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HomeMy WebLinkAboutZA2024-003 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW TEMPORARY KITCHEN TRAILERS LOCATED AT 1801 BAYSIDE DRIVE (PA2023-0167) RESOLUTION NO. ZA2024-003 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW TEMPORARY KITCHEN TRAILERS LOCATED AT 1801 BAYSIDE DRIVE (PA2023-0167) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jennifer Orozco of the Balboa Yacht Club (“Applicant”), with respect to property located at 1801 Bayside Drive. The Balboa Yacht Club is developed over three separate parcels, legally described as Parcel 1 of Resubdivision No. 791, a portion of Block 94 of Irvine’s Subdivision, and a portion of Lots A and B, Tract No. 6927 in the City of Newport Beach, Orange County, California (“Property”). 2. The Applicant proposes to park two trailers side-by-side within a fully paved and fenced boat storage area and utilize them as a temporary kitchen while the Balboa Yacht Club’s permanent kitchen is remodeled (“Project”). 3. The Property is designated Private Institutions (PI) and Public Facilities (PF) by the General Plan Land Use Element and is located within the Private Institutions (PI) and Public Facilities (PF) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Private Institutions (PI-A) and Public Facilities (PF) and it is located within the Private Institutions (PI) and Public Facilities (PF) Coastal Zoning District. 5. A public hearing was held on January 25, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 categorically exempt pursuant to Title 14 of the California Code of Regulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) 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 an existing or former use. The subject application is a request to allow two kitchen trailers for a Zoning Administrator Resolution No. ZA2024-003 Page 2 of 10 limited term at an existing yacht club while the permanent kitchen undergoes remodeling. The request qualifies under the parameters of the Class 1 exemption. SECTION 3. REQUIRED FINDINGS. Limited Term Permit In accordance with Section 20.52.040(G) (Limited Term Permits – Finding and Decision) of the Newport Beach Municipal Code (“NBMC”), the findings and facts in support of such findings are set forth as follows: 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 use of two temporary kitchen trailers until December 31, 2024. The kitchen trailers will be parked side-by-side in a fully paved and fenced boat storage area located entirely on private property. The Balboa Yacht Club has operated at the Property since 1949 and is entitled through Use Permit No. 1681, which includes kitchen facilities. The temporary kitchen trailers will serve as the kitchen facilities for the Balboa Yacht Club while the permanent kitchen is remodeled, therefore allowing an existing use to continue uninterrupted during construction. As conditioned, all applicable conditions of approval of Use Permit No. 1681 shall be adhered to for the temporary kitchen, unless otherwise modified by the conditions of approval contained herein. 2. The temporary kitchen trailers will be driven onto the Property and connect to existing on- site electricity, water, and sewer utilities. Upon completion of the permanent kitchen remodel, the trailers will be driven off the site. Since they are trailers, minimal restoration or cleanup will be required and the Applicant is conditioned to fully clean and restore the site to original conditions. 3. The Project is not expected to be detrimental to surrounding land uses, which include single family homes and the Newport Beach Harbor Patrol. The nearest residential property is approximately 125 feet east of the trailers’ proposed location, separated by Bayside Drive and grade separated by more than 30 feet. The nearest residential property to the north is over 230 feet away, and the nearest residential property west of Balboa Island Channel is over 400 feet away. 4. The Applicant is conditioned to adhere to applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the temporary kitchen trailers. Zoning Administrator Resolution No. ZA2024-003 Page 3 of 10 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 approximately 90,140 square feet and is developed with a two-story club house, boat storage areas, administrative offices, and associated parking. The temporary kitchen trailers and associated access stairs, ramp and decks will displace eight boat parking spaces totaling less than 1,700 square feet of site area for full operation. Vehicle parking areas will be unaffected by the Project. Based on the site plan, there is adequate area on the Property for the proposed temporary kitchen trailers. 2. The temporary kitchen trailers will be placed in a fully paved and fenced boat storage area adjacent to the bay. The location is surrounded by the Balboa Yacht Club parking lots to the north and east and main clubhouse to the south. The location is at a lower elevation than Bayside Drive, which helps shield the trailers from street view. Existing boat docks to the west screen visibility of the trailers from the bay. 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. The Property is accessed by two driveways on Bayside Drive, a two-lane street that is approximately 40 feet wide. The temporary kitchen trailers will not impede vehicular access to either driveway as it is proposed to be located in an area enclosed for boat storage. 2. The temporary kitchen trailers will not generate additional traffic. The trailers enable dining operations to continue uninterrupted during construction of the permanent kitchen remodel, thus enabling an existing use to continue. Additionally, dining services are only available to club members. No changes to the existing dining operations are proposed as a part of the Project. 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 Fact in Support of Finding: 1. Fact 2 in support of Finding C is hereby incorporated by reference. Zoning Administrator Resolution No. ZA2024-003 Page 4 of 10 2. Vehicular parking areas to the north and south of the clubhouse provide adequate parking for the Balboa Yacht Club. The temporary kitchen trailers will be placed in a fully paved and fenced boat storage area and will not impact the vehicular parking areas. 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 category, Coastal Land Use Plan category, and Zoning District for this site are Private Institutions (PI) and Public Facilities (PF). The PF designation is intended to provide public facilities and the PI designation is intended to provide for privately owned facilities that serve the public, including yacht clubs. The proposed temporary kitchen trailers will enable the Balboa Yacht Club to continue providing dining services to club patrons while the club’s permanent kitchen undergoes remodeling, therefore allowing a current use to continue. Temporary uses are permitted with the approval of a limited term permit pursuant to Table 2-14 (Allowed Uses and Permit Requirements) in Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements) and Table 21.26-1 of Section 21.26.020 of the NBMC. 2. The Property 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. Fact 1 in support of Finding E is hereby incorporated by reference. 2. The Property is not located adjacent to a coastal view road or public access way. The temporary kitchen trailers will be located on private property and will not impact the public use of roadways or parking areas, or otherwise impact public use or access to coastal waters. 3. The proposed temporary trailers are not located near coastal view roads, as designated in the Coastal Land Use Plan. The closest public view point is Irvine Terrace Park, over 1,300 feet northeast of the proposed trailer location. Due to the distance of the proposed trailers from the public view point, the project will not impact coastal views. Zoning Administrator Resolution No. ZA2024-003 Page 5 of 10 4. Landscaping is not proposed as a part of this project, and project approval will not result in any construction or physical alterations to the site. 5. The Property does not contain environmentally sensitive habitat areas, wetlands, or sandy beach areas. 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 of shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access shall bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the Project entails the parking of temporary kitchen trailers to provide a continuation of dining services at the Balboa Yacht Club while the permanent kitchen is remodeled. The Project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. 2. The temporary trailers will not block or impede existing public access opportunities. The nearest public beach is Bayside Drive County Beach, approximately 600 feet southeast of the proposed trailer location and accessible from Bayside Drive via the Orange County Harbor Patrol facility. 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 (PA2023-0167), subject to the conditions set forth 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 21 Local Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code. 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 Zoning Administrator Resolution No. ZA2024-003 Page 6 of 10 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JANUARY 2024. Zoning Administrator Resolution No. ZA2024-003 Page 7 of 10 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. All conditions of approval from Use Permit No. 1681 shall be adhered to unless specifically modified by the following set of conditions. 2. The temporary kitchen location 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. 3. The approval of this Limited Term Permit shall be effective from the effective date of this approval until December 31, 2024, unless an extension is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions) of the NBMC. A letter requesting the extension shall be submitted to the Planning Division no later than thirty (30) days before the expiration date of this permit. The Applicant shall be required to cease all permitted operations and remove any temporary improvements made to the Property as part of this approval at the end of the effective period. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The Applicant shall adhere to all applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the temporary kitchen trailers. 6. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the Limited Term Permit. 7. The 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. Approval from the Orange County Health Care Agency is required prior to the issuance of a building permit. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Zoning Administrator Resolution No. ZA2024-003 Page 8 of 10 Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Single-, two-or multiple-family residential 45dBA 55dBA 40dBA 50dBA Residential portions of mixed- use properties 45dBA 60dBA 40dBA 50dBA Commercial N/A 65dBA N/A 60dBA Industrial or manufacturing N/A 70dBA N/A 70dBA 9. No outside paging system shall be utilized in conjunction with the temporary trailers. 10. The exterior of the trailers 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. 11. 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 Limited Term Permit and Coastal Development Permit. 12. Storage outside of the trailers shall be prohibited. 13. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 14. All lighting for the temporary kitchen trailers shall be shielded or positioned to not create glare onto adjacent properties. 15. 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. 16. All trash shall be stored within a building or within dumpsters stored in a trash enclosure or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 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 Zoning Administrator Resolution No. ZA2024-003 Page 9 of 10 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 18. Subsequent to the removal of the temporary trailers, the Applicant shall clean and restore the site to prior conditions within 30 days of removal. 19. Before the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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 Balboa Yacht Club Limited Term Permit and Coastal Development Permit including, but not limited to, PA2023-0167. 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. Building Division 21. A Temporary Building Permit shall be required for the Project in accordance with Section 3103 of the California Building Code (2022). 22. The Modular Trailer shall be state approved for the use and occupancy (Kitchen and B Occupancy). 23. Waste pretreatment is required through an approved grease interceptor. All drainage from fixtures or equipment that produce fats oil or grease shall connect to a grease interceptor prior to connecting to sewer. 24. Type 1 hoods shall be installed at or above commercial-type deep fat fryers, broiler, grills, hot-top ranges, ovens, barbecues, rotisseries, and similar equipment that emits smoke or grease in a food-processing establishment. Fire Department 25. Type 1 hood ventilation must be installed, pending review by the Newport Beach Building Department. Zoning Administrator Resolution No. ZA2024-003 Page 10 of 10 26. An NRPA 17A fixed suppression system, approved by the Newport Beach Fire Department, is required. 27. Prior to the establishment of the temporary trailers, all required approvals from the Orange County Health Care Agency shall be obtained by the Applicant. 28. The Applicant shall comply with all HSC 114323 requirements: a. A first-aid kit must be provided and located conveniently in an enclosed case. b. Light bulbs and tubes must be covered with a completely enclosed plastic safety shield or equivalent, installed to avoid hazards. c. Liquefied petroleum equipment must meet applicable fire authority standards and gain approval from the fire authority. d. A properly charged and maintained minimum 10 BC-rated fire extinguisher, specially for grease fires, must be mounted and readily accessible in mobile food facilities with heating or cooking equipment. 29. A second means of exit shall be provided on the side opposite the main door, or on the roof, or the rear of the unit, with an unobstructed passage of at least 24 inches by 36 inches. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled “Safety Exit” in contrasting colors with letters at least one inch high. 30. Maintain 20 feet of unobstructed access along the fire department’s path to the mobile kitchen. 31. Prior to the establishment of the temporary trailers, the Applicant shall submit a site plan indicating the location of access and a plan to maintain fire department access for approval by the Newport Beach Fire Department. Police Department 32. The temporary kitchen trailers shall be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. A temporary ABC license shall be obtained prior to storing alcohol in the kitchen trailers.