HomeMy WebLinkAbout03 - Amendment to Newport Beach Municipal Code Chapter 11.03 Special Events
3-1
NEWPORT BEACH
City Council Staff Report
CITY OF
February 23, 2016
Agenda Item No. 3
ABSTRACT:
The proposed amendment exempts events and activities from the special event permit
requirements and other provisions of Newport Beach Municipal Code (NBMC) Chapter
11.03 (Special Events) when such events and activities are authorized by a conditional
use permit.
RECOMMENDATION:
a) Find that the adoption of the amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 153060(c)(2) and Section
15060(c)(3) of the CEQA Guidelines. Alternatively, find the approval of this ordinance is
not a project under CEQA Regulation Section 15061(b)(3) because it has no potential
for causing a significant effect on the environment; and
b) Introduce Ordinance No. 2016-, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Newport Beach Municipal Code Subsection
11.03.020(C) Relating to Special Event Permits, and pass to second reading on March
8, 2016.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The Recreation and Senior Services
Department charges an application fee for special event permits, which ranges from
$444 to $5,001. However, this fee is only intended to offset administrative costs
associated with the processing of the permit.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Program Manager
PHONE: 949-644-3235
TITLE: Amendment to Newport Beach Municipal Code Chapter 11.03
Special Events
Amendment to Newport Beach Municipal Code Chapter 11.03 Special Events
February 23, 2016
Page 2
3-2
DISCUSSION:
Introduction
Special events are regulated by NBMC Chapter 11.03 and include activities such as
concerts, sporting events, festivals and fairs, vehicle and boat shows, firework displays
and other outdoor events. These types of activities require a special event permit,
which is approved by the Recreation and Senior Services Director. In 2015, the
Recreation and Senior Services Department processed 436 special event permit
applications citywide.
Analysis
NBMC Section 11.03.020(C) exempts certain activities from the provisions of NBMC
Chapter 11.03, including activities that are regulated by Title 20 (Zoning Code), such as
live entertainment at restaurants. However, there is ambiguity as to whether such
exemptions extend to other activities regulated by conditional use permits. This issue
came to light recently with a conditional use permit application intended to address
special events and associated noise issues at the Newport Dunes Resort. The Planning
Commission approved the conditional use permit (UP2015-021) on February 3, 2016,
which established the limits on the type and number of events in conjunction with a
noise monitoring and mitigation program. A provision allowing the applicant a specified
number of smaller events without obtaining a special event permit for every event held
in abeyance until such time NBMC Chapter 11.03 is amended.
As shown in Attachment B, the proposed amendment adds the following to NBMC
Subsection 11.03.020(C) to specifically include activities or events authorized under
conditional use permits.
“9. Activities or events authorized under a Conditional Use Permit issued under Title 20 of
this Code.”
Staff believes this clarification will provide efficiencies and reduce administrative
duplication by eliminating the need for special event permits for those events and
activities that are specifically regulated by conditional use permits. The controls and
requirements that would be normally attached to a special event permit, such as noise
and traffic control, would be instead reflected in the conditional use permit.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the introduction and approval of this ordinance
is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
Amendment to Newport Beach Municipal Code Chapter 11.03 Special Events
February 23, 2016
Page 3
3-3
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Alternatively, the City Council may find the approval
of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because
it has no potential for causing a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Draft Ordinance
Attachment B – Redline Draft of NBMC Subsection 11.03.020(C)
ATTACHMENT A
3-4
3-5
3-6
Attachment B
Redline Draft of NBMC Subsection
11.03.020(C)
3-7
Redline Draft of NBMC Subsection 11.03.020(C)
C. Exempt Activities. The following activities are exempt from the provisions of
this chapter:
1. Normal promotional/sale activities conducted within the approved display
area of a business establishment as provided for in Title 20.
2. Commercial filming regulated by Chapter 5.46.
3. Live entertainment at an established place of business, such as a restaurant
or tavern, regulated by Title 20 and Chapter 10.26.
4. Temporary land uses regulated by Title 20 of this Code.
5. Yard, garage, or other personal property sales in residential districts
regulated by Title 20 of this Code.
6. Activities or events held or conducted by or on behalf of the City, a public
school, or the State conducted on property owned or leased by such entity or its
sponsor.
7. Events conducted by homeowners’ associations on common area property
within the association’s boundaries.
8. Any other special event specifically exempted in this Code from the
provisions of this chapter.
9. Activities or events authorized under a Conditional Use Permit issued under
Title 20 of this Code.
3-8