HomeMy WebLinkAbout2059 - A conditional use permit to establish security and noise control procedures and standards for outdoor events at the Newport Dunes Resort and Marina. RESOLUTION NO. 2059
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH FINDING COMPLIANCE WITH THE
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
NO. UP2015-021 (PA2015-084)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 3, 2016, the Planning Commission of the City of Newport (City) adopted
Resolution No. 2009 approving Conditional Use Permit UP2015-021, which allowed the
Newport Dunes Resort to host a specified number of special events.
2. On February 17,2016, Council Member Duffy Duffield filed with the City Clerk a Call for Review
of the Planning Commission's approval of Conditional Use Permit UP2015-021 to allow the
entire City Council to consider the use permit.
3. On May 10, 2016, the City Council of the City of Newport Beach held a public hearing to
consider the Call for Review and upheld and modified, in part, the decision of the Planning
Commission to approve Conditional Use Permit UP2015-021.
4. The City Council added a new condition requiring a sound level monitor at all Level 1 events
and a new condition requiring the Planning Commission to review Conditional Use Permit
UP2015-021 within one year to determine compliance with the conditions of approval and the
effectiveness of the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol.
5. The subject property is located within the Newport Dunes Planned Community(PC 48)Zoning
District and the General Plan Land Use Element category is Park and Recreation (PR).
6. The subject property is located within the coastal zone. The Coastal Zoning District is Newport
Dunes Planned Community (PC 48) and the Coastal Land Use Plan category is Park and
Recreation (PR).
7. A public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was
given in accordance with the Newport Beach Municipal Code. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 23 (Normal
Operations of Facilities for Public Gatherings).
2. The Class 23 exemption consists of the normal operations of existing facilities for public
gatherings for which the facilities were designed, where there is a past history of the facility
Planning Commission Resolution No. 2059
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being used for the same or similar kind of purpose. Facilities included within this exemption
include, but are not limited to, racetracks, stadiums, convention centers, auditoriums,
amphitheaters, planetariums, swimming pools, and amusement parks.
3. The project site is an aquatic park with facilities for public gatherings, including meeting
rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project
site has historically been utilized as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events. Currently, there is no
limitation on the number of events that can occur on the project site; therefore, the
reasonable expectation is that, under the terms of the conditional use permit which limits
the number of events, there would be no change in the operation of the facility.
4. The Planning Commission finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys'fees in such challenges. As project applicants
are the primary beneficiaries of such approvals, it is appropriate that such applicants should
bear the expense of defending against any such judicial challenge, and bear the
responsibility for any costs, attorneys' fees, and damages which may be awarded to a
successful challenger.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds that the project has operated in
compliance with the conditions of approval and that the applicant has implemented a practical system
of sound monitoring and control.
PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF JUNE, 2017.
AYES: Dunlap, Hillgren, Kramer, Lawler, Weigand
NOES: None
ABSENT: Koetting, Zak
BY: &an Kory ra r
f
BY:
PeterzV7, Secretary
cJ CLr A,N0
03-03-2015