HomeMy WebLinkAbout08_Orange County Charters Limited Term Permit and CDP_PA2020-022-
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 16, 2020
Agenda Item No. 8
SUBJECT: Orange County Charters (PA2020-022)
▪ Limited Term Permit No. XP2020-003
▪ Coastal Development Permit No. CD2020-011
SITE LOCATION: 1221 West Coast Highway
APPLICANT: Orange County Charters
OWNER: City of Newport Beach
PLANNER: Patrick Achis, Assistant Planner
pachis@newportbeachca.gov, 949-644-3237
LAND USE AND ZONING
• General Plan Land Use Plan Category: Visitor Serving Commercial (CV)
• Zoning District: Balboa Bay Club (PC45)
• Coastal Land Use Plan Category: Visitor Serving Commercial (CV-B) (0.0 – 1.50
FAR)
• Coastal Zoning District: Balboa Bay Club (PC45)
PROJECT SUMMARY
A request for a limited term permit (more than 90 days) and associated coastal
development permit (CDP) to allow the temporary operation of a charter boat
business with on-site parking for up to one year. Five spaces of the existing Balboa
Bay Club lot would be shared to park the operation, and an existing boat slip on
property would dock the sole 36-foot-long charter boat. Proposed hours of
operation are 8 a.m. to 7 p.m., daily. No construction or physical alterations to the
site are proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land)
under Class 1 and Class 4, respectively, of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
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3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2020-003 and Coastal Development Permit No. CD2020-011 (Attachment No.
ZA 1).
DISCUSSION
•Orange County Charter proposes to temporarily operate a captained charter boat
business with on-site shared parking at the Balboa Bay Club. Chartered excursions
are expected to occur once a day, last four to nine hours, and board up to 15
persons, counting crew and passengers. For full operational details, please see
the Applicant’s Project Description as Attachment No. ZA 3.
•The subject site measures roughly 12.6 acres in area and is situated within
Mariner’s Mile, between Lower Newport Bay to the south and Coast Highway to
the north. The easterly and westerly boundaries respectively abut the Bayshores
residential community and the Newport Sea Base. An existing dock slip and
communal pickup dock on-property are proposed to be used by the operation and
take pedestrian access through an on-property walkway. (Reference Attachment
No. ZA 4 for Dock Plan). Present improvements include a private waterfront
club and luxury resort, banquet rooms and event spaces, a residential apartment
community, ancillary retail, a bay front marina, and 494 surface and subsurface
parking spaces.
•The proposed boat charter operation will be used and operated independently, but
complementary to, the existing uses on-site and others in the vicinity that foster
coastal activity for residents and visitors. Condition of Approval No. 4 prohibits food
service or alcohol sales bayward of the property. Passengers would bring their own
food and drink on-board, in compliance with Code Enforcement and the California
Department of Alcoholic Beverage Control regulations. Condition of Approval No.
5 limits the hours of operation to be between 9 a.m. and 10 p.m., daily.
•The General Plan Land Use designation for this site is Visitor Serving Commercial
(CV), which is intended to provide accommodations, goods, and services intended
to primarily serve visitors to the City of Newport Beach. While the Balboa Bay Club
Planned Community District Regulations (PC45) do not mention charter operations
as an allowed accessory use by name, a limited term permit allows limited duration
uses that might not meet the development or use standards of the applicable
planned community, but may be acceptable because of their temporary or limited
nature. Considering the small-scale and appointment-based character of the
charter boat proposal, operation would not function as a typical general public
service that may otherwise conflict with Balboa Bay Club uses. Additionally,
introduction of the temporary use will provide recreation options to guests of BBC,
and residents and visitors of Newport Beach, encouraging enhanced access to
and usage of the bay.
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• The project site is located between the nearest public road and the sea or shoreline,
though the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities. PC45 requires on-site public coastal
access, provided by the site’s entrance off West Coast Highway that links to a bay
front walkway. The closest coastal public access opportunity is located less than 245
feet northeast from the subject site at Kings Road Park. The proposed dock and
communal passenger loading dock is existing and no construction or physical
alterations are proposed; consequently, the proposal bears no impact on coastal
access, views, or recreational opportunities.
• Table 3-10 of the Newport Beach Municipal Code (NBMC) Section 20.40.040 (Off-
Street Parking Spaces Required) requires one parking space per each three
passengers and crew members for the proposed “Entertainment and Excursion
Service” land use. Since a maximum of 15 persons would occupy the watercraft,
projected temporary parking demand would be five parking spaces. Per Staff
Approval No. SA2005-009, approved by the Planning Director on September 30,
2005, allowed a reduction of 1 parking space from 495 to 494 for the Balboa Bay
Club. Current parking is legal nonconforming.
• The Applicant requests to temporarily share five on-site parking spaces with BBC
for limited duration of this permit. Site parking counts were recorded by the
Applicant over a 12-day period at two-hour intervals from 9 a.m. to 6 p.m. in late
January and early February 2020. This survey revealed an average availability of
over 200 spaces during operating times for the proposed use . BBC also provides
valet service that helps manage on-site parking. Since the proposed excursions
would require only 5 spaces of the 494 provided on-site and take place once a day,
and by appointment, negative parking impact is not expected.
• Because adequate parking will be provided by way of the on-site lot, public parking
availability for coastal access will not be affected by project implementation in
accordance with NBMC Section 21.40.110(A) (Impact to Coastal Access
Prohibited).
• The applicant anticipates that patrons will rely on carpooling or ride-share services
for transportation to the site, which may further assist to minimize the potential for
parking impacts.
• The proposal is for a temporary use and the operation must conclude one year
after the effective date of this approval, unless an extension is granted by the
Zoning Administrator in compliance with NBMC Section 20.54.060 (Time Limits and
Extensions), or unless a new discretionary application for the continuation of the
use is approved. If the use is operated or maintained in a manner that constitutes
a public nuisance, or proves to be detrimental to the public health, welfare or
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materially injurious to the property or improvements in the vicinity, Condition of
Approval No. 11 reserves authority for the Zoning Administrator to modify or revoke
this approval.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) under Class 1
and Class 4, respectively, of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the environment.
Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination. Class 4 exempts 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. The proposal
is a limited term permit and associated coastal development permit for the operation of a
charter boat operation at an existing dock and results in no physical alterations.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundary of 1221 West Coast
Highway (excluding intervening rights-of-way and waterways), including the applicant,
and posted on the subject property at least 10 days before the scheduled hearing,
consistent with the provisions of the Municipal Code. Additionally, t he item appeared on
the agenda for this meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of NBMC Title 21 (Local Coastal
Implementation Plan). 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. For additional information on filing an appeal contact the Planning Division
at 949-644-3200.
Prepared by:
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GR/pa
Attachments: ZA 1
ZA 2
ZA 3
ZA 3
Draft Resolution
Vicinity Map
Applicant’s Project Description
Dock Plan
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT NO. XP2020-003 AND COASTAL DEVELOPMENT
PERMIT NO. CD2020-011 FOR A LIMITED-DURATION CHARTER
BOAT OPERATION LOCATED AT 1221 WEST COAST HIGHWAY
(PA2020-022)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Orange County Charters (“Applicant”), with respect to property
located at 1221 West Coast Highway, and legally described as Portion of Lot 171, Block
54 of Irvine’s Subdivision as shown on a map thereof filed in Book 1, Page 88 of
Miscellaneous Record Maps in the Office of the County Recorder of Orange County,
California, requesting approval of a limited term permit (more than 90 days) and associated
coastal development permit.
2. The Applicant requests a limited term permit (more than 90 days) and associated coastal
development permit (CDP) to allow the temporary operation of a charter boat business
with shared on-site parking for up to one (1) year. Operations will use an existing dock
slip and shared passenger loading dock on property. Hours of operation are from 8 a.m.
to 7 p.m. Parking is proposed to be shared on-site with the Balboa Bay Club.
3. The General Plan Land Use designation for this site is Visitor Serving Commercial (CV),
which is intended to provide accommodations, goods, and services intended to primarily
serve visitors to the City of Newport Beach.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial (CV-B) (0.0 – 1.50 FAR) and it is located within
the Balboa Bay Club (PC45).
5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center
Drive, Newport Beach. 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
Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) under Class
1 and Class 4, respectively, of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the environment.
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2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination. Class 4 exempts 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. In
this case, the proposal is a limited term permit and associated coastal development permit
for the operation of a charter boat operation at existing docks and results in no physical
alterations.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.040 (Limited Term
Permits), 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 for the temporary operation of a charter boat
operation for up to one (1) year. The operation would use an on-site dock slip and shared
passenger loading dock. Parking would be shared with the existing Balboa Bay Club
surface and subsurface lots.
2. The proposed charter boat operation will be used and operated independently, but
complementary to, the existing uses on-site and others in the vicinity that foster coastal
activity for residents and visitors. Food service or alcohol sales bayward of the property
would be prohibited. Passengers would bring their own food and drink on -board, in
compliance with Code Enforcement and the California Department of Alcoholic
Beverage Control regulations.
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.
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Facts in Support of Finding:
1. The subject site measures roughly 12.6 acres in area and is situated within Mariner’s
Mile, between Lower Newport Bay to the south and Coast Highway to the north. An
existing boat slip and shared dock are proposed to be used for access to the boat by
crew and passengers. Existing on-site development includes a private waterfront club
and luxury resort, banquet rooms and event spaces, a residential unit apartment
community, ancillary retail, a bay front marina, and 494 surface and subsurface parking
spaces.
2. Orange County Charter proposes to temporarily operate a captained charter boat
business with on-site shared parking at the Balboa Bay Club. Chartered excursions are
expected to occur once a day and, last four to nine hours, with a maximum of 15 persons,
counting crew and passengers.
3. The temporary use would utilize one (1) dock and one (1) boat with approximately 15
passengers and crew at any given time. Hours of operation are conditioned to between
8 a.m. and 7 p.m., daily.
4. The charter boat operation use is commensurate with others in the vicinity and will
provide additional coastal recreational opportunities. Shared on-site parking is not
anticipated to result in a new or negative impact to the surrounding properties.
5. Approval of this project will not result in any construction or physical alterations to the
site.
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. Reference Fact in Support of Finding A.1.
2. Vehicular access to the subject site is currently provided by a single driveway approach
from the south side of West Coast Highway. Through the site, access is provided by a
surface parking area with drive aisles. Pedestrian access to the communal passenger
loading dock is taken via an on-site gangway. No changes to access are proposed and
onsite circulation would not change as part of the project. There are no anticipated traffic
issues.
Finding:
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D. Adequate temporary parking to accommodate vehicular traffic to be ge nerated 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. Table 3-10 of NBMC Section 20.40.040 (Off-Street Parking Spaces Required) requires
one parking space per each three passengers and crew members for the proposed
“Entertainment and Excursion Service” land use. Since about 15 persons would occupy
the watercraft, projected temporary parking demand would be five parking spaces. Per
Staff Approval No. SA2005-009, approved by the Planning Director on September 30,
2005, allowed a reduction of 1 parking space from 495 to 494. Current parking is
nonconforming. The Applicant requests to temporarily share five on-site parking spaces
with BBC for limited duration of this permit. Site parking counts were recorded by the
Applicant over a 12-day period at two-hour intervals from 9 a.m. to 6 p.m. in late January
and early February 2020. This survey revealed an average availability of over 200
spaces during operating times for the proposed use. BBC also provides valet service
that helps manage on-site parking. The applicant anticipates that patrons will rely on
carpooling or ride-share services for transportation to the site, which may further assist
to minimize the potential for parking impacts. Since the proposed excursions would
require only 5 spaces of the 494 provided on-site and take place once a day, and by
appointment, negative parking impact is not expected.
2. Because adequate parking will be provided by way of the off -site lot, public parking
availability for coastal access will not be affected by project implementation in
accordance with NBMC Section 21.40.110(A) (Impact to Coastal Access Prohibited).
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 General Plan Land Use designation for this site is Visitor Serving Commercial (CV),
which is intended to provide accommodations, goods, and services intended to primarily
serve visitors to the City of Newport Beach.
2. While the Balboa Bay Club Planned Community District Regulations (PC45) do not
mention charter operations as an allowed accessory use by name, a limited term permit
allows limited duration uses that might not meet the development or use standards of
the applicable planned community, but may be acceptable because of their temporary
or limited nature. Considering the small-scale and appointment-based character of the
charter boat proposal, operation would not function as a typical general public service
that may otherwise conflict with Balboa Bay Club uses. Additionally, introduction of the
temporary use will provide recreation options to guests of BBC, and residents and
visitors of Newport Beach, encouraging enhanced access to and usage of the bay.
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3. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with NBMC Section 21.52.015 (Findings and Decision), 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 MU-W 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 and visitor-serving uses. The proposed boat rental use is a coastal -
dependent use that requires access to the bay.
2. Reference Fact in Support of Finding E.2.
3. As demonstrated in Fact in Support of Finding D.1 of this resolution, required parking will
be satisfied through the shared arrangement. That being the case, public parking
availability for coastal access will not be affected by project implementation in
accordance with NBMC Section 21.40.110(A) (Impact to Coastal Access Prohibited.).
4. Landscaping is not proposed as a part of this project, and project approval will not
result in any construction or physical alterations to the site.
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. While the proposed site is located between the nearest public road and the sea or
shoreline, the project will not change or affect the public’s ability to gain access to, use,
and/or view the coast and nearby recreational facilities.
2. PC45 requires on-site public coastal access, provided by the site’s entrance off West
Coast Highway that links to a bay front walkway. The closest coastal public access
opportunity is located less than 245 feet northeast from the subject site at Kings Road
Park. The proposed dock and communal passenger loading dock to be used for by the
business are existing and no construction or physical alterations are proposed.
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Consequently, the proposal bears no impact on coastal access, views, or recreational
opportunities
3. The proposed charter boat operation will provide additional recreation options to residents
and visitors and encourage enhanced access to and usage of the bay.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) under Class 1
and Class 4, respectively, of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011, 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 in accordance with the provisions of NBMC Title 21 Local Coastal
Implementation Plan. 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 16th DAY OF APRIL, 2020.
_____________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. Parking shall maintain substantial conformance with Staff Approval No. SA2005-187.
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 Limited
Term Permit and/or Coastal Development Permit.
4. The Balboa Bay Club and the boat charter operation are to remain independent uses.
Food service or alcohol sales bayward of the property is prohibited.
5. The hours of operation for the charter boat operation shall be limited to 8 a.m. to 7 p.m.,
daily.
6. The designated slip shall be exclusively for the boat charter operation.
7. Outside storage for the boat charter operation shall be prohibited.
8. The existing dock system shall not be improved or otherwise modified without review
and approval from the City of Newport Beach and/or the California Coastal Commission,
including, but not limited to, the acquisition of a coastal development permit.
9. A marine activities permit (MAP) shall be obtained prior to operations.
10. Limited Term Permit No. XP2020-003 and Coastal Development Permit No. CD2020-011
shall expire unless exercised within 24 months from the date of approval as specified in
NBMC Section 20.54.060, unless an extension is otherwise granted.
11. This Limited Term Permit and Coastal Development 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.
12. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review by the Planning Division and may
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.
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13. This Limited Term Permit shall expire twelve (12) months from the issued date of the MAP
approval, unless an extension of up to one (1) additional period of twelve (12) months is
granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits
and Extensions). 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.
14. The hours of operation for the charter operation shall be limited to 8 a.m. to 7:00 p.m.,
daily, except that the boat rental operation shall be permitted to operate to later hours
with the prior approval of the Planning Division for up to ten (10) special occasions per
calendar year. Examples of special occasions include New Year’s Day, Valentine’s Day,
Mother’s Day, Christmas Boat Parade, etc.
15. All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 and other applicable noise control requirements of the NBMC. 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 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
16. 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.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. Trash receptacles for patrons shall be conveniently located to serve the charter boat
patrons, however, not located on or within any public property or right-of-way.
19. 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.
20. 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.
21. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
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compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
22. 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 Orange County Charters including, but not limited to, Limited Term Permit No.
XP2020-003 and Coastal Development Permit No. CD2020-011 (PA2020-022). 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.
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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Limited Term Permit No. XP2020-003 and Coastal
Development Permit No. CD2020-011
(PA2020-022)
1221 West Coast Highway
Subject Property
17
Attachment No. ZA 3
Applicant’s Project Description
18
Orange County Charters (dba for Tranquilo Bay, LLC) mailing address 3334 East
Coast Highway, 528, Corona Del Mar, CA 92625. Newport Beach business license
number BT30069835. Orange County Charters has applied for a Newport Marine
Activities Permit. Orange County Charters has been told by Matt Cosylion, Harbor
Department Code Enforcement Supervisor, that to get their Marine Activities Permit
that they must first apply for and get a Limited Term Permit for greater than 90
days but less than 366 days. To this end Orange County Charters has arranged for a
temporary, shared on-site parking arrangement with the Balboa Bay Club/Resort
for up to five parking spots for Orange County Charters. (see Balboa Bay Director of
Marina Operations Troy Heidemann's attached executed letter agreement dated
November 21, 2019 (one parking spot for every three guests)).
Orange County Charters will only offer reserved and paid for well in advance
Captained boat Charters on its 2005 Tiara 36 Open named 'Tranquilo'. Untied States
Coast Guard (U.S.C.G.) Official Documentation Number 1261098, Hull ID#
SSUR6075C505. The boat is 100% made in the U.S.A. and as such has the U.S.C.G.
Coastwise endorsement. (see the attached U.S.C.G. Documentation and the 2005
Tiara 36 Open brochure that contains full boat details). Tranquilo is a beautiful well
maintained expensive high end Tiara yacht. Orange County Charters anticipates
doing less than 30 Charters all year. The boat will be slipped at the Balboa Bay Club
located at 1221 West Coast Highway, Newport Beach, CA 92663 slip El. Orange
County Charters will pick up and drop off up to 12 passengers, usually way less, and
a Captain and occasionally a First Mate at the Dockmaster's office at the Balboa Bay
Club at the exact same address; 1221 West Coast Highway, Newport Beach, CA
92663. The Balboa Bay Club has and does this for other Charter boats. The distance
from its boat slip at the Balboa Bay Club to the guest pick up and drop off area is less
than 5 0 yards.
Guests will reserve and fully pay for the Charter well in advance of the day and time
of the Charter. There will be no walk up reservations for charters. And there will be
no bareboat Charters. All Charters must be reserved and paid for well in advance by
telephone or email well before the day of the Charter. There will be no Captain,
Crew, or boat available without a prior paid for reservation. No one will be on site
without an in advance fully paid reservation. Orange County Charters will then
reserve that day and time with the Balboa Bay Director of Marina Operations Troy
Heidemann. On the day and time reserved Orange County Charters' U.S.C.G. Captain
will move its Tiara 36 Open the less than 50 yards from the-slip to the designated
pick up and drop off area. The designated pick up and drop off area is the dock and
slip in front of the floating office for the Balboa Bay Director of Marina Operations
Troy Heidemann.
If any Guests or the Captain or occasionally the one crewmember arrive by their
own vehicles, they will Valet or Self Park their vehicles at the Balboa Bay Resort. The
Balboa Bay Resort has 494 parking spots (pursuant to their Use Permit looked up by
the City of Newport Beach Planning Technician Patrick Achis in the presence of the
applicant on January 24, 2020 and by the actual parking lot count by the applicant
PA2020-022
19
thereafter). The applicant has been told by various people at the location that this
large parking lot never sells out. The applicant also observed and prepared a ten
plus day parking survey. (see attached applicant parking survey). The parking lot
always had lots of empty and available parking spots. The Balboa Bay Director of
Marina Operations Troy Heidemann has stated that;
"I am the Director of Marina Operations at the Balboa Bay Club located at
1221 West Coast Highway, Newport Beach, CA 92663. I will allow Orange
County Charters one boat the 2005 Tiara 3600 Open named Tranquilo to
pick up and drop off up to 12 passengers and a Captain and crew member at
my facility. We have done this before for other charter boats for their City
Marine Activities Permit. Our parking lot is on our property as is our
dedicated boat dock for boat pick-ups and drop offs. There will always be
available up to five (5) car parking spots for this purpose for Tranquilo at our
parking structure. These guests can use our parking whenever we are open.
Our parking lot operates and is open 24 hours a day, 365 days a year. Our
parking lot is extremely secure and safe. We have 24/7 security 365 days a
year." (see his attached executed letter agreement dated November 21, 2019)
The Guests and the Captain and any crewmember will leave the facility after their
cruise concludes when they are dropped off. The guests will be notified by
telephone or email in advance to arrive at the time of their Charter and to leave after
their charter is over. The guests will also be reminded again by the Captain during
the Charter to leave after the Charter is over and they are dropped off. The pick up
and drop off area is less than 15 yards from the Valet and Self Park areas. Everything
for this Charter operation already exits on site. Absolutely no construction or
physical alterations are being made or needed or suggested.
The Charters will usually be on summer weekends during daylight hours. However,
the boat may be available for reserved in advance charters all year seven days a
week from approximately 8:30 a.m. until approximately 6:30 p.m. Occasionally,
there might be night charters, for example, during the Newport Beach Christmas
Boat parade which usually runs from 6 p.m. until 9 p.m. for five nights from about
December 18 to 22. And there may be night charters on other holidays and other
special occasions like the Fourth of July from about 6 p.m. until 10 p.m. and possibly
Valentine's Day, New Years Eve, Mother's Day, Memorial and Labor Day weekends,
etc.
Orange County Charters will provide absolutely no food, beverages or alcohol to its
passengers. The boat will do no more than one four to nine hour charter per day,
occasionally the boat may do two four hour charters in one day. Again, all Charters
will be reserved well in advance, there will be no walk up Charters. The Captain will
show local and out of town guests the beauty of Newport Harbor, Newport Coast
and the nearby Coastal Ocean sites of interest.
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Orange County Charters is an active member of the Newport Beach Chamber of
Commerce. ( see the attached recommendation letter from Steve Rosansky, Esq.,
President & C.E.O. of the Newport Beach Chamber of Commerce, Past Mayor, Past
Council Member and Past Harbor Master of Newport Beach). Orange County
Charters deeply respects Newport Beach. Orange County Charters will always clean
up after itself and its guests. It will personally take all garbage generated to proper
trash receptacles.
Orange County Charters will always maintain a peaceful, clean and very quiet
presence. Orange County Charters will not tolerate loud, abusive, obnoxious,
disrespectful, etc., guests, Captains or crew. Orange County Charters will never allow
loud noises or loud music on the boat anywhere in the Harbor. The U.S.C.G. Captains
approved by Orange County Charters control the stereo on the boat. It is not
amplified and it only has four small six inch speakers at the helm near the Captain.
There are no bow speakers. The Captain will always control the volume at all times.
No guests will ever have access to the volume. The stereo volume controller is only
at the helm station next to the Captain. The stereo volume is impossible to reach by
anyone else besides the Captain. Orange County Charters will not disturb any of its
neighbors or anyone in the Harbor. Orange County Charters will be very respectful
of all of Newport Beach.
PA2020-022
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Applicant Count of
Available/empty Parking Spots
At the Balboa Bay Resort
Total on site parking spaces 494 Empty Empty Empty Empty Empty
Date and Time Observed 9a.m. 11a.m. 2 p.m. 4p.m. 6p.m.
Friday January 24, 2020 298 311 333 319
Saturday January 25, 2020 301 288 296 310 308
Sunday January 26, 2020 322 298 288 297 309
Monday January 27, 2020 301 311 298 290 296
Tuesday January 28, 2020 298 287 299 286 292
Wednesday January 29, 2020 294 297 284 279 283
Thursday January 30, 2020 288 293 284 281 279
Friday January 31, 2020 281 276 272 276 273
Saturday February 1, 2020 274 279 278 281 277
Sunday February 2, 2020 273 283 289 281 279
Monday February 3, 2020 289 276 268 272 269
Tuesday February 4, 2020 273 278 274 278 273
PA2020-022
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Attachment No. ZA 4
Dock Plan
23
Passenger Pickup
Subject Dock Slip
24
April 16, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 8. Orange County Charters Limited Term Permit No. XP2020-003
and Coastal Development Permit No. CD2020-011 (PA2020-022)
The following comments are offered:
Hasn’t the name of facility existing on the City tidelands parcel that is the subject of this application
had changed from “Balboa Bay Club” to “Balboa Bay Resort”?
Regarding the request for parking, the second bullet on page 3 of the staff report appears to say
the Balboa Bay Resort is already under parked by 1 space. The applicant’s study of parking
availability “in late January and early February 2020” mentioned in the following bullet hardly adds
confidence as to the adequacy of parking on “summer weekends” when the applicant says most of
their use will take place.
I unable to fathom how the observation of a half empty lot in winter, and the fact that excursions
will take place by appointment, leads to the conclusion that a “negative parking impact is not
expected” in summer.
Nor do I see any condition of approval lending confidence to the applicant’s anticipation “that
patrons will rely on carpooling or ride-share services for transportation to the site.”
Zoning Administrator - April 16, 2020
Item No. 8a Additional Materials Received
Orange County Charters Limited Term Permit and CDP (PA2020-022)