HomeMy WebLinkAbout04_Clearwater Temporary Sales Trailer Limited Term Permit_PA2022-0210CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 23, 2022
Agenda Item No. 4
SUBJECT: Clearwater Temporary Sales Trailer (PA2022-0210)
▪Limited Term Permit (More Than 90 Days)
SITE LOCATION: 2424 Bristol Street
APPLICANT: Douglas Pancake Architects
OWNER: 2424 Bristol Partners LLC
PLANNER: David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: General Commercial Office (CO-G)
•Zoning District: Santa Ana Specific Plan (SP-7)
PROJECT SUMMARY
The applicant requests a limited-term permit to place one temporary trailer in the parking
lot of an existing office building at 2424 Bristol Street for a one (1)-year term. The temporary
trailer will be used as a sales office for pre-leasing activities for the Clearwater Senior Living
project, which is to be constructed in the adjacent lot at 101 Bayview Place.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Limited Term Permit
(more than 90 days) (Attachment No. ZA 1).
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Clearwater Temporary Sales Trailer (PA2022-0210)
Zoning Administrator, November 23, 2022
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DISCUSSION
• The limited-term permit will allow one temporary trailer to serve as a sales office for
promotional and pre-leasing activities during the construction of the adjacent senior
living project at 101 Bayview Place. The temporary trailer is proposed to operate from
9 a.m. to 5 p.m., daily.
• The property is bounded by Bristol Street to the north and east, Zenith Avenue to the
south, residences to the west and south, and the Clearwater Senior Living project
site to the southwest. The property is improved with a 43,549-square-foot
professional office building, which requires 175 parking spaces. The existing parking
lot provides 189 parking spaces, which is a 14-space surplus. The temporary trailer
would temporarily displace nine (9) parking spaces in the existing parking lot, which
would leave 180 parking spaces (5 space surplus) that are accessible throughout the
duration of the LTP. The surplus parking spaces are expected to be adequate for the
employees and prospective residents. The temporary trailer will not negatively affect
any of the surrounding uses.
• The temporary office trailer will be placed on private property. The trailer will be visible
to motorists traveling on Bristol Street. However, the trailer will be placed in an
isolated portion of the parking lot that is partially screened by an existing trash
enclosure and landscaping. The southeastern portion of the parking lot where the
trailer will be located has been conditioned to have a K-rail to prohibit vehicular
access.
• The temporary trailer is proposed to operate from 9 a.m. to 5 p.m., daily. The
temporary trailer will have approximately two (2) employees at any given time. The
purpose of the trailer is for pre-leasing activities with potential residents of the future
Clearwater Senior Living project at 101 Bayview Place. The temporary trailer is not
expected to generate significant amounts of traffic.
• The trailer will not negatively affect the adjacent residence at 2491 Zenith Avenue,
which abuts the property to the south. The trailer is proposed to be set back a
minimum of 10 feet from the residential property line. Additionally, the access ramp
and front entrance to the trailer are facing the opposite direction from the residence.
The hours of operation are conditioned and the operation must comply with the City’s
noise and lighting standards.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
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.
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Clearwater Temporary Sales Trailer (PA2022-0210)
Zoning Administrator, November 23, 2022
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Associate Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
LIMITED-TERM PERMIT FOR A TEMPORARY TRAILER
LOCATED AT 2424 BRISTOL STREET TO BE USED AS A
LEASING OFFICE DURING THE CONSTRUCTION OF THE
CLEARWATER SENIOR LIVING PROJECT (PA2022-0210).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Douglas Pancake Architects (“Applicant”), with respect to the
property located at 2424 Bristol Street, legally described as Lots 8 through 20 of Tract 1499
(“Property”), requesting approval of a Limited Term Permit (More than 90 days).
2. The applicant proposes to place one temporary trailer in the parking lot of an existing office
building at 2424 Bristol Street for a one-year term. The temporary trailer will be used as a
sales office for pre-leasing activities for the Clearwater Senior Living project, which is
currently under construction in the adjacent lot at 101 Bayview Place. The temporary trailer
will be located in the southeastern portion of the parking lot directly adjacent to 101
Bayview Place.
3. The subject property is designated General Commercial Office (CO-G) by the General
Plan Land Use Element and is located within the Professional and Administrative Office
District of the Santa Ana Heights Specific Plan (SP-7) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 23, 2022, online via Zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code. 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 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. Class 11 exempts the placement of seasonal or temporary use items such as lifeguard
towers, mobile food units, portable restrooms, or similar items. The proposed temporary
office trailer will be placed within an existing parking lot for a temporary period and will
be ancillary to the proposed development being constructed in the adjacent property.
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3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location 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 (Limited Term Permits) 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 limited duration uses at the location proposed and within the 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 one temporary office trailer to serve as an office for
promotional and pre-leasing activities during the construction of the adjacent senior living
project at 101 Bayview Place.
2. The Property is currently improved with a 43,549-square-foot professional office building.
The Zoning Code requires professional office users to provide one parking space per every
250 square feet of net floor area. Based on this requirement, the office use requires 175
parking spaces. The existing parking lot provides 189 parking spaces, which is a 14-space
surplus. The temporary trailer would temporarily displace nine (9) parking spaces in the
existing parking lot, which would leave 180 parking spaces (5-space surplus) that are
accessible and available for use throughout the duration of the LTP. The surplus parking
spaces are expected to be adequate for the employees and prospective residents. The
temporary trailer is not expected to be detrimental to the parking for the office use at 2424
Bristol Street.
3. The temporary trailer is proposed to operate from 9 a.m. to 5 p.m., daily.
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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 2.09 acres in size. Based on the site plan, there is
adequate area to accommodate the proposed modular buildings and existing uses without
impacting vehicle circulation. The temporary trailer will be in the southeastern portion of
the parking lot and has been conditioned to ensure that it will not negatively impact on-site
circulation.
2. Fact 2 in support of Finding A is hereby incorporated as a reference.
3. The Property is bounded by Bristol Street to the north and east, Zenith Avenue to the south,
residences to the west and south, and the Clearwater Senior Living project site to the
southeast. The temporary trailer will not negatively affect any of the surrounding uses.
3. The temporary office trailer will be placed on private property. The trailer will be visible to
motorists traveling on Bristol Street. However, the trailer will be placed in an isolated portion
of the parking lot that is partially screened by an existing trash enclosure and landscaping.
4. There is a residence at 2491 Zenith Avenue, which is adjacent to the proposed trailer
location to the south. The trailer is proposed to be set back a minimum of 10 feet from the
residential property line. Additionally, the access ramp and front entrance to the trailer are
facing the opposite direction from the residence. The hours of operation are conditioned to
be limited from 9 a.m. to 5 p.m., daily and must comply with City’s noise and lighting
standards. Therefore, the trailer will not negatively affect the adjacent residence.
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 Property has direct driveway approaches taken from Bristol Street and Spruce
Avenue. The temporary trailer’s location in the southeastern corner of the parking lot will
not impede access to the existing office building. There are no traffic issues anticipated.
2. The temporary trailer will have approximately two employees at any given time. The
purpose of the trailer is for pre-leasing activities with potential residents of the future
Clearwater Senior Living project at 101 Bayview Place. The temporary trailer is not
expected to generate high amounts of traffic.
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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 trailer is not expected to create a significant parking demand since it is for
pre-leasing activities for the future project in the adjacent lot.
2.Fact 2 in support of Finding A is hereby incorporated as a reference.
3.Fact 1 in support of Finding B is hereby incorporated as a reference.
4.Fact 2 in support of Finding C is hereby incorporated as a reference.
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 temporary trailer is conditioned to comply with all applicable provisions of the General
Plan, Municipal Code, and other City regulations.
2.The site 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 approves a Limited Term
Permit (PA2022-0210), subject to the conditions outlined in Exhibit A, which is attached
hereto and incorporated by reference.
2.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 in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF NOVEMBER, 2022.
_____________________________________
Benjamin Zdeba, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1.The development 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.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 be cause for revocation of this Use
Permit.
4.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.
5.Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to the Limited Term Permit or the
processing of a new Limited Term Permit.
6.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.
7.This Limited Term Permit shall expire twelve (12) months from the issued date of building
occupancy unless an extension of up to one (1) additional period of 12 months is granted
by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and
Extensions) of the Zoning Code. 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.
8.The hours of operation for the temporary trailer shall be limited from 9 a.m. to 5 p.m., daily.
9.At the expiration of this limited-term permit, the temporary trailer and all associated
accessory structures (ie. K-rail and access ramp) shall be removed and the parking lot
shall be returned to previous conditions.
10.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
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applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required before the issuance of a building permit.
11.Accessible parking and path of travel shall be provided and maintained.
12.The southeastern portion of the parking lot where the trailer shall be closed for parking and
shall have a K-rail placed across the drive aisle to prohibit vehicular access.
13.Before to the issuance of a Building Permit, the Applicant shall provide State of California
approval for the modular building.
14.All temporary structures are required to be inspected by a Building Division Inspector.
The applicant shall comply with all lawful orders and requirements of the Building
Inspector.
15.The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, 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.Lighting shall comply with applicable standards of the Zoning Code. Exterior on-site
lighting shall be shielded and confined within site boundaries. No direct rays or glare are
permitted to shine onto public streets or adjacent sites or create a public nuisance.
“Walpak” type fixtures are not permitted. If in the opinion of the Community Development
Director the existing illumination creates an unacceptable negative impact on
surrounding land uses or sensitive habitat areas, the dimming of light sources or other
remediation may be ordered. An electrical permit shall be secured for lighting as required
by the Building Division.
17.All electrical shall be in good working order and shall be protected from pedestrian traffic.
An electrical permit shall be obtained, and the site inspected by the Building Division.
18.Should the temporary trailer become a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace of the neighboring properties and
their inhabitants, this permit may be revoked.
19.The approval of the requested limited-term permit is contingent upon compliance with
applicable provisions of the Municipal Code and the successful granting of all required
permits from any other department or governing agency.
20.Before to 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.
21.All noise generated by the proposed use shall comply with the provisions of Chapter
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10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
22. 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.
23. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise-generating construction activities are not allowed on Sundays or Holidays.
24. No outside paging system shall be utilized in conjunction with this establishment.
25. All trash shall be stored within the building or within dumpsters stored in the on-site trash
enclosures or otherwise screened from view of neighboring properties, except when
placed for pick-up by refuse collection agencies.
26. 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.
27. The exterior of the trailer shall be maintained free of litter and graffiti at all times. 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.
28. 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).
29. 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
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every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of the Clearwater Temporary Sales Trailer including, but
not limited to, Limited Term Permit (PA2022-0210). 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 of the City's
costs, attorney’s fees, and damages, 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit (More Than 90 Days)
PA2022-0210
2424 Bristol Street
Subject Property
Trailer Location
Clearwater Project Site
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Attachment No. ZA 3
Project Plans
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