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HomeMy WebLinkAboutPA2020-273_20211217_ZA Action Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Gondola Adventures Extension of Time (PA2020-273) ▪ Coastal Development Permit No. CD2020-136 ▪ Limited Term Permit No. XP2020-006 Site Location 200 Bayside Drive Applicant Gondola Adventures, Inc. Legal Description A Portion of Parcel 3 of Parcel Map No. 93-111 On December 17, 2021, the Zoning Administrator approved a 12-month extension of time of a coastal development permit and limited term permit for gondola boat tours at 200 Bayside Drive. The limited term permit and coastal development permit were originally approved on December 10, 2020 by the Zoning Administrator (Attachment No. ZA 2) and are set to expire on January 11, 2022. The extension will allow the limited term permit and coastal development permit to concurrently expire on January 11, 2023. There have been no changes to the conditions or circumstances of the project from the time of the original approval. The gondola boat tours have been operating without any issues or complaints from the public. MS/dl Attachments: ZA 1 Vicinity Map ZA 2 Resolution ZA2020-080 ZA 3 Request for Time Extension Attachment No. ZA 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Extension of Time Coastal Development Permit No. CD2020-136 Limited Term Permit No. XP2020-006 PA2020-273 200 Bayside Drive Subject Property Attachment No. ZA 2 Resolution ZA2020-080 RESOLUTION NO. ZA2020-080 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO.CD2020-136 AND LIMITED TERM PERMIT NO. XP2020-006 FOR A TEMPORARY MODULAR UNIT TO BE USED AS AN OFFICE FOR GONDOLA TOURS LOCATED AT 200 BAYSIDE DRIVE (PA2020-273) 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 proposes to use an existing temporary modular office for gondola boat tours. The gondola boats will be docked within existing marina slips accessible from the property. The office will be used for general office operations, storage, and setup area for gondola tours. The office will include an attached restroom to serve employees and customers. 3. 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. 4. 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 (PC9) Coastal Zone District. 5. A public hearing was held online on December 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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 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. The Class 3 exemption authorizes minor alterations to 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. Zoning Administrator Resolution No. ZA2020-080 Page 2 of 10 08-10-18 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 operation in a temporary modular office. The office will be used for general office operations, storage, and setup area for gondola cruises. The office will also include a restroom for employees and customers. 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 launch area, a floating fish market, and additional marine-related material storage. The temporary modular office will be used as an office 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 modular office is located within the Back Bay Landing Planned Community Development Plan (PC9) zoning and coastal zoning districts. The purpose of PC9 is to provide a vision for the land uses, set the development standards and design guidelines for the future review and approval of an integrated, mixed-use waterfront development. The proposed modular office is located within the future bayfront promenade identified in PC9 for the future mixed-use development; however, the modular office is temporary in use and is not part of the future development. As conditioned, if the future development is implemented prior to the expiration of the Limited Term Permit, the modular office shall be removed. The modular office does not interfere with nearby uses. Zoning Administrator Resolution No. ZA2020-080 Page 3 of 10 08-10-18 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 modular building is located within Planning Area 1 (Mixed-Use Area) of PC-9, which is approximately 5 acres in size. There is adequate area to accommodate the proposed modular office and existing uses without impacting vehicle circulation. The modular office is located in the rear of the lot, adjacent to the bay and marina access walkway. 2. The placement of the temporary modular office has been conditioned to ensure that it 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 modular office will not affect any of the surrounding uses. 4. The temporary modular office is 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; Facts in Support of Finding: 1. The subject lot has a direct driveway approach taken from Bayside Drive. The temporary modular office is located in the rear of the site will not impede access to the existing parking lot. There are no traffic issues anticipated. 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 Facts in Support of Finding: 1. The gondola boats will be docked utilizing existing marina slips. Customer and employee parking are provided for within the existing parking lot. Although the operation of the boat tours is expected to increase parking demands at the site, the site provides approximately 141 marked and unmarked parking spaces that are underutilized. The proposed location of the modular office will result in the temporary loss of 7 parking spaces, reducing the total Zoning Administrator Resolution No. ZA2020-080 Page 4 of 10 08-10-18 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 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 review of historical aerial photographs of the site. Therefore, the proposed gondola operation and modular office are not anticipated to negatively impact parking availability of 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 modular office is conditioned to comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 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: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The temporary modular office is 720 square feet and includes a restroom. 2. 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 boat tour use is a coastal-dependent use that requires close proximity to the bay. 3. 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 launch area, a floating fish market, and additional marine-related material storage. The proposed boat tour use and temporary modular office is compatible with other marine-related uses. The development to the east is a mobile home park. The bulk and scale of the temporary modular office is compatible with the surrounding development. Zoning Administrator Resolution No. ZA2020-080 Page 5 of 10 08-10-18 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 to 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. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 6. 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. An initial evaluation was conducted by staff to determine if the proposed modular office has 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 modular office is a single-story structure approximately 10 feet in height. The portion of East Coast Highway abutting the eastern portion of the subject lot, as well as Bayside Drive, do not provide existing views of the bay. 3. Based on the visual impact analysis, the modular office 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 proposed boat tour use will provide additional recreation options to residents and visitors and encourage access to and usage of the bay. 5. The modular office is located within a future pedestrian easement, which is a feature of a future project on the subject property. The modular building has been conditioned to be removed upon recordation of the pedestrian easement. Also, as conditioned, if the future Zoning Administrator Resolution No. ZA2020-080 Page 6 of 10 08-10-18 development is implemented prior to the expiration of the Limited Term Permit, the modular office shall be removed. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves CD2020-136 and XP2020-006, 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 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. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF DECEMBER, 2020. Zoning Administrator Resolution No. ZA2020-080 Page 7 of 10 08-10-18 EXHIBIT “A” CONDITIONS OF APPROVAL 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Coastal Development Permit No. CD2020-136 and Limited Term Permit No. XP2020-006 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. Coastal Development Permit No. CD2020-136 and Limited Term Permit No. XP2020-006 shall not be effective until after January 11, 2021. 6. The applicant shall obtain permits from the Fire Department for a fire suppression system within 60 days of the approval of the coastal development permit and limited term permit. 7. 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 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. 8. 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. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development Permit and Limited Term Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Zoning Administrator Resolution No. ZA2020-080 Page 8 of 10 08-10-18 Permit and Limited Term Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. This Limited Term Permit shall expire twelve (12) months from the issued date of building occupancy, 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. 12. Upon recordation of a future pedestrian easement in compliance with PC-9, the temporary trailer shall be removed. 13. 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 to 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. 14. A Marine Activities Permit (MAP) shall be obtained prior to the operation of boat tours. 15. In the event that 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. 16. Prior to the issuance of a building permit, approval shall be obtained from the Building Division for the use of a pump out and holding station instead of connecting to a sewer system. 17. 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. 18. 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 to 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. 19. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 20. 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 Zoning Administrator Resolution No. ZA2020-080 Page 9 of 10 08-10-18 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 21. 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. 22. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 23. No outside paging system shall be utilized in conjunction with this establishment. 24. All trash shall be stored within the building 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. 25. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 26. 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. 27. 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. 28. 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 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). Zoning Administrator Resolution No. ZA2020-080 Page 10 of 10 08-10-18 29.The applicant shall ensure that the pump-out restroom is regularly serviced and maintained to control odors. 30.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. 31.Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 32.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. 33.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 Gondola Adventures including, but not limited to, Coastal Development Permit No. CD2020-136 and Limited Term Permit No. XP2020-006 (PA2020-273). 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. Attachment No. ZA 3 Request for Time Extension PA2021-275