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HomeMy WebLinkAboutZA2026-005 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO AUTHORIZE THE OPERATION OF A WEEKLY FARMERS MARKET LOCATED AT 798 DOVER DRIVE (PA2025-0194)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 30, 2026 William Troutman 391 ½ Costa Mesa St Costa Mesa, CA 92627 whtroutman@gmail.com Subject: Limited Term Permit (PA2025-0194) 798 Dover Drive Newport Harbor Lutheran Church Farmers Market Dear Mr. Troutman, 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 January 29, 2026 and effective on February 12, 2026. A copy of the approved resolution 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 or should you have any questions, please contact our office at 949- 644-3200 or you may contact me directly at 949-644-3235 Sincerely, JP/djk RESOLUTION NO. ZA2026-005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO AUTHORIZE THE OPERATION OF A WEEKLY FARMERS MARKET LOCATED AT 798 DOVER DRIVE (PA2025- 0194) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Troutman of the Vital Tide Foundation (Applicant) concerning property located at 798 Dover Drive and legally described as a portion of Parcel 1 of Parcel Map 98-121, Page 31-33 of Book 303, Official Records of Orange County, California (Property). 2. The Applicant requests a 12-month duration Limited Term Permit (LTP) and Coastal Development Permit (CDP) to allow for the temporary operation of a weekly farmers market. The market will feature a maximum of 25 vendors staged within a portion of the Newport Harbor Lutheran Church (NHLC) surface parking lot with all temporary infrastructure to be removed at the end of each market . A total of 150 on-site parking spaces will serve the market, with 100 spaces available to customers and 50 spaces reserved for vendors and market operators. The market will operate on Saturdays from 8 a.m. to 2 p.m., outside of worship hours, with additional holiday markets in the month of December, on Sunday afternoons (Project). 3. The Property is categorized as Private Institutions (PI) by the Land Use Element of the General Plan and it is located within the Newport Harbor Lutheran Church (PC2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Private Institutions 0.0 - 0.30 FAR (PI-A) and it is located within the Newport Harbor Lutheran Church (PC2) Coastal Zoning District. 5. A public hearing was held on January 29th, 2026, 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 Section 15304 under Class 4 (Minor Alterations to Land) 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. Zoning Administrator Resolution No. ZA2026-005 Page 2 of 11 07-29-24 2. The Class 4 exemption authorizes minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. The Project involves the use of an existing parking lot for a temporary farmers market with temporary infrastructure that will be removed at the end of each market session. 3. The exceptions to this categorical exemption 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. Limited Term Permit 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 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 p ublic 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 LTP will allow for the temporary operation of a weekly farmers market for a term of up to 12 months. Condition of Approval No. 10 accounts for the applicable city and coastal appeal periods and establishes the duration of the market from February 23, 2026, through February 23, 2027. 2. The market will be permitted to operate from 8 a.m. to 2 p.m. on Saturdays, with setup occurring at 8 a.m. and opening for customers at 9 a.m. Additional holiday markets will be permitted in the month of December, on Sunday afternoons, from 12 p.m. to 5 p.m. Condition of approval No. 7 ensures these hours include setup and breakdown times. • The Property is categorized as Private Institutions (PI) by the Land Use Element of the General Plan and is located within the Newport Harbor Lutheran Church (PC2) Zoning District. The PC-2 zoning district allows the use of on-site parking areas for temporary community services and special events that are accessory to the primary institutional use, subject to the approval of a Special Event Permit. The proposed Project involves the operation of a farmers market within the existing parking lot, which is an accessory community service use consistent with the intent and purpose of the PC-2 zoning designation. Approval of a Limited Term Permit would authorize the temporarily Zoning Administrator Resolution No. ZA2026-005 Page 3 of 11 07-29-24 recurring operation of the farmers market, without requiring the applicant to obtain a separate Special Event Permit for each occurrence. 3. Surrounding land uses include single unit residential dwellings zoned PC 43 (Upper Castaways) adjacent to the south and east, Bob Henry Park to the north, and General Office uses to the west. The nearby residential areas will not be negatively impacted as the farmers markets occur outside of sensitive hours and Condition of Approval No. 6 prevents music and amplified sound. 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 Property is 2.95 acres, fairly flat, and has been developed with a church since 1967 pursuant to Use Permit No. 1231. The Property regularly hosts large gatherings of people for Sunday worship services. 2. The market will be located within an approximately 18,000-square-foot cul-de-sac parking area located at the rear of the Property. A portion of the lot will be cordoned off as a pedestrian-only market area with a maximum of 25 vendor stalls. 3. All activities are confined to paved areas, minimizing potential impacts to surrounding properties. Five port-a-potties and eight 55-gallon trash cans will be in place for customer and vendor use at each market. All participating vendors are responsible for managing the waste generated by their stall, and the market operator will have a designated market volunteer (Site Monitor) responsible for checking the fill levels of receptacles and replacing liners of trash cans as necessary. The Site Monitor will also be responsible for performing a final sweep of the Property during the break down of each market to clean up any errant trash. 4. Condition of Approval No. 27 prohibits the market from staging materials and parking offsite, ensuring that the adjacent surface parking for Castaways Park in unaffected by the project. 5. The Project has been reviewed by the Building Division, Public Works Department, and Fire Department. All suggested conditions of approval are provided in Exhibit A. 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; Zoning Administrator Resolution No. ZA2026-005 Page 4 of 11 07-29-24 Facts in Support of Finding: 1. The Property is bounded by Dover Drive, Castaways Park and parking lot, Castaways Lane, and a gated residential community. The layout of the site allows for vehicles to enter and exit from Castaways Lane. The parking lot provides sufficient internal vehicle circulation and staging areas. 2. The Property is served by Dover Drive and Castaways Lane, which have sufficient capacity to support Sunday church services. The Project is not anticipated to generate excessive traffic beyond what already exists for Sunday services. 3. Condition of Approval No. 24 prohibits vehicle queuing within the public right-of-way, preventing hazards or inconveniences to the public. 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. Vehicular access to the Property is provided via Castaways Lane. Volunteers and directional signage will manage traffic flow during market operations and will ensure efficient circulation. 2. The market operator expects approximately 300 attendees per market, with an average stay of between 30 and 45 minutes. Each parking space can be turned over multiple times, ensuring all guests can be accommodated onsite. 3. The market operates in the church parking lot during hours that do not coincide with the church’s primary parking demand. The market operates from 8 a.m. to 2 p.m. on Saturdays and, during December only, from 12 p.m. to 5 p.m. on Sundays. As a result, the market and church uses have distinct and differing peak parking demands, which reduces the potential for traffic and parking impacts. 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 Property is categorized as Private Institutions (PI) by the Land Use Element of the General Plan. The PI Category is intended to provide areas for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, Zoning Administrator Resolution No. ZA2026-005 Page 5 of 11 07-29-24 cultural institutions, museums, yacht clubs, congregate homes and comparable facilities. The Project is consistent with the PI Category as the market serves the public. 2. Fact 3 in support of Finding A hereby incorporated by reference. 3. The site is not located within a specific plan area. 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. Pursuant to Section 21.52.035(D) (Projects Exempt from Coastal Development Permit Requirements - Special and Temporary Events) of the NBMC, the proposed activity requires a CDP, as it would occur between Memorial Day weekend and Labor Day. Pursuant to 21.52.035(D)(6), a CDP is also required when a new event which has not previously received a CDP will be held in a given location. 2. The market complies with all applicable Local Coastal Program (LCP) development standards. The market will only use temporary infrastructure, is located entirely within private property, and does not contain any unique features that could permanently degrade the visual quality of the coastal zone. 3. The project site is not located adjacent to a coastal view road or a designated coastal viewing point, as identified in the Coastal Land Use Plan (CLUP). The closest coastal view road is East Coast Highway, approximately 1,500 feet south of the Property and the closest coastal viewpoint is from Castaways Park, approximately 350 feet to the southeast. The market will not be visible from a designated viewpoint, as the parking area is landward of the viewpoint and behind substantial foliage. 4. The Property is located approximately 550 feet north of the Newport Harbor and is separated by Castaways Park and single unit dwellings in between. The Property is adjacent to several trails designated in the CLUP, but these trails would remain fully open and unobstructed during market hours. The market is a neighborhood -serving use and does not rely on Castaways Park or its trails as part of its operation . The market would not block trailheads, access points, signage, or pathways used by the public to reach coastal resources. 5. The Property is not within an Environmentally Sensitive Habitat Area (ESHA), wetland, or sandy beach. Zoning Administrator Resolution No. ZA2026-005 Page 6 of 11 07-29-24 6. The Property is not located in an area in which the California Coastal Commission retains direct permit review or appeal authority. 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 Property is located adjacent to Castaways Park and is between the nearest public road and the sea. Section 21.30.A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project is a temporary weekly farmers market that is ancillary and complementary to the religious institution. The Project does not result in increased demand on public coastal access or recreation opportunities and is designed and sited so as not to block or impede existing public access opportunities. 2. The nearest coastal access point is available from Lower Castaways Park, approximately 1,500 feet south of the Property. The Project does not include any features that would obstruct coastal access. The Property is adjacent to several trails designated in the CLUP, but these trails would remain fully open and unobstructed during market hours. The market is a neighborhood-serving use and does not rely on Castaways Park or its trails as part of its operation. The market would not block trailheads, access points, signage, or pathways used by the public to reach coastal resources. Since the project does not interfere with public access, recreational opportunities, or visibility of coastal resources, it would not affect the availability or quality of coastal access provided by Castaways Park. 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 pursuant to Section 15304 under Class 4 (Minor Alterations to Land) 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 PA2025-0194, 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 Zoning Administrator Resolution No. ZA2026-005 Page 7 of 11 07-29-24 Community Development Director by the provisions of Title 21 (Local Coastal Program 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 29TH DAY OF JANUARY 2026. ______________________________ Liz Westmoreland, AICP, Zoning Administrator Zoning Administrator Resolution No. ZA2026-005 Page 8 of 11 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The project shall be in substantial conformance with the submitted project description, waste management plan, parking management plan, and approved site plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. 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. 4. All proposed signs shall be in conformance with the provisions of the Newport Harbor Lutheran Church (PC 2) Zoning District. 5. No overnight storage of vendor materials is permitted on-site. Temporary infrastructure such as K-Rail style barricades may be stored on-site if not impacting required parking. 6. No amplified music or sound is permitted. 7. Operational hours are restricted to 8 a.m. to 2 p.m. on Saturdays and from 12 p.m. to 5 p.m. on Sundays in December. Set up shall occur in the first operational hour of each session and breakdown shall occur in the last hour of each session. 8. 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review and approval by the Planning Division and may require an amendment to or the processing of a new permit. 10. This Limited Term Permit shall expire twelve (12) months from the date of end of the coastal appeal period anticipated to end, by February 23, 2026, unless an extension of up to one (1) additional period of twelve (12) months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions). 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. Zoning Administrator Resolution No. ZA2026-005 Page 9 of 11 07-29-24 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 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. No outside paging system shall be utilized in conjunction with this market. 14. The Project shall not operate during other church activities that require use of on-site parking spaces identified for use by the Project customers or vendors. 15. Trash receptacles for patrons shall be conveniently located both inside and outside of the market, however, not located on or within any public property or right-of-way. 16. 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. 17. 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). 18. 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. 19. 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. 20. 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 Newport Harbor Farmers Market including, but not limited to the Limited Term Permit and Coastal Development Permit filed as PA2025- Zoning Administrator Resolution No. ZA2026-005 Page 10 of 11 07-29-24 0194. 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 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. Fire Department 21. A special event tent permit issued by the Newport Beach Fire Department shall be obtained prior to operation of the market. Applicant shall re-apply prior to expiration to keep the farmers market operational. 22. Fire Department Lanes shall remain unobstructed. 23. Fire extinguishers shall be required throughout the market tent area at 75-foot intervals. Public Works Department 24. Site operations shall not impact the public right-of-way. Vehicles shall not be staged, stored, or queued in the public right-of-way at any time. 25. Water-filled barricades, or substantial barricades subject to the approval of the City Traffic Engineer, shall be positioned across the vehicle entrance to the farmers market with a maximum 4-foot gap for pedestrians 26. The proposed circulation signage shall be located entirely on private property. 27. Customers, employees, and vendors shall be prohibited from parking within the public right-of-way and parking areas in nearby public parks. Building Department 28. A building permit shall be required for any temporary structure more than 120 square feet in area. 29. Dining surfaces and work surfaces shall be 28” to 34” above the adjacent finish floor elevation. 30. All exiting paths and public walkways shall provide a minimum of 48” of unobstructed clearance. 31. Accessible routes, including under canopies and other overhead structures shall maintain a minimum clear height of 80”. Zoning Administrator Resolution No. ZA2026-005 Page 11 of 11 07-29-24 32. All electrical distribution lines shall be in good working order and shall be protected from pedestrian and vehicular traffic and shall accommodate accessibility. 33. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. 34. An accessible path to all functional areas shall be provided. 35. Access to restrooms shall be provided at all times. 36. Accessible parking stalls shall not be used for seating areas when onsite parking is provided. 37. Detectable warnings shall be required for crossing pedestrian paths or pedestrian pathways adjacent to a vehicular way where no physical barrier is provided for separation.