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HomeMy WebLinkAbout07 - Waiver of Special Event Permit Fees for Commercial Businesses located on Balboa Peninsula, Mariners' Mile and West Newport7-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF April 12, 2016 Agenda Item No. 7 ABSTRACT: A resolution to temporarily waive application fees for special event permits submitted from April 13, to September 13, 2016, for special events involving the promotion of commercial businesses on Balboa Peninsula, in Mariners' Mile, and along West Coast Highway. RECOMMENDATION: a) Find that the action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and b) Adopt Resolution No. 2016-51, A Resolution of the City Council of the City of Newport Beach, California, Temporarily Waiving Application Fees for Special Events Involving Commercial Businesses on Balboa Peninsula, Mariners' Mile and West Newport. FUNDING REQUIREMENTS: Special event permit application fees range from $452 to $2,666, depending on the size, duration, and/or location of the event. In 2015, the Recreation and Senior Services Department issued a total of four (4) permits for commercial businesses in the program area. Staff anticipates receiving approximately 20 applications during the program period, which would result in a loss of $9,040 in application fee revenues. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:Laura Detweiler, Recreation and Senior Services Director - 949- 644-3151, ldetweiler@newportbeachca.gov PREPARED BY:Patrick Alford, Planning Program Manager — 949-644-3235 Matt Dingwall, Recreation Supervisor — 949-644-3152 TITLE:Waiver of Special Event Permit Fees for Commercial Businesses located on Balboa Peninsula, Mariners' Mile and West Newport Waiver of Special Event Permit Fees for Commercial Businesses located on Balboa Peninsula, in Mariners' Mile, and Along West Coast Highway April 12, 2016 Page 2 7-2 DISCUSSION: For the past several years, commercial businesses in Mariners’ Mile, West Newport and on the Balboa Peninsula (see maps in Attachment A) have endured multiple public utility and construction improvement projects on West Coast Highway, Newport Boulevard, and Balboa Boulevard. To encourage special events that promote area businesses (e.g., sidewalk sales, parking sales, live entertainment), staff is proposing a waiver of special event permit application fees for eligible events that are applied for between April 13, 2016 and September 13, 2016. Approved special events applied for through the program can occur until December 31, 2016. Businesses will be limited to three qualifying events. The program is tentatively titled “Pardon Our Dust” or “POD”. To help promote the POD program, staff has prepared a flyer (see Attachment B), which details the location of eligible businesses and examples of qualifying events. In addition, a Web page has been created (newportbeachca.gov/pod) as a resource for the businesses to quickly locate the permit application, contact information, and details of the program. Additional outreach will be conducted through the Public Information Office by using social media and news releases and working with the merchant associations and the City’s restaurant association business improvement district to reach eligible businesses. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A – Draft Resolution / Program Area Maps Attachment B – Draft Program Flyer RESOLUTION NO. 2016–__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA TEMPORARILY WAIVING APPLICATION FEES FOR SPECIAL EVENTS INVOLVING COMMERCIAL BUSINESSES ON BALBOA PENINSULA, MARINERS' MILE AND WEST NEWPORT WHEREAS, commercial businesses on Balboa Peninsula, Mariners’ Mile and West Newport and on have recently endured the impacts of necessary public utility and construction improvement projects; WHEREAS, the City Council recognizes that the community as a whole benefits from vibrant commercial corridors and districts; WHEREAS, the City Council desires to provide an incentive for special events to promote commercial businesses in these areas by temporarily waiving application fees for special event permits; WHEREAS, Chapter 11.03 of the Newport Beach Municipal Code requires a special event permit approved by the Recreation and Senior Services Director for events, such as concerts, sporting events, festivals and fairs, vehicle and boat shows, firework displays and other outdoor events; and WHEREAS, Chapter 3.36 of the Newport Beach Municipal Code and the City of Newport Beach's (“City”) fee schedule establish the fees for special event permit applications. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council waives special event application fees for special events that promote commercial businesses located on Balboa Peninsula, Mariners’ Mile and West Coast Highway, as those three geographical areas are depicted on Exhibit 1, which is attached hereto and incorporated herein by reference. The special event application fee waiver applies to special events held, or scheduled to be held, between the effective date of this resolution to and including December 31, 2016. Special event applications may be submitted under this wavier commencing on the effective date of this resolution and through and including September 13, 2016, at which time this waiver shall automatically sunset without further action by the City Council. Any special event permit applications submitted to the City prior to the effective date of this resolution, or after its sunset on September 13, 2016, are expressly excluded. Attachment A 7-3 Section 2: Except as expressly set forth herein, nothing contained in this resolution shall be deemed to waive any fees otherwise required by any other provision of law (including but not limited to fees for City zoning entitlements, environmental clearance, and/or fees collected by the City on behalf of any other public agency or entity), nor otherwise waive compliance with any other applicable provisions of the Newport Beach Municipal Code, City Charter, or any other City ordinance, policy or regulation. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution and the waiver of special event application fees is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of April, 2016. ______________________ Diane B. Dixon Mayor ATTEST: __________________________ Leilani I. Brown City Clerk Exhibit 1 Maps Depicting the Geographic Areas of the Balboa Peninsula, Mariners’ Mile and West Coast Highway 7-4 ES C A CT SUMMER LIDO BAR L O S T L A N C A S T E R CO A S T B L V D JO A N N E WA Y PRO S P E C T S T CT CT 53R D S T PA D E LUG O N I A CT NOR D I N A S T 47TH S T BARUNA A R I E S 49T H S T 55T H S T ST CEDAR ST SWIF T SERE N A NEP T U N E 46TH S T OLIV E S T SUNSET DR 57T H S T ODYSSEY S T FALL CANAL HIG H L A N D CT DR M O J O WILDLAN C A S T E R 56T H S T LOA GOOD ST CT 51S T S T CT ST CT 61S T S T GOOSE 60T H S T COL U M B I A CT C T SON O R A S T WILL CT 59T H S T C T SANDS ST SUM M I T S T TRIB U T E C T C T CHANNEL P L VEN T O KA M A L I I GRA N T WAL N U T I N T R E P I D 54T H S T ST NE W P O R T 50T H S T DAV I D S T ST CT COL T O N C I R 62N D S T FER N GR E T E L CT 48TH S T AVE CT CED A R 58T H S T ENC O R E DRI V E LID O SA N D S C T ST CT ST ROBON IMA 52N D S T WIND STLAND CT SH O R E S B A L B O A CO A S T MO N R O V I A ORA N G E S T R E E T RIVE R AVE N U E DRI V E ST S T R E E T SE A S H O R E 6 2 N D ST CA N A L OC E A N T I C O N DEROGA RI V E R ST P R O S P E C T A-6 West Newport 0 500 1,000250Feet I City of Irvine City of Costa Mesa City of Laguna Beach Pacific Ocean Banning Ranch HWY Name: A-6_West_Newport / October 26, 2010 7-5 36TH 35TH S T R E I M S 38TH LN ST VIA LN C L U B H O U S E FI N L E Y A V E AVE ST S H O R T CA G N E Y CE N T R A L A V E HOAG DR FI N L E Y ST PL VIA MALAGA B A R C E L O N A 34TH S T VIA AN T I B E S W A Y COR D O V A AV E N E W P O R T HIGHWAY TUS T I N A V E FUL L E R T O N J O L L A TUS T I N LA AVE AVE ST R E E T RED L A N D S CLI F F V I E WAVON RIV E R S I D E EL C A T A L I N A AVO N S T L I D O V I A O P O R T O ALIS O M A R C U S SAN MOD E N A P A R K P L D R O C E A N CLIFF A V E S T IRV I N E BE A C O N ST 32nd STREET DR AVE VIA LIDO RI V O A L T O TURNING ISLE LIDO C H A N N E L RIALT O BASIN BLV D COAST HW Y A-5 Lido Marina Village / Mariner's Mile 0 500250Feet I City of Irvine City of Costa Mesa City of Laguna Beach Pacific Ocean Lido Marina Village Mariner's Mile Name: A-5_Mariners_Mile / October 26, 2010 7-6 WEST D O V E R J A M B O R E E D R I V E C E N T E R BA L B O A BA L B O A N E W P O R T N E W P O R T B L V D HIGHWAY BL V D COAST DR HIGHWAY SUP E R I O R B A L B O A SA N T A W E S T BL V D EA S T N E W P O R T TUS T I N BA Y V I E W D R A V E G S T HA V E N P L ST PL MIRAMAR RED L A N D S DR AVON O P O R T O ST NORTH SAN DRIVE PL BAY FRONT S O U T H RD M A L A B A R PL A V E P E S C A D O R CAPE D R AVE STR E E T 32nd STREET BEG O N I A DR VIA S A N T I A G O AVE LN S I G N A L M A R I N O D R ZAH M A D R TE R A N G E L I T A OCEAN AVE N U E S A N T A N A D R FR O N T R A M O N A DOONE S O M E R S E T S A B R I N A CAR N A T I O N DR W A Y ST AVO N S T BONNIE ST OCEAN AVE H I G H B L U F F D R WE S T C L I F F ACA C I A POLA R I S A N D OVE R R D G R A N V I L L E CH U B A S C O D R AVE CIRC L E ST SANTANELLA FULL E R T O N BAY S I D E BER N A R D I N O FRO N T S E A S H O R E M C F A D D E N LA I AVE AVE STR E E T TE R DR V I E W SN U G CO L L I N S K -T H A N G A P L RI V E R DANBURY 28TH ALIS O M A R C U S LAU R E L P L D R B E R K S H I R E D R G A L A T E A EL PAS E O D R AL T U R A D R LN STAR LN SERENADE TER LI D O P A R K D R S T DR AVE ROAD DR A R C H B A Y D R ST C H A N N E L H A R B O R BLVD SEC O N D DR FIR S T FER N L E A F GOL D E N R O D DR J A M E S DR CRESTVIEW KINGS SEADRIFT WAY A V E MARAPA T A D R DR VIS T A TA H U N A T E R PL E A S T CO R A L STR EET AVE B A R B A R A WEST TER ARB O R N O R TH RIV E R S I D E D R EVIT A D R MAI N ISLAND DR V I A NO R T H S T A R L N ST R D O C E A N AVE F R O N T BE A C O N BALBO A HOLMW O O D OC E A N MA R G A R E T DR ST B A Y A D E R E SHO R E TUS T I N CLI F F P A T O L I T A D R PA C I F I C EL M DR S T AN D R E W S LI D O DR 15 T H R D AVO C A D O MA R I N E R D C A S T A W A Y S DR WEST H A RBOR CAPE BAY 19 T H SEA G U L L L N W A V E RL Y D R 22ND S T ST 30TH CAPE AVENUE K I N G S DR BAY FRO N T PI R A T E AVE DR CO U R T ST PAL M S T BAY S E A R I D G E D R WO O D B U R Y TE R TE R TER DRI V E ST BAY P A R K P L ST R E E T CLIFF K EWAMEE S T PAR K DAH L I A AV E CLA Y ST E S S E X J O L L A 32ND B A Y ST A R L N DOL P H I N OX F O R D S P R I N G TID E DR SAN CLEMENTE DR EAS T EVENING SANT A AV E C A T A L I N A LA K E 20T H 6 3 MORNINGCASTAWAYS L N AVE MOD E N A RD S E V I L L E L N E W P O R T E ROC E A N IRV I N E AVE JA MES D R NE W P O R T CH A N N E L B A S I N ISLAND B A L B O A W E S T L I D O C H A N N E L CH A N N E L H A R B O R E N T R A N C E T U R N IN G C H A N N E L LI D O P A C I F I C O C E A N 47th St. A-2 Balboa Peninsula 0 2,0001,000 Feet I City of Irvine City of Costa Mesa City of Laguna Beach Pacific Ocean Name: A-2_Balboa_Peninsula / October 26, 2010 7-7 7-8