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HomeMy WebLinkAboutCode Amendment 2006-006 - Marine Charter Lane Use and Parking Regulations- PA2006-194CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 October 19, 2006 TO: PLANNING COMMISSION FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palfordacity. newport- beach.ca. us SUBJECT: Code Amendment 2006 -006 Marine Charter Land Use and Parking Regulations (PA 2006 -194) ISSUE: Should Title 17 (Harbor Regulations) and Title 20 (Zoning Code) of thvNewport Beach Municipal Code be amended to revise land use regulations and parking requirements for marine charters? RECOMMENDATION: Adopt the attached resolution recommending approval of Code Amendment No. 2006- 006 to the City Council. DISCUSSION. Background: The City Council initiated the proposed amendment on September 26, 2006. Introduction: Marine charters is the common term for vessels that carry passengers for entertainment or excursions such as fishing, whale watching, harbor tours, dining, and entertainment. On February 14, 2006, the City Council adopted new permit procedures for regulating commercial activities on Newport Harbor, including marine charters. This was done, in part, to consolidate charter regulations to a single ordinance (Chapter 17.10) and establish a single regulatory authority within the City (the Harbor Resources Manager) for commercial operations on Newport Harbor. However, Section 17.10.050 states that a commercial harbor activities permit cannot be issued if the "proposed commercial activity does not provide facilities to ensure adequate parking as required by Chapter 20.66." Chapter 20.66 (Off- Street Parking and Loading) requires that off - street parking be Marine Charter Land Use and Parking Regulations October 19, 2006 Page 2 provided on -site and only the Planning Commission can waive or modify these requirements. Marine charters require a use permit issued by the Planning Commission in most commercial districts. Also, many marine charters provide parking on an ad hoc basis and often off -site. Off -site parking also requires Planning Commission approval. These requirements are contrary to the goal of establishing a single regulatory authority for commercial activities in the harbor. Analysis: In order to fulfill the intent of regulating marine charters through the commercial harbor activities permits (also known as a marine activities permit or "MAP "), the following changes are proposed: • Revising Section 20.66.080 to give the Planning Director the authority to approve temporary off -site parking for uses requiring MAPs. The approval would be for the duration of the MAP, which cannot exceed twelve (12) monthi. ■ Revising Section 17.10.050 to require the Harbor Resource Manager to submit MAP applications to the Planning Department and the public Works Department to verify that all of the applicable Zoning regulations are complied with and that traffic conditions are safe. ■ Revising the land use regulation schedules to allow marine charters by right in commercial zoning districts upon the issuance of a MAP from Harbor Resources. • Revising Section 20.05.050 (Q) to make marine charters a separate land use classification, "Entertainment and Excursion Services." • Revising Section 20.66.020 to explicitly require that off - street parking be provided on -site, unless an off -site parking arrangement is approved, and that off - street parking be kept permanently available for the use it is intended to serve. Currently, these requirements are only implied by the Zoning Code. With these revisions, the Harbor Resources Manager can approve a MAP if it is demonstrated that the parking for the crew and passengers is adequate using the number of parking spaces required by Chapter 20.66. This is similar to the procedure used for special events permits. Parking can be provided off -site with the approval of the Planning Director, whose decision can be appealed to the Planning Commission. The Harbor Resources Director's action on MAP applications can be appealed to the Harbor Commission. Marine Charter Land Use and Parking Regulations October 19, 2006 Page 3 Marine charters would be permitted by right in commercial zoning districts with a marine activities permit issued by the Harbor Resources Manager. Currently, a use permit issued by the Planning Commission is required for marine charters in all commercial districts, with the exception of those in Mariner's Mile and Cannery Village/McFadden Square where these uses are already permitted by right. This will allow the City more control over marine charters since use permits run with the land and MAPS are valid only for a period of twelve (12) months or less. Environmental Review: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure - making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Public Notice: Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of this hearing consistent with the Municipal Code. This included an eighth page advertisement. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: i .trick J. Alford Senior Planner Attachments: 1. Draft resolution. Submitted by: Patricia L. Temple ^, Planning Director RESOLUTION NO. * A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2006 -006 (PA 2006 -194) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, on September 26, 2006, the City Council initiated amendments to Title 17 and Title 20 of the City of Newport Beach Municipal Code to revise land use regulations and parking requirements for marine charters; and WHEREAS, a public hearing was held on October 19, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, The Planning Commission finds as follows: 1. On February 14, 2006, the City Council adopted new permit procedures for regulating commercial activities on Newport Harbor, in part, to consolidate charter regulations to establish a single regulatory authority within the City for commercial operations on Newport Harbor. 2. Current land use and parking regulations relating to marine uses are contrary to the goal of establishing a single regulatory authority for Harbor commercial activities. 3. The proposed action is not defined as a project under the. California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2006 -006 to Title 17 and Title 20 of the Newport Beach Municipal Code as provided in Exhibit A. .S City of Newport Beach Planning Commission Resolution No. _ Paoe 2 of 2 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF October 2006. M M Jeffrey Cole, Chairman Robert Hawkins, Secretary 0 NOES: EXHIBIT A Section 17.10.050 17.10.050 Issuance of Permit. Upon receipt of a complete application for commercial harbor activities permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager may shall refer the application to the Planning Department; to verify that all of the applicable Zoning also refer the application to the Harbor Commission, other appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for investigation, report or. recommendation. The Harbor Resources Manager may inspect, or cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s), boarding facilities, parking and all upland support facilities listed in the application. The Harbor Resources Manager shall notify applicant of his decision in writing within ninety (90) days from the date on which a completed application is received. Except as provided in this section, the Harbor Resources Manager may issue the commercial activities permit upon a determination that approval of the application will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near Newport Harbor. The Harbor Resources Manager shall approve the application unless: A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Harbor by members of the public, or interfere with the rights of those who own property near the waters of Newport Harbor to the peaceful and quiet enjoyment of that property; B. The proposed commercial activity is likely to contribute to the problem of pollution and litter on and in the waters of Newport Harbor; C. The vessel or craft to be used by the applicant does not satisfy the applicable standards of the United States Coast Guard, or City, County, State or Federal requirements of law; D. The proposed commercial activity is likely, when viewed in conjunction with other anticipated charters and marine operations, to create a hazard to safe navigation, or otherwise interfere with the rights of others to use the waters of Newport Harbor; EXHIBIT A CA 2006 -006 E. The proposed commercial activity does not provide facilities to ensure adequate parking as „•ed by GhapteF 20.669 of this ee de safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies for the period subject to permit. For the purpose of this section, parking shall not be considered adequate if- unless the applisable number of parking spaces required by fequi 4geAt° of Chapter 20.66 of this code are - satisfied Director; F. The commercial activity would violate City, County, State or Federal requirements of law; G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity does not provide uplands support, docking or boarding facilities sufficient to safely accommodate the size of vessel(s) or number of passengers indicated on the application; I. The proposed commercial activity includes an upland use that requires a use permit or other approval under the City Zoning Code, and such permit has not been obtained; J. The applicant has a permit which is currently revoked or has been revoked or suspended, or a notice of revocation or suspension no longer subject to appeal has been issued within the past ninety (90) days. (Ord. 2006 -3 § 2 (part), 2006) Section 20.05.050 Q. Marine Sales and Services. Boat Sharter. Rentals and Sales. GhaAer; Establishments engaged in the rental, or sale of boats or ships, including storage and incidental mainte- nance. This classification includes establishments include Entertainment and Excursion Services. EXHIBITA CA 2006 -006 ` R 2. Boat Storage. storage of operative or. inoperative boats or ships. 3. Boat Yards. construction and repair of boats or ships, including the sale, installation, and servicing of related equipment and parts. coastal tours, dining /drinking, business or social special events and entertainment. 5. Marine Service Stations. Establishments engaged in the retail sale of gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for boats or ships. 6. Marine Retail Sales. Establishments providing supplies and equipment for shipping or related services, or pleasure boating. Sections 20.15.020, 20.20.020, 20.41.070, 20.42.040 (B), 20.43.040 (B), 20.45.030 (B), 20.46.030 (B) Revise land use regulation schedules to change "Boat Charter, Rental, and Sales" to "Boat Rental and Sales." Add Entertainment and Excursion Services with the following land use regulation: Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). 20.66.020 Basic Requirements for Off - Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure or alteration or enlargement of a site or structure. EXHIBIT A CA 2006 -006 W B. On -site Parkinq Required. Permanent parking shall be located on the same parcel as the uses served, except for the following: and within 200 feet of the units they are intended to serve. 2. With the approval of an off -site parking arrangement pursuant to Section 20.66.080: Off -site Parking. C. Permanent Availability Required. Each parking and loading space Planning Director may authorize the temporary use of a parking or D. Nonconforming Parking or Loading. Land uses and structures which are non - conforming due solely to the lack of off - street parking or loading facilities required by this chapter, shall be subject to the provisions of Section 20.62.060: Nonconforming Parking. E. Calculation of Spaces Required. Fractional parking space requirements shall be rounded up to the next whole space. 2. Fractional loading berth requirements shall be rounded down to the next whole space, and no berth shall be required for a fraction less than one. 3. Where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. 4. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 5. References to spaces per employee are to be calculated on the basis of peak employment. 6. "Net Public Area" shall be defined as the total area of Eating and Drinking Establishment or Cabarets and Nightclubs, excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. EXHIBIT A CA 2006 -006 10 7. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. F. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off - street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. 1 20.66.080 A#- Stfeet-Off-site Parking on a Separate I in Chapter 20.90: Zoning Administration. C. Required Findings. 1. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. D. Recordation. Upon approval by the Planning Commission, a Permanent covenant shall be recorded with the County Recorder. The agreement shall be approved by the Planning Director and as to form by the City Attorney and a copy shall be filed with the Planning Department. EXHIBIT A CA 200&606 Decisions of the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. approved off -site spaces to satisfy the parking requirements of this Chapter shall immediately notify the Planning Director of any change of ownership or use of the property where the spaces are a. Substitute parking is provided that is acceptable to the Director: or b. The size or capacity of the use is reduced in proportion to the parking spaces lost. ■ ON IM EXH161T A CA 2006 -006 tz.