Loading...
HomeMy WebLinkAboutZA2022-077- APPROVING A COASTAL DEVELOPMENT PERMIT AND LIMITED TERM PERMIT FOR A TEMPORARY STORAGE CONTAINER, STORAGE SHED, AND POP-UP CANOPY FOR GONDOLA CRUISES LOCATED AT 200 BAYSIDE DRIVE (PA2022-0209)RESOLUTION NO. ZA2022-077 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A COASTAL DEVELOPMENT PERMIT AND LIMITED TERM PERMIT FOR A TEMPORARY STORAGE CONTAINER, STORAGE SHED, AND POP-UP CANOPY FOR GONDOLA CRUISES LOCATED AT 200 BAYSIDE DRIVE (PA2022-0209). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Gondola Adventures, Inc., with respect to property located at 200 Bayside Drive, and legally described as a portion of Parcel 3 of Parcel Map No. 93- 111 requesting approval of a Coastal Development Permit and Limited Term Permit (More than 90 days). 2.The applicant requests a coastal development permit and limited term permit for up to one (1)-year term to remove an existing mobile office trailer and replace it with a 40-foot by 8- foot ground-level, air-conditioned storage container and an 11-foot by 7-foot storage shed for gondola cruise supplies. General business operations will be operated from a pop-up canopy that will be disassembled and stored outside of business hours. 3.A limited-term permit for the existing mobile office trailer was previously authorized through Limited Term Permit No. XP2020-006 and Coastal Development Permit No. CD2020-136 (PA2020-273) and extended for one (1) year under PA2021-275. Prior to that, Limited Term Permit No. XP2018-008 and Coastal Development Permit No. CD2018-085 was previously authorized and extended for one (1) year under PA2018-204. 4.The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Back Bay Landing (PC9) Zoning District. 5.The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W) and it is located within the Back Bay Landing Planned Community (PC-9) Coastal Zone District. 6.A public hearing was held on December 15, 2022, online via Zoom. A notice of the 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 Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 Zoning Administrator Resolution No. ZA2022-077 Page 2 of 10 10-18-21 because it has no potential to have a significant effect on the environment. The Class 3 exemption authorizes minor alterations to the existing structures involving negligible or no expansion of use. The proposed project is temporary and is located on a developed parking lot. Since the project does not involve any alteration of land, it does not have the potential to impact the surrounding environment. 2. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Limited Term Permit In accordance with Section 20.52.040 of the Newport Beach Municipal Code, 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 the storage of supplies in an air-conditioned storage container and storage shed pertinent to gondola cruises. General business operations will be operated from a pop-up canopy that will be disassembled and stored outside of business hours. A building permit is not required for the air-conditioned storage container as proposed. 2. The subject property contains a variety of marine-related uses, including marina parking, outside storage for recreational vehicles and trailered boats, kayak and paddle board rentals with a launch area, a floating fish market, and additional marine-related material storage. The temporary storage container and storage shed will be used for storage of supplies and the pop-up canopy will be used for general business operations to support the gondola boat tours, which is a coastal-dependent use that is compatible with the other uses within the subject property. 3. The storage container, storage shed, and the pop-up canopy is located within the Back Bay Landing Planned Community Development Plan (PC-9) zoning and coastal zoning districts. The purpose of PC-9 is to provide a vision for the land uses, set the development Zoning Administrator Resolution No. ZA2022-077 Page 3 of 10 10-18-21 standards, and establish design guidelines for the future review and approval of an integrated mixed-use waterfront development. The proposed storage container, storage shed, and pop-up canopy are located within the future bayfront promenade identified in PC-9 for the future mixed-use development; however, the storage container, storage shed, and pop-up canopy are temporary and are not part of the future development. As conditioned, if the future development is implemented prior to the expiration of the Limited Term Permit, the storage container, storage shed, and pop-up canopy shall be removed. The storage container, storage shed, and the pop-up canopy does not interfere with nearby uses. 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 storage container, storage shed, and pop-up canopy are located within Planning Area 1 (Mixed-Use Area) of PC-9, which is approximately 5 acres in area. There is adequate space to accommodate the proposed storage container, storage shed, and pop-up canopy, and existing uses without impacting vehicle circulation. The storage container, storage shed, and pop-up canopy are located in the rear of the lot, adjacent to the bay and marina access walkway. 2. The placement of the temporary storage container, storage shed, and pop-up canopy is conditioned to ensure that they will not negatively impact on-site circulation. 3. The lot is bounded by the Back Bay to the north and west, the Bayside Village mobile home park to the east, and East Coast Highway to the south. The temporary storage container, storage shed, and pop-up canopy will not affect any of the surrounding uses. 4. The temporary storage container, storage shed, and pop-up canopy are located on private property. 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; Fact in Support of Finding: 1. The subject lot has a direct driveway approach taken from Bayside Drive. The temporary storage container, storage shed, and pop-up canopy are located at the rear of the site and will not impede access to the existing parking lot. Traffic issues are not anticipated. Zoning Administrator Resolution No. ZA2022-077 Page 4 of 10 10-18-21 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; and Fact in Support of Finding: 1. The gondola boats will be docked utilizing existing marina slips. Customer and employee parking are provided within the existing parking lot. Several existing uses draw upon the existing marina parking supply on the property such as outside storage for recreational vehicles, trailered boats, kayaks, and paddle board rentals with a launch area, a floating fish market, and additional marine-related materials storage. Although the operation of the boat tours increases parking demand at the site, the site provides approximately 141 marked and unmarked parking spaces that are underutilized. The proposed location of the storage container, storage shed, and pop-up canopy results in the temporary loss of seven (7) parking spaces, reducing the total on-site parking supply to approximately 134 spaces. According to the on-site project manager for the future Back Bay Landing project, approximately 20 vehicles are parked in the main parking area during the daytime on weekdays. Weekend parking increases to approximately 30 vehicles. There are no significant parking increases at the marina during the summer months, except during the Fourth of July special event fireworks display at the nearby Newport Dunes. This underutilization of the parking areas has been verified by staff visits on numerous occasions and a review of historical aerial photographs of the site. Therefore, the proposed storage container, storage shed, and pop-up canopy for the gondola cruises are not anticipated to negatively impact the parking availability on the site. 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 temporary (one [1]-year duration) storage container, storage shed, and the pop-up canopy are conditioned to comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. The temporary storage container, storage shed, and pop-up canopy do not require the issuance of a building permit. 2. The site is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015 (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2022-077 Page 5 of 10 10-18-21 Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Mixed-Use Water Related 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 uses, and visitor-serving uses. The proposed gondola cruises provide visitors with boat tours along the Newport Beach Back Bay which is a coastal-dependent use that requires proximity to the bay. 2. The subject property contains a variety of uses including marina parking, outdoor storage for recreational vehicles and trailered boats, kayak and paddle board rentals with a launch area, a floating fish market, and additional marine-related material storage. The proposed boat tour use, temporary storage container, storage shed, and pop-up canopy are compatible with other marine-related uses. The development to the east is a mobile home park. The bulk and scale of the temporary storage container, storage shed, and pop-up canopy for the operation of gondola cruises is compatible with the surrounding development. 3. The gondola cruises have been operating without any issues or complaints from the public. 4. As conditioned, all outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties, and not flood light toward the shoreline, coastal waters, and coastal bluffs, and do not produce glare onto adjacent properties, roadways, the shoreline, coastal waters, or coastal bluffs. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 5. Landscaping is not proposed as a part of this project. 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. The project site is located between the nearest public road and the sea or shoreline; the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. A previous evaluation was conducted in 2018 by staff to determine if the existing modular office had the potential to impact the public view of the bay. A visual impact analysis was conducted from multiple public view vantage points facing the bay. Views of the bay are visible from East Coast Highway along the western portion of the subject property. The subject property is lower in topography than East Coast Highway, and the proposed Zoning Administrator Resolution No. ZA2022-077 Page 6 of 10 10-18-21 temporary storage container, storage shed, and the pop-up canopy is a single-story structure no more than 10 feet in height that will be placed in a similar footprint to the existing modular office. The portion of East Coast Highway abutting the eastern portion of the subject lot, as well as Bayside Drive, does not provide existing views of the bay. 3. Based on the visual impact analysis, the storage container, storage shed, and pop-up canopy will not impact public access or public views of the bay, as it is located a northern corner of the lot that is outside of the viewshed of the bay as seen from East Coast Highway. 4. The storage container, storage shed, and the pop-up canopy are located within a future pedestrian easement, which is a feature of a future project on the subject property. The storage container, storage shed, and the pop-up canopy are conditioned to be removed upon recordation of the pedestrian easement. Also, as conditioned, if the future development is implemented prior to the expiration of the Limited Term Permit, the storage container, storage shed, and pop-up canopy shall be removed. 5. The proposed gondola cruise use will provide an additional recreation opportunity for residents and visitors and encourage access to and usage of the bay. The proposed gondola cruise use will provide additional recreation options to residents and visitors and encourage enhanced access to and usage of the bay. The property at 200 Bayside Drive is a waterfront parcel that provides vertical access to Upper Newport Bay. Lateral access is provided on the property along the waterfront and extends along Bayfront to the north. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, 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 the coastal development permit and limited term permit (PA2022-0209), 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 Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. 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. Zoning Administrator Resolution No. ZA2022-077 Page 7 of 10 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER, 2022. Zoning Administrator Resolution No. ZA2022-077 Page 8 of 10 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. 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. 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. A material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The Coastal Development Permit and Limited Term Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The Coastal Development Permit and Limited Term Permit shall not be effective until January 11, 2023, through January 11, 2024 (one [1]-year term), unless the circumstances under Condition Nos. 6, 7, and 8 are applicable. 6. This Limited Term Permit shall expire twelve (12) months from the issued date 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. 7. Upon recordation of a future pedestrian easement in compliance with PC-9, the temporary trailer shall be removed within 14 days. 8. If the future Back Bay Landing mixed-use development is implemented prior to the expiration of this Limited Term Permit, the modular building shall be removed. 9. The applicant shall obtain an electrical permit for the storage container within 60 days of the approval of the coastal development permit and limited-term permit. 10. This Coastal Development Permit and Limited Term 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 are 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. Zoning Administrator Resolution No. ZA2022-077 Page 9 of 10 10-18-21 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall 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. 12. The hours of operation for the modular office and the gondola boat tours shall be limited to 10:00 a.m. through 10:00 p.m., daily, except that the gondola boat tours shall be permitted to operate at later hours with the prior approval of the Planning Division for up to six (6) special occasions per calendar year. Examples of special occasions include New Years, Valentine’s Day, Mother’s Day, etc. The applicant shall notify Planning staff in writing prior to exercising late hours for special occasions. 13. A Marine Activities Permit (MAP) shall be obtained prior to the operation of boat tours. 14. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties, and not flood light toward the shoreline, coastal waters, and coastal bluffs, and do not produce glare onto adjacent properties, roadways, the shoreline, coastal waters, or coastal bluffs. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 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 leasing agent. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the storage shed or within dumpsters stored in the on- site trash enclosures or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. 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. 21. 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 Zoning Administrator Resolution No. ZA2022-077 Page 10 of 10 10-18-21 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 23. Outdoor storage in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 24. 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. 25. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the 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 Gondola Adventures including, but not limited to, Coastal Development Permit and Limited Term Permit (PA2022-0209). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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.