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HomeMy WebLinkAboutZA2025-022 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A TEMPORARY SUMMER CAMP LOCATED AT 1131 BACKBAY DRIVE (PA2025-0003) RESOLUTION NO. ZA2025-022 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A TEMPORARY SUMMER CAMP LOCATED AT 1131 BACKBAY DRIVE (PA2025-0003) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Phillip Ravenna of the Newport Dunes Marina and Resort (Applicant) on behalf of Camp James (Operator), with respect to property located at 1131 Back Bay Drive and legally described as Record of Survey RS_095_39-43 (Property). 2. The Property is located on approximately 100 acres of State tidelands in the Upper Newport Bay held in trust by the County of Orange and leased to the Applicant. The Property, known as the Newport Dunes Waterfront Resort & Marina (Newport Dunes), is currently developed with a variety of uses including a 427-slip marina, clubhouse, and marina support facilities, a 387-space recreational vehicle park with support facilities, various dry boat storage areas, a restaurant, boat launching facilities, various surface parking lots, and beach day use facilities. 3. The Applicant requests a limited term permit (LTP) and coastal development permit (CDP) to allow the operation of an outdoor summer camp for children on a portion of the Newport Dunes Property for less than 90 days. The camp will operate on weekdays, from June 9, 2025, through August 15, 2025, between the hours of 8:30 a.m. and 4:30 p.m. The camp will offer recreational programming including drama, dance, martial arts, sports, swimming, boating, and nature education to approximately 400 children per week. The camp will use a combination of temporary facilities and facilities that are already onsite. All temporary structures and amenities specific to the camp will be removed at the conclusion of this permit. No permanent improvements to the Property are proposed (Project). 4. The Property is categorized as Parks and Recreation (PR) by the Land Use Element of the General Plan and is located within the Newport Dunes Planned Community (PC48) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan category is Parks and Recreation (PR) and it is located within the Newport Dunes Planned Community (PC48) Coastal Zoning District. 6. The PC48 District does not have an adopted planned community development plan; however, land uses, and development standards are established pursuant to the Newport Dunes settlement agreement (Settlement Agreement) as adopted by the City Council on July 10, 2012. Zoning Administrator Resolution No. ZA2025-022 Page 2 of 11 7. Section 20.52.040 (Limited Term Permits) of the NBMC specifies that LTP applications for temporary uses that are less than 90 days do not require a public hearing and are reviewed by the Community Development Director. However, Section 21.52.0150 (Coastal Development Permits) of the NBMC specifies that CDP applications require approval through a public hearing by the City Zoning Administrator. Section 20.50.30 (Multiple Permit Applications) of the NBMC requires that multiple applications for the same project be processed concurrently and be reviewed and approved, modified, or denied by the highest review authority, which in this case is the Zoning Administrator. 8. A public hearing was held on April 24, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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) under Section 15304 under Class 4 (Minor Alterations to Land) 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 Class 4 exemption is for minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. This includes minor temporary uses of land having negligible or no permanent effects on the environment including but not limited to carnivals or sales of Christmas trees. The Project is for a temporary outdoor summer camp which utilizes temporary facilities and structures resulting in no permanent effects on the environment. Therefore, the Class 4 exemption is applicable. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project 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(G) (Limited Term Permits – Finding and Decision) of the NBMC, the findings and facts in support of such findings are set forth as follows: 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 Zoning Administrator Resolution No. ZA2025-022 Page 3 of 11 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 operation of the outdoor summer camp on the Newport Dunes property for a term of less than 90 days. Conditions of Approval No. 2 establishes the duration of the camp from June 9, 2025, through August 15, 2025. The Project will provide additional childcare options and an educational opportunity which serve as additional amenities for the community. 2. Conditions of Approval No. 3 limits the hours of operation for the Project to weekdays, between 8:30 a.m. and 4:30 p.m. These daytime hours help reduce the potential for noise and traffic impacts to the surrounding residential uses during the early morning, evenings, and weekends. 3. The Project will use combination of temporary facilities and facilities that are already onsite. The Property currently has a portable office, portable restrooms, a portable stage, portable storage bins and tables. The Project will set up temporary canopies and activities for children including a mini-golf course and a portable basketball court on an existing concrete slab. All temporary structures and amenities specific to the Project will be removed at the conclusion of this LTP. No permanent improvements to the Property are proposed. 4. Condition of Approval No. 11 requires the Operator to have trash receptacles conveniently located around the camp and ensure the public beach and premises are maintained free of trash and debris. 5. The Property is bounded to the west by the Bayside Village Mobile Home Park, to the north by the Back Bay and marina slips with single-unit dwellings beyond, to the east by a multi-unit senior living complex, Back Bay Drive, and the Hyatt hotel beyond, and to the south by Coast Highway with multi-unit dwellings beyond. Back Bay View Park abuts the Property to the southeast. The nearest residential properties are the mobile homes, located approximately 1,000 feet east of the Project. The Project is separated from the mobile home park by a boat storage lot, two surface parking lots, and a block wall. Due to the Project’s location on the Property, intervening distance, and proposed operations, the Project is not expected to be detrimental to surrounding land 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: Zoning Administrator Resolution No. ZA2025-022 Page 4 of 11 1. The Property is an irregular “U” shaped parcel, approximately 100 acres in area, and is developed with the Newport Dunes complex. The Project is situated on a small portion of the Property’s public beach, near northwestern point of the “U” shape. The specific Project site is bounded to the north by the marina parking lot, to the east and south by the pedestrian trail and public beach, and to the west by a dry boat storage area (Project Site). The Project Site will occupy approximately 1.4 acres, or less than 2%, of the Property. Based on the Property’s large size and small footprint of the Project Site, there is adequate area on the Property for the proposed outdoor camp. 2. While the Project is not in operation, the Project Site is part of the public beach. The Project is not anticipated to impact the normal operations to the Newport Dunes or impact usage of the public beach due to the small footprint of the Project Site on the Property. 3. Facts 2 and 5 in support of Finding A are hereby incorporated by reference. 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 Property is accessed through Bayside Drive, a two-lane street that is approximately 40 feet wide. Bayside Drive leads into the Property and provides access to two parking lots serving the Project. 2. The Project offers an hour and a half range for regular drop-off and pick-up times to reduce traffic congestion. Students may be picked up at any time of the day, and outside of PM peak hours, further reducing traffic congestion that may occur with the operation of a summer camp. 3. The Public Works Department has reviewed the Project and has no objections, subject to the appropriate conditions of approval. Condition of Approval No. 26 has been included which requires that student drop-off and pick-up occur onsite, and not within the public right-of-way. 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 Property has several surface parking lots throughout. The nearest, paved parking lot serves the marina and includes 486 parking stalls. The Applicant has committed to reserve Zoning Administrator Resolution No. ZA2025-022 Page 5 of 11 60 parking spaces for use by the Project staff within the marina parking lot. The Applicant has indicated that there is sufficient on-site parking to accommodate the Project. 2. There is an additional gravel parking lot located on the Property, adjacent to the Project Site. The gravel lot will provide a designated space for the pick-up and drop-off of students outside of the public right-of-way. The gravel parking lot provides approximately 150 parking spaces which can be used for parents, visitors, and any unanticipated or overflow parking demand generated by the Project. 3. Based on the Project’s temporary nature and available onsite parking spaces, the Project is not anticipated to impact the normal operations of the Newport Dunes or be a nuisance to the nearby residential uses. 4. Fact 3 in Support of Finding C is hereby incorporated by reference. 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 Land Use Element of the General Plan categorizes this Property as Parks and Recreation (PR). Table LU 1 (Land Use Plan Categories) of the Land Use Element specifies that the PR category applies to land used or proposed for active public or private recreational use. Examples of appropriate uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The Project is for a temporary outdoor summer camp located within the Newport Dunes which provides recreational opportunities for children. The Project is therefore consistent with the General Plan designations. 2. Policy NR 16.6 (Water-Related Education and Research within Upper Newport Bay) of the Natural Resources Element of the General Plan promotes facilities in and around the Upper Newport Bay to adequately serve as water quality and estuarine education and research programs. The Project is for a temporary outdoor summer camp in the Upper Newport Bay where children are introduced to marine education and participate in boating and other aquatic activities. The Project is, therefore, consistent with Policy NR 16.6. 3. The Settlement Agreement which serves as the zoning document for the Property and lists uses which are specifically allowed and prohibited on the Property. None of the specified allowed or prohibited uses are similar to the Project. While the Settlement Agreement does not specially preclude the Project or similar land uses, the Property is designated as PR by the General Plan which directly aligns with the Project’s intent to provide additional recreational opportunities. Allowing a temporary outdoor camp for children at this Property also directly aligns with the intended use of the Property, which is a place for outdoor recreation and education. Zoning Administrator Resolution No. ZA2025-022 Page 6 of 11 4. The Property is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, 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. Pursuant to Section 21.52.035(D) (Projects Exempt from Coastal Development Permit Requirements – Special and Temporary Events), the Project is not exempt from a CDP requirement because the Project would occur between Memorial Day weekend and Labor Day and occupy a portion of a public sandy beach. Therefore, approval of a CDP is required for the Project. 2. The Land Use and Development Element of the Coastal Land Use Plan (CLUP) categorizes this Property as Parks and Recreation (PR). The PR category applies to land used or proposed for active public or private recreational use. Examples of appropriate uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The Project is for a temporary outdoor summer camp located within the Newport Dunes and provides recreational opportunities for children. The Project is therefore consistent with the CLUP designation. 3. Policy 2.1.7-1 (Newport Dunes) of the CLUP intends to protect, and if feasible, expand and enhance, the variety of recreational and visitor-serving uses with emphasis on lower cost uses. The Project is for a temporary outdoor summer camp which provides recreational opportunities for children within the Newport Dunes. The Project is, therefore, consistent with Policy 2.1.7-1. 4. The Property is located within the PC48 Coastal Zoning District which does not have an adopted planned community development plan; however, land uses and development standards are established pursuant to the Settlement Agreement. 5. The Project Site is located within the immediate vicinity of various designated coastal views, as identified in the CLUP. The nearest coastal viewpoint is approximately 1,600 feet to the south, at Back Bay View Park. Site investigation revealed that the Project is visible from Bay View Park. The tallest temporary improvement proposed, a canopy, is only 12 feet tall and would not exceed the height of the marina clubhouse beyond. Because the improvements are small in height, bulk, and scale, and are temporary, the Project is not anticipated to block views of the Back Bay, the bluffs beyond, or degrade the visual quality of the coastal zone. Zoning Administrator Resolution No. ZA2025-022 Page 7 of 11 6. There are additional viewpoints within proximity of the Project including West Cliff Park, approximately 1,700 feet to the north, and both Castaways and Lower Castaways Park approximately 3,000 feet to the west. The Project is generally not visible from these viewpoints due to the substantial distance from the Project and intervening structures including the Newport Dunes Marina club house, landscaping, and the Bayside Village Mobile Home Park. 7. The Property is located adjacent to Coast Highway and Back Bay Drive which are designated as coastal view roads by the CLUP. The Project is visible from portions of both Coast Highway and Back Bay Drive. Because the improvements are small in height, bulk, and scale, and are temporary, the Project is not anticipated to block views of the Back Bay, the bluffs beyond, or degrade the visual quality of the coastal zone. 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 of shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located between the nearest public road and the shoreline. Section 21.30A.040 (Determination of Public Access/ Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project is for a temporary outdoor camp at the Newport Dunes and facilitates access to coastal recreational opportunities and coastal education to children. The Project itself does not increase the demand for public access or recreational opportunities but instead is an enhancement to the existing public access and recreational opportunities located on the Property. 2. While the CLUP does not have any designated beach access locations at the Property, there are several beach access locations on the Property and around the central lagoon. The Project is located within a small portion of the Property and does not include any features that would obstruct access along the Newport Dunes public walkway trail or any of the nearby beach access locations that are maintained as part of the Settlement Agreement. 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 under Section 15304 under Class 4 (Minor Alterations to Land) 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. Zoning Administrator Resolution No. ZA2025-022 Page 8 of 11 2. The Zoning Administrator of the City of Newport Beach hereby approves the Limited Term Permit and Coastal Development Permit filed as PA2025-0003, 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 by the provisions of Title 21 (Local Coastal Program Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) 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 24TH DAY OF APRIL, 2025. Zoning Administrator Resolution No. ZA2025-022 Page 9 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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 Project shall be permitted on the Property, on weekdays, between June 9, 2025, and August 15, 2025. Operation of the Project outside of this duration is prohibited without subsequent review by the Planning Division and the potential processing of a new limited term permit and coastal development permit. 3. The Project shall be permitted to operate between the hours of 8:30 a.m. and 4:30 p.m. 4. The Property shall be cleaned of all debris, litter, amenities and temporary structures and amenities specific to the Project, within 30 days of the expiration of the LTP. 5. The Project shall not impede public access to the adjacent public path which facilitates public access to the beach. 6. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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 cause the revocation of this approval. 8. All noise generated by the Project shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 9. A Special Events Permit is required for any event or promotional activity outside the normal operating 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 NBMC to require such permits. 10. The Property shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Community Development Director, 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 Property is excessively illuminated. Zoning Administrator Resolution No. ZA2025-022 Page 10 of 11 11. The Operator shall install trash receptacles conveniently located around the Project Site and ensure the public beach and premises are maintained free of trash and debris. 12. 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). 13. Prior to the operation of the Project, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. 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 Camp James including, but not limited to the Limited Term Permit and Coastal Development Permit filed as PA2025-0003. 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. Building Division 15. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. 16. An accessible path of travel to all functional areas shall be provided. 17. Access to restrooms shall be provided at all times. 18. Accessible parking stalls shall not be used for seating areas when onsite parking is provided. 19. Detectable warnings shall be required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two. Zoning Administrator Resolution No. ZA2025-022 Page 11 of 11 20. A minimum of 5% accessible seating shall be provided at tables and counters with knee clearances of at least 27 inches high, 30 inches wide, and 19 inches deep. 21. The tops of dining surfaces and work surfaces shall be 28 to 34 inches above the finished floor. 22. All exiting paths shall be a minimum of 48 inches free and clear. All public walks and sidewalks shall be a minimum 48 inches free and clear. 23. All building exits shall remain free and clear of any obstacles that would impede exiting from a building or suite and accessing the nearest public right-of-way 24. Accessible routes, including under canopy(ies) and other overhead improvements shall maintain a minimum clear height of 80 inches. 25. All electrical distribution lines shall be in good working order and shall be protected from pedestrian and vehicular traffic and shall accommodate accessibility. Public Works Department 26. The Applicant and/or Operator shall ensure that camper drop-off and pick-up areas do not occur within the public right-of-way.