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HomeMy WebLinkAboutZA2016-049 - Limited Term Permit for the installation of temporary land and water facilities to provide yacht club services during the demolition and construction of the Newport Harbor Yacht Club approved in Plann - 720 Bay Ave W RESOLUTION NO. ZA2016-049 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2016-006 FOR TEMPORARY YACHT CLUB FACILITIES DURING CONSTRUCTION OF A NEW CLUBHOUSE LOCATED AT 720 WEST BAY AVENUE (PA2016-135) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 demolition and construction of the Newport Harbor Yacht Club (PA2012-091). The project was determined exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. On March 10, 2016, the California Coastal Commission approved Coastal Development Permit No. 5-15-1459 (CDP) allowing the yacht club construction project. The CDP also authorized all of the temporary facilities described in the subject application. The City's previous approval of the project did not include a Limited Term Permit for the proposed temporary facilities. 3. An application was filed by the Newport Harbor Yacht Club with respect to property located at 720 West Bay Avenue requesting approval of a limited term permit for temporary facilities in excess of 90 days to conduct yacht club activities at the site during the reconstruction of the permanent clubhouse. 4. The applicant requests the installation of temporary land and water facilities consisting of: (1) kitchen and office facilities will be placed in portable (modular) structures on the east boatyard deck; (2) at the east docks, three slip fingers will be modified to allow the mooring of a vessel of approximately 80 feet in length for use as a temporary clubhouse; (3) in the main boatyard, two trailers on wheels will provide offices for sailboat coaching functions and restrooms. The temporary facilities would be in place throughout the construction anticipated to be 17 months. 5. The subject property is located within the Private Institutional (PI) Zoning District and the General Plan Land Use Element category is Private Institutional (PI). 6. The subject property is located within the coastal zone. 7. A public hearing was held on September 15, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) 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. Zoning Administrator Resolution No. ZA2016-049 Page 2 of 8 Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The temporary modular buildings will be installed on existing concrete boat storage areas and not require any permanent modifications. The changes to the docks consist of the removal of 3 slips and 3 support piles and the placement of 8 new piles and a floating walkway for the 80-foot boat that will serve as a temporary clubhouse. An eelgrass survey and mitigation consistent with the City's approved eelgrass mitigation and avoidance policy will ensure a less than significant effect upon eelgrass. All improvements will be removed upon completion of the permanent clubhouse construction project anticipated to be completed in 2018. Lastly, the activities supported by the temporary facilities are no different and are no more intensive than the existing yacht club use. 2. The Zoning Administrator 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 20.52.040(G) (Limited Term Permits — Findings and Decisions) 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 requested 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 property will be undergoing redevelopment consisting of the demolition of the existing clubhouse and the construction of a new permanent clubhouse. Boating activities and limited assembly activities would continue and would be supported by temporary modular buildings and a boat large enough to function as a temporary clubhouse. 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Page 3 of 8 2. Parking during the use of the temporary facilities will be accommodated within the existing Newport Harbor Yacht Club parking lot. Parking will be subject to a parking management program applicable to the operation of the existing and future clubhouse to minimize parking conflicts in the area. 3. The temporary clubhouse replaces the existing clubhouse on a short-term basis and does not constitute a new or expanded use of the site. Clubhouse activities will be conducted within a Coast Guard approved vessel to ensure safety. 4. 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. 5. All improvements associated with this Limited Term Permit will be removed within 90 days of the completion of construction of the permanent clubhouse. 6. According to the applicant, approximately 90% of intensive club activities (dining, assembly activities and regattas) are conducted on the weekends or evenings and do not overlap typical construction hours. Club operations that do overlap with normal construction hours are limited in scope and occupancy and as a result, concurrent construction and yacht club activities can occur without detriment to the area. Access and parking conflicts if they occur will be intermittent and of limited duration. 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 subject lot is approximately 1.7 acres in size not including the leased tidelands area directly bayward of the site that will accommodate the temporary clubhouse within an 80- foot boat. 2. Parking is located on a separate lot that is approximately one acre in size and parking will be not affected by the proposed temporary facilities or concurrent construction of the new clubhouse. 3. The lot is developed with two boat storage areas that will accommodate the proposed modular buildings. Displaced boats will be stored more efficiently on-site or relocated to other off-site facilities. 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. 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Pace 4 of 8 Facts in Support of Finding: 1. The project site is served by West Bay Avenue, 7th Street, 8th Street, and Balboa Boulevard. These streets have served the existing Newport Harbor Yacht Club for many years and the temporary facilities are located on the same site. 2. These streets will remain open during construction to facilitate construction and the concurrent operation of the yacht club. The yacht club operating within its temporary facilities will not generate any more traffic that it would generate otherwise. 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. Construction of the permanent clubhouse will not eliminate parking within the existing yacht club parking lot. The existing parking lot is located adjacent to the proposed temporary facilities and will continue to provide parking for the yacht club while the yacht club operates from the temporary facilities 2. A parking management plan is required to be implemented during construction and operations pursuant to the conditions of approval applied to Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002. The parking management plan will be modified to address parking needs for conducting yacht club activities within the proposed temporary facilities concurrent with construction. 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 PI (Private Institutional) land use designation of the General Plan is intended to provide for privately-owned facilities that serve the public, including places for religious assembly, private schools, healthcare, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. 2. The use authorized by the Limited Term Permit is a yacht club that currently operates at the site and the temporary facilities will allow continued use of the site for an allowed use while a new permanent clubhouse building is constructed. 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Page 5 of 8 3. Pursuant to Section 20.26.020 of the Municipal Code, temporary uses within the PI (Private Institutional) Zoning District are allowed subject to the approval of a Limited Term Permit. Limited Term Permits may authorize uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature. In this case, the temporary improvements allow for existing yacht club activities during the construction of a new replacement clubhouse. The use of all temporary improvements will cease and be removed within 90 days of the completion new clubhouse. 4. The proposed use is conditioned such that it will comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. Applicable ministerial permits must be obtained prior to construction. 5. The site is not located within a specific plan area. 6. The proposed temporary facilities have been authorized by the California Coastal Commission pursuant to Coastal Development Permit No. 5-15-1459. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2016-006, 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 fourteen (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 15TH DAY OF SEPTEMBER, 2016. -A Patrick J. Alford Zoning Administrator 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The Limited Term Permit shall expire 24 months from the issuance of a building permit for the temporary facilities. All temporary structures shall be removed from the project site within 90 days of the occupancy of the permanent clubhouse. 3. Limited Term Permit No. XP2016-006 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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. 5. The Limited Term Permit may be modified or revoked by the Zoning Administrator, Planning Commission or 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. Potential changes to the project shall be reviewed by the Community Development Department pursuant to Section 20.54.070 of the Zoning Code. 7. Anything not specifically approved by this Limited Term Permit is prohibited and shall be addressed by a separate and subsequent review. 8. 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. 9. 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. 10. 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. 11. The Parking Management Plan required as part of Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 shall be implemented at all times during the 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Page 7 of 8 use of temporary facilities. The final parking management plan shall ensure that adequate off-street parking is available for concurrent construction and yacht club activities within the proposed temporary facilities. The parking management plan shall be subject to the review and approval of the Community Development Department. 12. No outside paging system or exterior sound system shall be utilized in conjunction with the Newport Harbor Yacht Club and temporary facilities. 13. All trash shall be stored within structures 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 service providers. 14. The exterior of the facility 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. 15. 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. 16. Storage outside of the buildings in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 17. An encroachment permit is required for all work activities within the public right-of-way. 18. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by activities occurring at the project site and by any events conducted on the project site or within the temporary clubhouse and docks, food service operations, delivery/loading operations, and mechanical equipment, etc. 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 19. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7:00 a.m. and 6:30 p.m., and Saturdays between the hours of 8:00 a.m. and 6:00 p.m. No such noise occurrences shall occur at anytime on Sundays or federal holidays. 20. Boats or other materials displaced by temporary facilities or construction materials shall not be stored in the Newport Harbor Yacht Club parking lot. The parking lot shall remain open for parking and shall not be used to store or stage construction materials. 21. To the fullest extent permitted by law, 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 09-15-2016 Zoning Administrator Resolution No. ZA2016-049 Page 8 of 8 (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 the City's approval of the Newport Harbor Yacht Club Temporary Facilities including, but not limited to, Limited Term Permit No. XP2016-006 (PA2016-135). 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, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the 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. 22. The applicant is required to obtain all applicable approvals and/or permits from the City's Harbor Resources Division for the mooring of the temporary clubhouse vessel. 09-15-2016