HomeMy WebLinkAboutPC2019-030 - APPROVING CONDITIONAL USE PERMIT NO. UP2019-044 AND COASTAL DEVELOPMENT PERMIT NO. CD2019-036 FOR OFF-SITE PARKING LOCATED AT 2201 WEST COAST HIGHWAY, 2241RESOLUTION NO. PC2019-030
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2019-044 AND COASTAL
DEVELOPMENT PERMIT NO. CD2019-036 FOR OFF-SITE
PARKING LOCATED AT 2201 WEST COAST HIGHWAY, 2241
WEST COAST HIGHWAY, AND 798 DOVER DRIVE, TO
ACCOMMODATE TWO ADDITIONAL CHARTER BOAT VESSELS
LOCATED AT 2527 WEST COAST HIGHWAY (PA2019-143)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Hornblower Yachts, LLC ("Applicant"), with respect to the
subject property located at 2527 West Coast Highway, and legally described as a portion
of Lot H of Tract No. 919 ("Property") requesting approval of a conditional use permit and
coastal development permit.
2. The Applicant seeks a conditional use permit and coastal development permit for off-site
parking to allow the addition of two (2) charter vessels (Dream Maker and Hornblower) for
Hornblower Yachts with combined maximum of 192 passengers and crew ("Project"). The
dock is located at 2527 West Coast Highway and the off-site parking is located at Newport
Harbor Lutheran Church at 798 Dover Drive on weekdays and 2201 and 2241 West Coast
Highway during evenings and weekends.
3. The Property is designated MU-W1 (Mixed-Use Water Related) by the General Plan Land
Use Element and is located within the MU-W1 (Mixed-Use Water Related) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
MU-W (Mixed-Use Water Related) and it is located within the MU-W1 (Mixed-Use Water
Related) Coastal Zone District.
5. A public hearing was held on October 3, 2019, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
public hearing was given in accordance with California Government Code Section 54950
et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the Newport Beach
Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15323 under Class 23 (Normal Operations of Facilities for Public Gatherings) 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. Class 23
Planning Commission Resolution No. PC2019-030
Page 2 of 14
consists of the normal operations of existing facilities for public gatherings for which the
facilities were designed, where there is a past history of the facility being used for the same
or similar kind of purpose.
2. The Project provides assembly occupancy for large groups in the harbor. The Property
currently accommodates one (1) charter boat and the application request would add two
(2) additional charter vessels with a maximum combined 192 passengers and crew. The
off-site parking to accommodate the additional charter boat operation would not result in
any physical changes to existing improvements on the sites. The charter vessels currently
operate from 2431 West Coast Highway and there is no change to traffic or parking in the
Project area as the use is redistributed to the subject property and off-site lots. Therefore,
the proposed use for the charter boat operation and off-site parking qualifies for the Class
23 exemption.
SECTION 3. REQUIRED FINDINGS.
I. COASTAL DEVELOPMENT PERMIT
A coastal development permit is required to authorize additional intensity for the charter boat
operations and associated off-site parking in the Coastal Zone. In accordance with Section
21.52.01 S(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Project complies with applicable development standards including, but not limited
to, floor area limitation, setbacks, height, and parking.
01-25-19
a. The Project does not contribute towards the maximum floor area ratio for the
Property or off-site parking lot locations.
b. The off-site parking sites provide useable and feasible parking locations for
passengers to access the dock location in a safe and efficient manner. During the
weekday, limited operations will access the site via a shuttle service from 798
Dover Drive. On evenings and weekends, the off-site parking locations at 2201 and
2241 West Coast Highway are in close proximity (400-800 feet) to the dock where
passengers can walk to the dock for boarding in a safe manner without the need
to cross West Coast Highway.
c. The Project does not involve new infrastructure or physical improvements that
would be subject to development standards including height limits, floor area limits,
and setbacks. The docks have been previously improved and are physically
capable of accommodating the proposed two additional charter vessels on-site.
Planning Commission Resolution No. PC2019-030
Page 3 of 14
d. The Project requires one (1) parking space per three (3) passengers/crew.
e. Required parking for the addition of two (2) vessels with a combined maximum of
192 passengers/crew is sixty four (64) parking spaces. The Project includes the
use of three (3) off-site parking sites to accommodate the required parking spaces.
A total of seventy one (71) parking spaces are available at 2201 and 2241 West
Coast Highway during weekday evenings (5:30 p.m. to 10:00 p.m.) and all day on
weekends. A total of seventy five (75) to eighty five (85) parking spaces are
available all day on weekdays (Monday through Friday, excepting Thursdays) and
one hundred and twenty (120) parking spaces are available on Saturdays at 798
Dover Drive with five (5) days advance notice.
2. The Project is compatible with existing and proposed uses at the Property and will result
in a more efficient relocation of an existing use in the harbor. The Project does not result
in physical improvements that would add to the design, bulk, and scale of the
development in Mariners' Mile. Thus, the use and operation are consistent with the
existing neighborhood pattern of development and expected future development.
3. The Project location and off-site parking lots (798 Dover Drive, 2201 West Coast
Highway, and 2241 West Coast Highway) do not involve physical improvements or
construction to accommodate passenger/crew parking for the charter boat operation.
One (1) light post will be relocated on the 2241 West Coast Highway off-site parking
location to ensure an adequate and safe and American Disabilities Act (ADA) accessible
path of travel for pedestrians from the parking area to West Coast Highway.
4. The Property and off-site parking areas for evenings and weekends (2201 and 2241 West
Coast Highway) are adjacent to the harbor within 200 feet of coastal waters. The Project
design does not involve physical site improvements. The existing dock area is already
updated to accommodate the new vessels on-site and thus, on-site and/or off-site parking
area improvements are not necessary to improve drainage on-site.
Finding:
B. 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 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. The nearest vertical pedestrian access to the bay front is available approximately 75 feet
to the southeast on the adjacent property at 2505 West Coast Highway.
01-25-19
Planning Commission Resolution No. PC2019-030
Page 4 of 14
3. The nearest lateral access and views of the bay are accessible from 2751 West Coast
Highway via a six (6)-foot-wide pedestrian easement (approximately 600 feet northwest of
the Property) and 2505 West Coast Highway via a ten (10)-foot-wide pedestrian easement
(approximately 75 feet southeast of the Property).
4. The use provides publicly available access to the coast in Newport Harbor and out to the
Pacific Ocean. The off-site parking sites will make use of off-set parking demand for the
different uses and will thus not conflict with parking access within the coastal zone.
5. The closest public viewpoint is located above the Property to the northeast at John
Wayne Park. The Project is located entirely on private property and docks and will not
inhibit coastal views since no physical improvements are necessary to accommodate
the additional vessels. The Hornblower vessels are an existing charter boat operation
within Mariners' Mile in the harbor area. The charter boat vessel locations will not impact
coastal views.
6. The closest Coastal View Road is West Coast Highway, which is located to the north,
as designated in the Coastal Land Use Plan. Views from this vantage point are directed
toward the harbor, which is inland and south of West Coast Highway. The proposed
application results in the continuation and relocation of existing charter boat vessels in
the harbor. While the vessels associated with the charter boat operation would be moved
to a different location, the vessels in the harbor comprise of a component of typical
structures and uses expected to be located and seen in the harbor and on the water.
II. CONDITIONAL USE PERMIT
Pursuant to Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits, Findings
and Decision) of the NBMC, a conditional use permit is required to allow for off-site parking to
support the Project. In accordance with Section 20.52.020(F) (Conditional Use Permits and
Minor Use Permits, Findings and Decision) of the NBMC, the following findings and facts in
support of such findings are set forth:
Finding:
C. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The commercial building and related uses are consistent with MU-W1 (Mixed-Use Water
Related) General Plan land use designation. This land use applies to marine-related,
visitor-serving, commercial, and residential uses intermixed with buildings that provide
residential uses above the ground floor. Charter boat operations are considered marine-
related uses that are compatible and encouraged with permitted other commercial uses
in the Mariners' Mile area.
2. The Mariners' Mile Design Guidelines support the consolidation of parking facilities.
Policy 1.6 identifies the need to solve parking and distribution problems as a key to
01-25-19
Planning Commission Resolution No. PC2019-030
Page 5 of 14
revitalizing the district and ensuring healthy businesses in Mariners' Mile. The joint use
of parking facilities proposed by this use will help ensure a more efficient use of the
parking supply that is available in the area.
3. The Property is not located within a specific plan area.
Finding:
D. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Fact in Support of Finding:
1. The commercial building and related uses are consistent with the MU-W1 (Mixed-Use
Water Related) zoning district. This zoning district applies to waterfront properties along
the Mariners' Mile Corridor in which nonresidential uses and residential dwelling units
may be intermixed. A minimum of fifty (50) percent of the allowed square footage in a
mixed-use development shall be used for nonresidential uses in which marine-related
and visitor-serving land uses are mixed. Charter boat operations are permitted; marine-
related uses and associated off-site parking (a conditionally permitted use) are both
encouraged in Mariners' Mile.
Finding:
E. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. Adequate parking is provided for the charter vessels during all hours of operation as
designated in the parking management program. A minimum of sixty four (64) parking
spaces are required for the two (2) vessels and are provided at the off-site parking lots
located at 798 Dover Drive, 2201 West Coast Highway, and 2241 West Coast Highway.
2. The joint use of parking areas provides an opportunity to more efficiently utilize existing
parking supply available in the Mariners' Mile area. The operational conditions of
approval will ensure the safe and compatible use of the off-site parking areas to serve
passengers and crew and the other uses occupying the off-site parking locations.
3. Charter boat operations have existed at this site since 2004. The proposed expansion
of this use would add to this use as well as adequately accommodate parking and
passenger/crew access to the site. This is a relocated use from 2431 West Coast
Highway within Newport Harbor, and the use is compatible with other commercial uses
in Mariners' Mile. Marine-related uses such as charter boat operations are in furtherance
of priority uses identified in the City's Coastal Land Use Plan and the Coastal Act.
Finding:
01-25-19
Planning Commission Resolution No. PC2019-030
Page 6 of 14
F. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities are in
place to serve both the dock location, use, and off-site parking lots.
2. The design of the improvements are currently limited to the re-location of a light post at
the 2241 West Coast Highway parking lot. The new light post will comply with all
Building, Public Works, and Fire Codes.
3. The Building Division and Fire Department have reviewed the existing on-site dock
improvement plan and confirmed that the existing improvements are sufficient to
accommodate the proposed charter boat use and no upgrades are required.
4. The Project results in a parking requirement of sixty four (64) spaces to accommodate
a maximum of 192 passengers and crew at a time. Although the Property does not
provide the minimum number of off-street parking spaces on-site, sufficient off-site
parking will be provided pursuant to the parking management program to accommodate
the needs of vessel operations. The Applicant's parking management plan will ensure
that Hornblower staff can adequately direct passengers and crew to park in the
designated off-site parking locations for each individual charter vessel outing.
5. The parking management plan has been reviewed and approved by the Building
Division and the City's Traffic Engineer to ensure that the off-site parking sites provide
adequate American Disabilities Act ("ADA") accessible and pedestrian access from the
parking areas to the vessel docks. Given the proximity of the off-site parking areas, the
proposed parking management plan is a reasonable solution to accommodate the
vessels at the proposed dock location.
Finding:
G. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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 proposed use.
Facts in Support of Finding:
1. The Project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The operator is
required to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance within the facility, adjacent properties, or surrounding public areas,
sidewalks, or parking lots of the charter boat operations, during business hours, if directly
related to the passengers of the establishment.
01-25-19
Planning Commission Resolution No. PC2019-030
Page 7 of 14
2. The Project has been conditioned to ensure that the docks and parking areas are
adequate, safe, and easily accessible for passengers and crew of the charter boat
operations. One (1) light post at 2241 West Coast Highway will be relocated to ensure
a safe and accessible path of travel for pedestrians walking from parking areas to West
Coast Highway.
3. The Project is an existing use in the harbor and a similar vessel currently exists at the
Property. The designated off-site parking locations will provide a feasible and functional
parking solution that encourage the shared use of parking sites available in the area.
The two (2) West Coast Highway parking locations are accessible and walkable for
passengers and crew. The Dover Drive daytime off-site parking lot is accessible via a
shuttle service for specific charter vessel outings. The proposed use does not pose a
hazard to public convenience, health, interest, safety or general welfare to persons
residing or working in the Mariners' Mile neighborhood.
In accordance with Section 20.40.1 oo (Off-Site Parking) of the NBMC, the following findings and facts
in support of such findings are set forth:
Finding:
H. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
1. The Applicant has secured off-site parking supply for seventy five (75) to eighty five (85)
parking spaces at 798 Dover Drive for weekday (except Thursdays) and Saturday charter
boat operations (one hundred twenty (120) spaces). This off-site parking supply is located
approximately 1.5 miles northeast of the dock location. Passengers will be instructed to
park at this site when booking and a shuttle service will provide close and convenient
access to the dock location.
2. The Applicant has secured off-site parking authorization for seventy one (71) parking
spaces at 2201 and 2241 West Coast Highway for evenings after 5:30 p.m. and
weekends. The lots are conveniently located on the south side of West Coast Highway,
approximately 400 to 800 feet east of the dock location.
Finding:
I. On-street parking is not being counted towards meeting parking requirement.
Fact in Support of Finding:
01-25-19
Planning Commission Resolution No. PC2019-030
Page 8 of 14
1. On-site parking and on-street parking are not being counted towards meeting the
parking requirement. Adequate parking is available for the charter boat operation
through the use of off-site parking supplies that coordinate peak hour demand with other
uses in the area.
Finding:
J. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. Signage will be provided on-site and at the off-site parking lots to designate the
availability of the off-site parking lots for charter boat passengers.
2. The use of the off-site parking reduces any congestion created by charter boat
passengers looking for parking and ensures greater usage and efficiency of the off-site
parking facilities. Motor coaches for passengers are prohibited from loading/unloading
at West Coast Highway and can utilize the off-site parking sites to load and unload
passengers.
3. The City Traffic Engineer has found circulation and access for the three (3) off-site
parking locations to be adequate.
4. The off-site parking lot for evenings/weekends (2201 and 2241 West Coast Highway) is
located in close proximity and on the same side of West Coast Highway as the subject
property. This will prevent the need for passengers to cross West Coast Highway as
they walk to the dock site.
Finding:
K. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
Facts in Support of Finding:
1. The property owner of 798 Dover Drive will be required to record a parking agreement
that allows for the use of a minimum of sixty four (64) parking spaces. The agreement
must be approved by the Community Development Director and City Attorney and
recorded with the County Recorder.
2. The off-site parking locations at 2201 and 2241 West Coast Highway are owned in
common with the subject property at 2527 West Coast Highway. Should any of these
properties be transferred or sold, the new property owner will be required to record a
parking agreement for a minimum of sixty four (64) parking spaces. The agreement must
be approved by the Community Development Director and City Attorney and recorded
with the County Recorder.
01-25-19
Planning Commission Resolution No. PC2019-030
Page 9 of 14
3. Signage will be provided at the off-site parking lots to designate the availability of the
off-site parking lots for passengers.
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, the Planning Commission must consider the following conditions to authorize off-site
parking sites with differing peak supply hours:
1. The most remote space is located within a convenient distance to the use it is intended
to serve;
2. The amount of reduction is no greater than the number of spaces required for the least
intensive of the uses sharing the parking;
3. The probable long-term occupancy of the structures, based on their design, will not
generate additional parking demand;
4. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that there is no conflict in the peak parking demand for the uses
proposing to make joint use of the parking facilities;
5. The property owners involved in the joint use of parking facilities shall record a parking
agreement approved by the Director and City Attorney. The agreement shall be
recorded with the County Recorder, and a copy shall be filed with the Department; and
6. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Facts in Support of Conditions:
1. The proposed off-site parking locations at 2201 and 2241 West Coast Highway are
located approximately 400 to 800 feet from the dock location on the same southerly side
of West Coast Highway. Passengers and crew will be able to easily walk to the dock site
from a safe and accessible parking location without crossing West Coast Highway. The
peak demand for the proposed vessels, Dream Maker and Hornblower, occurs on
evenings and weekends and this parking supply ensures that sufficient, accessible, and
efficient parking will be available for charter boat operations when other businesses that
utilize these parking areas are closed or have surplus parking available.
2. The proposed off-site parking location at 798 Dover Drive (Newport Harbor Lutheran
Church) is approximately 1.5 miles from the dock location. Passengers and crew will be
directed to park at this location upon booking and shuttle service would be provided for
safe and convenient access to the dock site. A shuttle circulation plan is provided in the
Project plans. The property owner of the off-site lot requires five (5) days advance notice
for use of this parking area. This parking supply would serve as a back-up parking
location since peak demand occurs on evenings and weekends when the two (2) West
Coast Highway off-site parking lots would be available. The property owners involved in
the joint use of this parking facility will be required to record a parking agreement for use
of this lot as required by the Zoning Code.
3. The off-site parking agreements for the off-site parking sites consider the probable long-
term occupancy, potential development, and availability of the parking supply on these
01-25-19
Planning Commission Resolution No. PC2019-030
Page 10 of 14
sites. The Applicant has provided sufficient data to demonstrate that the proposed uses
will operate in a way that will not conflict with peak parking demand for existing land
uses of the off-site lots. A parking management plan has been prepared in accordance
with the requirements of the Zoning Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds that the Project is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15323 under Class 23 (Normal
Operations of Facilities for Public Gatherings) 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 Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2019-044 and Coastal Development Permit No. CD2019-036, subject to the
conditions set forth in Exhibit "A," which is attach ed he reto 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 Title 20, Planning and Zoning,
and 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 3Ro DAY OF OCTOBER, 2019.
AYES: Klaustermeier, Koetting, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT: Ellmore, Kleiman, Lowrey
01 -25-19
PLANNING DIVISION
Planning Commission Resolution No. PC2019-030
Page 11 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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
Conditional Use Permit.
4. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
5. Conditional Use Permit No. UP2019-044 and Coastal Development Permit No. CD2019-
036 shall expire unless exercised within 24 months from the date of approval as specified
in Section 20.91.050 and 21.54.060 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
6. This Conditional Use Permit and Coastal Development Permit may be modified or
revoked by the Planning Commission should they determine that the proposed uses or
conditions under which it is being operated or maintained is detrimental to the public
health, welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
8. 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.
9. The combined passenger/crew count for Hornblower and Dream Maker vessels shall
not exceed 192 passengers and crew at any given time.
10. A minimum of sixty four (64) off-site parking spaces shall be made available for charter
boat operations for Dream Maker and Hornblower vessels at 798 Dover Drive
01-25-19
Planning Commission Resolution No. PC2019-030
Page 12 of 14
(weekdays, except Thursdays) or 2201 and 2241 West Coast Highway (evenings after
6:00 p.m. and weekends).
11. Charter boat operations are not permitted on Thursdays before 5:30 p.m., unless
sufficient alternative off-site parking can be acquired. Use of an alternative site is at the
discretion of the Community Development Director.
12. Hornblower and Dream Maker passengers shall be directed to utilize the off-site parking
supply available at 2201 and 2241 West Coast Highway after 5:30 p.m. on weekdays and
all day on weekends.
13. Motorcoach (bus) loading, unloading, and parking shall be prohibited on West Coast
Highway.
14. Prior to the initiation of permanent charter boat operations allowed by this conditional use
permit and coastal development permit at 2527 West Coast Highway for Dream Maker
and Hornblower, an off-site parking agreement, approved as to form by the City
Attorney's Office, shall be recorded. The City, Applicant, and property owner of 798
Dover Drive shall be a party to the agreement. The agreement shall guarantee that a
minimum of sixty four (64) parking spaces shall be provided at 798 Dover Drive for the
duration of charter boat operations for Dream Maker and Hornblower vessels docked at
2527 West Coast Highway. In the event that the use of the off-street automobile parking
spaces provided for in the agreement are lost for any reason, the Applicant shall notify
the Community Development Director 30 days prior to the loss of the parking spaces.
Upon notification that the agreements for the required off-site parking has terminated,
the Director shall establish a reasonable time in which one of the following shall occur:
( a) substitute parking is provided that is acceptable to the Director,· (b) the size or
capacity of the use is reduced in proportion to the parking spaces lost; or (c) the
Applicant submits to the Director a new or amended Off-Site Parking Agreement, giving
the applicant the use of at least the same number of parking spaces.
15. Prior to the initiation of permanent charter boat operations allowed by this conditional use
permit and coastal development permit at 2527 West Coast Highway for Dream Maker
and Hornblower, an off-site parking agreement, approved as to form by the City
Attorney's Office, shall be recorded. The City, applicant, and property owner of 2201
West Coast Highway and 2241 West Coast Highway shall be a party to the agreement.
The agreement shall guarantee that a minimum of sixty four (64) parking spaces shall
be provided at 2201 West Coast Highway and 2241 West Coast Highway for the
duration of charter boat operations for Dream Maker and Hornblower vessels docked at
2527 West Coast Highway. In the event that the use of the off-street automobile parking
spaces provided for in common with the Property at 2527 West Coast Highway. the
agreement are lost for any reason, the applicant shall notify the Community
Development Director 30 days prior to the loss of the parking spaces. Upon notification
that the agreements for the required off-site parking has terminated, the Director shall
establish a reasonable time in which one of the following shall occur: ( a) Substitute
parking is provided that is acceptable to the Director,· (b) The size or capacity of the use
is reduced in proportion to the parking spaces lost; (c) The applicant submits to the
01-25-19
Planning Commission Resolution No. PC2019-030
Page 13 of 14
Director a new or amended Off-Site Parking Agreement, giving the applicant the use of
at least the same number of parking spaces
16. Should any of these properties be transferred or sold, the new property owner shall be
required to record a parking agreement for a minimum of sixty four (64) parking spaces.
The agreement must be approved by the Community Development Director and City
Attorney and recorded with the County Recorder.
17. 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.
18. Prior to the initiation of permanent charter boat operations at 2527 West Coast Highway
for Dream Maker and Hornblower, the Applicant shall provide signage on-site and at the
off-site parking sites identifying the availability of parking at the off-site parking lots in
locations acceptable to the Planning Division.
19. 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.
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
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 Hornblower Off-Site Parking including, but not limited to, Conditional Use
Permit No. UP2019-044 and Coastal Development Permit No. CD2019-036 (PA2019-
143). 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.
01-25-19
FIRE DEPARTMENT
Planning Commission Resolution No. PC2019-030
Page 14 of 14
23. Multiple berthing shall be prohibited as per Newport Beach Fire Department Guideline
A. 10. As per Guideline A. 10, "Each berth shall be arranged such that a boat occupying
the berth can be removed in an emergency without the necessity of moving other boats."
BUILDING DIVISION
24. 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.
25. Prior to the initiation of permanent charter boat operations at 2527 West Coast Highway
for Dream Maker and Hornblower, the streetlight within the parking area at 2241 West
Coast Highway shall be relocated so that it does not obstruct ADA accessibility for
passenger/crew pedestrian access to West Coast Highway.
26. Required parking areas shall provide the required van accessible and standard accessible
stalls in accordance with Section 11 B-208. 2 & 3 of the California Building Code.
27. Accessible routes shall be provided from accessible parking stalls in the off-site parking
areas to the public right-of-way in accordance with Section 11 B-206.2 of the California
Building Code. Paths of travel shall not require someone to travel behind parking spaces
other than to pass behind the parking spaces in which they parked, or to travel within drive
aisles in accordance with Section 11 B-206 & 11 B-502. 7. 1 of the California Building Code.
PUBLIC WORKS DEPARTMENT
28. The Applicant shall provide an updated parking layout for each of the off-site parking
lots to the satisfaction of the City Traffic Engineer.
01-25-19