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HomeMy WebLinkAbout2014-20 - Approving Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 for a Replacement Yacht Club Facility for the Propoerties Located at 720 West Bay Avenue and Recinding Variance No. VA0863, Use Permit No. UP0652, Use PermitRESOLUTION NO. 2014 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -016 AND PLANNED DEVELOPMENT PERMIT NO. PL2012 -002 FOR A REPLACEMENT YACHT CLUB FACILITY FOR THE PROPERTIES LOCATED AT 720 WEST BAY AVENUE AND RESCINDING VARIANCE NO. VA0863, USE PERMIT NO. UP0652, USE PERMIT NO. UP1517, AND USE PERMIT NO. UP3645 FOR THE NEWPORT HARBOR YACHT CLUB (PA2012-091) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract, requesting approval of General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit. The following approvals are required in order to implement the project as proposed: • A General Plan Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single -Unit Residential (RS -D) and Two -Unit Residential (RT) to Private Institutions (PI). • A Coastal Land Use Plan Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single -Unit Residential (RSD -B) and Two -Unit Residential (RT -E) to Private Institutions (PI -A). • A Zoning Code Amendment to change the zoning designation for certain properties currently being used for boat storage and parking from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to authorize the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. 2. The Newport Harbor Yacht Club ("NHYC") has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts City Council Resolution No. 2014 -20 Paqe 2 of 16 a number of sailing regattas /races year - round, including several national and internationally acclaimed events, with associated social activities. in addition, members are able to schedule private functions with restrictions on dates and attendance, including dinner parties, birthday and anniversary celebrations, and weddings. The NHYC hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 3. On July 21, 1960, the Planning Commission approved Use Permit No. UP0652 to allow NHYC use on property located at 800 West Bay Avenue. On May 20, 1965, the Planning Commission "approved Variance No. VA0863 to allow off - street parking for the NHYC on property located at 721 West Bay Avenue and 720 West Balboa Boulevard. On March 4, 1971, the Planning Commission approved Use Permit No. UP1517 to allow off - street parking for the NHYC on property located at 714, 716, and 718 West Balboa Boulevard. On January 7, 1999, the Planning Commission approved Use Permit No. UP3645 to allow the expansion of the NHYC parking lot to include 711, 713, and 715 West Bay Avenue. The subject application includes approval of a Minor Use Permit to authorize the yacht club assembly use, and a Planned Development Permit and Parking Management Plan to authorize the off - street parking for the NHYC; therefore, the previous Variance and Use Permits are no longer required. 4. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. 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 Planning Commission at this meeting. 5. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. 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 Planning Commission at this meeting. The Planning Commission adopted Resolution No. 1931 recommending City Council approval of the proposed project. 6. A public hearing was held on February 25, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. 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 City Council at this meeting. 7. The City Council adopted Resolution No. 2014 -19, approving General Plan Amendment No. GP2013 -003 for land use designation changes. The subject properties are designated as Private Institutions (PI) within the Land Use Element of the General Plan category, which will become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012 -003). City Council Resolution No. 2014 -20 Page 3 of 16 & The subject properties are located within the coastal zone. The City Council adopted Resolution No. 2014 -19, approving Coastal Land Use Plan Amendment No. LC2013 -003 for land use designation changes. The Coastal Land Use Plan category is Private Institutions (PI -A). The requested change of the Coastal Land Use Plan designation for certain properties from Single Unit Residential Detached (RSD -B) and Two Unit Residential (RT -E) to PI -A will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 9. The City Council introduced Ordinance No. 2014 -6, approving Zoning Code Amendment No. CA2013 -006 for zoning designation changes, and passed to second reading on March 11, 2014. The subject properties are located within the Private Institutions (PI) Zoning District, which will become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012 -003). SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 2 (Replacement and Reconstruction). 2. Class 2 exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. 3. The City Council 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. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), Section 20.52.060 (Planned Development Permits), and Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: City Council Resolution No. 2014 -20 Paae 4 of 16 Minor Use Permit Findings Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which 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. 2. The proposed project includes a General Plan Amendment to change the land use designation to PI for portions of the project site that are used for boat storage and parking. The properties are being used for yacht club use, so the amendment will bring consistency to the project site and ensure efficient review for future projects. 3. The proposed project includes amending the General Plan to increase the development limit from 20,000 square feet to 25,000 square feet for the project site. The proposed 24,428- square -foot yacht club facility is consistent with this development limit. 4. The proposed project is consistent with the Historical Resources Element of the General Plan. The yacht club facility is not listed on any national, state, or City registry, including the properties designated in the General Plan. The NHYC is included on a City Historic Resource Inventory developed in 1992 by an Ad Hoc Historic Preservation Advisory Committee. The inventory was never officially adopted by the City, and the structures were never placed on the City Register, but the inventory still serves as a useful guide to potentially historic properties that may have historic or cultural significance to the City. The City retained Chambers Group for the preparation of a historical resource report to determine if the existing yacht club has any historical significance and if it is a historical resource pursuant to the CEQA. The investigation revealed that the NHYC and its associated built environment features have undergone extensive nonhistoric- period alterations that have significantly undermined any potential historic integrity of the subject property. As a result of these significant alterations and loss of integrity, the project area does not meet the criteria of eligibility for inclusion in the California Register of Historical Resources ( °CRHR ") either as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project will not directly or indirectly impact or cause a substantial adverse change to any CRHR - eligible properties or historical resources for purposes of the CEQA. 5. The subject property is not located within a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. City Council Resolution No. 2014 -20 Paae 5 of 16 Facts in Support of Finding: The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately -owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. Yacht clubs (assembly uses) are allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through conditions of approval that address hours of operation, parking, and special events. 2. The proposed project includes a Zoning Code Amendment to change the zoning designation to Private Institutions for portions of the project site that are used for boat storage and parking. The amendment will bring consistency to the project site and ensure efficient review for future projects. 3. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) of the Zoning Code regarding the adjustment to the off- street parking requirement in conjunction with the Parking Management Plan because the proposed project will not increase the parking demand. The applicant provided a parking study, conducted by Pirzadeh Associates, which demonstrated that the 123 -space parking lot is sufficient for the day -to -day needs of the yacht club and that parking can be adequately managed for special events. 4. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) and Section 20.30.050 (Height Limits and Exceptions) of the Zoning Code regarding the height of the proposed yacht club facility. The project site is located within the nonresidential, shoreline height limit area, which limits the height of structures to 26 feet for a flat roof and 31 feet for a sloped roof. With approval of the Planned Development Permit, the height can be increased to 35 feet for structures with a flat roof and 40 feet for structures with a sloped roof. The proposed project includes a flat roof /parapet that is 26 feet 6 inches in height, a sloped roof at 31 feet 6 inches, and a sloped roof at 36 feet 3 inches. The increased height will not result in undesirable or abrupt scale changes as the design of the structure provides adequate setbacks from the property lines and variation in the roofline. Furthermore, the nearby residential uses are not located in close proximity to the proposed structure. C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. City Council Resolution No. 2014 -20 Pace 6 of 16 Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The yacht club is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The proposed design is compatible with the allowed residential uses in the area. 3. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 4. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is to maintain membership at approximately 900 members. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of F €ndjM: 1. The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The boat storage and parking lots will not be changed and have functioned satisfactorily for several years. 2. The subject properties abut public rights -of -way on at least one side, are generally rectangular in shape, and do not contain significant grade changes. 3. The yacht club facility would have several points of ingress and egress, multiple staircases, and would provide sufficient walkways for emergency services. West Bay Avenue, the nearby alleys, and 8th Street provide access for the provision of public and City Council Resolution No. 2014 -20 Pace 7 of 16 emergency vehicle access and public services. The existing utilities will continue to accommodate the proposed project. 4. The Public Works Department; Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed 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 proposed use. Facts in Support of Finding: The yacht club and ancillary uses are compatible with the residential uses in the vicinity. The use has been in existence at this location for almost 100 years and has not proven detrimental thus far. 2. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on public coastal views. 3. The proposed changes to the parking requirements will not be detrimental, as sufficient parking is located in the existing lot and will be properly managed through the approved Parking Management Plan. 4. The elevation of the slab is being increased above code requirements to assure long -term flood protection. Additionally, the seawall is proposed to be reinforced and raised. Planned Development Permit Findings F. The proposed development would: a. Include only uses allowed within the base zoning district; b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources, and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. City Council Resolution No. 2014 -20 Page 8 of 16 Facts in Support of Finding: 1. The proposed development meets the intent of the General Plan. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which 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. 2. The subject property is not located within a specific plan area. 3. The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately -owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The proposed yacht club use is allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through restrictions on hours of operation, parking, and special events. Other yacht clubs in the City are located within the Pl Zoning District. 4. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. Finding: G. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: 1. By allowing the existing parking to remain, the functionality of the site can remain. Having the entirety of the off - street parking in one location with boat storage and the yacht club facility across West Bay Avenue is a higher quality design then what would be possible under the standard parking regulations. 2. The additional height of the building results in a higher quality of design by keeping the building located within the same footprint and allowing a larger second floor than exists currently, and providing large setbacks to the side property lines. The increase in height allows for excellence of design through the use of light and shadow, and varied roof planes. 3. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is low compared with other lots located within the Private Institutions Zoning District and other nonresidential districts. City Council Resolution No. 2014 -20 Paae 9 of 16 H. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. Facts in Support of Finding: The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The 5,705- square -foot lot used for boat storage and 39,994- square -foot parking lot will not be changed as part of the proposed application and have functioned satisfactorily for several years. Finding: The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Facts in Support of Findin 1. The proposed project is located within a nonresidential zoning district with residential uses located nearby. The yacht club use has existed at this location for almost 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The conditions of approval include a requirement for a Parking Management Plan to ensure that the proposed project does not have any negative effects on the neighborhood regarding parking and traffic. The conditions further limit the hours of operation to ensure the yacht club use does not produce any noise issues during late hours. Furthermore, the project includes landscaping along West Bay Avenue. Finding J. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults andfor children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. Facts in Sport of Finding: 1. The design of the proposed project includes high quality materials, landscaping, open areas, and walls to screen the boat storage areas. The view from the harbor includes. open deck areas, numerous windows, and visually open guardrails, which enhances the view from the water. City Council Resolution No. 2014 -20 Paoe 10 of 16 2. The existing beach area will remain and several outdoor dining and seating areas are proposed. 3. The Newport Harbor Yacht Club is one of several located on the HarborlBay. Finding: K. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: The yacht club facility is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The nautical architectural theme is compatible with the building's bayfront location and allowed residential uses in the area. 2. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 3. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is not to increase membership beyond current levels of approximately 900 members. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. 4. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. Planned Development Permit Height Findings � f L. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: City Council Resolution No. 2014 -20 Paae 11 of 16 a. Additional landscaped open space; b. Increased setback and open areas; c. Enhancement and protection of public views; Facts in Support of Finding: 1. The proposed project includes additional landscaping located along West Bay Front of the building along the public sidewalk. 2. The proposed structure is generally located within the same footprint of the existing structure, allowing the remaining areas of the project site to remain open. The primary lot with the proposed building is 500 feet in width and the building is setback approximately 210 feet from the eastern side property line and 140 feet from the western side property line. The building is proposed to be a minimum of 4 feet from the front property line. The required 10 -foot bulkhead setback is provided, and the building will be located a minimum of 15 feet from the rear property line. 3. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. Finding: M. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding: The proposed design includes varied roof planes, window treatments, bay windows, varied wall planes and other building modulations, dormers, and trellis and patio covers. The second floor is setback from the first floor and all four elevations include architectural treatments. Findin : N. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: The increased height would not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent residences due to the large distance between the proposed building and the residences in the vicinity. The proposed building would be located in the middle of the 500- foot -wide lot. The sides of the building would step down City Council Resolution No. 2014 -20 Page 12 of 16 to single -story edges as a transition providing compatibility of scale and architectural character to the surrounding residential neighborhood. Finding: O. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The Planned Development Permit does not increase the allowed floor area for the project site. The development limit is established by the General Plan. The proposed structure is generally located within the same footprint of the existing structure. The existing and proposed structures are two stories, and the additional height for the proposed structure does not allow for additional floor area beyond that required by the requested amendments. 2. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is significantly lower than several other lots located within the Private Institutions Zoning District. In accordance with the City's Coastal Land Use Plan and the California Coastal Act of 1976, the following finding and facts in support of such finding regarding Coastal Access are set forth: P. Substantial public access to the coast is provided near the project. Facts in Support of Finding: 1. The subject property is not designated within the Coastal Land Use Plan as a potential area to provide lateral or vertical access, and public access exists nearby. 2. Vertical access to the harbor and ocean are provided at most of the north -south street ends in the area. 3. Lateral access to the harbor is provided in the vicinity to the east of the subject property along Buena Vista Boulevard. 4. Lateral access to the ocean is provided in the vicinity to the south of the subject property along the walkway on the south (beach) side of the peninsula. 5. A public alley is located between 800 and 720 South Bay Front that provides vertical access from West Bay Avenue to the harbor. City Council Resolution No. 2014 -20 Page 13 of 16 6. A public beach is located along West Bay Avenue to the west of the subject property between 9th Street and 10th Street. 7. Other public access to the beach on the Balboa Peninsula includes the south side of the peninsula and the future Marina Park project. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2, • This resolution rescinds Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645, which shall become null and void upon vesting of the rights authorized by Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002. 3. These actions shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012- 003). PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2014. ATTEST: t MAYOR O�A�{pv� CITY CLERK City Council Resolution No. 2014 -20 Page 14 of 16 EXHIBIT 'W CONDITIONS OF APPROVAL 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. Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit, 5. The Minor Use Permit and Planned Development Permit may be modified or revoked by the City Council, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit and Planned Development Permit or the processing of a new Minor Use Permit and Planned Development Permit. 7. 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 the leasing agent. 8. 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 applicable State Disabilities Access requirements. 9. Prior to issuance of building permits for the proposed project, approval from the California Coastal Commission shall be required. 10. Prior to the issuance of a building permit for the proposed project, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. City Council Resolution No. 2014 -20 Page 15 of 16 11. Prior to the issuance of building permits for the proposed project, a final Water Quality Management Plan shall be submitted to and approved by the Building Division. 12. The building materials shall consist of vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails, with the final design to be approved by the Community Development Director prior to issuance of a building permit for construction of the proposed project. 13. The hours of operation are limited to between 8:00 a.m. and 11:00 p.m., Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday. 14. The Parking Management Plan shall be utilized at all times. Any changes shall require review and approval by the Community Development Director. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self- latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The exterior of the business 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. 18. 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). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 21. An encroachment permit is required for all work activities within the public right -of -way. 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 City Council Resolution No. 2014 -20 Page 16 of 16 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 Newport Harbor Yacht Club including, but not limited to, the General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, Zoning Code Amendment No. CA2012 -006, Minor Use Permit No. UP2012 -016, and Planned Development Permit No. PL2012 -002. 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, attomeys' 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -20 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of February, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner; Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of February, 2014, City Clerk Newport Beach, California (Seal) ORDINANCE NO. 2016-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MODIFYING THE EFFECTIVE DATES OF CITY COUNCIL RESOLUTION NO. 2014-19, RESOLUTION NO. 2014-20, AND ORDINANCE NO. 2014-6 REGARDING A REPLACEMENT CLUBHOUSE FOR THE NEWPORT HARBOR YACHT CLUB LOCATED AT 720 WEST BAY AVENUE (PA2012-091) WHEREAS, an application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711-721 West Bay Avenue, and 710-720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8-24, Block 5, East Newport Tract requesting approval of a General Plan Amendment No. GP2012-003, Coastal Land Use Plan Amendment No. LC2012- 003, Zoning Code Amendment No. CA2012-006, Minor Use Permit No. UP2012-016, and Planned Development Permit No. PL2012-002 for the demolition of an existing yacht clubhouse facility and construction of a new replacement 23,163 square foot facility (Project); WHEREAS, on February 25, 2014, the City Council of the City of Newport Beach (City Council) adopted Resolution No. 2014-19 approving General Plan Amendment No. GP2012- 003 and Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, Section 4.5 of Resolution No. 2014-19 stipulates the approval of these amendments shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-20 approving Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012- 002 for the replacement yacht club facility. Resolution No. 2014-20 also rescinded Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645. Section 4.3 of Resolution No. 2014-20 specifies that these actions shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on March 11, 2014, the City Council adopted Ordinance No. 2014-6 approving Zoning Code Amendment No. CA2012-006; WHEREAS, Section 4.4 of Ordinance No. 2014-6 specifies that the ordinance shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, the City Council found the approval of the Project categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics; Ordinance No. 2016-16 Page 2 of 4 WHEREAS, Coastal Land Use Plan Amendment No. LC2012-003 was submitted by the Community Development Department to the California Coastal Commission (CCC) for consideration (CCC Application No. LCP-5-NPB-1 4-0611 -1); WHEREAS, the Newport Harbor Yacht Club filed an application with the CCC for a Coastal Development Permit (CDP) to authorize the construction of a new clubhouse to replace the existing clubhouse authorized by the City of Newport Beach (City) by Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 (CDP No. 5-15- 1459); WHEREAS, it was determined that the proposed new replacement clubhouse did not require the certification of Coastal Land Use Plan Amendment No. LC2012-003, and on September 8, 2015, the City withdrew CCC Application No. LCP-5-NPB-14-0611-1. As a result, Coastal Land Use Plan Amendment No. LC2012-003 was never certified by the CCC; WHEREAS, on March 10,. 2016, the CCC approved CDP No. 5-15-1459 for the demolition of the existing clubhouse and the construction of a replacement clubhouse facility for the Newport Harbor Yacht Club. The CDP also included temporary clubhouse facilities for use during construction; WHEREAS, the Project requires the approval of General Plan Amendment No. GP2012-003, Zoning Code Amendment No. CA2014-006, Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 including the rescinding of Variance No. VA0863, Use Permit No. LIP0652, Use Permit No. UP1517, and Use Permit No. UP3645 authorized by Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6; and WHEREAS, the City Council desires to make Resolution No. 2014-19, Resolution No. 2014-20 and Ordinance No. 2014-6 effective without the certification of Coastal Land Use Plan Amendment No. LC2012-003 (CCC Application No. LCP-5-NPB-1 4-0611 -1). NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subpart 5, in Section 4 (DECISION) of Resolution No. 2014-19 is hereby amended to read: "These actions shall become final and effective upon the effective date of Ordinance No. 2016-16." Section 2: Subpart 3, in Section 4 (DECISION) of Resolution No. 2014-20 is hereby amended to read: "These actions shall become final and effective upon the effective date of Ordinance No. 2016-16." Ordinance No. 2016-16 Page 3 of 4 Section 3: Subpart 4, in Section 4 (DECISION) of Ordinance No. 2014-6 is hereby amended to read: "The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of Ordinance No. 2016-16." Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Except as expressly modified herein, all other parts of Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 shall remain unchanged and in effect. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares. that. it would have passed this ordinance 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 6: The City Council finds the introduction and adoption of this ordinance exempt pursuant to CEQA Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Additionally, the City Council finds 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. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. III Ordinance No. 2016-16 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of October, 2016, and adopted at a special meeting of the City Council of the City of Newport Beach held on the 7th day of November, 2016, by the following vote, to -wit: AYES: Council Member Peotter, Council Member Selich Council Member Curry, Mayor Pro Tem Muldoon NAYS: RECUSED: Council Member Duffield, Mayor Dixon ABSENT: Council Member Petros �— 'k ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-16 was duly and regularly introduced on the 25th day of October, 2016, and adopted by the City Council at a special meeting duly held on the 7'h day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon NAYS: None RECUSED: Council Member Duffield, Mayor Dixon ABSENT: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 81h day of November, 2016. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-16 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: 2016. Introduced Ordinance: October 29, 2016 Adopted Ordinance: November 12, 2016 In witness whereof, I have hereunto subscribed my name this day of Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal)