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HomeMy WebLinkAboutPA2023-0008_20230316_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 March 16, 2023 Thacker Berry Farms Thacker Claudia 2124 Ridgeview Terrace Dr. Signal Hill, CA 90755 berriesforclaudia@gmail.com Subject: PA2023-0008 2401 Irvine Ave Thacker Berry Farms Strawberry Stand Dear Claudia, 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 March 16, 2023 and effective on March 30, 2023. 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, CC/oo cc: Sadie Cullumber, Pastor Harbor Christian Church 2401 Irvine Ave. Newport Beach, Ca 92626 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: Thacker Berry Farms Strawberry Stand PA2023-0008 ▪ Limited Term Permit Site Location 2401 Irvine Avenue Applicant Thacker Berry Farms Legal Description Parcel 1 of Block 38, Page 14 On March 16, 2023, the Zoning Administrator approved a limited term permit (less than 90 days) to allow a temporary prefabricated wooden strawberry stand in the parking lot of Harbor Christian Church located at 2401 Irvine Avenue. The strawberry stand will occupy one parking space in the southeastern corner of the parking lot and will sell locally grown, fresh-picked strawberries to the community. The strawberry stand will be permitted to operate from March 30, 2023, to June 27, 2023. LAND USE AND ZONING • General Plan Land Use Plan Category: PI (Private Institutions) • Zoning District : PI (Private Institutions) • Coastal Land Use Plan Category: PI-A (Private Institutions – 0.0-0.30 FAR) • Coastal Zoning District: PI (Private Institutions) I. FINDINGS Pursuant to Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of those findings are set forth: 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 and use of seasonal or temporary items such as lifeguard towers, mobile food units, portable restrooms, or similar items. The proposed temporary strawberry stand will occupy one parking space within the Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 2 Tmplt: 07/25/19 private parking lot of Harbor Christian Church for a limited time period and will not change the operational nature of the existing religious assembly use. 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 a temporary strawberry stand to sell locally grown, fresh-picked strawberries on-site for a limited duration (less than 90 days), as conditioned. 2. The operation of the strawberry stand is limited to the hours between 10 a.m. to 5 p.m. to reduce the impact of noise and traffic to surrounding residents. The strawberry stand is allowed to be in operation between March 30, 2023, to June 27, 2023. 3. The proposed strawberry stand is approximately 8 feet in width and 8 feet in depth. The strawberry stand will occupy one parking space for a limited duration in the southeastern corner of the Harbor Christian Church parking lot. Queuing customers will gather within the parking space. The drive aisle is expected to remain free and clear for vehicle maneuvering and circulation. 4. The proposed strawberry stand is located in the Harbor Christian Church parking lot. Conditions of approval require the area of the strawberry stand to be maintained daily for the removal of trash. All trash shall be stored within the building or within the on- site trash enclosures, screened from view of neighboring properties. 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 2 acres in size. Based on the site plan, there is adequate area to accommodate the proposed strawberry stand and existing uses without impacting vehicle circulation. The strawberry stand will occupy one parking space in the southeastern corner of the Harbor Christian Church parking lot for a limited duration (less than 90 days). Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 3 Tmplt: 07/25/19 2. The lot is bound by Irvine Avenue to the north and east, Tustin Avenue to the west, and Santa Isabel Avenue to the south. The adjacent rights-of-way (Tustin Avenue, Santa Isabel Avenue, and Irvine Avenue) separate the lot from nearby residential properties within the R-1 (Single-Unit Residential) Zoning District to the south, residential properties in the City of Costa Mesa to the north and west and the Upper Back Bay to the east. 3. The strawberry stand will occupy one parking space for a limited time period and will not conflict with peak use hours for regular church services and daycare operations on-site. 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; Fact in Support of Finding: 1. The subject lot has two direct driveway approaches coming from Tustin Avenue and Santa Isabel Avenue. The strawberry stand’s location in the southeastern corner of the parking lot will not impede access to the church at the northern side of the parking lot. The strawberry stand will occupy one required parking stall for a limited time period (less than 90 days). No traffic or site circulation issues are anticipated and the hours of operations will occur in off-peak hours from church services and daycare drop-off and pick-up hours on-site. 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 Facts in Support of Finding: 1. The proposed limited-duration strawberry stand will create nominal additional parking demand since it is small in size and operates only from 10 a.m. to 5 p.m., daily, and may close early if the stand sells out of strawberries for the day. The single parking space that the strawberry stand will occupy will not have a detrimental effect on parking demand within Harbor Christian Church since the space is typically underutilized for most of the week due to religious services primarily being offered on the weekends. 2. The proposal does not include any additional attractions that would increase the visiting time for patrons. Patrons visiting the strawberry stand are not expected to linger onsite after making a purchase, such that there will be adequate turnover in the parking lot. Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 4 Tmplt: 07/25/19 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. Facts in Support of Finding: 1. The General Plan land use category for this site is PI (Private Institutions). The PI category is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed use is accessory to the existing religious assembly use, will be used for a limited duration on-site, and will not impede use of the site consistent with the PI designation. 2. The site is located in the PI (Private Institutions) Zoning District. The PI designation is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The proposed use is ancillary to the existing religious assembly use, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the PI designation. The PI 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 located in the PI (Private Institutions) land use category of the Coastal Land Use Plan and is within the PI (Private Institutions) Coastal Zone District. The PI designation is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. Table 21.26-1 of the NBMC indicates that temporary uses and accessory structures are allowed within the PI Coastal Zone District. As the project is the temporary placement of a small structure for retail sales of strawberries and other fresh fruits within a private parking lot, it is exempt from obtaining a coastal development permit consistent with Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of the NBMC. The project’s operation is not within a sensitive area and is further not expected to prove detrimental to any coastal resources, including access and views. 4. The site is not located within a specific plan area. II. CONDITIONS OF APPROVAL Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 5 Tmplt: 07/25/19 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 strawberry stand shall be located within the southeastern corner of the Harbor Christian Church parking lot, as shown on the site plan (Attachment No. ZA 2). The strawberry stand shall occupy a maximum of one parking space. 4. The strawberry stand shall be limited to the sale of strawberries and other fruits. No alcohol or prepared food shall be sold. 5. The temporary strawberry stand is permitted on-site for a duration between March 30, 2023, to June 27, 2023. Operation of a strawberry stand outside of the dates specified is prohibited. 6. Operation of and access to the strawberry stand shall be limited to the hours of 10 a.m. to 5 p.m., daily. 7. The strawberry stand 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. 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. 8. The strawberry stand and customer queuing shall not restrict vehicle circulation or obstruct the public right-of-way. Patrons shall be prohibited from standing or waiting within the adjacent parking stalls or vehicle drive aisle. 9. The strawberry stand shall not block any firefighting equipment such as fire hydrants, standpipe connections, or fire department connections. 10. There shall be no hazardous materials stored within the strawberry stand. 11. There shall be no trash stored within the strawberry stand or within the vicinity of the stand. All trash shall be stored within the church building or within dumpsters stored in the on-site trash enclosures, screened from view of neighboring properties. 12. The exterior of the strawberry stand shall be maintained free of trash, 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. Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 6 Tmplt: 07/25/19 13. The strawberry stand shall be securely locked when not in use. 14. No objects (such as construction materials, etc.) shall be stored behind and/or in the vicinity of the strawberry stand. 15. The strawberry stand shall not be located in a fire access lane. 16. A type 2410BC fire extinguisher shall be located at the stand at all times. 17. All routes to the strawberry stand and service transactions shall be accessible. 18. Substantial barricades shall be placed around the strawberry stand. The barricades shall not impact the adjacent parking stalls or vehicluar drive aisle. 19. The Limited Term Permit is for the operation of one temporary strawberry stand for the hours and dates specified and does not authorize the use or operation of additional strawberry stands on-site. 20. Should the temporary strawberry stand 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. 21. The Community Development Director may impose whatever reasonable conditions are deemed necessary to assure that the strawberry stand is compatible with adjoining uses and does not result in significant negative impacts to the health, safety, peace, comfort and the welfare of persons residing or working in the general vicinity. 22. 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 Thacker Berry Farms Strawberry Stand including, but not limited to, Limited Term Permit No. PA2023-0008. 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. Thacker Berry Farms Strawberry Stand (PA2023-0008) March 16, 2023 Page 7 Tmplt: 07/25/19 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 NBMC. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Approved by: CC/oo Attachments: ZA 1 Vicinity Map ZA 2 Site Plan Attachment No. ZA 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Limited Term Permit PA2023-0008 2401 Irvine Avenue Subject Property Tmplt: 07/25/19 Attachment No. ZA 2 Site Plan