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HomeMy WebLinkAbout2009 - A conditional use permit to establish security and noise control procedures and standards for outdoor events at the Newport Dunes Resort and Marina. - 1131 Back Bay Dr RESOLUTION NO. 2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-021 TO ALLOW A SPECIFIED NUMBER OF SPECIAL EVENTS AT THE NEWPORT DUNES RESORT AND MARINA (PA2015-084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Dunes Resort and Marina, with respect to property located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as Record of Survey RS_095_39-43, requesting approval of a conditional use permit to allow a specified number of special events at the subject property. 2. The applicant proposes to conduct up to fourteen (14) Level 2 and 3 events and 500 Level 1 events each year. 3. The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Park and Recreation (PR). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Park and Recreation (PR). 5. A public hearing was held on February 3, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 23 (Normal Operations of Facilities for Public Gatherings). 2. The Class 23 exemption consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. Planning Commission Resolution No. 2009 Page 2 of 11 3. The project site is an aquatic park with facilities for public gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project site has historically been utilized as a venue for public gatherings, including festivals, concerts, weddings, parties, and other public and private events. Currently, there is no limitation on the number of events that can occur on the project site, therefore the reasonable expectation is that, under the terms of the conditional use permit which limits the number of events, there would be no change in the operation of the facility. 4. The Planning Commission 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 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: Al. The PR (Parks and Recreation) designation applies to land used or proposed for active public or private recreational use. The project site is an aquatic park and serves as a venue for festivals, concerts, weddings, parties, and other public and private events. The use of park and recreational facilities for occasional use as venue is consistent with the PR designation. A2. The project site 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; Facts in Support of Finding: B1. The PC Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a 03-03-2015 Planning Commission Resolution No. 2009 Page 3 of 11 physical and environmental arrangement while maintaining the spirit and intent of the Zoning Code. B2. The project site has been used as a venue for public and private gatherings with the approval of special event permits prior to the establishment of the PC Zoning District on the project site in 1996. B3. The project includes conditions of approval to ensure that special events continue to be incidental and secondary to the principal use of an aquatic park. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: C1. The project site is a 100-acre aquatic park with facilities for public and private gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. C2. The project site contains over 800 parking spaces in the Day Use Parking Lot and 654 parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to accommodate the largest events. C3. The provide site maintains adequate access from Back Bay Drive via a four (4) lane access drive. C4. The project is conditioned to implement the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol, which establishes noise control protocols for all events that involve the use of amplified sound, including from portable sound amplification or music producing devices, to ensure that noise generated by events do not exceed the City noise standards. 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; and Facts in Support of Finding: D1. The project site is an aquatic park with facilities for public gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project site has a past history as a venue for public gatherings, including festivals, concerts, weddings, parties, and other public and private events. 03-03-2015 Planning Commission Resolution No. 2009 Page 4 of 11 D2. Adequate public and emergency vehicle access, public services, and utilities are provided to the project site. D3. The Public Works Department, Building Division, and Fire Department have reviewed the project and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. 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: E1. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. E2. Level 1 events are routine, one-day events that do not require the presence of City personnel or traffic control plans, which, under the terms of this permit, will not 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. E3. Level 2 and 3 events will continue to be required to apply for a special event permits pursuant to Chapter 11.03 (Special Events) of the Newport Beach Municipal Code. Such applications will be reviewed the Recreation and Senior Services Department and other City departments to determine reasonable terms and requirements necessary for the protection of persons and property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-021, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 2016. AYES: Koetting, Kramer, Lawler, Weigand and Zak 03-03-2015 Planning Commission Resolution No. 2009 Page 5 of 11 NOES: None RECUSED: Brown ABSENT: Hillgren BY:_7 KoryKra r, hairm n I BY: 0 Pe er Koetti g, Secq tary 03-03-2015 Planning Commission Resolution No. 2009 Page 6 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Expiration and Extension. Use Permit No. UP2015-021 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. 2. Compliance with Conditions. All special events, as defined by Section 11.03.020 of the Newport Beach Municipal Code (NBMC), shall comply with the conditions of this permit. 3. Event Permit Level Defined. Level 1, 2, and 3 events shall be defined as follows: "Level 1 Event"shall mean any event: a. With a duration of one (1) day only; b. With an attendance of less than one thousand (1,000) persons. a. Level 1A for events with an attendance of less than five hundred (500) persons, b. Level 1B for events with an attendance between five hundred (500) and less than one thousand (1000) persons. c. Involves no public road or travel lane closures or detours; d. Requires no traffic control, as determined by the City Traffic Engineer or the Police Department; and e. Does not require the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department. "Level 2 Event"shall mean any event: a. With a duration of up to four (4) consecutive days, including setup and breakdown; or b. With a attendance of one thousand (1,000) to five thousand (5,000) persons over the course of the event; or c. Occurs in public right-of-way, except park under reservation; or d. Requires the limited presence of City personnel, as determined by the Recreation and Senior Services Director. "Level 3 Event"shall mean any event: 03-03-2015 Planning Commission Resolution No. 2009 Page 7 of 11 a. With a duration of more than four (4) consecutive days, including setup and breakdown; or b. With an estimated attendance of more than five thousand (5,000) persons over the course of the event; or c. Involves public road or travel lane closures or detours; or d. Requires traffic control, as determined by the City Traffic Engineer or the Police Department; or e. Requires the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department; or f. Requires noise monitoring by the City, as determined by the Code Enforcement Supervisor. 4. Number of Level 1 Events Permitted. The applicant shall be permitted to conduct the following number of Level 1 events: a. A maximum of twenty (20) Level 1A events per month during the months of January through April and November; b. A maximum of ten (10) Level 1B events per month during the months of January through April and November; C. A maximum of thirty-five (35) Level 1A events per month during the months of May through October and December; d. A maximum of fifteen (15) Level 1B events per month during the months of May through October and December. The applicant shall obtain a special event permit in accordance with Chapter 11.03 NBMC for Level 1 events until such time the Municipal Code is amended to exempt the requirement of a special event permit with approval of a conditional use permit. 5. Number of Level 2 and 3 Events Permitted. The applicant shall be permitted to conduct a maximum of fourteen (14) Level 2 and/or Level 3 events each year with the approval of a special event permit in accordance with Chapter 11.03 NBMC. 6. Advance Notice of Level 1 Events. The applicant shall notify the Community Development Department of all Level 1 events authorized by Condition No. 4 of this permit a minimum of twenty-one (21) days prior to the event. Traffic control measures, as determined by the City Traffic Engineer, shall be implemented to address concurrent events, if deemed necessary by the Public Works Director. 03-03-2015 Planning Commission Resolution No. 2009 Page 8 of 11 7. Monthly Event Monitoring Report. The applicant shall submit a monthly report of all Level 1, 2, and 3 events conducted on the project site to the Community Development Department to monitor the number of events and verify compliance with the conditions of this permit. The report shall be submitted on or before the 15"' day of the following month in a form approved by the Community Development Department, which shall include the following information: a. The event title; b. A general description of the event; C, The general location of the event on the project site; d. The date, start time and duration of the event. e. The estimated daily attendance; and d. A description of any sound amplification equipment. 8. Hours of Operation. The use of amplified sound shall not begin before 7:00 a.m. on weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of amplified sound and events shall cease at the following times: Latest7Eve Dates AmplifiedSound End Time Sunday through Thursday, except on NMUSD holidays and g:00 p.m. duringNMUSD recesses Weekdays and Weekends on NMUSD holidays and during 10:00 p.m. NMUSD recesses Independence Day(July 4) 10:30 p.m. 11:00 .m. Marine Corps Birthday November 10 11:15 p.m. 11:30 p.m. 12:30 a.m. 1:15 a.m. New Year's Eve (December 31) on New on New Year's Day Year's Da Newport Mesa Unified School District (NMUSD) holidays and recesses shall be determined by the current official calendar approved by the NMUSD Board of Education. The event end time shall mean the time when the event activities have ceased and all attendees have exited the site. The event end time does not include post-event clean- up and breakdown. Any event involving the use of amplified sound outside of time limits prescribed above shall require a special event permit in accordance with Chapter 11.03 NBMC. 9. Sound Level Monitoring and Mitiqation. The use of amplified sound shall comply with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol attached hereto as Exhibit `B" to ensure that sound generated by the project site does not exceed the noise standards of Chapter 10.26 NBMC. 03-03-2015 Planning Commission Resolution No. 2009 Page 9 of 11 The Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol may be updated from time to time at the request of, and subject to the approval of, the Community Development Director. Any substantial changes to mitigation measures shall be reviewed and approved by the Planning Commission prior to implementation. 10. Professional Sound Monitoring and Reporting Services. The applicant shall enter into an agreement with City to reimburse the City for costs and expenses of providing professional sound monitoring and reporting services for Level 2 and Level 3 events and other events, as determined by the Community Development Director. The form of the agreement shall be determined by the City Attorney's office. 11. Compliance with Noise Control Requirements. All noise generated by events on the project site shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 12. Insurance. The applicant shall provide one million dollars ($1,000,000) general liability insurance naming the City of Newport Beach as additionally insured. 13. Licenses. The applicant shall complete the Special Events Temporary Business License Application and collect the apportioned business license from each vendor, exhibitor or other service provider and remit the payments to the City prior to the event date. 14. Permits and Inspections. a. The applicant shall obtain any applicable City permits and inspections for the installation of temporary structures, stands, platforms, stages and stage lighting rigs over thirty (30) inches in height from grade, all tents and temporary membrane structures having an area in excess of four hundred (400) square feet, and the use and storage of portable liquefied petroleum gas containers. b. The applicant shall provide plans, details and specifications with calculations, to the Building Division for plan review and approval, at least thirty(30) days prior to the event. Such plans shall be stamped and signed by a licensed engineer in the State of California. The following note shall be provided on the plans: "Engineer shall perform site observations during the construction and shall provide a letter to the City building inspector stating the temporary buildings, stands, platforms, stages and stage lighting rigs are installed per code and satisfactory to be used for their intended purpose." C. The applicant shall allow City officials access for inspections in order to determine compliance with City codes, any approved permit and/or any conditions of approval. 03-03-2015 Planning Commission Resolution No. 2009 Page 10 of 11 d. The applicant shall comply with all lawful orders and requirements of the principal building inspector. 15. Outside Agencies. a. Any food service to comply with Orange County Health Department requirements. b. Any alcoholic beverage service shall comply with Alcoholic Beverage Control requirements. 16. Settlement Agreement. All events shall comply with the terms of the Newport Dunes Settlement Agreement, as amended. 17. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 18. 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. 19. This Conditional Use Permit may be modified or revoked by the Planning Commission 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. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 Between the hours of 7:00a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 5 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 03-03-2015 Planning Commission Resolution No. 2009 Page 11 of 11 22. 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. 23. 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 the Newport Dunes Resort Events including, but not limited to, the Conditional Use Permit No. 2015-021 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. 03-03-2015