HomeMy WebLinkAboutPA2022-075_20220526_ZA Action LetterCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
May 26, 2022
Pavilions Grocery Store
3100 West Balboa Blvd
Newport Beach, CA 92663
S3005c90@safeway.com
Subject: Limited Term Permit No. XP2022-005
(PA2022-075)
3100 Balboa Boulevard
Pavilions Temporary Refrigerated Trailers (less than 90 days)
Dear Ms. Kinneberg,
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
May 26, 2022 and effective on June 10, 2022. A copy of the approved action letter
with findings and conditions is attached. If you have any questions, please do not
hesitate to contact me directly. Thank you and I look forward to working with you
again in the future.
Sincerely,
MKN/cnc
cc:
The Landing M2 LLC
660 Newport Center Dr, Suite 200
Newport Beach, CA 92660
luke@boardwalkinvest.com
Albertson’s LLC
Attn: Lisa Kinneberg
3100 West Balboa Blvd
Newport Beach, CA 92663
S3005c90@safeway.com
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Subject: Pavilions Temporary Refrigerated Trailers (PA2022-075)
▪Limited Term Permit No. XP2022-005
Site Location 3100 Balboa Boulevard
Applicant Pavilions Grocery Store
Legal Description Parcel 1, Block 371, Page 4
On May 26, 2022, the Zoning Administrator approved Limited Term Permit No. XP2022-005
to allow one 26-foot electric produce refrigeration trailer within the loading dock and one 40-
foot electric ice trailer adjacent to the loading dock for an eight-day duration at the rear of
the Pavilions Grocery Store within The Landing Shopping Center. The trailers' refrigeration
units will operate only between the hours of 7:00 a.m. through 9:00 p.m., daily, to store ice
and produce for the Independence Day holiday period (June 29, 2022 through July 7, 2022).
The applicant will incorporate a noise reduction plan that includes sound barrier blankets on
the backside of both trailers. The property is located in the CN (Commercial Neighborhood)
Zoning District. This approval is based on the following findings and subject to the following
conditions.
LAND USE AND ZONING
•General Plan Land Use Plan Category: CN (Neighborhood Commercial)
•Zoning District: CN ( Commercial Nieghborhood)
•Coastal Land Use Plan Category: CN (Neighborhood Commercial – 0.0 to 0.30
FAR)
•Coastal Zoning District: CN (Commercial Neighborhood)
I.FINDINGS
Finding:
A.This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 11 (Accessory Structures);
Fact in Support of Finding:
1.Class 11 exempts the placement of seasonal or temporary use of items such as
lifeguard towers, mobile food units, portable restrooms, or similar items. The
Pavilions Temporary Refrigerated Trailers (PA2022-075)
May 26, 2022
Page 2
Tmplt: 07/25/19
proposed temporary trailers will be placed within the rear of the shopping center
for a limited time period and will be ancillary to an existing commercial
development.
Finding:
B. The operation of the limited duration use at the location proposed and within the time
period specified would not be detrimental to the harmonious and orderly growth of
the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow two temporary electric refrigeration trailers to store
ice and produce on-site for the Independence Day holiday as conditioned.
2. The operation of the electric refrigeration units is limited to the hours of 7:00 a.m. to
9:00 p.m., daily. The trailers are limited from June 29, 2022 through July 7, 2022, to
reduce the impact of noise to surrounding residents.
3. Electric refrigeration trailers have been used at the subject property on holiday
weekends during similar hours in the past and the use has not proven detrimental.
Sound blankets are required to reduce noise impacts.
4. Conditions of approval require the location of the trailer within and adjacent to the
loading dock area, which is approximately 100 feet from the nearest residence and
will be partially screened by existing trees and landscaping along 30th Street. The
generators will be oriented to face away from nearby residents.
Finding:
C. The subject lot is adequate in size and shape to accommodate the limited duration
use without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 3.75 acres in size. Based upon the site plan, there
is adequate area to accommodate the proposed trailers and existing uses without
impacting vehicle circulation. The ice trailer will be located adjacent to the loading
dock and will occupy two required parking spaces for a limited duration (eight days).
2. The lot is bounded by Balboa Boulevard to the west, Newport Boulevard to the east,
32nd Street to the north, and 30th Street to the south. The adjacent right-of-way (30th
Street) separates the lot from nearby residential properties within the R-2 (Two-Unit
Residential) Zoning District. A public parking lot is located directly across 30th Street,
adjacent to where the trailer will be parked.
Pavilions Temporary Refrigerated Trailers (PA2022-075)
May 26, 2022
Page 3
Tmplt: 07/25/19
Finding:
D. The subject lot is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the limited
duration use would or could reasonably be expected to generate;
Facts in Support of Finding:
1. The subject lot has four direct driveway approaches taken from Newport Boulevard,
32nd Street, Balboa Boulevard, and 30th Street. The 40-foot ice trailer’s location above
the loading dock will not impede access or truck access to the loading dock at the
rear of the grocery store. The ice trailer will occupy two required parking stalls for a
limited period of time (eight days). The 26-foot produce trailer’s location within the
loading dock will still allow for deliveries within the other half of the loading dock
during the eight-day period and will not impede any parking spaces. No traffic or site
circulation issues are anticipated.
2. The produce trailer will be located within the loading dock and will not generate
additional traffic or impede access.
3. The limited duration use is for two temporary electric refrigeration trailers for the
grocery store to store ice and produce during the holiday weekends when significant
demand is anticipated.
Finding:
E. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations
acceptable to the Zoning Administrator; and
Fact in Support of Finding:
1. The proposed limited duration use will not create additional parking demand since
the two trailers will be utilized to store ice and produce for the grocery store. The two
parking spaces that the ice trailer will occupy will not have a detrimental effect on
parking demand within the shopping center since these spaces are typically
underutilized due to their location at the rear loading dock area. The public will not
have direct access to the temporary electric refrigeration trailers.
Finding:
F. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, the Municipal Code, and other City regulations.
Pavilions Temporary Refrigerated Trailers (PA2022-075)
May 26, 2022
Page 4
Tmplt: 07/25/19
Facts in Support of Finding:
1. The General Plan land use designation for this site is Neighborhood Commercial
(CN). The CN designation is intended to provide for a range of retail and service
uses developed in one or more distinct centers oriented to serve the needs of and
maintain compatibility with residential uses in the immediate area. The proposed
use is accessory to the existing retail use, will be utilized for a limited duration on-
site, and will not impede use of the site consistent with the CN designation.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN
designation is intended to provide for a range of retail and service uses developed
in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. The proposed trailers are
ancillary to the existing retail use, will be utilized for a limited duration on-site, and will
not impede use of the site consistent with the CN designation. The CN zoning district
allows temporary uses as specified within the Zoning Code and the proposed limited
duration use is consistent with this designation.
3. The site is not located within a specific plan area.
II. CONDITIONS
(Project-specific conditions are in italics)
1. The development shall be in substantial conformance with the approved site plan
except as noted in the following conditions.
2. Anything not specifically approved by this limited term permit is prohibited and must
be addressed by a separate and subsequent review.
3. The temporary electric refrigeration trailers shall be located within the rear loading
dock and adjacent to the rear loading dock area as shown on the site plan
(Attachment No. ZA 2). The generator on the ice trailer shall face away from the
nearby residences and shall be oriented southeast toward 3011 Newport Boulevard.
4. The temporary electric refrigeration trailers shall be limited to the storage of ice and
produce for the grocery store. Alcohol and other store merchandise shall not be
stored within the temporary trailer.
5. The 40-foot temporary electric refrigeration trailer for ice is permitted on-site for an
eight-day duration from June 29, 2022 through July 7, 2022. Storage of a trailer or
trailers on-site other than the dates specified is prohibited.
6. The 26-foot temporary electric refrigeration trailer for produce is permitted on-site for
an eight-day duration from June 29, 2022 through July 7, 2022. Storage of a trailer
or trailers on-site other than the dates specified is prohibited.
Pavilions Temporary Refrigerated Trailers (PA2022-075)
May 26, 2022
Page 5
Tmplt: 07/25/19
7. Operation of the refrigeration units within the temporary trailers shall be limited to the
hours of 7:00 a.m. to 9:00 p.m., daily. If the hours of operation are not adhered to,
the applicant shall be subject to fines in accordance with Newport Beach Municipal
Code (NBMC) Chapter 1.05.020 (Authority and Administrative Citation Fines). Fines
may reflect the maximum amount, as authorized by the City Manager or his/her
designee.
8. The refrigeration trailers shall comply with the noise standards of Chapter 10.26
(Community Noise Control) of the City of Newport Beach Municipal Code. The
maximum noise generated by the proposed use shall not exceed a noise level equal
to the value of the noise standard plus 20 DBA for any period of time, as measured
using A-weighted slow response. Sound barrier materials (blankets) shall be installed
at all times to inhibit the noise. The Code Enforcement Officer may require additional
sound testing and attenuation at his/her discretion to comply with the noise standards
of the Municipal Code.
9. The applicant shall provide a 24-hour contact number for emergencies, complaints,
or concerns to Code Enforcement and interested parties upon request during the
time period the trailers are authorized.
10. The applicant shall identify an individual whose job it is to shut down the generator
on or before 9:00 p.m. each evening. This person’s name shall be provided to the
City of Newport Beach Police Department Watch Commander via email each day
that the generator is in operation.
11. The generators on each temporary electric refrigeration trailer shall be set back 20
feet from the rear property line along 30th Street and 5 feet from any adjacent
structures.
12. The temporary trailers shall not restrict vehicle circulation, truck access to the loading
dock, or the public right-of-way at the rear of the grocery store.
13. Access for emergency vehicles must be maintained around the temporary trailer
within the parking area. A minimum clearance of 14 feet is required adjacent to the
trailer. Twenty feet of clearance is required in all other areas of the required fire
access roadway around Pavilions Grocery Store.
14. The trailers shall not block any firefighting equipment such as fire hydrants, standpipe
connections, or fire department connections.
15. The refrigeration trailers must be registered by the Department of Motor Vehicles
(DMV) to be exempt from requirements for building permits.
16. An electrical permit and proper grounding and bonding shall be required if power is
used elsewhere than the generator on the trailers.
Pavilions Temporary Refrigerated Trailers (PA2022-075)
May 26, 2022
Page 6
Tmplt: 07/25/19
17. The Limited Term Permit is for the operation of two temporary electric refrigeration
trailers on-site for the hours and dates specified and does not authorize the use or
operation of additional storage trailers on-site.
18. Should the temporary refrigeration trailers become a detriment to the public health,
comfort, convenience, safety, and general welfare of the peace and quiet of the
neighboring properties and their inhabitants, this permit may be revoked.
19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of the
Pavilions Temporary Refrigerated Trailers including, but not limited to,
Limited Term Permit No. XP2022-005 (PA2022-075). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
Approved by:
MKN/cnc
Attachments: ZA 1 Vicinity Map
ZA 2 Site Plan
Attachment No. ZA 1
Vicinity Map
Tmplt: 07/25/19
VICINITY MAP
Limited Term Permit No. XP2022-005
(PA2022-075)
3100 Balboa Boulevard
Subject Property
Attachment No. ZA 2
Site Plan
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