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HomeMy WebLinkAboutZA2020-035 - APPROVING LIMITED TERM PERMIT NO. XP2020-003 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-011 FOR A LIMITED-DURATION CHARTER BOAT OPERATION LOCATED AT 1221 WEST COAST HIGHWAY (PA2020-022)RESOLUTION NO. ZA2020-035 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2020-003 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-011 FOR A LIMITED-DURATION CHARTER BOAT OPERATION LOCATED AT 1221 WEST COAST HIGHWAY (PA2020-022) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Orange County Charters (“Applicant”), with respect to property located at 1221 West Coast Highway, and legally described as Portion of Lot 171, Block 54 of Irvine’s Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of Orange County, California, requesting approval of a limited term permit (more than 90 days) and associated coastal development permit. 2. The Applicant requests a limited term permit (more than 90 days) and associated coastal development permit (CDP) to allow the temporary operation of a charter boat business with shared on-site parking for up to one (1) year. Operations will use an existing dock slip and shared passenger loading dock on property. Hours of operation are from 8 a.m. to 7 p.m. Parking is proposed to be shared on-site with the Balboa Bay Club. 3. The General Plan Land Use designation for this site is Visitor Serving Commercial (CV), which is intended to provide accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-B) (0.0 – 1.50 FAR) and it is located within the Balboa Bay Club (PC45). 5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) under Class 1 and Class 4, respectively, 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. Zoning Administrator Resolution No. ZA2020-035 Page 2 of 9 01-25-19 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Class 4 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. In this case, the proposal is a limited term permit and associated coastal development permit for the operation of a charter boat operation at existing docks and results in no physical alterations. SECTION 3. REQUIRED FINDINGS. Limited Term Permit In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.040 (Limited Term Permits), the following findings and facts in support of such findings are set forth: Finding: A. The operation of the limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use. Facts in Support of Finding: 1. The Limited Term Permit will allow for the temporary operation of a charter boat operation for up to one (1) year. The operation would use an on-site dock slip and shared passenger loading dock. Parking would be shared with the existing Balboa Bay Club surface and subsurface lots. 2. The proposed charter boat operation will be used and operated independently, but complementary to, the existing uses on-site and others in the vicinity that foster coastal activity for residents and visitors. Food service or alcohol sales bayward of the property would be prohibited. Passengers would bring their own food and drink on-board, in compliance with Code Enforcement and the California Department of Alcoholic Beverage Control regulations. 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. Zoning Administrator Resolution No. ZA2020-035 Page 3 of 9 01-25-19 Facts in Support of Finding: 1. The subject site measures roughly 12.6 acres in area and is situated within Mariner’s Mile, between Lower Newport Bay to the south and Coast Highway to the north. An existing boat slip and shared dock are proposed to be used for access to the boat by crew and passengers. Existing on-site development includes a private waterfront club and luxury resort, banquet rooms and event spaces, a residential unit apartment community, ancillary retail, a bay front marina, and 494 surface and subsurface parking spaces. 2. Orange County Charter proposes to temporarily operate a captained charter boat business with on-site shared parking at the Balboa Bay Club. Chartered excursions are expected to occur once a day and, last four to nine hours, with a maximum of 15 persons, counting crew and passengers. 3. The temporary use would utilize one (1) dock and one (1) boat with approximately 15 passengers and crew at any given time. Hours of operation are conditioned to between 8 a.m. and 7 p.m., daily. 4. The charter boat operation use is commensurate with others in the vicinity and will provide additional coastal recreational opportunities. Shared on-site parking is not anticipated to result in a new or negative impact to the surrounding properties. 5. Approval of this project will not result in any construction or physical alterations to the site. 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. Reference Fact in Support of Finding A.1. 2. Vehicular access to the subject site is currently provided by a single driveway approach from the south side of West Coast Highway. Through the site, access is provided by a surface parking area with drive aisles. Pedestrian access to the communal passenger loading dock is taken via an on-site gangway. No changes to access are proposed and onsite circulation would not change as part of the project. There are no anticipated traffic issues. Zoning Administrator Resolution No. ZA2020-035 Page 4 of 9 01-25-19 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. Facts in Support of Finding: 1. Table 3-10 of NBMC Section 20.40.040 (Off-Street Parking Spaces Required) requires one parking space per each three passengers and crew members for the proposed “Entertainment and Excursion Service” land use. Since about 15 persons would occupy the watercraft, projected temporary parking demand would be five parking spaces. Per Staff Approval No. SA2005-009, approved by the Planning Director on September 30, 2005, allowed a reduction of 1 parking space from 495 to 494. Current parking is nonconforming. The Applicant requests to temporarily share five on-site parking spaces with BBC for limited duration of this permit. Site parking counts were recorded by the Applicant over a 12-day period at two-hour intervals from 9 a.m. to 6 p.m. in late January and early February 2020. This survey revealed an average availability of over 200 spaces during operating times for the proposed use. BBC also provides valet service that helps manage on-site parking. The applicant anticipates that patrons will rely on carpooling or ride-share services for transportation to the site, which may further assist to minimize the potential for parking impacts. Since the proposed excursions would require only 5 spaces of the 494 provided on-site and take place once a day, and by appointment, negative parking impact is not expected. 2. Because adequate parking will be provided by way of the off-site lot, public parking availability for coastal access will not be affected by project implementation in accordance with NBMC Section 21.40.110(A) (Impact to Coastal Access Prohibited). Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The General Plan Land Use designation for this site is Visitor Serving Commercial (CV), which is intended to provide accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. 2. While the Balboa Bay Club Planned Community District Regulations (PC45) do not mention charter operations as an allowed accessory use by name, a limited term permit allows limited duration uses that might not meet the development or use standards of the applicable planned community, but may be acceptable because of their temporary or limited nature. Considering the small-scale and appointment-based character of the charter boat proposal, operation would not function as a typical general public service that may otherwise conflict with Balboa Bay Club uses. Additionally, introduction of the Zoning Administrator Resolution No. ZA2020-035 Page 5 of 9 01-25-19 temporary use will provide recreation options to guests of BBC, and residents and visitors of Newport Beach, encouraging enhanced access to and usage of the bay. 3. The site is not located within a specific plan area. Coastal Development Permit In accordance with NBMC Section 21.52.015 (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The MU-W Coastal Land Use is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent, coastal-related and visitor-serving uses. The proposed boat rental use is a coastal- dependent use that requires access to the bay. 2. Reference Fact in Support of Finding E.2. 3. As demonstrated in Fact in Support of Finding D.1 of this resolution, required parking will be satisfied through the shared arrangement. That being the case, public parking availability for coastal access will not be affected by project implementation in accordance with NBMC Section 21.40.110(A) (Impact to Coastal Access Prohibited.). 4. Landscaping is not proposed as a part of this project, and project approval will not result in any construction or physical alterations to the site. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. While the proposed site is located between the nearest public road and the sea or shoreline, the project will not change or affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. PC45 requires on-site public coastal access, provided by the site’s entrance off West Coast Highway that links to a bay front walkway. The closest coastal public access opportunity is located less than 245 feet northeast from the subject site at Kings Road Park. The proposed dock and communal passenger loading dock to be used for by the Zoning Administrator Resolution No. ZA2020-035 Page 6 of 9 01-25-19 business are existing and no construction or physical alterations are proposed. Consequently, the proposal bears no impact on coastal access, views, or recreational opportunities 3. The proposed charter boat operation will provide additional recreation options to residents and visitors and encourage enhanced access to and usage of the bay. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) under Class 1 and Class 4, respectively, 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. 2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of NBMC Title 21 Local Coastal Implementation Plan. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF APRIL, 2020. Zoning Administrator Resolution No. ZA2020-035 Page 7 of 9 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. Parking shall maintain substantial conformance with Staff Approval No. SA2005-187. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Limited Term Permit and/or Coastal Development Permit. 4. The Balboa Bay Club and the boat charter operation are to remain independent uses. Food service or alcohol sales bayward of the property is prohibited. 5. Applicant shall encourage passengers to carpool or utilize ridesharing services to the greatest extent practicable. 6. The designated slip shall be exclusively for the boat charter operation. 7. Outside storage for the boat charter operation shall be prohibited. 8. The existing dock system shall not be improved or otherwise modified without review and approval from the City of Newport Beach and/or the California Coastal Commission, including, but not limited to, the acquisition of a coastal development permit. 9. A marine activities permit (MAP) shall be obtained prior to operations. 10. Limited Term Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise granted. 11. This Limited Term Permit and Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined 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. 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this Coastal Development Permit and Limited Term Permit or the processing of a new Coastal Development Permit and Limited Term Permit. Zoning Administrator Resolution No. ZA2020-035 Page 8 of 9 01-25-19 13. This Limited Term Permit shall expire twelve (12) months from the issued date of the MAP approval, unless an extension of up to one (1) additional period of twelve (12) months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions). A letter requesting the extension and an additional parking summary documenting availability during summer months shall be submitted to the Planning Division no later than thirty (30) days prior to the expiration date of this permit. 14. The hours of operation for the charter operation shall be limited to 8 a.m. to 7:00 p.m., daily, except that the boat rental operation shall be permitted to operate to later hours with the prior approval of the Planning Division for up to ten (10) special occasions per calendar year. Examples of special occasions include New Year’s Day, Valentine’s Day, Mother’s Day, Christmas Boat Parade, etc. 15. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. 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. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. Trash receptacles for patrons shall be conveniently located to serve the charter boat patrons, however, not located on or within any public property or right-of-way. 19. 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. 20. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in Zoning Administrator Resolution No. ZA2020-035 Page 9 of 9 01-25-19 compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 22. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Orange County Charters including, but not limited to, Limited Term Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011 (PA2020-022). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.