HomeMy WebLinkAbout01 - Jack's Surfboards Limited Term Permit - PA2015-077 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
�q�fFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 25, 2015
Agenda Item No. 1:
SUBJECT: Jack's Surfboards/Jack's Girls Outdoor Sales Limited Term Permit -
(PA2015-077)
2727 Newport Boulevard
• Limited Term Permit > 90 Days No. XP2015-044
APPLICANT: Jack's Surf & Sport, LLC
OWNER: Abdelmuti Development Company
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: CV (Commercial Visitor-Serving)
• General Plan: CV (Visitor-Serving Commercial)
PROJECT SUMMARY
A Limited Term Permit for a period of 12 months to allow outdoor sales of store
merchandise within three parking spaces of the on-site parking lot in front of the Jack's
Surfboards/Jack's Girls location. Outdoor sales may take place on various dates
requested by the applicant, up to nine times throughout the 12-month period beginning
with the date of the first sale requested in August 2015. Each sale would last up to four
consecutive days.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2015-044 (Attachment No. ZA 1).
1
V�
QP
�P
Jack's Surfboards/Jack's Girls Outdoor Sales Limited Term Permit
Zoning Administrator, June 25, 2015
Page 2
DISCUSSION
• The subject site, 2727 Newport Boulevard, is .94 acres, triangular in shape, and
is bounded by Newport Boulevard to the east, Balboa Boulevard to the west, 28th
Street to the north, and 26th Street to the south. It is a commercial site developed
with two detached buildings occupied by various commercial and service uses.
Jack's Surfboards/Jack's Girls occupies most of the square footage of the larger
building, which is located within the southerly portion of the site. The two
detached buildings have associated parking areas and there are a total of 86
parking spaces on the site. Vehicular access is provided via driveway
approaches from Newport and Balboa Boulevard.
• The applicant is requesting approval of a limited term permit for a period of 12
months for the purpose of conducting outdoor sales of typical merchandise from
their retail stores. Limited duration uses that are in excess of a 90 day period are
allowed within the Commercial Visitor-Serving (CV) Zoning District with approval of
a Limited Term Permit by the Zoning Administrator.
• As requested and recommended by staff, outdoor sales would be limited to nine
times throughout a 12-month period beginning with the date of the first sale
requested in August 2015 (Attachment ZA 3). Each sale may last up to 4
consecutive days (Attachment ZA 3).
• The outdoor sales area will be located within three parking spaces (under
portable canopies) located adjacent to the Jack's Surfboards storefront
(Attachment ZA 3).
• The applicant has provided, and the City Traffic Engineer has approved, a plan
which illustrates the placement of significant barricades that would be placed
around the perimeter of the outdoor sales area in order to delineate the sales
area from the adjacent parking spaces and drive aisles, and ensure the safety of
customers of the outdoor sale (Attachment ZA 3).
• Outdoor sales would take place in conjunction with the normal hours of operation
of Jack's Surfboards/Jack's Girls; typically from 8:00 a.m. to 9:00 p.m. Set-up for
the sale would occur prior to opening of the store. All unsold merchandise would
be removed from the outdoor sales area at the end of each sale date.
• Similar outdoor sales for Jack's Surfboards, as conditioned and in the same
location, have been conducted in the past with approval of the City and have not
proven detrimental.
TmpIt:04-17-14
Jack's Surfboards/Jack's Girls Outdoor Sales Limited Term Permit
Zoning Administrator, June 25, 2015
Page 3
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15304, of the California
Environmental Quality Act (CEQA) Guidelines - Class 4 (Minor Alterations to Land),
which exempts minor temporary uses of land having negligible or no permanent effects
on the environment. The project qualifies for this exemption because there will be no
permanent improvements to the site. The canvas canopies and temporary water
barricades permitted to delineate the temporary sales area within three parking spaces of
the on-site parking lot during the sales are conditioned to be removed at the end of each
sale.
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 may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Melinda Whelan
Assistant Planner
GR/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Sales Dates Requested
ZA 4 Site Plan and Outdoor Sales Area Plan
TmpIt:04-17-14
J
Attachment No. ZA 1
Draft Resolution
5
V�
QP
�P
RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT NO. XP2015-044 FOR OUTDOOR SALES FOR JACK'S
SURFBOARDS/JACK'S GIRLS LOCATED AT 2727 NEWPORT
BOULEVARD (PA2015-077).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jack's Surfboards, with respect to property located at 2727
Newport Boulevard, and legally described as Lake Tract, Lot 4 Block 127, and Lots 5 to
14 including portion of Lots 2/3 lying northerly of 26th Street, and all -except street-
Lots 15 to 19, including all in Block 127, Tract 418, requesting approval of a Limited
Term Permit for more than 90 days.
2. The applicant proposes a Limited Term Permit for a period of 12 months to allow outdoor
sales of store merchandise within three (3) parking spaces of the on-site parking lot in
front of the Jack's Surfboards/Jack's Girls location. The outdoor sales may take place on
various dates, up to nine (9) times throughout a 12-month period beginning with the date
of the first sale in August 2015. Each sale may last up to four (4) consecutive days.
3. The subject property is located within the Commercial Visitor-Serving (CV) Zoning District
and the General Plan Land Use Element category is Visitor-Serving Commercial (CV).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
Category is Visitor-Serving Commercial (CV-A 0.00- 0.75 FAR).
5. A public hearing was held on June 25, 2015 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class Section 15304, of the California
Environmental Quality Act (CEQA) Guidelines - Class 4 (Minor Alterations to Land),
which exempts minor temporary uses of land having negligible or no permanent effects
on the environment.
2. This project qualifies for this exemption because there will be no permanent
improvements to the site. The two (2) canvas canopies and temporary significant (water-
filled or similar) barricades permitted to delineate the temporary sales area within three
7
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 8
(3) parking spaces of the on-site parking lot during the sales are conditioned to be
removed at the end of each sale.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040.G (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a Limited Term
Permit 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, or 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.
Facts in Support of Finding:
1. The limited term permit will allow outdoor sales, which will be limited to nine (9)
times throughout a 12-month period beginning with the date of the first sale in
August 2015. Each sale may last up to four (4) consecutive days.
2. Outdoor sales will be limited to the sale of typical store merchandise and will be
conducted in conjunction with the normal hours of operation of Jack's
Surfboards/Jack's Girls, typically from 8:00 a.m. to 9:00 p.m.
3. Set-up for each sale day will occur prior to opening of the store, and all unsold
merchandise will be removed from the outdoor sales area at the end of each sale
day.
4. The outdoor sales area will be limited to a maximum of three (3) parking spaces
located adjacent to the Jack's Surfboards/Jack's Girls storefront. Portable canopies
(approximately 10 feet by 10 feet) may be erected within the three (3) parking
spaces. As conditioned, no ADA parking spaces will be utilized as part of the
outdoor sales area.
5. In order to enhance patron safety from vehicular traffic, the applicant has provided
and the City Traffic Engineer has approved, a plan illustrating the placement of
significant barricades around the perimeter of the outdoor sales area to delineate it
from the adjacent parking spaces and drive aisles.
6. Similar outdoor sales for Jack's Surfboards, as conditioned and in the same
location within the adjacent parking area, have been conducted in the past with
approval of the City and have not been proven detrimental.
03-03-2015
g
Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 8
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 site is a commercial property, which is .94 acres in size and developed
with two (2) detached buildings occupied by various retail and service uses. Jack's
Surfboards/Jack's Girls are retail sales stores which occupy most of the square
footage of the larger of the two (2) detached buildings, which is located within the
southerly portion of the site.
2. Outdoor sales will be conducted within three (3) parking spaces located directly in
front of Jack's Surfboards/Jack's Girls storefront. Based upon the site plan, the use
of the three (3) parking spaces will not impede traffic circulation on the site, nor will
it negatively impact required parking for other uses on the site. As conditioned, no
ADA parking spaces will be utilized as part of the outdoor sales area.
3. The subject site is bounded by Newport Boulevard to the east, Balboa Boulevard to
the west, 28th Street to the north, and 26`h Street to the south. The adjacent rights-
of-way (Newport Boulevard and Balboa Boulevard) serve as buffers between the
nearby residential properties within the R-2 (Two-Unit Residential) Zoning District.
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 subject site has two (2) direct driveway approaches, one (1) from Newport
Boulevard on the easterly side of the site and one (1) from Balboa Boulevard on
the westerly side. The location of the outdoor sales area will not impede access to
the site, and no traffic issues resulting from the outdoor sales are anticipated.
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.
03-03-2015
9
Zoning Administrator Resolution No. ZA2015-0##
Page 4 of 8
Facts in Support of Finding:
1. As conditioned, a maximum of three (3) parking spaces (eighty-six (86) parking
spaces on site) will be utilized for the outdoor sales area, and no ADA parking
spaces will be utilized as part of the outdoor sales area.
2. It is anticipated that, in addition to customers whose destination would be Jack's
Surfboards/Jack's Girls, the outdoor sales could attract both pedestrian and
vehicular customers of other uses on the site as well as in the surrounding area.
3. Per City Code Enforcement records, previous outdoor sales conducted with
approval of a use permit by the City and conditioned similarly to this permit have
not negatively impacted the parking for neighboring uses on the subject site.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan Land Use Element category for the site is CV (Commercial Visitor-
Serving). The CV designation is intended to provide for accommodations, goods, and
services intended to primarily serve visitors to the City. 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 CV designation.
2. The site is located in the CV (Commercial Visitor-Serving) Zoning District. The CV
zoning designation is intended to provide for areas appropriate for
accommodations, goods, and services intended to serve primarily visitors to the
City. 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 CV
designation. The CV 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2015-044, subject to the conditions set forth in "Exhibit A," which is
attached hereto and incorporated by reference.
03-03-2015
10
Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 8
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF JUNE, 2015.
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015
22
Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 outdoor sales shall be limited to nine (9) times throughout a 12-month period
beginning with the date of the first sale requested in August 2013. Each sale may last
up to four (4) consecutive days, provided the number of sale days does not exceed
thirty (30) within the 12-month period. The dates requested by the applicant and
approved with this permit are as follows: 2015 - August 7, 8, 9; August 14, 15, 16;
September 4, 5, 6, 7; November 27, 28, 29; December 23, 24, 26, 27; 2016 — January
1, 2, 3; March 25, 26, 27; June 17, 18, 19; July 1, 2, 3, 4. Any changes to the dates
specified shall require that the City be notified in advance.
4. To request a change to the sale dates approved with this Limited Term Permit, the
applicant shall submit a letter to the Community Development Director requesting the
change at least one (1)week prior to the new date.
5. This Limited Term Permit shall expire twelve (12) months from the date of the first sale
requested in August 2015, 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 prior to the expiration
date of this permit.
6. The Limited Term Permit shall be limited to outdoor sales of merchandise associated
with Jack's Surfboards/Jack's Girls only and does not permit outdoor sales as an
independent use. The sale of snacks, food and beverages shall be prohibited.
7. Outdoor sales shall take place in conjunction with the normal hours of operation of Jack's
Surfboards/Jack's Girls, typically from 8:00 a.m. to 9:00 p.m. Set-up for the sale shall
occur before the store opens. All areas shall be kept clean throughout the day. Any
unsold merchandise and any related items shall be removed from the outdoor sales
area at the end of each day by 10 p.m. The significant (water-filled or similar)
barricades may remain until the end of the last date of each sale.
8. The outdoor sales area shall occupy no more than three (3) parking spaces located
directly in front of the Jack's Surfboards storefront as shown on the approved plot plan
(approximately 20 feet by 10 feet for a total of 200 square feet) and shall not extend into
03-03-2015
12
Zoning Administrator Resolution No. ZA2015-0##
Page 7 of 8
the public right-of-way. No ADA parking spaces shall be utilized as part of the outdoor
sales area.
9. The outdoor sales area shall be separated from the adjacent building by a minimum of 20
feet.
10.No activities related to the outdoor sales are permitted on public property including any
portion of a public street or public sidewalk.
11.The outdoor sales shall not create a pedestrian or traffic hazard. The sales area shall be
surrounded by significant barricades (i.e. water-filled barricades or other barricades
approved by the Planning Division and Public Works Department) to delineate the sales
area and provide patron safety from adjacent vehicular traffic.
12.Any change to the approved plot plan/site plan delineating the location of the outdoor
sales area, barricade locations, and barricade type shall be reviewed and approved by
the Planning Division and City Traffic Engineer prior to the sale date and shall be
submitted to the Planning Division to be included in the project file.
13.The sales area shall be signed to clearly identify that the area is closed for vehicular
parking.
14.No posting of promotional signs is permitted on any portion of public property,
including trees, utility poles, street signs, etc. All signage located on-site shall comply
with Chapter 20.42 (Sign Standards) of the Zoning Code.
15.No amplified sound is permitted.
16.No smoking or open flames are permitted inside the canopies.
17.The sales area and vicinity will be kept clean at all times.
18.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 Jack's Surfboards/Jack's Girls Outdoor Sales
including, but not limited to, XP2015-044 (PA2015-077). 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
03-03-2015
13
Zoning Administrator Resolution No. ZA2015-0##
Page 8 of 8
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
FIRE
19.Tents and canopies having an aggregate area in excess of 400 square feet will not
require a permit if the following is provided: a. fabric tent is open on all sides, b. individual
tent does not exceed a maximum size of 700 square feet, tents placed side-by-side to
not exceed an aggregate area of 700 square feet, and a minimum clearance of twelve
(12) is maintained to all structures and other tents.
PUBLIC WORKS
20.All vehicles shall be lawfully parked. No fire lane exemptions.
21.No activity is permitted within the public right-of-way.
22.No posting of promotional signs is permitted on any portion of the public right-of-way,
including trees, utility poles and street signs, etc.
23.No exclusive use of public parking areas is permitted.
24.Activities shall not create a pedestrian or traffic hazard. Prevent crowds from blocking
sidewalks or standing in drive aisle.
25.Sales event area shall be surrounded by significant barricades (i.e. water-filled
barricades), to delineate the sales area and provide patron safety from adjacent vehicular
traffic within the parking lot.
26.The sales area shall be clearly signed to identify that the sales area is closed to vehicular
traffic and parking.
03-03-2015
-1
Attachment No. ZA 2
Vicinity Map
15
V�
QP
�P
2�
VICINITY MAP
win
lb
I f
WONO00
Limited Term Permit > 90 Days No. XP2015-044
PA2015-077
2727 Newport Boulevard
V�
QP
�P
sg
Attachment No. ZA 3
Sales Dates Requested
19
PP 0
16350 Gothard Street,#101
Huntington Beach,CA 92647
Phone(714)536-6567 Fax(714)536-7861
March 27,2015
Melinda Whelan
City of Newport Beach
Community Development Department- Planning Division
100 Civic Center Dr. P.O. Box 1768
Newport Beach,CA 92658-8915
Attached please find our application for a Limited Term Permit for Jack's Surfboards at 2727 Newport Blvd.,
Newport Beach. Our intention is to hold seasonal sales,outside of our stores(both Jack's Surfboards at#101 and
Jack's Girls at#100)utilizing three parking spaces in front of the stores. We will be putting up three(3) 10 x 10
pop-up canopies each morning of the sale and taking them down each evening. The hours of the sales are
generally 8:00 am to 8:00 pm. As we have always done in the past,water filled barricades will be used in front of
the canopies to protect customers from the drive lane traffic. There is ample parking on-site. We no longer need
"property owner"approval,as the owners of Jack's purchased the entire center in December,2012.
The following are the dates we would like to conduct our outdoor sales:
2015:
August 7, 8,9, 14, 15, 16
September 4, 5, 6, 7
November 27,28,29
December 23,24,26,27
2016:
January 1,2,3
March 25,26,27
June 17, 18, 19
July 1, 2,3,4
We have always and will continue to honor all conditions of any permit issued. Please review and let us know if
there is anything else required to expedite approval of this request.
ASoa_e ,
Property Manager for
Jack's Surfboards and
Abdelmuti Development
Attachments: Planning Permit Application
Site Plan
20
Attachment No. ZA 4
Site Plan and Outdoor Sales Area Plan
21
V�
QP
�P
PA2015-077 Attachment No. ZA 4 - Site Plan and Outdoor Sales Area Plan
SAIBOA PENINSULA, NEWPORT BEACH, CA
2027 &2727 Newport aoulevaTd
R" — SITE PLAN
— xv
'� 5 f Yi 4 1
s A, -,� • % - a1 y tags 1�t
4f
I
�
;D.
• sF �� � Ll/�. � �,,, ��;,L •yurCW.L l:il'�a!kl4R ' :.t k4mY4V�:YR'
{ �4 w •y - J � i� Y ./ �} L M5 ...�Yn'a�RIA'°MY3Jf{C a4 At0`.�!'J AYL
4,,•�9' ,. -i� � 'p�'"�' ?�. �l"rl�� u�� ..°.:.:.rminre� m3-�:�r y.x.�wro:v�a
I 4 - Ik81 CT
t /`.ss �` t k _ �. mmaam �sess'nsax a vsam:rmcvner
.-�`
3 � `S iJ ft t sJ• � +""'�reaetvem n, r�.r.w'�
J
41 t xWa.6�tl'
`II � i0. \ � � „+✓ k -' t. v'.t�y � �:svxx•a� A 7 ie+*:�..+LW
10
P � i
{ GDMVSP,'AL 4G1t MIA7[3E:11M..E5
K, iy_VESrMEMT GROUP e
PA2015-977 for XP2015-044
2 27 Newpod Boulevard
J Cws Surf&Sport,LLC
I
PA2015-077 Attachment No. ZA 4 - Site Plan and Outdoor Sales Area Plan
�i
AM
]PCIS 5
ad y
IN . �
On-Site Parldng JACKS SURFBOARDS
2727 NEWPORT SLvp. STE.. 1()l
Standard Spaces si
Disabled Spaces 5 NEWPORT BEACH CA 92663
. - -
Total Spaces 86
H—Disabled Stall
T—Trash enclosure — — —
T- Freestanding Sign PA2015-077 forXP2ots-o4a
2727 Newport Boulevard
Jacks surf&sport,LLC-
2=C.
�4
1 1 ` • - • • ••
moon
t, tit
C
is
ow
a�.'■" i
i