer, including the protected customer queuing area, will occupy two parking spaces with appropriate delineation and temporary substantial physical barricades. One parking space will be maintained for bike rental use during the limited term permit. 2. The Balboa Peninsula mixed-use area provides public on-street parking along West Balboa Boulevard. Zoning Administrator Resolution No. ZA2025-048 Page 4 of 10 07-29-24 Finding: E. 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 is Mixed-Use Water 2 (MU-W2) and Zoning designation for this site is Mixed-Use Water (MU-W2). The MU-W2 designation is intended to provide a range of general commercial, visitor-serving commercial intermixed with marine related uses and residential dwelling units on upper floors. The temporary mobile trailer for soda service is an accessory to the existing bike rental shop, will be utilized for a limited duration on-site, and will contribute to the visitor and neighborhood serving use. 2. The Limited Term Permit for temporary mobile trailer for soda service would complement and be consistent with the other commercial uses permitted within the Mixed-Use Water area in that it provides an amenity that support the visitors to the area as well as for those who live and work in the neighborhood, consistent with General Plan Land Use Element Goal LU2, below. Additional benefits include providing opportunities for the continuation of local businesses that generate sales tax and providing opportunities for employment, which is consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 3. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Balboa Peninsula. 4. The site is not located within a specific plan area. Zoning Administrator Resolution No. ZA2025-048 Page 5 of 10 07-29-24 Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road or public access way. The closest public viewpoint is approximately 500 feet south on Newport Pier. The site is located approximately 300 feet north from the West Ocean Front public boardwalk and beach. The temporary mobile trailer stands approximately 9 feet tall, less than the height of typical one-story commercial buildings and will remain within the two parking spaces on private property. Therefore, it will not impact views or public access. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 2. The Property is located in the coastal zone and the proposed improvements require a coastal development permit in accordance with Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit Requirements) of the NBMC. The improvements constitute a change in the intensity of the existing use by adding a temporary mobile trailer for soda service within two existing parking spaces on-site. The location of the mobile trailer does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects. 3. The service will provide an additional commercial amenity accessory to the bike rental shop serving visitors and the surrounding neighborhood. The temporary mobile trailer complies with all applicable Local Coastal Program (LCP) development standards and is consistent with the existing pattern of development on the Balboa Peninsula. 4. There are no existing City utilities within the two parking spaces being utilized for the temporary mobile trailer and protected customer queuing area. 5. Development authorized by this permit is not located in any environmentally sensitive habitat area. The proposed operation does not contain Environmentally Sensitive Habitat Areas (ESHA), wetlands, or sandy beach area. 6. The authorized development is not located in an area in which the California Coastal Commission retains direct permit review authority. Zoning Administrator Resolution No. ZA2025-048 Page 6 of 10 07-29-24 Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The subject property is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The site is located approximately 300 feet north from the West Ocean Front public boardwalk and beach, which provides lateral access. Vertical access is provided at the terminus of 20th Street and the public boardwalk. The temporary mobile trailer would not obstruct access along these routes, 2. The public access to the coast will not be blocked. Coastal access is increased by allowing an added amenity to the existing commercial bike shop, promoting an additional service to the public visiting coastal areas 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 15301 under Class 1 (Existing Facilities) 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 Zoning Administrator of the City of Newport Beach hereby approves the Limited Term Permit and Coastal Development Permit filed as PA2025-0074, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. 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 by the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF JULY, 2025. Zoning Administrator Resolution No. ZA2025-048 Page 7 of 10 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The approval of this Limited Term Permit and Coastal Development Permit shall be effective for up to a one-year term, from August 8, 2025, to August 8, 2026. The applicant shall be required to cease all permitted operations and remove any temporary improvements made in the parking lot including removing the temporary soda trailer, unless an extension is granted pursuant to Section 20.52.040 (J) (Limited Term Permits - Extension of Limited Term Permit) of the NBMC. 3. The hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m., daily. 4. The mobile trailer, including the protected customer queuing area, shall only occupy up to two of the onsite parking spaces (maximum). 5. Prior to the operation of the mobile trailer providing soda service, the operator shall abide by all applicable Orange County Health Care Agency and state requirements including obtaining necessary permits. 6. Substantial water-filled barricades shall be provided to protect the queuing area from the adjacent drive aisle and alley public-right-of-way. 7. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 8. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may cause the revocation of this Limited Term Permit. 9. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 10. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, may require an amendment to this Limited Term Permit. 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. ZA2025-048 Page 8 of 10 07-29-24 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the NBMC. 13. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 14. No outside paging system or amplified sound shall be utilized in conjunction with this establishment. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from the view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 16. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 17. The exterior of the business 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. 18. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 21. The drive aisle, as well as the parking space(s) not occupied by this temporary use, shall always remain free and clear of any obstructions. All uses on the site shall comply with Section 20.48.140 (Outdoor Storage, Display, and Activities) of the NBMC. 22. 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, Zoning Administrator Resolution No. ZA2025-048 Page 9 of 10 07-29-24 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 Kickstand LLC Temporary Soda Trailer including, but not limited to, PA2025-0074. 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 the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which the 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 23. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons: a. A minimum 4-foot-side accessible path to all functional areas shall be provided; b. access to restrooms shall be provided at all times; c. accessible parking stalls shall not be used for seating areas when onsite parking is provided. 24. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be minimum 48 inches free and clear. 25. Where food or drink is served for consumption at a counter exceeding 34 inches (864 mm) in height, a portion of the main counter 60 inches (1525 mm) minimum in length shall be provided in compliance with Section 11B-902.3 (California Building Code [CBC] 11B226.3). 26. A portion of the counter surface that is 36 inches (914 mm) long minimum and 34 inches (864 mm) high maximum above the finish floor shall be provided. A clear floor or ground space complying with Section 11B-305 shall be positioned for a parallel approach adjacent to the 36 inch (914 mm) minimum length of counter (CBC 11B-904.4.1). Public Works Department 27. The parking layout shall comply with City Standard 805. 28. The substantial water-filled barricades shall not encroach into the required drive aisle widths or the 10-foot rear alley setback. 29. The applicant shall prohibit vehicles from queuing into the West Balboa Boulevard or alley public-rights-of-way. Zoning Administrator Resolution No. ZA2025-048 Page 10 of 10 07-29-24 30. Patrons shall be prohibited from standing or waiting within the drive aisle or impacting the public right-of-way.