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Home My WebLink About20191003_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 3, 2019 Agenda Item No. 3 SUBJECT:Hornblower Off-Site Parking (PA2019-143) Conditional Use Permit No. UP2019-044 Coastal Development Permit No. CD2019-036 SITE LOCATION:2527 West Coast Highway APPLICANT:Hornblower Yachts, LLC OWNER:2523 PCH Properties, LLC PLANNER:Makana Nova, Associate Planner 949-644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A conditional use permit and coastal development permit to allow the addition of two charter boat vessels for Hornblower Yachts with up to 192 combined passengers/crew located at 2527 West Coast Highway. The application includes with the use of off-site parking located at Newport Harbor Lutheran Church at 798 Dover Drive on weekdays and 2201 and 2241 West Coast Highway during evenings and weekends. The applications consider the appropriateness of the off-site parking lots and the shared use of required parking lots through off-set hours. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project 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, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2019-030 approving Conditional Use Permit No. UP2019- 044 and Coastal Development Permit No. CD2019-036 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W1 (Mixed-Use Water Related) MU-W1 (Mixed-Use Water Related) Retail, Yacht Club, charter boat operations NORTH MU-H1 (Mixed-Use Horizontal) MU-MM (Mixed-Use Mariners’ Mile) Retail, Marine-related Uses, Boutique Auto Sales SOUTH N/A N/A Newport Harbor EAST MU-W1 (Mixed-Use Water Related) MU-W1 (Mixed-Use Water Related) Retail, Marine-related uses WEST MU-W1 (Mixed-Use Water Related) MU-W1 (Mixed-Use Water Related) Retail Subject Property Off-site Parking 1 Off-site Parking 2 3 INTENTIONALLY BLANK PAGE4 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 3 INTRODUCTION Project Setting The dock site at 2527 West Coast Highway is a waterfront property consisting of two parcels adjacent to Newport Harbor on the south side of West Coast Highway within the Mariners’ Mile area. The property is a narrow and deep and is approximately 23,900 square feet in area. The site is improved with three freestanding buildings, totaling approximately 7,440 square feet in area. The two existing buildings fronting West Coast Highway are presently occupied by retail commercial and office businesses with business hours from 9:00 a.m. to 5:00 p.m., Monday through Friday. The remaining two-story building located at the rear of the property is occupied by an event space operated by Waterfront Occasions (nonconforming conditionally permitted use). This location was previously occupied by a yacht club without a use permit and thus the operation of the event space is a continuation of a nonconforming use. A surface parking area containing 43 parking spaces in a tandem configuration serves the uses on-site. The existing boat slips were reconfigured in 2007 with three boat slips for larger yachts, which can accommodate the proposed vessels. Surrounding uses include retail, boutique vehicle sales, and marine-related boat sales to the north across West Coast Highway, Newport Bay to the south, and existing retail and marine-related development to the east and west. The off-site parking lot at 798 Dover Drive is the site of the Newport Harbor Lutheran Church. The off-site parking lots at 2201 West Coast Highway and 2241 West Coast Highway are currently developed and utilized for retail (A’maree’s) and marine-related offices, which operate Monday through Saturday and close by 6:00 p.m. Existing On-Site Uses and Parking – Dock Location The existing permitted uses on-site consist of retail commercial and office tenants, Charter Yachts of Newport Beach, and Waterfront Occasions. Additionally, on December 9, 2004, the Planning Commission approved Off-Site Parking Agreement No. OP2004-002 and Modification Permit No. MD2004-067, authorizing the existing charter boat operation (Icon) to operate from the boat dock at the project site. Icon utilizes a combination of on- site parking and off-site parking at 2436 West Coast Highway and 2530 West Coast Highway. These existing permitted uses utilize a combination of all of the available on-site parking and off-site parking locations as shown in Table 1. The retail/office uses the available on-site parking by day and Waterfront Occasions and Bayport Yachts use the on- site and off-site parking sites primarily during evenings and weekends. 5 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 4 Table 1 – Existing On-Site Uses Type of Business Hours of Operation Subject Property Charter Yachts of Newport Beach (Icon) M-F: 6:00 p.m. - 10:00 p.m., S and S: 12:00 p.m. - 4:00 p.m. and 6:00 p.m. - 10:00 p.m. Waterfront Occasions M-F: 5:30 p.m. - 11:00 p.m., S and S: 11:00 a.m. - 11:00 p.m. On-site Commercial Tenants - 2523 through 2527 West Coast Highway M-F: 9:00 a.m. - 5:00 p.m. Off-site Properties (Parking for Charter Yachts – Icon) Coldwell Banker - 2436 West Coast Highway M-F: 8:00 a.m. - 5:00 p.m. Bayport Yachts Inc. - 2530 West Coast Highway M-Sat.: 9:00 a.m. - 5:00 p.m., Sun.: 12:00 p.m. - 5:00 p.m. On July 15, 2019, the Zoning Administrator approved a Limited Term Permit authorizing the proposed vessels, Dream Maker and Hornblower, to operate at 2527 West Coast Highway during evenings (after 6:00 p.m.) and weekends through October 13, 2019. Off- site parking under the limited term permit is provided at 2201 and 2241 West Coast Highway. To date, no negative effects have resulted from the usage of these off-site parking locations for charter vessel operations. Project Description The applicant, Hornblower Yachts, LLC, is requesting the relocation of charter boat operations from 2431 West Coast Highway on a permanent basis to accommodate two additional vessels, Dream Maker (141 passengers/crew) and Hornblower (51 passengers/crew) for up to 192 additional passengers/crew at 2527 West Coast Highway. Administrative functions for Hornblower Yachts operate at 2431 West Coast Highway from 8:00 a.m. to 5:30 p.m. Monday through Friday. The applicant’s project description is provided as Attachment No. PC 3. Hornblower Yachts proposes to offer limited charter operations during the weekdays with off-site parking proposed at Newport Harbor Lutheran Church located at 798 Dover Drive. This parking area provides a supply of 75 to 85 spaces, Monday through Friday (except Thursdays) and 120 spaces on Saturdays. Passengers and crew will access the boat dock site via a shuttle service. The bulk of Hornblower Yacht’s charter operations occur on evenings (after 5:30 p.m.) and on weekends. The primary parking supply during these times is proposed at 2201 West Coast Highway (45 spaces) and 2241 West Coast Highway (26 spaces) for a total of 71 parking spaces. 6 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 5 Hornblower Yachts typically notifies their passengers about the availability and location of parking upon booking. Once passengers arrive at the parking site, they are further directed by signage and Hornblower Yachts staff of the appropriate parking locations. Charter operations typically leave at a designated time period so ongoing shuttle service is not necessary throughout the day and passengers can be informed to arrive early to catch the shuttle to the dock location. Separate fees for parking are typically not charged to passengers. Shuttle costs may be wrapped into the booking fees for charter operations if necessary. A marine activities permit (MAP) is required and has been obtained from the Harbor Department, which is required to authorize the charter boat uses in the harbor. No discretionary planning approvals are required for the charter boat itself. However, a conditional use permit and coastal development permit are necessary to authorize the required parking at an off-site location for the addition of the two vessels. DISCUSSION General Plan/Zoning Code/Coastal Land Use Plan/Local Coastal Program The General Plan Land Use and Zoning Code are designated for MU-W1 (Mixed-Use Water Related). This land use designation applies to marine-related, visitor-serving, commercial, and residential uses intermixed with buildings that provide residential uses above the ground floor. The zoning district applies to waterfront properties along the Mariners’ Mile Corridor in which nonresidential uses and residential dwelling units may be intermixed. The Coastal Land Use Plan designates the site for MU-W (Mixed-Use Water Related), which allows for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses and visitor- serving uses, as well as allows for the development of mixed-use structures with residential uses above the ground floor. The site is within the MU-W1 Coastal zoning district that applies to waterfront properties along the Mariners’ Mile corridor in which nonresidential uses and residential dwelling units may be intermixed. The existing on-site retail and marine-related uses and the proposed charter boat operations are consistent with marine-related land uses encouraged within these applicable land use designations and zoning districts. Parking Requirement The Zoning Code requires one parking space per three passengers and crew for charter boat operations. Table 2 details the parking requirement for each proposed vessel. A total of 64 parking spaces are required to accommodate a maximum of 192 passengers and crew. 7 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 6 Table 2 – Hornblower Yachts Required Parking Hornblower Yachts Vessel Passengers/Crew Parking Rate Required Parking Dream Maker 141 1 space / 3 passengers/crew 47 Hornblower 51 17 Total 192 64 The applicant has secured a parking agreement with Newport Harbor Lutheran Church at 798 Dover Drive for the use of 75 to 85 parking spaces of the 163-space site on weekdays (except Thursdays) and up to 120 parking spaces on Saturdays. The agreement letter (Attachment No. PC 4) requires the applicant to provide advance notice of at least five days in order to utilize this parking supply. The applicant has also entered into parking agreements with 2201 West Coast Highway and 2241 West Coast Highway for 71 parking spaces where there is a supply of 114 spaces available. The two properties at 2201 West Coast Highway and 2241 West Coast Highway and the dock location at 2527 Coast Highway are owned by the same owner (Manouch Moshayedi). Parking at those locations is available on weekdays (Monday through Friday) after 5:30 p.m. and on weekends (Saturday and Sunday). Table 3-Off-Site Parking Availability Off-Site Parking Site Parking Available Hours 2201 West Coast Highway 45 Monday-Friday: 5:30 p.m. to 10:00 p.m., Saturday and Sunday: all day 2241 West Coast Highway 26 Monday-Friday: 5:30 p.m. to 10:00 p.m., Saturday and Sunday: all day 798 Dover Drive 75-85 Monday-Friday (except Thursday): all day, Saturday and Sunday: all day 120 Saturday and Sunday: all day As a result parking supply of at least 64 parking spaces is available for both day and evening uses to serve the proposed vessels (with the exceptions of Thursdays before 5:30 p.m.). In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code (NBMC), the Planning Commission must make the following findings to authorize off-site parking locations: 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On-street parking is not being counted towards meeting parking requirements; 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 8 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 7 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. The three proposed off-site parking areas are located at a safe and convenient distance from the dock site for passengers and crew to access on-foot or via Hornblower Yacht’s provided shuttle service. On-site parking and on-street parking are not being counted towards meeting the parking requirement for the proposed use. Adequate parking is available for the charter boat operation through the use of off-site parking locations that coordinate peak hour demand with other uses in the area. 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. The use of the off-site parking reduces any congestion created by charter boat passengers looking for parking along West Coast Highway and ensures greater usage and efficiency of the off-site parking facilities. The City Traffic Engineer has found circulation and access for the off-site parking locations to be adequate. The off-site parking lot for evenings/weekends (2201 and 2241 West Coast Highway) is located in close proximity and is 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. The property owners of the off-site parking lots will be required to record a parking agreement for a minimum of 64 parking spaces. The agreements must be approved by the Community Development Department Director and City Attorney and recorded with the County Recorder. If the off-site parking supply is lost for any reason, the parking supply would need to be replaced at another convenient location, subject to the Community Development Director’s approval or the use would need to be limited during the hours when this parking supply is needed. Joint Use of Parking Facilities In accordance with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements), 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; 9 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 8 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). The proposed off-site parking locations at 2201 and 2241 West Coast Highway are located approximately 400 to 800 feet from the dock location and on the same southerly side of West Coast Highway. Passengers and crew will be able to safely and easily walk to the dock site 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. 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 (Attachment No. PC 6). The property owner of this off-site lot requires five days advance notice for use of this parking area. This parking site would serve as a back- up parking location since peak demand occurs on evenings and weekends when the other off-site parking sites along West Coast Highway would be available. The property owners involved in the joint use of parking facilities will be required to record a parking agreement for use of this lot as required by the Zoning Code conditions. The off-site parking agreements for these parking supply areas considers the probable long-term occupancy, potential development, and availability of the parking supply on these sites. A parking management plan has been prepared in accordance with the requirements of the Zoning Code (Attachment No. PC 5). The applicant has provided sufficient data in the parking management plan to demonstrate that the proposed uses will operate with off-set hours in a way that will not conflict with peak parking demand for existing users of the off-site lots. Conditional Use Permit Pursuant to Section 20.52.020.F (Findings and Decision) of the NBMC, the Planning Commission must make the following findings in order to approve a conditional use permit: 10 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 9 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. 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; and 5. 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. The charter boat operations and off-site parking are consistent with marine-related uses that are encouraged in the MU-W1 General Plan land use designation and MU-W1 zoning district. The proposed off-site parking areas are available during the hours of operation for the vessels and use of the off-site lots are generally compatible with the other commercial uses located in Mariners’ Mile. The design of the off-site lots provide safe, convenient, and efficient parking sites to accommodate the proposed vessels docked at 2527 West Coast Highway. The proposed use has been conditioned to ensure the adequate availability of parking to serve the charter boat operations. Since parking is not available on Thursdays before 5:30 p.m., the use has been conditioned to operate outside of these hours of operation unless an alternative and feasible off-site parking location can be acquired to the satisfaction of the Community Development Director. Further, a condition of approval is included that requires a parking area light post to be relocated within the Americans with Disabilities Act (ADA) pathway at 2241 West Coast Highway to ensure a safe path of travel for pedestrians from parking areas to the right-of-way at West Coast Highway. Finally, the project has been conditioned to prohibit motor coach loading and unloading in the right-of-way along West Coast Highway. Coastal Development Permit The proposed development involves additional intensity of use on a site located within the Coastal Zone. A coastal development permit is required and the project is not eligible for a waiver for de minimis development because the property and two of the off-site lots are located within the Coastal Commission appeal jurisdiction. In accordance with Section 21.52.015 (Coastal Development Permits), the Planning Commission must make the following findings in order to approve a coastal development permit. 11 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 10 1. Conforms to all applicable sections of the certified Local Coastal Program; 2. 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. The proposed development conforms to all development standards for the MU-W1 (Mixed- Use Water Related) Zoning district as provided in the Zoning Code (Title 20) and the Local Coastal Program (Title 21). The project has also been analyzed for conformance with the applicable sections of the certified Local Coastal Program. The charter boat operation and off-site parking is compatible with existing and proposed uses and will appear as a cohesive and more efficient relocation of an existing use in the harbor. The proposed use does not result in physical improvements that would add to the design, bulk, and scale of the development in Mariners’ Mile or the off-site parking locations. Thus, the use and operation are consistent with the existing neighborhood pattern of development and expected future development. The existing dock is already updated to accommodate the new vessels. No alterations to the on-site or off-site parking lots are necessary or proposed. The project is located between the nearest public road and the sea or shoreline; it will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. The nearest vertical pedestrian access to the bay front is available on the adjacent southeast property at 2505 West Coast Highway. The nearest lateral access and views of the bay are accessible from 2751 West Coast Highway via a 6-foot-wide pedestrian easement and 2505 West Coast Highway via a 10-foot-wide pedestrian easement; thus, public access to Newport Harbor is provided in the vicinity. The closest designated public viewpoint is located above the property to the northeast at John Wayne Park. The project is located entirely on private property and vessels do not inhibit coastal views and no changes are proposed at this time. Hornblower Yachts are an existing charter boat operation within Mariners’ Mile in the harbor area and the relocated vessels will not impact coastal views because 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. 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. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). 12 Hornblower Off-Site Parking (PA2019-143) Planning Commission, October 3, 2019 Page 11 Environmental Review 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, Chapter 3, because it has no potential to have a significant effect on the environment. Class 23 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. The proposed charter boat operation provides assembly occupancy for large groups in the harbor. The dock site at 2527 West Coast Highway currently accommodates one charter boat and the application request would add two additional charter vessels with a combined maximum capacity of 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 at those sites. The charter vessels currently operate from 2431 West Coast Highway and there is no change to traffic or parking in the area as the use is redistributed to the subject property and off-site lots. Therefore, the proposed use for the charter boat operation qualifies for the Class 23 exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and occupants of properties within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Applicant’s Project Description PC 4 798 Dover Drive Parking Authorization Letter PC 5 Parking Management Plan PC 6 Project Plans (Dock Plan for Reference) 13 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution with Findings and Conditions 15 INTENTIONALLY BLANK PAGE16 RESOLUTION 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 Chapter 20.62 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 17 Planning Commission Resolution No. PC2019-030 Page 2 of 15 01-25-19 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 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: 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. 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. 18 Planning Commission Resolution No. PC2019-030 Page 3 of 15 01-25-19 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. 19 Planning Commission Resolution No. PC2019-030 Page 4 of 15 01-25-19 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 north 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 20 Planning Commission Resolution No. PC2019-030 Page 5 of 15 01-25-19 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. 21 Planning Commission Resolution No. PC2019-030 Page 6 of 15 01-25-19 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: 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. 22 Planning Commission Resolution No. PC2019-030 Page 7 of 15 01-25-19 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. 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 23 Planning Commission Resolution No. PC2019-030 Page 8 of 15 01-25-19 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 20.40.100 (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 weekend 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: 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. 24 Planning Commission Resolution No. PC2019-030 Page 9 of 15 01-25-19 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. 3. Signage will be provided at the off-site parking lots to designate the availability of the off-site parking lots for passengers. 25 Planning Commission Resolution No. PC2019-030 Page 10 of 15 01-25-19 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 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. 26 Planning Commission Resolution No. PC2019-030 Page 11 of 15 01-25-19 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 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 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 3RD DAY OF OCTOBER, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 27 Planning Commission Resolution No. PC2019-030 Page 12 of 15 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING DIVISION 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 28 Planning Commission Resolution No. PC2019-030 Page 13 of 15 01-25-19 (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 29 Planning Commission Resolution No. PC2019-030 Page 14 of 15 01-25-19 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. 30 Planning Commission Resolution No. PC2019-030 Page 15 of 15 01-25-19 FIRE DEPARTMENT 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 11B-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 11B-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 11B-206 & 11B-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. 31 INTENTIONALLY BLANK PAGE32 Attachment No. PC 2 Draft Resolution for Denial 33 INTENTIONALLY BLANK PAGE34 RESOLUTION NO. PC2019-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING 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 a 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 hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 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. Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, projects which a public agency rejects or disapproves are not subject to CEQA review. 35 Planning Commission Resolution No. PC2019-030 Page 2 of 3 01-25-19 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.40.100 (Off-Site Parking) of the NBMC, off-site parking requires the approval of a conditional use permit. The Planning Commission may approve a use permit only after making each of the five (5) required findings set forth in Section 20.52.020.F (Findings and Decision) of the NBMC. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed conditional use permit for off-site parking is inconsistent with the legislative intent of Title 20 and Title 21 of the NBMC because insufficient parking consistent with Chapters 20.40 and 21.40 is provided. 2. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. 3. The Property is not physically suitable in terms of design, location, shape, size, and operating characteristics because the Property does not provide on-site parking to accommodate the proposed use. The Planning Commission does not consider the existing docks and charter boat operations on the Property a unique circumstance resulting in any necessity to warrant approval for off-site parking through the approval of a parking management program. The parking management program does not sufficiently control and provide convenient off-site parking to serve the use the use and as a result parking along Mariners’ Mile in the coastal zone could be impact the publics ability to access the waterfront. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2019-044 and Coastal Development Permit No. CD2019-036. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 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. 36 Planning Commission Resolution No. PC2019-030 Page 3 of 3 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF OCTOBER, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 37 INTENTIONALLY BLANK PAGE38 Attachment No. PC 3 Applicant’s Project Description 39 INTENTIONALLY BLANK PAGE40 Hornblower Cruises & Events, Newport Beach Project Description Background Hornblower Cruises & Events (Hornblower) is a well-known, popular visitor and community serving amenity in Newport Beach. As a company, for 39 years, Hornblower’s yachts have sailed past famed landmarks while serving seven California cities and New York City. In addition to dining cruises and classic, scenic, city and wildlife tours, Hornblower Cruises & Events hosts holiday dining cruises and private charters for corporate, school and family groups. Whether an intimate anniversary celebration, a wedding ceremony, a teambuilding event or a birthday bash, Hornblower's professional event planners help clients navigate every detail. Since 1990 Hornblower has offered these same services in Newport Beach. Request Hornblower operates cruises from Charter Yachts at 2527 W. Coast Highway. They are requesting a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to operate the vessels detailed below from 2527 W. Coast Hwy. This request follows the City of Newport Beach Zoning Administrator approval of a Limited Term Permit on July 15, 2019 - Limited Term Permit No. XP2019-006. This request represents a relocation of two boats (Hornblower and Dream Maker) from Hornblower’s other Newport locations to 2527 W. Coast Hwy and continues the ongoing operations Hornblower has in Newport Beach. A detailed operational plan for Hornblower and Dream Maker, including dock layouts and additional parking/rider data, is provided as an attachment. This operational plan includes the existing and proposed hours of operation, staffing and guests, building and boat capacities, modes of transportation (including average vehicle occupancy), and parking characteristics (supply and demand). Typical hours of operation for office and administrative functions are 8:00 a.m. to 5:30 p.m., Monday–Friday. Events (cruises, tours, parties, and private charters) occur Monday–Sunday, with the majority occurring during the weekday nights and on the weekends. The proposed vessels have the following capacities: x Dream Maker (141 passengers/crew) x Hornblower (51 passengers/crew The existing 2527 W. Coast Highway site has a 40-space parking lot. In addition, Hornblower can utilize various off-site locations in the project vicinity. The operational plan provides a graphic that depicts the two proposed parking locations for Dream Maker and Hornblower. The total 71-space parking supply is summarized below by location and time of day. x 2241 W. Coast Highway (26 spaces): Monday-Friday (after 5:30 p.m.) and Saturday-Sunday (all day) 41 o There are seven handicap spaces, two are van accessible o There is a light standard in the path of travel to the public sidewalk along W. Coast Highway – we propose relocating this as a condition of approval to a location approved by Public Works x 2201 W. Coast Highway (45 spaces): Monday-Friday (after 5:30 p.m.) and Saturday-Sunday (all day) Upon arrival from off-site parking, guests arrive at 2527 W. Coast Highway, and exhibit 1 shows the ADA Accessible path of travel to the vessels – it is marked on the pavement. Weekday parking may be accommodated at the Newport Harbor Lutheran Church with a five-day advance notice. The following parking space supply is available at the Church: x 798 Dover Dr. (75 spaces): Monday – Wednesday and Friday (all day) and Saturday (120 spaces all day) Guests are either dropped off at 2201 W. Coast Hwy and walk to the vessel. Paths of travel for pedestrians are from the parking lots located at 2241 and 2201 W. Coast Hwy, along W. Coast Hwy – guests do not need to cross the street. When the Church parking is utilized Hornblower provides a shuttle to the vessels for charter guests. See exhibits 3, 4, 5 and 6 for details. Upon arrival at the site, guests check-in directly on their vessel. Hornblower staff is present every step of the way. Staff is on site, and at the designated parking lots to direct pedestrians, coaches and rideshare arrivals. At the end of an event guests are directed to their transportation for departure. Attachment: Hornblower Operational Plan (LSA, July 15, 2019) 42 Attachment No. PC 4 798 Dover Drive Parking Authorization Letter 43 INTENTIONALLY BLANK PAGE44 45 INTENTIONALLY BLANK PAGE46 Attachment No. PC 5 Parking Management Plan 47 INTENTIONALLY BLANK PAGE48 Z>^ &Z^EK /Zs/E >K^E'>^ W>D^WZ/E'^ WK/EdZ/,DKE Z/sZ^/ ZK^s/>> ^E>h/^K/^WK ϮϬǆĞĐƵƚŝǀĞWĂƌŬ͕^ƵŝƚĞϮϬϬ͕/ƌǀŝŶĞ͕ĂůŝĨŽƌŶŝĂϵϮϲϭϰϵϰϵ͘ϱϱϯ͘Ϭϲϲϲǁǁǁ͘ůƐĂ͘ŶĞƚ DDKZEhD d͗^ĞƉƚĞŵďĞƌϮϯ͕ϮϬϭϵ dK͗ƌĂĚ&ĂůŬĞŶƐƚĞŝŶ͕,ŽƌŶďůŽǁĞƌƌƵŝƐĞƐΘǀĞŶƚƐ &ZKD͗ĞĂŶƌŝǌĂďĂů͕>^ ^h:d͗,ŽƌŶďůŽǁĞƌƌƵŝƐĞƐΘǀĞŶƚƐ;ϮϱϮϳt͘ŽĂƐƚ,ŝŐŚǁĂǇͿWĂƌŬŝŶŐDĂŶĂŐĞŵĞŶƚWůĂŶ >^ŝƐƉůĞĂƐĞĚƚŽƐƵďŵŝƚƚŚŝƐWĂƌŬŝŶŐDĂŶĂŐĞŵĞŶƚWůĂŶĨŽƌƚŚĞƉƌŽƉŽƐĞĚ,ŽƌŶďůŽǁĞƌƌƵŝƐĞƐΘǀĞŶƚƐ ƉƌŽũĞĐƚ͘dŚĞƉƌŽũĞĐƚŝƐůŽĐĂƚĞĚĂƚϮϱϮϳt͘ŽĂƐƚ,ŝŐŚǁĂǇŝŶEĞǁƉŽƌƚĞĂĐŚ͕ĂůŝĨŽƌŶŝĂ͘&ŝŐƵƌĞϭ ;ĂůůĨŝŐƵƌĞƐĂƚƚĂĐŚĞĚͿŝůůƵƐƚƌĂƚĞƐƚŚĞƉƌŽũĞĐƚƐŝƚĞĂŶĚĚŽĐŬƐ͘ ĂƐĞĚŽŶ>^͛ƐƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƚŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚ͕ƚŚĞĂƉƉůŝĐĂŶƚƉƌŽƉŽƐĞƐƚŽĂĚĚƚǁŽďŽĂƚƐ;ƌĞĂŵ DĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌͿƚŽƚŚĞ,ŽƌŶďůŽǁĞƌƌƵŝƐĞƐΘǀĞŶƚƐŽƉĞƌĂƚŝŽŶƐ͕ǁŚŝĐŚĐƵƌƌĞŶƚůǇŚĂƐŽŶĞďŽĂƚ ;/ĐŽŶͿ͘dŚĞƚǁŽĂĚĚŝƚŝŽŶĂůďŽĂƚƐƌĞƉƌĞƐĞŶƚŝŶĐƌĞĂƐĞĚƉĂƐƐĞŶŐĞƌĐĂƉĂĐŝƚǇĂŶĚĂĚĚŝƚŝŽŶĂůĐƌĞǁ͕ƉŽƚĞŶƚŝĂůůǇ ĂĨĨĞĐƚŝŶŐƚŚĞ,ŽƌŶďůŽǁĞƌƌƵŝƐĞƐΘǀĞŶƚƐƉĂƌŬŝŶŐĚĞŵĂŶĚ͘ dŚĞƉƵƌƉŽƐĞŽĨƚŚŝƐWĂƌŬŝŶŐDĂŶĂŐĞŵĞŶƚWůĂŶŝƐƚŽĚĞƚĂŝůƚŚĞƉƌŽƉŽƐĞĚĐŚĂŶŐĞƐǁŝƚŚƚŚĞĂĚĚŝƚŝŽŶĂů ďŽĂƚƐ͕ĂƐ/ĐŽŶŝƐĐƵƌƌĞŶƚůǇŝŶŽƉĞƌĂƚŝŽŶĂŶĚŚĂƐĂĚĞƋƵĂƚĞƉĂƌŬŝŶŐ͘dŚĞWĂƌŬŝŶŐDĂŶĂŐĞŵĞŶƚWůĂŶ ĚŽĐƵŵĞŶƚƐƚŚĞĂŶƚŝĐŝƉĂƚĞĚƚǇƉŝĐĂůǁĞĞŬĚĂǇĂŶĚǁĞĞŬĞŶĚŽƉĞƌĂƚŝŽŶƐĂŶĚĂƚƚĞŶĚĂŶĐĞŽĨƌĞĂŵDĂŬĞƌ ĂŶĚ,ŽƌŶďůŽǁĞƌ͘dŚĞWĂƌŬŝŶŐDĂŶĂŐĞŵĞŶƚWůĂŶĚĞƐĐƌŝďĞƐƚŚĞĂǀĂŝůĂďůĞƉĂƌŬŝŶŐƐƵƉƉůǇ͕ƚŚĞƉĂƌŬŝŶŐ ĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐ͕ĂŶĚƚŚĞĨƵƚƵƌĞƉĂƌŬŝŶŐĚĞŵĂŶĚǁŝƚŚŝŵƉůĞŵĞŶƚĂƚŝŽŶŽĨƚŚĞƉƌŽũĞĐƚ͘ WZ</E'DE'DEdW>E >^ĐŽŽƌĚŝŶĂƚĞĚǁŝƚŚƚŚĞƉƌŽũĞĐƚĂƉƉůŝĐĂŶƚŽŶƚŚĞŚŽƵƌƐŽĨŽƉĞƌĂƚŝŽŶ͕ƉĂƌŬŝŶŐůŽĐĂƚŝŽŶƐ͕ĐĂƉĂĐŝƚŝĞƐŽĨƚŚĞ ŶĞǁďŽĂƚƐ͕ĨƵƚƵƌĞĞƐƚŝŵĂƚĞƐĨŽƌǀŝƐŝƚŽƌƐͬŐƵĞƐƚƐĂŶĚƐƚĂĨĨŝŶŐ͕ĂůƚĞƌŶĂƚŝǀĞŵŽĚĞƐŽĨƚƌĂŶƐƉŽƌƚĂƚŝŽŶƵƚŝůŝǌĞĚ ďǇŐƵĞƐƚƐĂŶĚĞŵƉůŽǇĞĞƐ͕ĂǀĞƌĂŐĞǀĞŚŝĐůĞŽĐĐƵƉĂŶĐǇ;sKͿ͕ĞƚĐ͘ ,ŽƵƌƐŽĨKƉĞƌĂƚŝŽŶ͘dǇƉŝĐĂůŚŽƵƌƐŽĨŽƉĞƌĂƚŝŽŶĨŽƌŽĨĨŝĐĞĂŶĚĂĚŵŝŶŝƐƚƌĂƚŝǀĞĨƵŶĐƚŝŽŶƐĂƌĞϴ͗ϬϬĂ͘ŵ͘ƚŽ ϱ͗ϯϬƉ͘ŵ͕͘DŽŶĚĂǇʹ&ƌŝĚĂǇ͘ǀĞŶƚƐ;ĐƌƵŝƐĞƐ͕ƚŽƵƌƐ͕ƉĂƌƚŝĞƐ͕ĂŶĚƉƌŝǀĂƚĞĐŚĂƌƚĞƌƐͿŽĐĐƵƌDŽŶĚĂǇʹ^ƵŶĚĂǇ͕ ǁŝƚŚƚŚĞŵĂũŽƌŝƚǇŽĐĐƵƌƌŝŶŐĚƵƌŝŶŐƚŚĞǁĞĞŬĚĂǇŶŝŐŚƚƐĂŶĚŽŶƚŚĞǁĞĞŬĞŶĚƐ͘dŚĞƚǇƉŝĐĂůǁĞĞŬĚĂǇĂŶĚ ǁĞĞŬĞŶĚŚŽƵƌƐŽĨŽƉĞƌĂƚŝŽŶǁŽƵůĚŶŽƚĐŚĂŶŐĞǁŝƚŚƚŚĞƉƌŽũĞĐƚ͘ WĂƌŬŝŶŐ^ƵƉƉůǇ͘&ŝŐƵƌĞϮŝůůƵƐƚƌĂƚĞƐƚŚĞƉƌŽƉŽƐĞĚƉĂƌŬŝŶŐƐƵƉƉůǇŽĨƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌĂƚϮϮϰϭ t͘ŽĂƐƚ,ŝŐŚǁĂǇ;ϮϴƉĂƌŬŝŶŐƐƉĂĐĞƐ͕DŽŶĚĂǇʹ&ƌŝĚĂǇ΀ĂĨƚĞƌϱ͗ϯϬƉ͘ŵ͘΁ĂŶĚ^ĂƚƵƌĚĂǇʹ^ƵŶĚĂǇ΀ĂůůĚĂǇ΁Ϳ ĂŶĚϮϬϳϳt͘ŽĂƐƚ,ŝŐŚǁĂǇ;ϰϴƉĂƌŬŝŶŐƐƉĂĐĞƐ͕DŽŶĚĂǇʹ&ƌŝĚĂǇ΀ĂĨƚĞƌϱ͗ϯϬƉ͘ŵ͘΁ĂŶĚ^ĂƚƵƌĚĂǇʹ^ƵŶĚĂǇ ΀ĂůůĚĂǇ΁Ϳ͕ĂƐǁĞůůĂƐƚŚĞƉĞĚĞƐƚƌŝĂŶƉĂƚŚƐŽĨƚƌĂǀĞůƚŽĂŶĚĨƌŽŵƚŚĞƉƌŽũĞĐƚƐŝƚĞ͘&ŝŐƵƌĞϯĚĞƉŝĐƚƐƚŚĞ ƉƌŽƉŽƐĞĚƉĂƌŬŝŶŐƐƵƉƉůǇĂƚƚŚĞEĞǁƉŽƌƚ,ĂƌďŽƌ>ƵƚŚĞƌĂŶŚƵƌĐŚĂƚϳϵϴŽǀĞƌƌŝǀĞ;ϳϱƉĂƌŬŝŶŐƐƉĂĐĞƐ͕ DŽŶĚĂǇʹtĞĚŶĞƐĚĂǇĂŶĚ&ƌŝĚĂǇ΀ĂůůĚĂǇ΁͖ĂŶĚϭϮϬƉĂƌŬŝŶŐƐƉĂĐĞƐ͕^ĂƚƵƌĚĂǇ΀ĂůůĚĂǇ΁Ϳ͘ƚŽƚĂůŽĨϳϲʹϭϵϲ ƉĂƌŬŝŶŐƐƉĂĐĞƐǁŝůůďĞƉƌŽǀŝĚĞĚĨŽƌƚǇƉŝĐĂůǁĞĞŬĚĂǇŶŝŐŚƚƚŝŵĞĂŶĚǁĞĞŬĞŶĚŽƉĞƌĂƚŝŽŶƐŽĨƌĞĂŵDĂŬĞƌ ĂŶĚ,ŽƌŶďůŽǁĞƌ͘ 49 ϵͬϮϯͬϭϵ;W͗Ͱ,tϭϵϬϭͰĚŽĐͰWDW͘ĚŽĐǆͿϮ ƐŚƵƚƚůĞƐĞƌǀŝĐĞǁŝůůďĞƉƌŽǀŝĚĞĚĨŽƌŐƵĞƐƚƐŽŶĚĂǇƐǁŚĞŶƚŚĞEĞǁƉŽƌƚ,ĂƌďŽƌ>ƵƚŚĞƌĂŶŚƵƌĐŚƉĂƌŬŝŶŐ ůŽƚŝƐƵƚŝůŝǌĞĚ͘'ƵĞƐƚƐǁŝůůďĞƉŝĐŬĞĚƵƉĂŶĚĚƌŽƉƉĞĚŽĨĨĂƚϮϬϳϳt͘ŽĂƐƚ,ŝŐŚǁĂǇ͘&ŝŐƵƌĞϰƐŚŽǁƐƚŚĞ ƐŚƵƚƚůĞƌŽƵƚĞƚŽͬĨƌŽŵϳϵϴŽǀĞƌƌŝǀĞĂŶĚϮϬϳϳt͘ŽĂƐƚ,ŝŐŚǁĂǇ͘&ŝŐƵƌĞƐϱĂŶĚϲŝůůƵƐƚƌĂƚĞƚŚĞƐŚƵƚƚůĞ ĐŝƌĐƵůĂƚŝŽŶǁŝƚŚŝŶƚŚĞϳϵϴŽǀĞƌƌŝǀĞĂŶĚϮϬϳϳt͘ŽĂƐƚ,ŝŐŚǁĂǇƐŝƚĞƐ͕ƌĞƐƉĞĐƚŝǀĞůǇ͘ dǇƉŝĐĂůƚƚĞŶĚĂŶĐĞĂŶĚDĂǆŝŵƵŵĂƉĂĐŝƚǇ;'ƵĞƐƚƐĂŶĚƌĞǁͬ^ƚĂĨĨͿ͘dĂďůĞƐŚŽǁƐƚŚĞĂŶƚŝĐŝƉĂƚĞĚ ŶƵŵďĞƌŽĨƉĞŽƉůĞŽŶďŽĂƌĚƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌĚƵƌŝŶŐƚǇƉŝĐĂůǁĞĞŬĚĂǇŶŝŐŚƚƚŝŵĞĂŶĚ ǁĞĞŬĞŶĚŽƉĞƌĂƚŝŽŶƐ͕ĂƐǁĞůůĂƐƚŚĞŵĂǆŝŵƵŵĐĂƉĂĐŝƚǇŽĨƚŚĞďŽĂƚƐ͘ KŶĂǀĞƌĂŐĞ͕ƌĞĂŵDĂŬĞƌŝƐĂŶƚŝĐŝƉĂƚĞĚƚŽŚĂǀĞϰϯƉĞŽƉůĞŽŶďŽĂƌĚ;ϯϴŐƵĞƐƚƐĂŶĚϱĐƌĞǁŵĞŵďĞƌƐͿ ĂŶĚ,ŽƌŶďůŽǁĞƌŝƐĂŶƚŝĐŝƉĂƚĞĚƚŽŚĂǀĞϮϮƉĞŽƉůĞŽŶďŽĂƌĚ;ϭϴŐƵĞƐƚƐĂŶĚϰƐƚĂĨĨŵĞŵďĞƌƐͿĨŽƌĂƚŽƚĂůŽĨ ϲϱƉĞŽƉůĞ;ϱϲŐƵĞƐƚƐĂŶĚϵĐƌĞǁͬƐƚĂĨĨŵĞŵďĞƌƐͿĚƵƌŝŶŐƚǇƉŝĐĂůǁĞĞŬĚĂǇŶŝŐŚƚƚŝŵĞĂŶĚǁĞĞŬĞŶĚ ŽƉĞƌĂƚŝŽŶƐ͘ ƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌŚĂǀĞŵĂǆŝŵƵŵďŽĂƚĐĂƉĂĐŝƚŝĞƐŽĨϭϰϭƉĞŽƉůĞ;ϭϯϱŐƵĞƐƚƐĂŶĚϲĐƌĞǁ ŵĞŵďĞƌƐͿĂŶĚϱϭƉĞŽƉůĞ;ϰϳŐƵĞƐƚƐĂŶĚϰƐƚĂĨĨŵĞŵďĞƌƐͿ͕ƌĞƐƉĞĐƚŝǀĞůǇ͕ĨŽƌĂƚŽƚĂůŽĨϭϵϮƉĞŽƉůĞ;ϭϴϮ ŐƵĞƐƚƐĂŶĚϭϬĐƌĞǁͬƐƚĂĨĨŵĞŵďĞƌƐͿ͘ dƌĂŶƐƉŽƌƚĂƚŝŽŶDŽĚĞƐĂŶĚWĂƌŬŝŶŐĞŵĂŶĚ͘ĂƐĞĚŽŶŝŶĨŽƌŵĂƚŝŽŶĨƌŽŵƚŚĞƉƌŽũĞĐƚĂƉƉůŝĐĂŶƚ͕ŝƚŝƐ ĞƐƚŝŵĂƚĞĚƚŚĂƚŐƵĞƐƚƐĂŶĚĐƌĞǁͬƐƚĂĨĨŵĞŵďĞƌƐƵƚŝůŝǌĞƚŚĞĨŽůůŽǁŝŶŐŵŽĚĞƐŽĨƚƌĂŶƐƉŽƌƚĂƚŝŽŶ͗ xWĞƌƐŽŶĂůǀĞŚŝĐůĞʹϲϯƉĞƌĐĞŶƚ xDŽƚŽƌĐŽĂĐŚʹϮϬƉĞƌĐĞŶƚ xZŝĚĞƐŚĂƌĞ;hďĞƌͬ>ǇĨƚͬƚĂǆŝͿʹϭϱƉĞƌĐĞŶƚ xKƚŚĞƌ;ƚƌĂŶƐŝƚͬǁĂůŬŝŶŐͬďŝŬŝŶŐͿʹϮƉĞƌĐĞŶƚ ĐĐŽƌĚŝŶŐƚŽƚŚĞƉƌŽũĞĐƚĂƉƉůŝĐĂŶƚ͕ŝƚŝƐĞƐƚŝŵĂƚĞĚƚŚĂƚƚŚĞsKŝƐĂƐĨŽůůŽǁƐ͗ xWĞƌƐŽŶĂůǀĞŚŝĐůĞʹϯƉĞƌƐŽŶƐƉĞƌǀĞŚŝĐůĞ xDŽƚŽƌĐŽĂĐŚʹϰϬƉĞƌƐŽŶƐƉĞƌŵŽƚŽƌĐŽĂĐŚ xZŝĚĞƐŚĂƌĞ;hďĞƌͬ>ǇĨƚͬƚĂǆŝͿʹϭƉĞƌƐŽŶƉĞƌǀĞŚŝĐůĞ dŚĞƐĞƚƌĂŶƐƉŽƌƚĂƚŝŽŶŵŽĚĞƐƉůŝƚƐ;ϲϯƉĞƌĐĞŶƚƉĞƌƐŽŶĂůǀĞŚŝĐůĞ͕ϮϬƉĞƌĐĞŶƚŵŽƚŽƌĐŽĂĐŚ͕ϭϱƉĞƌĐĞŶƚ ƌŝĚĞƐŚĂƌĞ͕ĂŶĚϮƉĞƌĐĞŶƚŽƚŚĞƌͿĂŶĚsK;ϯƉĞƌƐŽŶƐƉĞƌƉĞƌƐŽŶĂůǀĞŚŝĐůĞ͕ϰϬƉĞƌƐŽŶƐƉĞƌŵŽƚŽƌĐŽĂĐŚ͕ ĂŶĚϭƉĞƌƐŽŶƉĞƌƌŝĚĞƐŚĂƌĞǀĞŚŝĐůĞͿŚĂǀĞďĞĞŶĂƉƉůŝĞĚƚŽƚŚĞĨƵƚƵƌĞŐƵĞƐƚĂŶĚƐƚĂĨĨŝŶŐƉƌŽũĞĐƚŝŽŶƐŽĨ ƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌ͘ ƐƐŚŽǁŶŽŶdĂďůĞ͕ƚǇƉŝĐĂůǁĞĞŬĚĂǇŶŝŐŚƚƚŝŵĞĂŶĚǁĞĞŬĞŶĚŽƉĞƌĂƚŝŽŶƐ;ϲϱƚŽƚĂůƉĞŽƉůĞͿǁŽƵůĚƌĞƐƵůƚ ŝŶϭϰƉĂƌŬĞĚǀĞŚŝĐůĞƐĂŶĚƚŚĞŵĂǆŝŵƵŵĐĂƉĂĐŝƚǇ;ϭϵϮƚŽƚĂůƉĞŽƉůĞͿǁŽƵůĚƌĞƐƵůƚŝŶϰϭƉĂƌŬĞĚǀĞŚŝĐůĞƐĨŽƌ ƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌ͘ hŶĚĞƌĂŵĂǆŝŵƵŵĐĂƉĂĐŝƚǇƐĐĞŶĂƌŝŽŽĨƌĞĂŵDĂŬĞƌĂŶĚ,ŽƌŶďůŽǁĞƌ;ϰϭͲƐƉĂĐĞƉĂƌŬŝŶŐĚĞŵĂŶĚͿ͕ŝƚŝƐ ĞǆƉĞĐƚĞĚƚŚĂƚĂĚĞƋƵĂƚĞƉĂƌŬŝŶŐ;ϳϲʹϭϵϲƚŽƚĂůƉĂƌŬŝŶŐƐƉĂĐĞƐͿǁŽƵůĚďĞƉƌŽǀŝĚĞĚĨŽƌƚŚĞƉƌŽũĞĐƚ͘ ƚƚĂĐŚŵĞŶƚƐ͗ &ŝŐƵƌĞƐϭʹϲ dĂďůĞƐĂŶĚ 50 SOURCE Google Earth: FEET 36180 N FIGURE 1 Project Site and Docks I:\HBW1901\G\Project Site.cdr (7/18/2019) Hornblower Cruises & Events LEGEND - Project Site W E S T C O A S T H W Y W E S T C O A S T H W Y 51 FEET 110550 N FIGURE 2 Coast Highway Parking Locations and Pedestrian Path of Travel I:\HBW1901\G\Parking Locations-Routes_v2.cdr (9/23/2019) SOURCE Google Earth: Hornblower Cruises & Events W ES T C O A S T H W Y W E S T C O A S T H W YTUSTIN AVETUSTIN AVE 1 2 * ParkingLots (ϳϲSpaces): 1 - 2241W.CoastHwy - (ϮϴSpaces) -Mon-Fri (after 5:30 p.m.) andSat-Sun (all day) 2 - 2077W.CoastHwy - (ϰϴSpaces) -Mon-Fri (after 5:30 p.m.) andSat-Sun (all day) - Pedestrian Path of Travel - Shuttle Drop-Off/Pick-Up Area LEGEND 52 I:\HBW1901\G\Dover Parking_11x17.cdr (9/6/2019) Ca s t a w a y s L n Ca s t a w a y s L n Dover DrDover DrSOURCE GoogleEarth, 2019: FEET 100500 N FIGURE 3 798 Dover Drive Parking Location Hornblower Cruises & Events LEGEND Newport Harbor Lutheran Church Parking Lot 75 Spaces - Monday-Wednesday and Friday (All Day) 120 Spaces - Saturday (All Day) 53 SOURCE Google Earth:FEET4002000NI:\HBW1901\G\Shuttle Route.cdr (9/3/2019)FIGURE 4Shuttle Route to/from 798 Dover Drive and 2077 W. Coast HighwayHornblower Cruises & Events54 I:\HBW1901\G\Dover Circulation_11x17.cdr (9/6/2019) FIG Ca s t a w ays L n Ca s t a w a y s L n Dover DrDover Dr LEGEND - Shuttle Drop-Off/Pick-Up Area SOURCE GoogleEarth, 2019: FEET 100500 N FIGURE 5 Shuttle Circulation at 798 Dover Drive Hornblower Cruises & Events 55 I:\HBW1901\G\Coast Hwy Circulation_11x17.cdr (9/6/2019)Wes t C o a s t H w yWes t C o a s t H w y LEGEND - Shuttle Drop-Off/Pick-Up Area SOURCE GoogleEarth, 2019: FEET 60300 N FIGURE 6 Shuttle Circulation at 2077 W. Coast Highway Hornblower Cruises & Events 56 TypeNameGuestsCrew/StaffTotalDreamMaker(Proposed)38543Hornblower(Proposed)18422VesselsTotal56965TypeNameGuestsCrew/StaffTotalDreamMaker(Proposed)1356141Hornblower(Proposed)47451VesselsTotal18210192TableA:ProjectPersons(GuestsandCrew)TypicalWeekdayNighttimeandWeekendOperationsMaximumCapacityP:\HBW1901\xls\ProjectInforev.xlsx\Persons_Project(7/15/2019)57 TransportationMode PercentageTotalPersons AVO DropͲOff/PickͲUpVehicles ParkedVehiclesPersonalVehicle63%413N/A14Motorcoach20%13401N/ARideshare115%1025N/AOther22%1N/AN/AN/ATotal100%65Ͳ614TransportationMode PercentageTotalPersons AVO DropͲOff/PickͲUpVehicles ParkedVehiclesPersonalVehicle63%1213N/A41Motorcoach20%38401N/ARideshare115%29215N/AOther22%4N/AN/AN/ATotal100%192Ͳ1641AVO=averagevehicleoccupancyN/A=notapplicable1IncludesUber,Lyft,andtaxiservices.2Includestransit,walking,andbiking.TableB:ProjectTransportationModesandParkingDemandTypicalWeekdayNighttimeandWeekendOperationsMaximumCapacityP:\HBW1901\xls\ProjectInforev.xlsx\Modes&Parking_Project(7/15/2019)58 Attachment No. PC 6 Project Plans (Dock Plan for Reference) 59 INTENTIONALLY BLANK PAGE60 PA2019-143Attachment No. PC 6 - Project Plans (Dock Plan for Reference)61 PA2019-143Attachment No. PC 6 - Project Plans (Dock Plan for Reference)62 PA2019-143Attachment No. PC 6 - Project Plans (Dock Plan for Reference)63 From: Marice H. DePasquale <marice@mconsensus.com> Sent: Monday, September 30, 2019 11:11 AM To: Nova, Makana <MNova@newportbeachca.gov> Subject: Hornblower Makana, I sent the following note or left a message for planning commissioners on the Hornblower item before them this Thursday. Please consider this email part of the public record so the public is aware of my communications. Thank you. Email/Vmail to Planning Commissioners Good morning! I am working with Hornblower on their CUP/CDP before you this Thursday. I am reaching out to see if there is any additional information I can provide? We are relocating two boats and have been operating under a temporary permit all summer. Let me know if I can provide any more info or answer any questions. Regards, MD Marice H. DePasquale Principal 3609 W. MacArthur Blvd., Suite 811 Santa Ana, CA 92704 (949) 433-4261 Planning Commission - October 3, 2019 Item No. 3a Additional Materials Received Hornblower Off-Site Parking (PA2019-143) October 3, 2019, Planning Commission Item 3 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3: HORNBLOWER OFF-SITE PARKING (PA2019-143) There are several confusing aspects to this application. First, the public notice of the hearing states the off-site parking is needed “to allow the addition of a charter vessel for Hornblower Yachts with a capacity of up to 295 passengers/crew.” But the staff report contradicts this by saying the parking is needed not for a new vessel, but rather to accommodate the continued operation of two existing charter boats with a total capacity of 192 passengers/crew. Second, as the report indicates on handwritten page 6, the operation was administratively approved by City staff, without a public hearing, on July 15, 2019. While it is true that NBMC Sec. 20.52.040.E.5.A gives the Zoning Administrator the authority to approve a Limited Term Permit for “for a limited duration use that is proposed to operate for up to ninety (90) days,” in this case that seems an abuse of the authorization, for the operation was clearly intended to last for more than 90 days. Likewise, if the operation requires a Conditional Use Permit and a Coastal Development Permit it is not clear how it was allowed to proceed without them. Among other problems, NBMC Sec. 17.10.050.I, regarding the issuance of Marine Activities Permits for Newport Harbor, prohibits the Harbormaster from approving a MAP until any required landside use permits have been obtained – yet a MAP has apparently been approved, per handwritten page 7, prior to the Commission’s consideration of a use permit that now seems to be required. Table 3 (Off-Site Parking Availability) on handwritten page 8 appears to misstate the availability at 798 Dover Drive: nothing appears to be available of Sundays, and the rule for Saturdays is the 120 rather than the 75-85. However, the letter from the Church, provided as Attachment No. PC 4 (handwritten page 45), does not appear to be a guarantee that parking will be available, so much as a permission for Hornblower to apply for parking. One can easily imagine there may be times when their lot has been committed to other uses and is not available to Hornblower. As with all these arrangements, it seems difficult for the Commission to make the required finding copied at the top of handwritten page 9: that: “The [off-site] parking facility will be permanently available, marked, and maintained for the use it is intended to serve.” That seems not at all to be the case for 798 Dover Drive (where the applicant needs to make a reservation each time it wants to uses spaces – and it further seems unlikely they will be permanently marked or reserved for Hornblower’s use). And it seems improbable at 2201/2241 West Coast Highway since the parking is on land that is part of the proposed Newport Village development and seems unlikely to be available during its construction (and possibly afterward). Planning Commission - October 3, 2019 Item No. 3b Additional Materials Received Hornblower Off-Site Parking (PA2019-143) October 3, 2019, PC agenda Item 3 comments - Jim Mosher Page 2 of 2 Regarding the proposed Resolution of Approval – Page 17 (handwritten): Section 1.5 fails to mention required noticing under Title 21. Page 20: The portion of statement 6 that says “Views from this vantage point are directed toward the harbor, which is inland and north of West Coast Highway” is inscrutable to me. I do not believe the harbor is north of West Coast Highway. Page 24: Statement H.1 that “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 weekend charter boat operations (one hundred twenty (120) spaces).” is inaccurate. No parking is available there on Sunday, which is a weekend day. Planning Commission - October 3, 2019 Item No. 3b Additional Materials Received Hornblower Off-Site Parking (PA2019-143) From:Steve Rosansky To:Planning Commissioners Cc:Ellmore, Curtis; Weigand, Erik; Kleiman, Lauren; Lee Lowrey - City of Newport Beach (lmlowrey@arborcapitalpartners.com); Rosene, Mark; Peter Koetting (pkgleneagles@gmail.com); Klaustermeier, Sarah Subject:Agenda Item No. 3---Hornblower Off-Site Parking Agreement (PA2019-143)--CUP No. UP2019-044 and CDP No. CD2019-036 Date:Thursday, October 03, 2019 12:37:14 PM Dear Chairman Koetting: I am writing to you and your fellow commissioners in support of the Hornblower’s application for CUP No. UP2019-044 and CDP No. CD2019-036. Based on the analysis provided in the staff report, findings can easily be made to support the approval of the off-site parking Hornblower has arranged for in order to facilitate the operation of their cruising vessels in the harbor. As you all know, for years Hornblower Yachts has provided an affordable alternative for residents and visitors to Newport Beach to get out on the water and have a marine experience. They also contribute significantly to the revenues collected by the City in the form of boarding fees and sales tax revenue, not to mention all the ancillary businesses that derive significant income from contracting with Hornblower for services and supplies. I urge you to adopt the Resolution of Approval as set forth in the staff report for this Agenda Item. Warm regards, Steve Steve Rosansky President and C.E.O. Newport Beach Chamber of Commerce The Business and Community Resource ______________________________________ NEW ADDRESS 4343 Von Karman Ave., Ste. 150-W Newport Beach, CA 92660 PH: (949) 729-4404 FX: (949) 729-4417 Planning Commission - October 3, 2019 Item No. 3c Additional Materials Received Hornblower Off-Site Parking (PA2019-143) 2527 West Coast Highway (PA2019-143) Planning Commission Public Hearing October 3, 2019 Hornblower CUP and CDP Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Required Entitlements Community Development Department -Planning Division 2 Coastal Development Permit •For an increase in intensity of an existing use in the Coastal Zone Conditional Use Permit •Off-site Parking Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Community Development Department -Planning Division Vicinity Map 3 Dock Site Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Dock Site Plan Community Development Department -Planning Division 4 Dock Site Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Dock Plan 5 Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Dream Maker Community Development Department -Planning Division 6 141 passengers and crew Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Hornblower Community Development Department -Planning Division 7 51 passengers and crew Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Development Standards Community Development Department -Planning Division 8 Development Standard Existing Development Requested Development Project •Icon (existing charter boat) •Waterfront Occasions (event space) •Retail/Office •Surface parking lot •Add two charter boats (Dream Maker and Hornblower) Zone /Square Footage MU-W1 (Mixed-Use Water Related) 0.35-0.5 FAR nonresidential uses 7,440 sq. ft. (0.31 FAR)No change Height 26 feet (flat) 31 feet (pitched) No change Parking •1 space per 3 passengers (charter boat operations) •1 space per 250 sq. ft. (retail/office) •Existing nonconforming (Yacht club/event space) 43 tandem spaces and off-site parking at 2436 West Coast Highway and 2530 West Coast Highway 71 -120 spaces providedduring operational hours (64 spaces required for charter boat operations) Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Community Development Department -Planning Division 9 Off-Site Parking 71 parking spaces Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Off-Site Parking Community Development Department -Planning Division 10 75 -85 parking spaces, weekdays 120 parking spaces, Saturdays Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) MM Policies Community Development Department -Planning Division 11 General Plan Policies-Mariners’ Mile Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) CEQA Review Community Development Department -Planning Division 12 Class 23 Exemption- (Normal Operations of Facilities for Public Gatherings) Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Summary Community Development Department -Planning Division 13 Project provides sufficient and feasible parking supply to serve proposed charter boat operations Charter boat operations are compatible with the area and surrounding development in Mariners’ Mile Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Recommenda- tion Community Development Department -Planning Division 14 1. Conduct a public hearing 2. Adopt the draft resolution for approval Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143) Makana Nova, Associate Planner, AICP 949-644-3249 mnova@newportbeachca.gov Community Development Department -Planning Division 15 Thank you! Questions? Planning Commission - October 3, 2019 Item No. 3d Additional Materials Presented At Meeting - Staff Hornblower Off-Site Parking (PA2019-143)