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Home My WebLink About129-2505-3G {� Lisa, Sh"&IY7 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 6Zq r2431 **Date of Applicaton: L116_11;L Permit Number: 129 -2_W5 **Property Address: 2.113 9 d,0 5d 5 h%, CIJuJf � Nt J pOyf K eu 02 Cfi- *Buyer's Names: YY1a1'Ir1f.GJ ry7ll-e, LLC - Billing. Address Telephone No.: Buyer's Signatures: **Seller's Name Seller's Signatur( Joint Owner Signatu 2y39 W (1)as�- &V4 02-00 **Escrow Company: Phone# **Address **Escrow Number: **Fax #: Closing Date (Estimate): * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: 3 2w.j(2.-. Reinspection Date: Fee Paid: �7 Check No: )c)2... Application Complete: Harbor Re urces Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. TI�E MuRREL COMPANY A R E A L E S T A T E G 0 R P 0 R A T 1 O N March 9, 2012 City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: Harbor Permit Transfer Application 2429 & 2505 West Coast Highway Account Number 6003739-00 To Whom It May Concern: Attached is the signed Harbor Permit Transfer Application for the transfer of ownership from "VMA Mariner's Mile, LLC" to "Mariner's Mile, LLC". The property at 2429-2507 West Coast Hwy, Newport Beach was sold on 2/14/2012 to Mariner's Mile, LLC. The transfer of $278 was previously sent. Please contact me if you have any questions and notify me when the transfer is complete (949) 722-1131, extension 212. Sincerely, The Murrel Company, a California corporation As authorized agent for VMA Mariner's Mile, LLC, a Delaware limited liability company Ann Lemmon Director of Finance and Accounting 2439 WEST COAST Hwy SUITE 200 NEwpoRT BEACH CALIFoRmA, 92663 TEL 949.722.1131 FAX 949.722.9244 City of Newport Beach Revenue Division P.O. Box 1935 "* Newport Beach, CA 92658-0935 �J.J pp ryo- www.newportbeachca.gov Name: NBID: Account Number: Service Address: Statement Date: Due Date: Total Amount Due: MUNICIPAL SERVICES STATEMENT Water Conservation Route: RECEIVED FEB 0.9 VMA MARINERS MILE LLC_hCHAAES: 61640 PIER OM/LESS20/ANNUAL 6003739-00 SLIPS/ SS 10/ANNUAL 2439 & 2505 COAST HWY W PIER C MERCIAL #1/ANNU 02/06/12 PIER CO ERCIAL #2/ANNU 03/01 /12 BILLING SU ARY $ 8,698.40 2012 Annual Pier Fee -The City Council may transition commercial tidelands uses from pier permits to lease agreements. This pier permit may be cancelled at any time without notice. If this pier permit is cancelled by the City prior to its expiration the City will issue the permittee a refund or credit for the unused pro-rata portion of the unexpired permit. Payment must be received on or before the due date on this statement. Payments not received by that date are subject to a penalty. You can avoid penalties by signing up for the City's AutoPay plan. NEW PAYMENT OPTIONS NOW AVAILABLE: - For recurring automatic payments, use our Online BillPay service. Pay by credit card or checking account. Enroll online at www.onlinebiller.com/newporU. - For manual payments using your credit card only, either call 949-718-1999 and follow the directions given, or use the internet to make your payment by accessing the web at www.newportbeachca.gov and selecting Online Services. City of NewNrt Beach o e Revenue Division P.O. Box 1935 Newport Beach, CA 92658-0 Please provide/update the e-mail address and phone number so the City may cnntact you about water service problems. Phone: 949 722-1131 E-mail: kyeager@murrel.com IIII III II II (III IIII I I II II II II NPY0206A 3000000001 1/1 1��1111��1111�'�'II111111"11��111 ��I�1111��1��1�111�1'I'� VMA MARIN S MILE LLC 12 MURREL ANAGEMENT CO 2439 COAST HWY W - S NEWPORT BEACH CA 92663-4747 Previous/Beginnl g Balance Payments Applied THAN Total Adjustments Late Fee TOTAL AMOUNT RANH AMT N n. Irv.5 \ VV �-.. PRS TOTAL: $ 53.40 $ 5.00 $ 4,320.00 $ 4,320.00 $ 8,698.40 $-8,698.40 $ 0.00 $ 0.00 $ 8,68.40 Gly Go online to pay yptifrbills at www.newportbeachca.gov/payment RETURN THIS PORTION WITH YOUR PAYMENT NBID: 61640 Notice Date: 02/06/12 Total Amount Due: $ 8,698.40 punt Enclosed: ILL��LI�IL,�I, �I�IIu�I�l�n�11��1�l�nll�ol�In1JJ CITY OF NEWPORTIBEQCH PO BOX 1935 NEWPORT BEACH CA 92658-0935 AC000000600373900000008698406 CHECKLOG SUMMARY Credit to DATE:02/29/12 CK#:102 TOTAL:$278.00 BANK:unionmao - Union Bank Operating — Mariner PAYEE:City of Newport Beach(newport) Property Account (Date)Invoice Description Amount marinoff 6430 312012 Dock/Pier Transfer Application Fee 278.00 278.00 Page 1 INSPECTION FORM Harbor Resources Department Date: 9 /Z Inspection Requested By: Inspector: Pier Address: ,2�`T � U � Pier Trans,fef ----�- Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments 312(c112- Eelgrass Date Time F Eelgrass Within 15' of Project Eelgrass Within 15' - 30' of Project No Eelgrass in Project Area. Pump Out Pier Location Yes No Operational Recommended Action Encroachm.enet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request NEWPORT BEACH FIDE DEPARTMENT March 23, 2005 John Suleski, Service Director Bayport Yachts 2530 West Coast Hwy. Newport Beach, CA 92663 Subject: Multiple Berthing - Bayport Yachts 2505, 2507 West Coast Hwy., Newport Beach Dear Mr. Suleski: I am in receipt of your letter dated March 11, 2005, regarding the issue of multiple berthing at the above subject property during the Lido Boat Show and the Newport Dunes Boat Show. Your correspondence states that during the Lido Boat Show, you will need to relocate five vessels from Lido Marina Village to Bayport's location on West Coast Hwy. This relocation will occur April 21, 2005 through May 3, 2005, and requires vessels to be multiple berthed. You further state that during the Newport Dunes Boat Show, multiple berthing will occur at Bayport's location due to the launching and haul out of currently dry docked vessels. The dates this will occur are April 19, 2005 through April 27, 2005 and again from May 2, 2005 through May 5, 2005. Our records indicate a recent inspection of this facility confirmed the Class II standpipe system was tested and certified. Fire extinguishers are located in each hose cabinet and been serviced and tagged. Your'request to temporarily multiple berth vessels due to the Lido and Newport Dunes Boat Shows is approved based upon the availability of fire protection consisting of a standpipe system and fire extinguishers. In addition to this fire protection, a 24-hour fire watch is required to be implemented commencing April 19, 2005 and concluding May 5, 2005. A fire watch involves the assignment of a person beyond normal staffing, to patrol the affected areas. This individual is required to remain in the compromised area at all times and have the equipment and information necessary to provide early notification of the fire department, begin evacuation of the area if necessary, and perform first aid fire fighting if safe and appropriate. This individual must know how to use the Class II hose station and a portable fire extinguisher. March 23, 2005 Special Event - Multiple Berthing Page 2 fire watch shall consist of: • One individual not assigned to normal or daily staffing. • Shall be assigned to walk the dock area where multiple berthing is present. • Shall be trained in fire department and occupant notification procedures. • Shall diligently watch for fire and take prompt action to extinguish same. • Shall have two-way communication to notify 911 of fire or emergency. • Shall perform rounds within the work or affected areas at a minimum of once per hour. • Shall maintain a log book documenting rounds and any ongoing fire/life safety activities during fire watch. Upon request, the log book shall be available for review by fire department personnel. • Shall not be required to perform any other duties than these specified. Keep this approval letter on -site during the times of multiple berthing. Please consider an alternative to this approval by relocating your vessels to available slips in the harbor, avoiding the need for multiple berthing. Attached is a list of marinas and anchorages in Newport Harbor for your reference. Thank you for your cooperation in continuing our efforts to achieve a fire safe harbor in Newport Beach. If you require assistance or have any questions feel free to call Nadine Morris at (949) 644-3105. Sincerely, Timothy Riley Fire Chief Enc. cc: Mark Murrel, VMA Mariners Mile LLC NEWPORT HARBOR MARINAS AND ANCHORAGES Name Address Phone Wah ..gifC1/F_Mail Clinc 28T Street Marina 2602 Newport Blvd. 949-673-3777 20 American Legion 215 15th Street 949-673-5070 www.a[291.com admin@al291.com 48 Ardeff Marina 2101 West Coast Hwy 949-642-5735 www.ardell.com 55 Balboa Bay Club 1221 W. Coast Hwy. 949-645-5000 www.balboabayclub.com 135 Balboa. Fun Zone Marina 610 E. Edgewater 949-675-2258 22 Balboa. Yacht Basin (City 829 Harbor island Drive 949-673-1761 www.city.newport-beach.ca.us/HBR Owned), 171 larcese ci .new ort-beach.ca.us Bayside Village/De Anza 300 East Coast Highway 949-673-1331 225 Bell!Port: Balboa Marina 201 E. Coast Hwy. 949-723-7781 www.bellportbalboamarina.com balboamarina@bellportgroup.com 132 BeflPort Bayshore Marina 2572 Bayshore Drive 949-723-7781 www.bellpoftbayshoremarina.com 134 bayshoremarina@beliportgroup.com 3effPortBayside Marina 1137 Bayside Drive 949-723-7781 www.belloortbaysidemarioa.com baysidemarina@bellportgroup.com 173 BeflPark Lido Dry Stack 101 Shipyard Way, Suite G 949-673-9330 www.fidodrystack_com lidodrystack@beliportgroup.com 264 Bell!Port Lido Yacht 101 Shipyard Way, Suite G 949-673-9330 www.lidovachtanchorage.com Anchorage lidoyachtanchorage@bellportgroup.00m 251 B'ell!Port Villa Cove 1099 Bayside Drive 949-723-7781 www.bellportviIlacovemarina.com Marina 42 villacovemarina@be►Iportgroup.com Bongos Marina 2130 Newport Blvd. 949-673-2810 10 Channel Reef Comm. 2525 Ocean Blvd., CDM 949-673-5020 Assn 8 Grows Nest 2801 West Coast Hwy, St 949-574-7600 260 Harbor Marina 3333 West Coast Hwy. 949-642-4644 16 Larson"s Shipyard 2717 West Coast Hwy. 949-646-5055 6 Lido Village Marina 3400 Via Oporto, Suite 104 949-675-8662 www.shoporangecountv.com/ lidomarina uno.eom 75 Newport Marina 919 Bayside Drive 949-760-0919 34 Newport Dunes Marina 101 N. Bayside Drive 949-729-1100 www.newportdunes.com marina@newportdunes.com 450 Port Calypso 2633 West Coast Hwy, Ste. 949-645-6900 Slips4rent@aol.com B 22 Sea Enterprises 632 315 Street 949-675-4639 6 Sheriffs Harbor Patrol 1901 Bayside Dr. 949-723-1002 South Shore Yacht Club 2527 West Coast Hwy. 949-646-3102 www.southshoryc.org info SouthShoreYC.or 25 Swafes Yacht Anchorage 2888 Bayshore Drive 949-548-1501 56 V<kings Port 2547 West Coast Hwy. 949-548-1202 4 Vista Del Lido 611 Lido Park Drive 949-675-6244 14 Revised January 26, 2005 March 11, 2005 Fire Chief Riley City of Newport Beach 3'00 Newpod Blvd Newport Beach, CA la2663 Dear Chief Riley: This letter is to request a temporary berthing psrrrfit daring Aprif le through May 5� This is the time frame of the two large boats shows occurring at Lido Village and the Newport Dunes. We currently have five customer boats berthed at Lido Village that and need to be displaced during the Lido Boat Show including the set up and move out dates. Our current plan is to move the boats to our rc, loCation at t Coast f-ts>sy Bayport Yachts is not participating in this event; and due to -' requirements of our lease, we are required to move the alcove mentioned vessels. We are anticipating having to relocate on April 21*1 being able to return on May S0. The vessels will be moored in accordance to the Uniform Fire Cade during the show elates of April 2r through May The Newport Dunes Boat Show, which we are attending, rams the same dates as the Lido show, During move in for the Dunes show, which will start April IG°', Bayport will be launching approximate ly+ nine vessels which are currently dry stocked on our properly. After the show ends on Sunday, May 1 , Bayport will be hauling out these vessels. The launching and haul out of this number of vessels will require a cart e iye�t€rtent in time and money, resulft in the need for additit l vessels to be moored in our slips atq j3a West Coast may. We are expecting to have the need to "stacked" vessels beer s April 1 e througliApril 27' and again from May 2n'through May 5� Attached is a diagram of our current slips, as well as our anticipated needs during the above dates. My understanding is that exceptions have been granted by the city for instances such as these. Bayport Yachts has taken measures to insure that we are compliant wah the cur. errs regulations, and have been in compliance since the beginning. 'hank you for considering our request, and please feel free to € ontact rr�-- with any questions or concerns you may have. Director -7-795(c;eellular) 2530 West Coast Highway e Newport Beach, CA 92663 (949) 631-0229 a Fax: (949) 631-5440 www.bayportyachts.com 03/18f2005 15:09 FAX 249 831 5440 BAYPORT-YACHTS 002/002 �. LE LE I v a,41' 'ki"ald AJI l IVAYklt or no j 41 pp on or Wi y � y E. �• �: ,00cx rV:f eo Ov ri V rT 7 h.l LJ ; I f7 THE MURREL COMPANY q R E A L E S T A T E C O R P O R A T I O N July 23, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Bayport Yachts 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up to your response letter dated July 7, 2004 regarding Multiple Vessel Berthing at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Enclosed is the revised Compliance Action Plan submitted to us from our tenant, Bayport Yachts. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company c5k* A-1� Shanna Reyes Associate Encl. Cc: Chris Miller 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CAL.IFORNIA, 92663 TEL 949 ° 722 ^ 1131 FAX 949 ^ 722 • 9244 Since 1987 gym, n Y A C H T S July 15, 2004 Bayport Yachts Revised Fire Action Plan In order to comply with the vessel berthing and fire code regulations, Bayport Yachts has developed the following action plan. We have recently acquired, at considerable expense, a lease for additional slip space. The new slips will accommodate 3 of our vessels which will be moored in compliance of the berthing regulations. In addition, we have 2 new slips at the Newport Dunes Resort which will accommodate up to 4 additional vessels. By utilizing these new slips, we will be able to reduce the number of vessels currently moored in our slips at 2439 W. Coast Hwy. We will additionally reduce this number through sales of these vessels. Once our plan is fully implemented, we will be in full compliance of the berthing requirements. The attached drawings show both our current situation and our planned arrangement. Please note that all vessels will easily be able to be removed without the necessity of moving another vessel. We are willing to consider any alternatives, or suggestions to help us comply with the fire code regulations. Please J ; el free to contact me with any questions or concerns. min Suleski Service Director 2530 West Coast Highway - Newport Beach, CA 92663 (949) 631-0228 - Fax: (949) 631-5440 www.bayportyachts.com p OP W-T Y LINE L-T � �XVt J� LIFT Fl M R, .10 rr, >4 NJ 4' "IN July 7, 2004 Shanna Reyes, Associate The Murrel Company 2439 West Coast Hwy., Suite 200 Newport Beach, CA 92663 Subject: 2439 W. Coast Hwy. Multiple Berthing Action Plans Permit Numbers HC2004-009, HC2004-010, HC2004-011 Dear Ms. Reyes: I am in receipt of your letter dated June 30, 2004, regarding the issue of multiple berthing occurring at the above subject property with three of your tenants. Pedigree Shipyard states in their correspondence that multiple berthing will need to continue. It is our understanding that vessels will be multiple berthed only during business hours and that a minimum of four employees will be present and available to remove exposed vessels immediately in the event of a vessel fire. After hours, all vessels will be arranged such that any vessel can be readily removed in an emergency without the necessity of moving other vessels. The diagram submitted shows that slip 4A will have an additional finger installed. A permit from the City's Building Department is required for this installation. Prior to obtaining this permit, please contact Chris Miller or Tom Rossmiller in Harbor Resources at (949) 644-3034 to obtain an application. This action plan is approved and required to be implemented by January 30, 2005. The correspondence received from Bayport Yachts and Hornblower Cruises states that multiple berthing needs to continue 24 hours a day. Multiple berthing of vessels during non -business hours will not be considered or approved. Multiple berthing will only be permitted during business hours and employees shall be trained to respond without delay and take appropriate measures to move exposed vessels in the event of a fire in the harbor. A revised action plan must be submitted and approved by July 31, 2004. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. SincereI , 0 Riley Fire Chief THE MURREL COMPANY p R E A L E S T A T E C O R P O R A T I O N June 30, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Hornblower 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up response to the dock inspection performed February 26, 2004 with the Harbor Resources Department at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Please find attached the Compliance Action Plan submitted to us from our tenant, Hornblower. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter any questions at (949) 722-1131 ext. 212. Sincerely, Please feel free to contact me with THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company C-5" A- ia. Shanna Reyes Associate Encl. Cc: Chris Miller 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAX 949 • 722 • 9244. NEWPORT BEACH OFFICE^"2,431 LAT. 31°-37'-10" N June 24, 2004 Fire Chief Tim Riley City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 6-0.855: FAX: 949-646-5914 RE: Permit No. HC2004-009, 2439 W. Coast Hwy., Action Plan for Berthing Issues. Dear Chief Riley: We reviewed the City's Inspection Report of our leased facilities (from VMA Mariners Mile LLC), dated. March 26, 2004 and offer the following steps to address the conditions identified in the report. BerthingIssues Multiple Berthing. While the report indicates, "vessels were parked in a manner that impeded removal of other vessels located at the dock", we note that there is only one slip where two vessels were moored bow to stern. The two (2) vessels in question are the MN Hornblower and Cabaret. Both vessels have a current Certificate of Inspection from the United States Coast Guard and have the following fire fighting equipment on -board. • In each engine room, a fixed fire system, • On each vessel, multiple fire extinguishers annually inspected, • On each vessel, a fire station. An inspection company reviews and certifies all fire equipment on an annual basis. In addition, all of our vessels moored at Mariners Mile are professionally managed and have trained staff on -board or immediately adjacent to the vessel moorings throughout any given week, including late night hours (primarily Thursday— Sunday). We propose the following new strategies to resolve the observed condition. 1. Alarm and monitoring system. Install motion sensitive, pan -tilt -zoom cameras along the waters edge of Mariner's Mile monitoring all Hornblower vessels while in dock. The cameras will be IP controlled and remotely monitored by either Hornblower staff or a private security company. Cameras will be linked to fire detection equipment and intrusion alarms on all vessels. A triggered alarm will be ............................................................................................................................................................................................................................................................................................................................................ SAN FRANCISCO BERKELEY MARINA DEL REY NEWPORT BEACH SAN DIEGO directed at a professionally trained, designated staff person who will be dispatched to address the situation. A second alarm could be directed to the City of Newport Fire Department. 2. Automatic sprinkler systems. Install an automatic sprinkler system on both the M/V Hornblower and Cabaret (the two vessels moored in one berth, bow to stern) to insure an immediate, automatic response to any indication of a fire. System will be monitored and tested on an annual basis. Chief Riley, please let me know if we can provide any clarification or additional information on this proposal. Thank you for your consideration in this matter. ginsincrely, ongno Vice President & General Manager Hornblower Cruises & Events Greater Los Angeles & Orange County Cc: Tom Rossmiller, Harbor Resources Department Mark Murrel, The Murrel Company lu { a t% tdk7 , i.r ryr'rpp rd P'n�l t I S '✓�M1 �:�'Y...Iwti ' o :bu"c. � 4 f', THE MURREL COMPANY A R E A L E S T A T E C O R P O R A T I O N June 30, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Pedigree 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up response to the dock inspection performed February 26, 2004 with the Harbor Resources Department at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Please find attached the Compliance Action Plan submitted to us from our tenant, Pedigree. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prompt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company Shanna Reyes Associate Encl. Cc: Chris Miller 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAX 949 • 722. • 9244, kv ate\ { 4r oS ) •� '40 'tpF` •i' fa •'C k k �d`f J ; Y,4\'t.�2 w wr ti i� ,' +. ♦ S•.\\\ ti� ,�;�"\`'".. +G`ta 4` ti,.'��• ec� uvh�`stA{'�`,�,ro`s, c �}sr <� v. er `•J �( fitiSt Cam\ �ti•\ } },\C Caw v• f h ,,iL• �',, �4^, .::�\\Ah`,}`�:Vi„ •¢i` �` i., e.'�KG�kSC�..v�:Nv .�.5 :.Yds4' � � . .�l•'• ''.'..\ypi .�:' ,.. k�1r:i •Ati•.v:: h"". f�.":.'�:. � .::I. \ '. . FIRE CODE COMPLIANCE FOR PEDIGREE SHIPYARD BOATS WILL BE DOCKED PER THE ATTACHED DIAGRAM. ALL HIGHLIGI ITED AREAS WILL REMAIN OPEN AND AVAILABLE FOR ACCESS AFTER BUSINESS HOURS. DURING BUSINESS HOURS STACKED BOATS MAY OCCUR FOR BRIEF PERIODS OF TIMES, IF THIS WERE TO OCCUR THE BOATS WOULD BE ATTENDED. AT ALL TIMES AT LEAST FOUR EMPLOYEES WILL OCCUPY THE PREMISE TO MAINTAIN A PRESENCE AT THE BOATS. NEVER WOULD A VESSEL BE LEFT UNATTENDED. NEVER WOULD A VESS L BE LEFT 57,7(.'KI:D OUSIDE OF OUR BUSINESS HOURS. Exhibit 4 Of 4 r'PIE MURREL COMPANY A R E A L E S T A T E C 0 R P O R A T 1 0 N June 30, 2004 Chief Tim Riley City of Newport Beach Fire Department 3300 Newport Blvd Newport Beach, CA 92662 Re: VMA Mariners Mile, LLC / Bayport Yachts 2439 W. Coast Highway, Suite 200 Newport Beach, CA 92663 Dear Chief Riley: Please have this letter serve as a follow up response to the dock inspection performed February 26, 2004 with the Harbor Resources Department at the above referenced location. We are currently correcting any deficiencies noted and identifying any clarification for items on the dock inspections report. Together with our tenants we are working towards a safe and code compliant marina facility. Please find attached the Compliance Action Plan submitted to us from our tenant, Bayport. Yachts. Please review the submitted action plan and provide us with written confirmation that this action plan will satisfy harbor fire code requirements. We appreciate your prom pt pt attention to this matter. Please feel free to contact me with any questions at (949) 722-1131 ext. 212. Sincerely, THE MURREL COMPANY, a California corporation as authorized agent for VMA MARINER'S MILE, LLC, a California limited liability company Sharma Reyes Associate Encl. Cc: Chris Miller 2439 WEST COAST Hwy SUITE 200 NEWPORT BEACH CALIFORNIA, 92663 TEL 949 • 722 • 1131 FAX 949 • 722 • 9244 Since 1987 r Y A C H T S i REt'LtM MAY z s As one of the largest yacht dealers in Southern California, Bayport Yachts depends on having a large number of new vessels in stock and ready to demo. Without sufficient inventory on hand and available, our business, and the tax revenue created by our sales, would surely suffer. As we all are aware, slips in Newport Harbor are increasingly scarce. Due to this, we rely on the slips which we lease from the Murrel Company (2439 West Coast Highway) The vessels in our slips are routinely changed, as they are sold and new stock arrives. Since no time frame is available on how long a vessel is moored in our slips, it becomes difficult to create a plan to accommodate them. It is our intent to file for a waiver of the City of Newport Beach multiple berthing requirements. The following items must be taken into consideration before a decision is made regarding the multiple berthing regulations: 1. Every vessel in our slips is equipped with an automatic fire suppression system. 2. Each vessel has a minimum of 2(according to Coast Guard regulations) hand held fire extinguishers mounted on board. 3. 80% of our vessels are diesel powered, which is considered a minimal fire risk. 4. None of our vessels are more than 4 years old, and each is professionally maintained by our staff of trained technicians. 5. All necessary engine keys are kept aboard each vessel to facilitate in it's movement. 6. All entry door keys to each vessel are kept in one central location, with 24 hour access. 7. Our offices are staffed 7 days a week, and our vessels are checked on a daily basis. 8. Fire fighting equipment (i.e. extinguishers and hose lockers) is readily available on each one of our finger piers. 9. Our service staff is on -call and available 24 hours a day/7 day a week. We are willing to consider any alternatives, or suggestions to help us comply with the fire code regulations. Director 2530 West Coast Highway • Newport Beach, CA 92663 (949) 631-0228 a Fax: (949) 631-5440 www.bayportyachts.com � r,EvvPoR� Ce 1-1 F012 CITE' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 16, 1998 Murrel Management Company 833 Dover Drive, Suite 14 Newport Beach, Ca 92663 Attention: Jackie, regarding transfer of pier permit CP12925051 Dear Sirs: Regarding the transfer of the pier permit for the above property at 2429-2507 West Coast Highway, re -inspections has verified that the pier meets City standards. The permit will be transferred to VMA Mariners Mile, LLC. Should you require additional information in regards to this matter, please call 644-3043. Sincerely, Wes Armand Marine Environmental Management 3300 Newport Boulevard, Newport Beach ClnecwNE, v/V �OPr BEACH PeOJECT o � 11 I it-/2 II �I I I �I � I 0 C a sst r,tt I-J0,2JZ - / ��_ SO - 24 I wstr �trrr «� li VICINITY SKETCH L-CX157 BOT rD/vl -35 N e wiowr DAY, CAL IFOAMIn y! � s �srrr T lk ��C` 1ON �' SOC/np�inys ors erpiessed �n �i� and d�nofe dipf�+s below Mewrl Gowt� Low Wof�r. ,Nor,wsi.► ro.+q� of �idc oprrox/n�p�l�/y /O firef. Hor6ar /riles ore esdob/isb+d to ��+is . secl'�ior of'Newpaf 6oj; 1% 3 LIA T iP1L!2S' - `� II SOATSt� A/1,! S S. S, Y. C • I Z II X/ST LI tiv II II LdC.�IL,E� -I NN El p i EX/ST I ( I I I �l I /2' S I II 130, I I $ I I I 3 1' I II I 4/ ` s I /7' I( — `— — II I I I U. S. P/EQHL"AD &NL f-To v S. /2,9 P.eoPOSL D NL--w DOCKS To v, s, /-?o -Bo- 0 40 60 Ho l !L L 70AC71 919 L/�AwTS 243 L o ../oe AOD�fSS=WPD/�T L=ACN C,461 OR,,V1,4 Co,vrr�Cra�r�r�urwElN OA7- ��lS�! OjFBEACH HOR ARS gat �y, AN ry�CC T AT HE S ITO. f THE HA A NY RIGHTS COU 41 OAI a+ S: GJF Y.• ; �I ... F � �'L v^ rY aJ`�A �9w �sta Ih71 Bill" !4..,.31. � SiTi�cy,' Spy " Ir'v',yrc orc!'n"ve courif.y krilait � - other HARBOR PERMIT APPLICATION (Please print all information) Q 1. Applicant (Property Owner) -Address, , Telephone 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance �1/ Dredging 4. Fee 95-/ Check No. Date 5. Brief Description of Proposed Work: /%' ,/��j��iy�✓6— /P®,GS' 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines./ 4). Location of channel markers within 200 feet. /� ✓/" 5). Lot sizes and lut numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. .of the property is the applicant. 11).Drawing size shall be 8 - 1/2" x 11". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. x 7. Owner -Builder Declaration must be comple d ( reverse side of this sheet) q 9 8. Applicant's/Agent's Signature l ate: 7- /.b Joint Permittee Signature (If appli ble)• Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the NewportBeach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Date Approval'of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date —- Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date/ Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, _.provided that such improvements are not intended or offered for sale. If,, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). v� I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature:A Contractor: Address: License class: State Board No. License Contractor's Declaration Date: Telephone: I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signature Date: t BUYER'S NAME IMA Mariners Mile, LLC A D S OF FACILITY: - 2507 W. Coast PERMIT# w New ort Beach P12925021 q LINAADDRESS e e �iVeeAs4261j T P E NO. FEE 131 CHECK NO. DATE _pZS APPROVED BY: DATE - 7 24 8 APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT ocHD ❑ Newport Bay VMA Mariners Mile, T.T.[' _ ENG ❑ n SELLER'S NAME(S) BUYER'S NAMED (ABOVE NAMES TO BE TYPEY, - -- - COUNCIL ❑ - r j' PUBLIC WORKS ❑ - RE OF B ER SIGNATURE OF SELLER ' SIG AT DEPT. - - ESCROW ❑ SIGNATURE OF SELLER SIGNATURE OF BUYER - INSPECTTION ❑ SIGNATURE OF J T WNER 1 /J APP C ON ROVE (DATE) 1�"i6-lam - SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL 17 OR THE MUNICIPAL CODE IN ACCORDANCE WITH TITLE CITY OF - NEWPORT BEACH, CALIF. - - i - WX FORM 66-1013 Rev. �° �, r. ol r, is August 6,1998 The Murrel Company 833 Dover Drive Newport Beach, Ca 92663 RE: Pier Permit for piers and docks bayward from 2429-2507 West Pacific Coast Highway, Newport Beach Sirs: The City of Newport Beach Fire and Marine Department has received a request to transfer the pier permit for the above -mentioned property. The facility was inspected on August 5,1998. We cannot transfer the pier permit until the following deficiency has/have been corrected and we have been notified of the corrections: 1. The eastern -most finger in front of the HornBlower Dinning Yachts has an electrical service disconnect that does not meet code. This must be replaced or removed. The work must be done by a Building Department permit and requires an inspection. 2. All cold water pipes running onto the docks must be bonded. 3. The fire hose cabinets must be serviced (certified) including a flow check. All hardware should be checked. 4. The Fire Department standpipe at 2507 needs to be flowed and certified. There must be a sign on the standpipe indicating that it is a fire department connection and include the addresses it services. Please advice this department when the above deficiencies has/ been corrected. Call 714-644-3043 to request a re -inspection. Sincerely, Wes Armand Fire and Marine Department, Environment Management Division. THE MuRREL COMPANY A R E A L E S T A T E C O R P O R A T I O N July 27, 1998 Mr. Wes Armand Marine Environmental Management City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Pier Permit No. CP12925021 Dear Mr. Armand: Please find enclosed our information to transfer the above referenced pier permit to the new owners of 2429 — 2507 Pacific Coast Highway. Along with our permit card I have enclosed the certification of transfer, which has been signed by the previous owner, and a check for $362.00 for the transfer fee. Thank you for your help with this matter. If you have any questions please give me a call at (949) 722-1131. Sincerely, THE MURREL COMPANY, a California Corporation as authorized agent for VMA MARINER'S MILE, LLC Jackie Seki Financial Analyst 833 DOVER DRIVE SUITE 14 NEWPORT BEACH CALIFORNIA, 92663 TEL 714 • 722 • 1131 FAx 714 • 722 •9244 July 6, a998 Murrel Management Company 833 Dover drive, Suite 14 Newport Beach, Ca 92663 Attention: Jackie Here is the information regarding the transfer of pier permit CP12925021 for the piers and docks bayward from 2429-2507 West Coast Highway. As indicated in enclosed information, to start the transfer a pier inspection is required. The fee for the transfer of the permit is $326. To start the transfer process, please remit the transfer fee with a written request to transfer the permit from the former owner to the current owners, with the name of each party. If you require additional information in regards to this matter, please call me at 644-3043. Sincerely, 6a,-- Wes Armand Marine Environmental Management n� 05185I1998 09:21 May 5, 1998 7147229244 TMC NB VISTA/MURREL & ASSOCIATES Mr. Tony Melum Deputy Chief Marine Environmental Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Mariners Mile Marine Center. Newport Beach, C.A.. Dear Tony: PAGE 82 Z ► -7,S As we have discussed, Vist".urrel & Associates (" VMA") is in escrow to purchase the above referenced property in the City of Newport Beach. VMA is interested in continuing our discussions with the City of Newport Beach ("City") regarding the potential long term ground lease of the tidelands area which is leased to the current property owner, Newport Bay Group, under an annual tidelands permit. Pursuant to our conversation yesterday, the City wrill be providing VMA with a list of three approved appraisers which VMA will contact for preparation of an appraisal of the subject property's boat slips. The appraisal will be contracted and paid for by VMA, and, prior to the appraiser commencing the report, the City and VMA will meet with the appraiser to discuss the project and clarify the requested parameters of the report. In addition, to this process, we have reviewed the proposed BCYC lease and have several cormuents which we will address with you at a later date. In the meantime, please forward a copy of the proposed language ohanges contained within the draft "Lido Village'' tidelands lease in order to assist us in preparations of our comments on the lease doemnent. VzsTn / MvRTtEL & AssrxiKo s 833_DOvvt VRIvr, Sutra14 NE%%TORT $EArH, CA 92663 TEL: 714 ' 722 ' 1131 FAx: 714 722 9244 VISTA I MURREL & ASSQCIATE5 2295-A MNAissmct, DRIVE LAS VEc.as, NYvAvA 89119 TY.L: 702 ' 796 ` 7970 FAX: 702 ` 798 • 1029 C15 / 05 / 1998 09: 21 7147229244 TMC NB PAGE 03 Letter to Mr. Tony Melum May S, 1998 ]Page 2 We anticipate closing escrow on the property in June, 1998 and look .forwaxd to expediti.11Z this process �Aidi your, department in the weeks ahead. Sincerely, V]ST.h.A, RJRREL & ASSOC lA S Mark G. Mwrel Manager NEWPORT BEACH FIRE AND MARINE DEPARTMENT March 4,1998 Mr. Mark Murrel Vista Murrel Associates 833 Dover Drive, Ste.14 Newport Beach, CA 92663 Re: Mariner's Mile Marine Center Dear Mr. Murrel: The existing slips bayward of the above property could be leased to non -tenants of the site as long as there was either compliance or a waiver of the City Council's Harbor Permit Policies. Currently, compliance would require that there be men's and women's restrooms available for dock tenants and that the site provide the required parking. Waivers have been granted to yacht brokers and boat dealers when the vessels berthed were for sale only. In regards to parking at the City municipal lot, it is my understanding that the Planning Department is approving in certain cases, off -site in lieu parking and this could possibly solve the problem if there is no available parking on the Mariner's Mile Marine Center site. This should be verified through the Planning Department. I hope this answers your questions and if I can be of any further assistance, please give me a call at 644-3041. Sincerely, Tonyyum Deputy Chief Marine Environmental Division VISTA / MURREL & ASSOCIATES May 5, 1998 Mr. Tony Melum Deputy Chief Marine Environmental Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Mariners Mile Marine Center Newport Beach, CA. - Dear To-ny_*- - - - -- -- As we have discussed, Vista/Murrel & Associates ("VMA") is in escrow to purchase the above referenced property in the City of Newport Beach. VMA is interested in continuing our discussions with the City of Newport Beach ("City") regarding the potential long term ground lease of the tidelands area which is leased to the current property owner, Newport Bay Group, under an annual tidelands permit. Pursuant to our conversation yesterday, the City will be providing VMA with a list of three approved appraisers which VMA will contact for preparation of an appraisal of the subject property's boat slips. The appraisal will be contracted and paid for by VMA, and, prior to the appraiser commencing the report, the City and VMA will meet with the appraiser to discuss the project and clarify the requested parameters of the report. In addition to this process, we have reviewed the proposed BCYC lease and have several comments which we will address with you at a later date. In the meantime, please forward a copy of the proposed language changes contained within the draft "Lido Village" tidelands lease in order to assist us in preparation of our comments on the lease document. VISTA / MURREL & ASSOCIATES 833 DOVER DRIVE, SUITE 14 NEWPORT BEACH, CA 92663 TEL: 714 • 722 • 1131 FAx: 714 • 722 • 9244 VISTA / MURREL & ASSOCIATES 2295-A RENAISSANCE DRIVE LAS VEGAS, NEVADA 89119 TEL: 702 • 798 • 7970 FAx: 702 • 798 • 1029 Letter to Mr. Tony Melum May 5, 1998 Page 2 We anticipate closing escrow on the property in June, 1998 and look forward to expediting this process with your department in the weeks ahead. Sincerely, iVISTA/MURREL & ASSOCIAT S G. Murrel Manager Marinas • Gary Vogt •Dave Riach • Bill Hansen/Dick Fuller • Ron Laurain Commercial/ Residential • Peter Finnerty • Kurt Goeppner • Bill Hansen/Dick Fuller • Harris Realty Advisors • Nancy Mueller • Paul Quintiliani • William Shrewsbury • John Slagle • Chuck West • Steve White SOURCE: Bill Price, County of Orange Gwen Parker, Long Beach APPRAISERS 949/489-8029 (San Juan Capistrano) 714/634-8070 949/675-5787 (Newport Beach) 562/426-0477 (Long Beach) 949/752-9323 (Newport Beach) 714/847-3030 (Huntington Beach) 949/675-5787 (Newport Beach) 949 / 851-1227 (Newport Beach) 949/476-7004 (Newport Beach) 949/252-7570 (Irvine) 949/476-8277 (Newport Beach) 760/753-7070 (Encinitas) 949/951-5263 x101 (Laguna Hills) 714/738-1595 (Anaheim) 714/834-2571 562/570-3207 C:HICAGO TITLE COMPANY M 16969 VON KARMAN, IRVINE, CA 92606 (714)263-0123 Fax (714)752-8043 CERTIFICATION OF NON -FOREIGN STATUS BY INDIVIDUAL TRANSFEROR (S 1445) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon my disposition of a U.S. real property interest, I/WE NEWPORT BAY GROUP, LTD. and c/o Robert S. Schrimmer, General Partner hereby certify the following: The real property interest being transferred by me consists of an interest in the real property commonly known as: 2426, 2431, 2439, 2505, 2507 West Coast Highway Newport Beach, CA 2. 1 am not a nonresident alien for purposes of U.S. income taxation. My U.S. tax payer identification number (Social Security Number) is: /4. My home address is: I understand that this certification maybe disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here could be punished by fine, imprisonment, or both. UNDER PENALTIES OF PERJURY I DECLARE THAT I HAVE EXAMINED THIS CERTIFICATION AND TO THE BEST OF MYKNOWLEDGE AND BELIEF IT IS TRUE, CORRECT, AND COMPLETE. Dated: -Z Ao ig NEWPORT BAY GROUP, LTD. a California Limited Parnership BY: —�L�-�SBy: ' Robert S. Schrimmer Donald J4aespar�� General Partner general Partner NOTE: For further information furnished concerning the form of this certification, see Temp. Reg 1.1445-T(b), (2). CONFS--07/20/56bk NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 25, 1997/ i Hornblower Dining Yachts 2431 West Coast Highway Newport Beach, Ca 92663-1779 Re: Vessel Entertainer on June 18, 1997 Sirs: Hornblower Dining Yachts is operating under a Commercial Harbor Activity Permit administered by the Fire and Marine Department. The permit was approved by the Newport Beach City Council subject to sixteen conditions. The OranVe County Sheriff Harbor Department has advised this office that on June 18, 1997, the vessel Entertainer was conducting a charter at 3:22 A.M. and had to be warned by the harbor patrolman to turn down the volume on the music. The was in response to a citizen complaint. Condition 3 of the above mentioned permit requires all Hornblower vessels to return to the dock no later than 11:00 P.M.on weekdays. Condition 4 specifies that sound amplification be enclosed within the vessel and it be operated so they cannot be heard for more than 50 feet from the vessel. This letter is intended to remind your staff that any permit issued pursuant to Chapter 17 of the Newport Beach Municipal Code may be revoked for violations of any law, rule or regulation of the City of.Newport Beach, or if the commercial activities of the permittee adversely affect the welfare of those who own property near the water of Newport Beach. If you require additional information or wish to speak to someone in regards to this matter, please call Tony Melum or Wes Armand at 644-3044. Sincerely, Wes AYman Harbor Inspector CC: Tony Melum, Deputy Chief Glen Everroad, Revenue Manager Captain Dave Mann, OCHD �W POST ° CITY OF NEWPORT BEACH u ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C"q</ Fo RN'�P October 27, 1994 Hornblower Dining Yachts Gary W. Seabrook Mariners Mile Marine Center 2431 West Pacific Coast Highway 'Suite 101 Newport Beach, CA 92663-1779 Re: Your letter of September 12, 1994 Dear Mr. Seabrook: Your current permit authorizes 446 passengers from the site at 2431 West Pacific Coast Highway on the following vessels: Newport Hornblower Zumbrota Hornblower Lady Hornblower Spike Africa As I mentioned in the letter to you on April 21, 1994, Hornblower was originally permitted 512 passengers, that number was eventually increased to 561 passengers, and then reduced to 446 passengers in 1991. We would not be able to increase your passenger count above 561 without going back to the City Council. However, we would have no problem in changing the vessels that you currently wish to operate out of the site, as long as the passenger capacity of 561 is not exceeded. At your request, we are substituting for those vessels listed above, a new vessel list, as submitted in your letter of September 12, 1994, to include: Entertainer 350 passengers Wild Goose - 150 passengers Lady Hornblower- 49 passengers Cabaret Hornblower- 50 passengers 599 Total 3300 Newport Boulevard, Newport Beach Based on the information submitted by you, these vessels could accommodate a total capacity of 599 passengers. It is my understanding that your use of this mix of vessels will never exceed 561 passengers during any given charter sequence, and if vessels are used other then those listed above, or if you exceed the 561 passenger count, it will be necessary for you to acquire a special events permit. In addition to the above, I indicated to Linda Mongno that I would like an update of parking available to your operation, both onsite and offsite, times of day and days of the week. As regards offsite parking, we need to know the type of agreement that secures the parking, such as a long term lease. As you know, one of the major issues with the charter business is parking. It is going to be important for Hornblower Dining Yachts to keep detailed records so that the Marine Department Staff can review those records, and be assured that you are"complying with the commercial harbor activities permit in providing parking for the passengers that you are taking from the site. It is my understanding that you are currently working with the Revenue Department to prepare record keeping that will be used to reimburse the City for the marine charter tax, and it would be our hope that our requirement as far as record keeping could be satisfied in the same manner, so that there is no additional record keeping needed to be done by Hornblower Dining Yachts. Two last points need to be emphasized: 1. If vessel services are offered to the general public (per head charters), parking must be pro- vided on site, and the ticket or agreement with the charterer must so state. 2. All your new vessels must be berthed in compliance with Section 21-B of the Harbor Permit Policies, -which states: "Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock or float." If you have any questions regarding the above, please give me a call at (714) 644-3044. Sincerely, 01 Tony Melum Acting Marine Director Mariners Mile Marine Center 2431 West Pacific Coast Highway Suite 101 Newport Beach, CA 92663-1779 714/646-0155 Fax 714/646-5924 Fisherman's Village 13755 Fiji Way Marina del Rey, CA 90292 Y HORNBLOWER D I N I N G Y A C H T S 310/301-6000 Fax 310/822-0881 MR. GLEN EVERROAD 9/12/94 MR. TONY MELUM CITY OF NEWPORT BEACH Berkeley P.O. BOX 1768 NEWPORT BEACH, CA., 92658 DEAR GENTLEMEN;, A NUMBER OF LETTERS HAVE BEEN WRITTEN BETWEEN OUR OFFICES DEALING Long Beach WITH THE ISSUE OF COMMERCIAL HARBORACTIVITIESPERMITS FOR THE HORNBLOWER VESSELS OPERATING IN NEWPORT HARBOR. THE ISSUE ARISES FROM THE FACT THAT SEVERAL BOATS INCLUDED UNDER EARLIER PERMITS HAVE BEEN EXCHANGED FOR * OTHERS WHICH ARE NOT CURRENTLY COVERED. THIS REQUIRES US TO APPLY FOR AN EVENT PERMIT FOR EACH SAILING. A LOT OF TIME IS SPENT BY BOTH OFFICES TO GENERATE AND PROCESS THE PAPERWORK AND IS, I ASSUME, A TASK WE WOULD ALL Los Angeles LIKE TO DISPENSE WITH. ACCORDING TO MR. MELUM'S LETTER TOME OF 4/21/94, OUR PERMIT ALLOWED * FOR A MAXIMUM 561 PASSENGERS AT ONE TIME. THE CURRENT REVISION IS FOR 446._I WOULD LIKE TO SUGGEST THE FOLLOWING: Marina del Rey A. INCLUDE "ENTERTAINER" IN THE ACTIVITY PERMIT FOR 350 PASSENGERS AND REQUIRE A SPECIAL PERMIT FOR NUMBERS GREATER THAN THAT. PLANNED PARKING - TO BE INCLUDED IN THE PERMIT APPLICATION. B. INCLUDE "WILD GOOSE" AT 150 PAX. C. INCLUDE "LADY HORNBLOWER" AT 49 PAX. D. INCLUDE "CABARET HORNBLOWER" AT 50 PAX. SPECIAL PERMIT FOR ANY Newport Beach GREATER NUMBER. * BOTH "ENTERTAINER" AND "CABARET' ARE ALLOWED GREATER NUMBERS BY THE COAST GUARD BUT THOSE GIVEN ABOVE ARE THE PRACTICAL LIMITS OF THOSE VESSELS. `PHIS IS A TOTAL OF 599 GUESTS, 38 MORE THAN PREVIOUSLY PERMITTED, San Diego AND A LIMIT ONLY VERY RARELY REACHED. I BELIEVE WE CAN DEMONSTRATE ABILITY TO PROVIDE PARKING APPROPRIATE FOR 599 GUESTS AFTER BUSINESS HOURS AND WOULD HAVE TO RELY ON MASS TRANSPORTATION AT OTHER TIMES. San Francisco THANK YOU FOR COOPERATION. SIN RELY Seattle GAR W. SEABROOK DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 August 10, 1994 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 SUBJECT: NOTICE TO PROCEED (No. 94-914-BH) Dear Mr. Melum: /%—�z5O5- Reference is made to your letter dated July 21, 1994 in which you submitted on behalf of Hornblower Dining Yachts at 2431 West Pacific Coast Highway, a notification for the maintenance dredging of 88 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on an adjacent beach disposal site. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89-211-GS provided that Hornblower's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, John A. Gill Chief, Regulatory Branch CITY OF NE PORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 21, 1994 Gary Seabrook Operations Manager Hornblower Dining Yachts 2431 west Pacific Coast Highway Suite 101 Newport Beach, CA'92663-1779 Re: Your Letter of April 10, 1994 Dear Mr. Seabrook: Reviewing the Commercial Harbor Activities Permit issued to Hornblower Dining Yachts, the permit for your operations was the result of a Staff Report to the City Council on May 23, 1988. That particular Staff Report indicated to the Council that the total vessel capacity for your vessels was 512 passengers and crew. Subsequent to that Staff Report, the file suggests that at a staff level the number of total passenger capacity was raised to 561 passengers for vessels berthed and operated at the site under the Commercial Harbor Activities Permit. More recently, in conversations and correspondence with David Paul, the number was reduced to 446 passengers. That number was agreed upon in 1991, and it reflected the following vessels: 1. Newport Hornblower - 150 2. Zumbrota - 150 3. Hornblower - 62 4. Lady Hornblower - 49 5. Spike Africa - 35 TOTAL - 446 Again, this number was agreed upon after conversations with members of the Hornblower Dining Yachts and the City of Newport Beach Marine Department after an in-depth review of parking that was available on the site. 446 passengers is the current allowable passenger capacity and can be allocated to which ever vessels you prefer upon notice to the City. In establishing vessel capacity, we would have to rely on the Coast Guard Certification and do not make a distinction between the Coast Guard max and the real max. As far as we're concerned, 3300 Newport Boulevard, Newport Beach the Coast Guard max is the figure that we work with. If you wish to discuss this matter further, please contact Wes Armand, Harbor Inspector, at 644-3044, and we will be happy to meet with you at any time to discuss the situation at the site, and the potential options for Hornblower Dining Yachts. Sincerely, Tony Melum Deputy Director tmhorn2.1tr Mariners Mile Marine Center 2431 West Pacific Coast Highway Suite 101 Newport Beach, CA 92663-1779 714/646-0155 Fax 714/646-5924 Fisherman's Village 13755 Fiji Way Marina del Rey, CA 90292 310/301-6000 Fax 310/822-0881 oksoft Li 04 HORNBLOWER D I N I N G Y A C H T S MR. TONY MELLUM 04/10/94 Berkeley NEWPORT MARINE BUREAU PO BOX 1768 NEWPORT BEACH, CA. * 92658 Long Beach DEAR MR. MELLUM, THANK YOU FOR TAKING THE TIME TO MEET WITH ANTHONY WRIGHT, MY ASSISTANT IN NEWPORT BEACH, DURING HIS VISIT TO YOUR OFFICES LAST WEEK. * I.AM SURE YOU WILL FIND HIM TO BE A DILIGENT, SINCERE AND RESPONSIVE CONTACT WITH OUR ORGANIZATION. I AM ENCLOSING COPIES OF THE CERTIFICATES OF INSPECTION AND FEDERAL Los Angeles DOCUMENTATION FOR THE THREE VESSELS REQUIRING PERMANENT STATUS; "ENTERTAINER", "WILD GOOSE" AND "CABARET HORNBLOWER". WE ARE PLANNING TO MOVE "HORNBLOWER" TO MARINA DEL REY THEREFORE OUR CAPACITY WOULD CHANGE * AS FOLLOWS: REQUESTED USCG MAX " REAL" MAX Marina del Rey PREVIOUS LADY HORNBLOWER 50 35 LADY HORNBLOWER 50 * CABARET HORNBLOWER 80 50 HORN SLOWER 50 WILD GOOSE 150 100 ZUMBROTA 150 ENTERTAINER 575 300 NEWPORT HORNBLOWER 150 Newport Beach TOTAL 855 485 SPIKE AFRICA 50 TOTAL 450 PLEASE NOTE THAT I HAVE DIFFERENTIATED BETWEEN U.S.C.G. ALLOWABLE * MAXIMUM NUMBERS AND "REAL" MAXIMUMS, WHICH REPRESENT MORE REALISTIC LOADING OF THE VESSELS. ALSO, PLEASE NOTE THAT PREVIOUS VESSELS PERMITTED IN NEWPORT HAVE INCLUDED " PACIFIC HORNBLOWER" OF 260 PERSON CAPACITY. San Diego ADDITIONALLY, WE HAD CONSIDERED RETAINING THE LARGER "LORD HORNBLOWER" (750 PASSENGERS) IN NEWPORT HARBOR BUT HAVE COME TO BELIEVE THAT "ENTERTAINER" IS A MORE APPROPRIATE VESSEL FOR THE LOCATION. * WE HAVE EXAMINED THE QUESTION OF REDUCING THE DISTANCE "WILD GOOSE" EXTENDS INTO THE CHANNEL BEYOND IT'S DOCK AND BELIEVE WE CAN COME WITHIN YOUR REQUIRED TOLERANCES BY MOVING FORWARD IN THE SLIP. San Francisco I LOOK FORWARD TO FURTHER DISCUSSION WITH YOU. G YSEABROOK Seattle OPERATIONS MANAGER IPO CITY OF NEWPORT BEACH P.O. BOX 1768, haEWPORT BEACH, CA 92658-8915 April 5, 1994 Jim Evans c/o Newport Bay Group Limited 2439 West Coast Highway #203 Newport Beach, CA 92663 Re: Harbor Permit 129-2431 and 129-2505 Dear Mr. Evans: The annual Commerical Pier Permit fee for the above two permits is seriously in arrears. As we had discussed earlier, you were going to attempt to make payments on the debt to bring it current, however, that has been unsuccessful. We now have no alternative but to turn this matter over to our CiUty Attorney for follow-up. Currently, the amount owed is the fee for 1993 minus the payment that you made on both permits, and the fee for 1994, for a grand total of $7,510 for Permit 129-2431 and $7,510 for Permit 129-2505. If you have any questions regarding the above, please contact me at (714) 644-3044. Sincerely, Tony Melum Deputy Director TM: la cc: Laura Stitt-Sheedy City Attorney's Office tmevans3.1tr 3300 Newport Boulevard, Newport Beach EWPa ° CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cqU FOAN�P January 24, 1994 Newport Bay Group, Ltd. James L. Evans President, Turnstone Corporation 2439 West Coast Highway Newport Beach, CA 92663 Re: Pier Permits #0129-2505-1 and #0129-2431-1 Dear Jim: We are in receipt of your two checks for $1,000 each for the above two permits. Currently, for the year 1993, there is a balance owing on Permit No. 0129-2502 of $3,776, and a balance owing on Permit No. 0129-2431 of $3,776, which includes penalties. The City is painfully cognizant of the recessionary pressures that have had a major impact on most businesses within Newport Beach and is doing everything it can to ease that burden in ways that are available to the City. However, I believe that it is premature to discuss discharge of the late penalties prior to the bills being brought current for 1993. If you wish to discuss this matter with me further, please give me a call at (714) 644-3644. Sincerely, Tony Melum Deputy Director tmavane2.1tr TM: la 3300 Newport Boulevard, Newport Beach NEWPORT BAY GROUP, LTD. 2439 WEST COAST HWY. NEWPORT BEACH, CA 92663 December 28, 1993 Mr. Tony Melum Deputy Director City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Pier Permits #0129-2505-1 #0219-2431-1 Dear Tony: As I discussed in my pervious letter to you, the currently weak economy has placed a severe financial burden on us. We at the Mariner's Mile Marine Center experienced losses on the order of $350,000 per year for the previous two years. As you can understand these shortfalls have absolutely affected our cash flow along with our ability to stay current on our payables In my last letter I mentioned that we were in the process of restructuring our debt. This effort has been accomplished and we now have the ability to begin targeting funds toward the above referenced pier permits. I also mentioned that we would be able to pay $1,000 per month against the balance. We would request that the City accept this payment plan and discharge any late penalties if at all possible. Thank you for your consideration in this matter. Pe ely, L. Evans President, Turnstone Corporation General Partner, Newport Bay Group, Ltd. NEWPORT BAY GROUP, LTD. 2439 WEST COAST HWY. NEWPORT BEACH, CA 92663 C(apy December 28, 1993 Mr. Tony Melum Deputy Director City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Pier Permits #0129-2505-1 #0219-2431-1 Dear Tony: As I discussed in my pervious letter to you, the currently weak economy has placed a severe financial burden on us. We at the Mariner's Mile Marine Center experienced losses on the order of $350,000 per year for the previous two years. As you can understand these shortfalls have absolutely affected our cash flow along with our ability to stay current on our payables. In my last letter I mentioned that we were in the process of restructuring our debt. This effort has been accomplished and we now have the ability to begin targeting funds toward the above referenced pier permits. I also mentioned that we would be able to pay $1,000 per month against the balance. We would request that the City accept this payment plan and discharge any late penalties if at all possible. Thank you for your consideration in this matter. Sincerely, James L. Evans President, Turnstone Corporation General Partner, Newport Bay Group, Ltd. ° CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 IF: ORN\P December 22, 1993 Newport Bay Group Ltd. 2439 West Coast Highway, Ste. 101 Newport Beach, CA 92663 Attention: Jim Evans Re: Commerical Harbor Permit No. 0129-2431 and 0129-2505 Dear Jim: In your letter of June 14, 1993, you indicated that you would pay $1,000.00 per month until these commercial permits are brought current. We received the initial payment from you on October 20, 1993, and have not received payment since. Please contact me immediately to discuss this matter and to preclude further action by the Marine Department. I can be reached at (714) 644-3044. Sincerely, Tony Melum Deputy Director TM: la tmevana.ltr 3300 Newport Boulevard, Newport Beach CERTIFICATIOWDATE :25AUG93 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION EXPIRATION DATE : 2 5AUG94 UNITED STATES COAST GUARD (zertificatc ofbspation VESSEL NAME OFFICIAL NUMBER CALLSIGN SERVICE ENTERTAINER D679587 WA19268 PASSENGER HOME PORT HULL MATERIAL HORSEPOWER PROPULSION LOS ANGELES-LONG BEACH,CA STEEL 600 DIESEL REDUCTION PLACE BUILT DATE BUILT GROSS TONS NET TONS DWT LENGTH WARREN, RI 20FEB85 96 69 7 113.00 OWNER OPERATOR INVADER CRUISES, INC. INVADER CRUISES, INC. 1202 KETTNER BLVD. 1202 KETTNER BLVD. STE. 3300 STE. 3300 SAN DIEGO, CA 92101 SAN DIEGO, CA 92101 THIS VESSEL MUST BE MANNED WITH THE FOLLOWING LICENSED AND UNLICENSED PERSONNEL, INCLUDED IN WHICH THERE MUST BE 0 CERTIFICATED LIFEBOATMEN AND 0 CERTIFICATED TANKERMAN. 1 MASTER MASTER & 1ST CLASS PILOT ABLE SEAMEN CHIEF ENGINEER FIREMEN•WATERTENDERS _CHIEFMATE CLASS PILOT ORDINARY SEAMEN 1ST ASST. ENGINEER OILERS _2ND MATE _ RADIO OFFICER(S) 6 DECKHANDS 2ND ASST. ENGINEER 1 L I C . MATES_ OPERATORS) ENG'RS. IN ADDITION, THIS VESSEL MAY CARRY 578 PASSENGERS, 14 OTHER PERSONS IN CREW, 0 PERSONS IN ADDITION TO CREW, AND NO OTHERS. TOTAL PERSONS ALLOWED: 600 ROUTE PERMITTED AND CONDITIONS OF OPERATION: LAKES, BAYS & SOUNDS: SAN DIEGO BAY, NEWPORT BAY, MARINA DEL REY HARBOR, SAN PEDRO HARBOR, AND LONG BEACH HARBOR, CAL'IFORNIA. VESSEL MAY TRANSIT BETWEEN SAN DIEGO BAY, NEWPORT BAY, MARINA DEL REY HARBOR, SAN PEDRO HARBOR, AND LONG BEACH HARBOR, CALIFORNIA WITHOUT PASSENGERS UNDER FAVORABLE CONDITIONS ONLY. WHEN THE VESSEL IS AWAY FROM A SHORESIDE DOCK, OR HAS PASSENGERS ON BOARD, OR BOTH, THE VESSEL'S REQUIRED MANNING IS: MORE THAN 12 HOURS OPERATION 12 HOURS OR LESS OPERATION (IN ANY 24-HOUR PERIOD) (IN ANY 24-HOUR PERIOD) 1 MASTER, 1 MATE AND, 1 MASTER, 6 DECKHANDS (301-578 PASSENGERS) 3 DECKHANDS (UP TO 582 PASSENGERS) 4 DECKHANDS (101-300 PASSENGERS) 3 DECKHANDS (UP TO 100 PASSENGERS) *** SEE NEXT PAGE FOR ADDITIONAL CERTIFICATE INFORMATION *** WITH THIS INSPECTION HAVING BEEN COMPLETED AT SAN DIEGO, CALIFORNIA ON2 5AUG9 3 , THIS VESSEL IS CERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECTION, SAN DIEGO, CALIFORNIA , TO BE IN ALL RESPECTS IN CONFORMITY WITH THE APPLICABLE VESSEL INSPECTION LAWS AND THE RULES AND REGULATIONS PRESCRIBED THEREUNDER. PERIODIC REINSPECTIONS E THIS CERTIFIW.F. W�t7T, CDR,USCG DATE ZONE SIGNATURE OFFICER IN CHARGE, MARINE INSPECTION SAN DIEGO, CALIFORNIA INSPECTION ZONE DEPT. OR TRANSP., USCG, CG441 (Rev. 3-851 SN 7530-00•FOi-0370 PREVIOUS EDITIONS ARE OBSOLETE Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Long Beach Los Angeles rt Marina del Rey Newport Beach San Diego San Francisco WWRA 10i F /1/1 ES HORNBLOWER DINING YACHTS Seattle Nzz::;e Ira ,tea«+tia.awa� PACE --- ROUTE PERMITTED AND CONDITIONS OF OPERATION, CONTINUED --- MAXIMUM NUMBER OF PERSONS, INCLUDING CREW, ON THE FOLLOWING DECKS SHALL BE EXCEEDED AT ANY TIME: BRIDGE DECK - 180 UPPER DECK -310 E MINIMUM NUMBER OF CHILD -SIZE LIFE PRESERVERS REQUIRED IS SIXTY(60). EN MORE THAN SIXTY(60) CHILDREN ARE CARRIED, ADDITIONAL CHILD -SIZE LIFE ESERVERS SHALL BE PROVIDED SO THAT THE VESSEL HAS AN APPROVED LIFE ESERVER SUITABLE FOR EACH CHILD ON BOARD. -EXAM TYPE- DRYDOCK LETTER --- HULL EXAMS --- -NEXT EXAM- -LAST EXAM- -PRIOR EXAM- 28FEB96 18FEB94 25AUG93 --- STABILITY --- APPROVAL DATE/ 20APR85 OFFICE/ 03MMT --- LIFESAVING EQUIPMENT --- NUMBER PERSONS TAL EQUIPMENT FOR 600 LIFE PRESERVERS(ADULT)... LIFEBOATS(TOTAL)....... LIFEBOATS(PORT)*..... LIFEBOATS(STARBD)*... MOTOR LIFEBOATS*..... LIFEBOATS W/RADIO*... RESCUE BOATS/PLATFORMS. 1 INFLATABLE RAFTS....... LIFE FLOATS/BUOYANT APP 9 180 WORKBOATS (NOT REQUIRED) LIFE PRESERVERS(CHILD)... RING BUOYS(TOTAL)........ WITH LIGHTS*........... WITH LINE ATTACHED*.... OTHER* ................. IMMERSION SUITS.......... PORTABLE LIFEBOAT RADIOS. EQUIPPED WITH EPIRB?..... (* INCLUDED IN TOTALS) REQUIRED 600 60 3 1 1 1 NO --- FIRE FIGHTING EQUIPMENT --- OTAL HOSE LENGTH/ 200 NUMBER OF FIRE AXES/ 1 NUMBER OF FIRE PUMPS/ *FIXED EXTINGUISHING SYSTEMS* SPACE PROTECTED AGENT CAPACITY GALLEY RANGE DRY CHEM 30 *FIRE EXTINGUISHERS - HAND PORTABLE AND SEMI -PORTABLE* A -II 1 B-I 7 B-II B-III B-IV B-V C-I C-II *** SEE NEXT PAGE PLEASE *** 6 DEPT. OF TRANSP., USCG, CG441 (Rev. 3-85) SN 7530.00•FO14370 PREVIOUS EDITIONS ARE OBSOLETE 1 ti i l ,1 i` Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Long Beach Los Angeles Marina del Rey Newport Beach tr San Diego San Francisco Ok<- END A 10i HORNBLOWER DINING YACHTS Seattle PAGE --- CERTIFICATE AMENDMENTS --- 1. PORT AMENDING/ SDCMS -AMENDMENT- DATE AMENDED/ 18FEB94 COMPLETED CREDIT HULL EXAMINATION. *** END *** DEPT. OF TRANSP., USCG, CG441 (Rev. 3-85) SN 7530-00-FO14370 PREVIOUS EDITIONS ARE OBSOLETE i, s 1 s Lil Onowaft HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Long Beach Los Angeles Marina del Rey �z Newport Beach San Diego San Francisco Seattle CERTIFICATION DATE: 24JUN93 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION EXPIRATION DATE : 24JUN94 UNITED STATES COAST GUARD Ocrtifirate of VESSEL NAME WILD GOOSE OFFICIAL NUMBER D290117 CALL SIGN WPB2005 SERVICE PASSENGER HOME PORT LOS ANGELES-LONG BEACH,CA HULL MATERIAL WOOD HORSEPOWER 1000 PROPULSION DIESEL REDUCTION PLACE BUILT SEATTLE WA DATE BUILT 31JAN43 GROSS TONS 96 NET TONS 65 DWT LENGTH 126.50 OWNER - WILD GOOSE YACHT CORPORATION OPERATOR HORNBLOWER YACHT, INC. 1221 W COAST HIGHWAY 2431 W. COAST HIGHWAY APT. #110. NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 THIS VESSEL MUST BE MANNED WITH THE FOLLOWING LICENSED AND UNLICENSED PERSONNEL, INCLUDED IN WHICH THERE MUST BE O CERTIFICATED LIFEBOATMEN AND O CERTIFICATED TANKERMAN. 1 MASTER _ MASTER & 1ST CLASS PILOT ABLE SEAMEN _CHIEFMATE CLASS PILOT ORDINARY _2ND MATE _ RADIO OFFICER(S) DECKHANDS MATES_ OPERATOR(S) CHIEF ENGINEER FIREMEN-WATERTENDERS SEAMEN IST ASST. ENGINEER OILERS 2ND ASST. ENGINEER ENG'RS. IN ADDITION, THIS VESSEL MAY CARRY ,50 PASSENGERS, OTHER PERSONS IN CREW, O PERSONS IN ADDITION TO CREW, AND NO OTHERS. TOTAL PERSONS ALLOWED: 4 ROUTE PERMITTED AND CONDITIONS OF OPERATION: LIMITED COASTWISE: PACIFIC OCEAN BETWEEN POINT CONCEPTION, CALIFORNIA AND 30 DEGREES, 11 MINUTES NORTH LATITUDE, NOT MORE THAN 20 MILES FROM A HARBOR OF SAFE REFUGE ON THE MAINLAND SHORE. AND ANYWHERE WITHIN 5 MILES OF SHORE A VOYAGE TO SANTA CATALINA ISLAND, OF SANTA CATALINA ISLAND, IS CONSIDERED TO BE WITHIN THE SCOPE OF THIS ROUTE. [A VOYAGE TO ANYWHERE WITHIN 2 MILES OF SANTA CRUZ ISLAND OF THIS ROUTE.] IS CONSIDERED TO BE WITHIN THE SCOPE IF THE VESSEL IS AWAY FROM THE DOCK, OR PASSENGERS ARE ABOARD OR HAVE ACCESS TO THE VESSEL FOR A PERIOD EXCEEDING AN ALTERNATE CREW SHALL BE PROVIDED. 12 HOURS IN A 24-HOUR PERIOD, A CHILD -SIZE LIFE PRESERVER SHALL BE LESS THAN 90 POUNDS. REMOVABLE CANOPY ON THE SECOND DECK OPERATING ON LAKES, BAYS AND SOUNDS *** SEE NEXT PAGE FOR ADDITIONAL PROVIDED FOR EACH PASSENGER WEIGHING IS ALLOWED ONLY WHEN VESSEL IS ROUTE. CERTIFICATE INFORMATION *** VATH THIS INSPECTION HAVING BEEN COMPLETEDAT LOS ANGELES, CALIFORNIA ON 24JUN93 •TMISVESSELIS CERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECTION, LOS WITH THE APPLICABLE VESSEL INSPECTION LAWS AND THE RULES AND REGULATIONS ANGELES-LONG BEACH,CA . TO BE IN ALL RESPECTS PRESCRIBED THEREUNDER. INCONFORMITY PERIODIC REINSPECTIONS THIS CERTIFIC ED BY - J . B 10RRIS , CAPTAIN , USCG DATE. DATE ZONE SIGNATURE - OFFICER IN CHARGE, MARINE INSPECTION LOS ANGELES-LONG BEACH,CA INSPECTION ZONE DEPT. OF TRANSP., USCG, CG441 (ROV. 3-55) SN 7530-00-FO1-0370 PREVIOUS EDITIONS ARE OBSOLETE DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD Q�ertif f cate of 3noputton WILD GOOSE PAGE 2 CERTIFICATION DATE: 24JUN93 --- HULL EXAMS --- -EXAM TYPE- -NEXT EXAM- -LAST EXAM- -PRIOR EXAM- DRYDOCK 30APR95 080CT93 31MAY92 --- STABILITY --- LETTER APPROVAL DATE/ 13DEC93 OFFICE/ LOSMS LIFESAVING EQUIPMENT NUMBER PERSONS' REQUIRED TOTAL EQUIPMENT FOR 154 LIFE PRESERVERS(ADULT')... 154 LIFEBOATS(TOTAL)....... LIFE PRESERVERS(CHILD)... 16 LIFEBOATS(PORT)*..... RING BUOYS(TOTAL)........ 3 LIFEBOATS(STARBD)*... WITH LIGHTS*........... 1 MOTOR LIFEBOATS*..... WITH LINE ATTACHED*.... 1 LIFEBOATS W/RADIO*... OTHER*................. 1 RESCUE BOATS/PLATFORMS. 1 IMMERSION SUITS.......... INFLATABLE RAFTS....... 3 70 PORTABLE LIFEBOAT RADIOS. LIFE FLOATS/BUOYANT APP 1 8 EQUIPPED WITH EPIRB?..... NO WORKBOATS (NOT REQUIRED) (* INCLUDED IN TOTALS) --- FIRE FIGHTING EQUIPMENT --- TOTAL HOSE LENGTH/ 400 NUMBER OF FIRE AXES/ 1 NUMBER OF FIRE PUMPS/ *FIRE EXTINGUISHERS - HAND PORTABLE AND SEMI -PORTABLE* A -II 1 B-I 9 B-II B-III B-IV B-V C-I C-II -- CERTIFICATE AMENDMENTS --- 1. PORT AMENDING/ LOSMS DATE AMENDED/ 08OCT93 -AMENDMENT- COMPLETED DRYDOCK EXAMINATION. CHANGED DRYDOCK DUE DATE TO 30APR95. HYDRAULIC BOW THRUSTER INSTALLED AS AUXILIARY PROPULSION. 2. PORT AMENDING/ LOSMS DATE AMENDED/ 13DEC93 -AMENDMENT- REMOVABLE CANOPY ON THE SECOND DECK IS ALLOWED ONLY WHEN VESSEL IS OPERATING ON LAKES, BAYS AND SOUNDS ROUTE. 3. PORT AMENDING/ LOSMS DATE AMENDED/ 13DEC93 -AMENDMENT- CHANGED OPERATOR OF THE VESSEL TO HORNBLOWER YACHT, INC., 2431 W.COAST HIGHWAY, NEWPORT BEACH, CA 92663. ** END *** 2 DEPT. OF TRANSP., USCG, CG-841 (Rev. 3.85) SN 7530-00-FOI-0370 PREVIOUS EDITIONS ARE OBSOLETE WE W P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 10, 1993 Michael J. Eggers, President Hornblower Dining Yachts Pier 3, Ferryboat Santa Rosa San Francisco, CA 94111-2027 Re: Individual Dining Cruises/Your Letter of November 5, 1993 Dear Mr. Eggers: There was, in fact, an error in our review of the site plan conditions and Exhibit A is the appropriate findings and conditions of approval. That being the case, there is' no restriction as regards the site plan on individual dining cruises. Referring to the staff report dated May 23, 1988, a copy of which is attached for your information, and referring specifically to Condition No. 14, "if vessel services are offered to the general public on a per person basis, these persons must park on site, and the applicants contract_ with them must so state." It is the position of the Marine Department that this is a valid existing condition on the permit, and therefore, even though you have advanced reservations and no on site ticket sales, any individual dining cruises booked by Hornblower Yachts at Mariner's Mile Marine Center must park on site and the agreement with the individuals must so state that the only parking available is on site parking. This must be monitored by the permittee to be able to demonstrate to the Newport Beach Marine Department that this is where the parking is occurring for individual dining cruises. We apologize for the error regarding the site plan review, and if you have any questions regarding the above, please contact me at (714) 644-3044. Sincerely, r� Tony Melum Deputy Director TM: la tmhorn.egger 3300 Newport Boulevard, Newport Beach - Li HORNBLOWER D I N I N G1 Y A C H T 5 !� Pier 3, Ferryboat Santa Rosa San Francisco, CA 94111-2027 415/788-8866 FaA / AIU& 5, 1993 Tony Melum Berkeley Deputy Director Marine Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca 92658-8915 Long Beach RE: Individual Dining Cruises Dear Mr. Melum: In response to your October 28, 1993 letter (received November 3, 1993) please be advised that effective November 1, 1993 David Pahl has left employment with us. Our new LA/Orange County Los Angeles General Manager, Linda Mongno, is also a long time Newport Beach resident and former Sales and Marketing Director for Knott's Berry Farm. Because I have both the background facts and the continuing interest in improving our relationship with the city of Newport Beach, I will respond to your letter and its related issues. APPARENT ERROR IN SITE PLAN REVIEW AND RELATED CONDITIONS Based on our review of the site plan and permit files and confirmed by discussion with our Marina del Rey landlord Jim Evans, we believe you have not referenced the proper operating authority for our site. It is our opinion that Exhibit A - Findings and Condition of Approval for Site Plan Review No. 41 (Amended) specifically deletes Condition 29 and approves the way and manner in which HDY has conducted business in Newport Beach for over five years. These findings were approved by the Newport Beach City Council. Newport Beach IDC ACTIVITY On behalf of HDY and our Newport Beach operating site, I represent to you that every passenger has an advance reservation before boarding our yachts. We have no on -site tickets, ticket booth or retail activity. This has been our practice and it is our current intention to.continue in the future as we have in the past. In consideration of the above, please review your files and notify us of your reconsideration of San Diego your request "that all further individual dining cruises cease from Mariner's Mile Marine Center location". Sinc rely, San Francisco Mi J. ggers Pr ident cc: Linda Mongno, General Manager HDY LA/Orange County Jim Evans, Mariner Mile Marine Center Seattle SEW PO ° \ CITY OF NEWPORT BEACH v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P q�� FOFiN October 29, 1993 Hornblower Dining Yachts David Pahl Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663 Re: Individual Dining Cruises Dear David: Thank you for the opportunity of sitting down with yourself and principles of Hornblower Dining Yachts at Mariner's Mile Marine Center. To reiterate the City's position, in the past, it was our understanding that individual dining cruises was a very small portion of your business. In fact, concerns about that particular aspect of chartering motivated us to condition your Commercial Harbor Activities Permit in 1988, "No. 14. If vessel services are offered to the general public on a per person basis these persons must park on -site,. -and the applicant's contracts with them must so state". More recently, the site plan review, dated 10, 1992, for the property at Mariner's Mile Marine Center included the following condition: Condition No. 2 "That all charters from this site shall be done by advanced reservations for group charters and individual walk-on boat charters shall not be allowed." The Marine Department would interpret individual walk-on boat charters as individual dining cruises and, as such, would be prohibited by the conditions on the site plan. This being the case, we would request that all further individual dining cruises cease from Mariner's Mile Marine Center location. If you wish to discuss this with me further, please contact me at 644-3044. sincerely, Tony Melum Deputy Director TM: la 3300 Newport Boulevard, Newport Beach r-1 0 H 1 0 :3 0 NEWRT B -UPOAYGROP LTD 2430 wE!5T COAST HWY NCWPORT SEACH, CA OZSfj'-1 FAX NO: FAX TRANISKSSLON REPORT TI) tr tnat this messale oontai MS. A to-tal of Inf�,juainq r.hie cover p090. tf You d6 not receLvo al'i panes' t g) lease oa I I us at ( 714-645-0901 Thank you. C-MMENT; NOV- _ -9:9 MoN 1 0 : 3 1 P _ 02 corAn is sI, (IKgx .S OLL CALIF Tk,at the approwrW. W, Of this request would be contrary to the intent of Chapter 1'0.02 of the unicipW 'Code, wb ld also be in excess of they all ble heiSht and the allowable overall di; ens, gs as adopted by Amendment No. 725 which was). >ndo.d to proide adequate design parameters fb ese types of architectural, features, and fuwould be materially detrimental to the lre safety, comfort, oar general welfare of perso esiding in the neighborhood, and detrn'Lmental 'njturious to property or jxnptovar eats elsewhe in tho, neighborbood, and the general welfare th city. *0ig :iluw �1.a tli. i�. hwsdA Request to =end a previously approved Site Pla111 Review which permitted the expansion of the Mariner" , Mr'.le Marine Center located in the "Recreational, and Marine iCo=er al" area of the i ner's Mile Specific Plan. The proposed amendment inclu ;es a request to delete Condition No. 29 of said applr�ation, wbicb requires Planning Com i. ioWs approval of any boat chartering,operations from the'subject property. Should the planning Cornayssi;on not wish to delete Condition No. 29, the applicant'furtber reque ts1he approval of the continued operation of a boat charter business from the subject property -in accordance With said condition. CATION: Parcel l of Parcel Map 87-159 �, esubdbva xon No, 841), located rat 4294507 Vest Coast Highway, gnu the southerly side of 'Vest C=5 Highway, between Tustin Awenuc and the Balboa Say Club, i i Mariner's Mile. �Rkmv Wed A NOV 3 S--3 rl13H 1 0 3 1 ROLL CALL ZONE: APP11CANT: SP-5 Newport Bay Group, Ltd., N'e"ort Beach OWNER: Same as applicant Comn-dssionar Merrill reforred to a letter attached to the staff report from klo b1'ower Ditino Yachts, which included a discussion of its business activitxe;s. Commissioner Merrill questioned if the onske corr=ercial kitchen activities described should he replated by use permit and subject to the conditions required of a restaurant. ' la=tn'g Director liewicker commented that there were many cateiing businesses operating wit in the City-Althout a use pernait, but the operations are required to meet the City's Building Code and the ounty's Health l e 'l'atians. Responding to an inquiries from. CommLiisionors Dabay and Glover, Mr, Hewicker said he was not a ware of any specific parking complaints regarding the Daily ilot's ""het Wedriesday's Tow Meetings" or any other comnplalnts besides what was mentioned in aG letter the Plam%ing, Department received from Minnoy Favily Enterprises. He stated parking regulations associated w itlw boat chartering businesses are ad'r oistered by the Citys, Marine Department and the Reverme Division. Commissioner Glover commented that she had beard of paarldn problems associated with th+''Wet Wednesday" progr z. The public hearing w &% opened in connection with thiis item and Mr. James Svmu, representing Newport Bad Group, Ltd., appeared before the Planning Con'anission. Mr. Evans summarized the two phases of development for the Mariner's Mile Mwine Center, beginning irl MINUTES WDEX 161- ROLL CALL M1'N' T&S CITY OFNWPORTBEACKeptember M IP42 INOU 1984, of what -he tanned a "model waterfront facility" meeting all City requirements. '`l''he Planning omission's approval of Site Plan Review No. 41 included a condition which required the Comrn]ission's approval of any boat chartering business operating from the property, although norm -ally boat cbartering use doe,,,, � not require Pla ,i g Co-autission approval in the "Recreational and Marine Commercial' area, and Mr, Evans questioned whether or not it indeed was a legal requirement. Shortly after approval of Site plan No. 41 in March,, 1987, staff' inadvertently permitted Hornblower Yachts to begin operation on the site_ i Subsequently, in May, 1998, the operation recelvecl approval of a Commercial Harbor Activities Permit by the City Cnundi Mr. Evans described the kitchen facility as meeting emery requirement imposed h)� regulatory authorities. He said he was aware there had been complaints regarding parldnS during the "Wol Wednesday" events. Mr, Evans stated that Hornblower Yachts does not charter the boat for these public events which are sponsored by the Daily Pilot newspaper and received special permit from the Marine Department, Mr. Evus stated that about one year ago he was madc aware of the problem Mvolvin the chatter operation. He emphasized that he felt th6 facility's operation to be � a legal zoning use and that the required Condition No. � a 29 be removed. Assistant City Attorhey Flory responded to a query by Co=nissioner Gifford and ex plgdned that Condition lac ! 4 was imposed as a result of discussion at the Planning Commission hearing on the project and before the ! operation received 'a ComsheMal Harbor Activitic Pera t. The permit was not an action of the Planning om ssion and the imposed conditiion, requiAng Site Plan Review waq not d �er+ed until a later review o � permits. 'phoning Director Hewicker commented that} of anerror were made in the approval process, it way .7w ROLL motion All Ayes CITY OF NEWPORTSEACReptember it), 1092 y made at the P the condition Review Was Commission representative Licensing Div decided that t9 such activitici existing regulo There being n the public bee Motion was rr (Amended) st forth in wit felt there wo under the brio reviews authorii and any addW is a duplicate Commissioner with condition operation pro related vehicu Motion was yr Flndiv= 1. That th. the led sut'icie. charter by the ] its app UnneW NUBS YP.X annins Department level. He stated that requiring an a mr endment to the Site Pl{W imposed prior to the tune that the reviewers boat charter activities with of the Marine Department and the ;sioo. As a result of the review, it was re City would not- require use permits for E . as they were already covered under tions, 3 others desiring to appeal and be heard„ l ring was closed at this time. ade to approve Site Plan, Review No. 41 Moot to the findings and condition sei it "A." o naissioher ebay stated she 5 adequate review procedure provided t�ip,al Code allowing the City sufficient ty over the existing boat charter operation anal review by the Planning Commission -ff`ort and unnecessary. Merrill stated his concern for compliance No. 4, Edibit 'A" which states that the side for adequate off-street parking and . IV drrcxrladom ited on. MOMN CARRIED. ,,re are adegraato review procedures within =WP41 Code which allow the City it review authority over the wdsting boat operation, and that any additional roview ll=ciag Cons Wsslon to conjunciton witb roval of Site Plait Review No, 41 us nary. "81 H 0 V- S1:3 Ill O N f , ROLI, CALL 1 0 :3-1; 4 CIS OF NEWOR P . 0 S WNUTES 10. 1992 pE 2. That the existing boat chutor op ration has \'Tb the approp ate Commercial 'Harbor Pern it for its opetation m the City 3. and has su cess y opera ed for the years in ac rdance with s "d permit. subject boat (charter OPeratiOn is t with the WIOal PIaA and the adopted t o, ram, U.d Use Plar� rand is le .th sulTous%& land uses. 4. That adequate -street parking and related vehicular circula n are being,, provided in conjunction with the. ;at charter operation. � S. That the Ming boat er use is consistent � with the, objectives of the M ° ees Mile Specific Plan and that such use, by its v nature should be encouraged as an iarr+ccntive a within the "Recreational and M0640 Caner 'al" area of the Specific Plan. X. That Condition No. 29 of Site Pla:r Review No",,,,. � 41, as approved by the planing Commission can March 5, 1987. is hereby deleted. t tee Request to amend a previously approved use permit which permitted the oAddifion of live entertainment to the Wsting Cvio's Restaurant with on -sale alcoholic, beverages and valet parking. The proposed amendment involves a request to ffima the "not public area!' of the restaurant by consttu ng an outdoor dig area. The proposal also includes: a re'qu+est to +charge the type of �F 329 ? 4 r,, Ved F40'•:'- 8-93 MOM 1 0 : 35 To a Planning Commission 7. EXHIBIT"A" FINDTNGS AND CONDITION OF APPROVAL FOR SrM PLAN REVIEW NO, 41 (AMENDED) (Deletes Condition No. 9) Rud!ws� P.07 1. That there are adequate review procedures within the Municipal Code which allow the City sufficient review authority over the existing boat charter operation, and that any additional review by the Planning Commission in conjunction with its approval of Site'Flan Review No. 41 is unneccsswy. 2. `niat the existing boat charter operation has dbtaio.ed the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has succelssfully operated for the past tour years in accordance vnith said permit. 3. That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, Land Use 'lean, and is compatible with surrounding land uses. 4, nat adequate off-street parking and related vehicular circulation are being prm4ded in conjunction with the boat charter operation. 5, That the existing boat charter use is consistent with the objectives of thi Mariner's Mile Specific Plan and'that such use, by its very nature should be encouraged , -a an incentive use within the "Recreational and Marine Conam,erciai" area of the Specific Plan. c9oftim 1. That Condition No. 29 of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby deleted. *Ts&% t NO'•r'- G-'93 M 0 H 1 0 35 P 08 .,wln.i�VYI/MI"'INtlIIIAI"IiMs�... ..�,„r.-r�mmn—rr... r To, Planning Commission - 8. EXHIBIT "all FINDINGS AND CONDz'l"' ONS OF APPROVAL FOR SITE PLAN REVIEW l' Oi 41 (AMENDED) (Retains Condition No. 29) 1. 'That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, "nd Use Platt, ,,ind is compatible with surrounding i and uses. 2. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 3. That the existing boat charter use is consistent with the objectives of the Marltter's Mile Specific Play, and that such use, by its very mature should be encourages) as an incentive use within the "Recreational and urine ontrnercial" area of the Specific Plan. 4. 'Thai the existing boat charter operation has successfully operated for the past Sour years in accordance with a Commercial Harbor Activities Permit approved by the City Council on May 23, 1988. 1. That all applicable conditions of the Commercial Harbor ,Activities Permit for Hornblower Yachts and the ,previously approved Site Plan Review No. 41 shall toe fOlfilled. 2. That ;all charters from this site shall be done by advance reservations fir grola p charters and that individual walk -sin boat charters shall not be allowed. 3. That a minimum of one parking space For each three passengers and crew shall he provided. I 4. That adequate trash facilities shall be provided on the upland property for the beat charter activities. Said trash facilities shall be screened from iciest Coast Highway and a.djoiraing properties. 5. 'niat a valet parking service shall be permitted in conjunction with the boat charter iwdvities. 6. That a maximurn of five yachts with a total CapaCity of 442 people shall be permitted to operate from the subject property. Any additional boat charter activity involving yachts other than those listed in the Commercial Harbor Activity Permit shall be subject to a Marine Charter Permit in accovdance with the provisions of Chattier 5,18 7, That the cons'urnotiO of food and bevtrages shgdl be to cots, unction with %he boat charter activities only and shall not be pen teed on the upland portion of the property, nat the applicant shall obtain Coastal ConjmLssion approval of this application. That the � Planning CowrdiSSiOn may+ add to or taodify conditions of approval to this application or recommend its revocation tD the City Council, upon a determination that the boat chartering operation causes igjlirY� or is detrimental to the health. safety, peace, morals, comfort, or general welfare of the cor unity - C-- I try LA I IORN13LOWER DIN I N Q YACHTS kurkwi f• MM muff C&WW 29gf bVfuli9f*CQWHdwm • ►"Ag1Bo:Cf1G16�177s1 Tti/846�41� FAX 71X/i148�61 HM r" HORNBLOW R DININO YACHTS of Newport Beach Is autt 4#d to use our parkhg facitles. AI,8: tor, o.Ac+, ADDRESS;' 1Y TODM DATE A!N VV DATE OF ANT; pi/viv Los Arts TIMES:, ' HOLE LOT: PARTIAL LOT: � (check or*) AUTHORIZED SIOMTURE: M#rin6 del RAY V V it A ~ ., 9,1 t 9t+�Ch r; • r # 1 nrigCf7 (�t ri ? ! 1 ' r �i NY Y. it CITY OF NEW PORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915 PLANNING DEPARTMENT (714) 644-3215 August 6, 1993 Tony Roma's 2530 West Coast Highway Newport Beach, CA 92660 Attn: Manager Subject: Use Permit No. 1875 (Amended) It has come to the attention of this department that, in addition to other business locations, your parking lot is being offered, on Wednesday evenings, -to patrons of the Hornblower Dining Yacht, which should this be the case, would require that your above noted Use Permit be amended to reflect this change in your operational characteristics. However, since your allotted parking is already dedicated to your own customers, your parking lot cannot accomodate any additional parking demand. Please discontinue this practice immediately. Hopefully, with your cooperation this matter will be resolved in an amicable and timely fashion. If you have any questions relative to this matter, or if you care to discuss this letter, would you please contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number or Senior, Planner, Jay Garcia, between the hours of 8:00 a.m. and 5:00 p.m. at 644-3200. PLANNING DEPARTMENT JAMES D. HEWICKER, Director e Enforcement Supervisor JS:CI xc: (( Jay Garcia, Senior Planner, Planning Department Wes Armand, Marine Department 3300 Newport Boulevard, Newport Beach O�F,W RT CITY OF NEWPORT BEACH 3 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 e. C'qc, Fo gN`P PLANNING DEPARTMENT (714) 644-3215 August 6, 1993 Margaritaville 2332 West Coast Highway Newport Beach, CA 92660 Attn: Manager Subject: Use Permit No. 1977 (Amended) It has come to the attention of this department that, in addition to other business locations, your parking lot is being offered, on Wednesday evenings, to patrons of the Horrnblower Dining Yacht, which should this be the case, would require that your above noted Use Permit be amended to reflect this change in your operational characteristics. However, since your ,allotted parking is already dedicated to your own customers, your parking lot cannot accomodate any additional parking demand. Please discontinue this practice immediately. Hopefully, with your cooperation this matter will be resolved in an amicable and timely fashion. If you have any questions relative to this matter, or if you care to discuss this letter, would you please contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number or Senior Planner, Jay Garcia, between the hours of 8:00 a.m. and 5:00 p.m. at 644-3200. PLANNING DEPARTMENT JAMES D. HEWICKER, Director e Enforcement Supervisor JS: xc: Jay Garcia, Senior Planner, Planning Department Wes Armand, Marine Department 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH U - Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C',yClrp �P PLANNING DEPARTMENT (714) 644-3215 August 6, 1993 Cano's Waterfront Restaurant 2241 West Coast Highway Newport Beach, CA 92660 Attn: Manager Subject: Use Permit No. 3293 (Amended) It has come to the attention of this department that, in addition to other business locations, your parking lot is being offered, on Wednesday evenings, to patrons of the Hornblower Dining Yacht, which should this be the case, would require that your above noted Use Permit be amended to reflect this change in your operational characteristics. However, since your allotted parking is already dedicated to your own customers, your parking lot cannot accomodate any additional parking demand. Please discontinue this practice immediately. Hopefully, with your cooperation this matter will be resolved in an amicable and timely fashion. If you have any questions relative to this -matter, or if you care to discuss this letter, would you please contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number or Senior Planner, Jay Garcia, between the hours of 8:00 a.m. and 5:00 p.m. at 644-3200. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Lo J Enforcement Supervisor Jay Garcia, Senior Planner, Planning Department Wes Armand, Marine Department 3300 Newport Boulevard, Newport Beach NEWPORT BAY GROUP, LTD. 2439 WEST COAST HWY. NEWPORT BEACH, CA 92663 June 14 1993 Mr. Tony Melum City or Newport Beach 3':00 Newport Eoul�Dvard Newport Beach, Ca. 92-fa Re: Pier Per Dear Tony, # 0129-2505-1 # 0129-2431-1 per, ��Fd Du to the Fact that the economy has not been as strong as we all would like. we at Mariners Mile Marine Center have experienced losses of approximately $350,000.00 per year for the last two year-s, obviously this has affected our cash flow and ability to stay Cur -rent on payables, which some are this years fees to your department. n,t tl-,iC time we are in a process of re -structuring the Partnership In orc—er to help with this financial re -structure I am requesting r_hat ?_`Fie City Consider and accept the following payment plan aoain r _)ur account for our commercial permit fees. 1. A down payment of �ac,000.00 on July 1, 199- 4. A payment of $1,000.00 per month until balance is paid in full. - Sincereiv . James L . Evans President, Turnstone Corp. General Partner , Newport Bay Group, Ltd. D I N I NG YACHTS Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Ui:rkoey MEMEM Mr. Tony Melum Long Boa,,t) Tidelands Administrator City Of Newport Beach 3300 Newport Blvd. ' Newport Beach,/ 92659-1768 C Dear Tony, os A r) q e ks, Tyin mnnthqqnn I spoke to you about the my decision to move our yacht Mir/ LORD, HORNBLOWER to Newport Beach. As we discussed, this yacht is currently located at our Long Beach facility. The soft business climate in the Los Angeles i Long Beach area is -the reason for my plat) to move the boat -- I can reduce overall costs by combining maintenance and operating crew here. M 2) i i na d f I R (' Y With the move here I would like to have M/V LORD HORNBLOWER added to my Cornmercia I Harbor Permit. Of course I understand that all of the existing requirements would still apply including the need to acquire adequate parking as needed for specific events. We continue to maintain parking records for all of our events as required by our permit. As always these records are available for inspection at anytime. I Tony, it would be my request that this issue be accommodated at the Staff level as it is a modification of the existing Permit and allowed under the Municipal Code. However, I am willing to go before the City Council as required. If City Council approval is required I would appreciate being place an the calendar as early as possible. You may be aware that most of the City Council, the City Manager and many City staff members had the opportunity to ride aboard the boat last summer during our "Wet Wednesday" series with the Daily Pilot. As a result, I believe that most are familiar with the yacht. I have enclosed our 1993 Cruise Planner in case someone would like to see a picture of the boat (see page 13 of the guide). San Francrsro 4'Al 4 _1411Ae�101 174 ,46 7' Sejifle Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 You may recall that during last summer you had requested some verification that the dock here at Mariner's Mile Marine Center will support a vessel such as this. Skip Horriby prepared a series of recommendations that were completed by Platz Miller. You and I also discussed the passibility of Long Rl!a h putting a handrail can the dock. I cannot remember if I told you but one of our customers paid us to erect a very nice handrail on that clack and we decided to keep it there (we Were fortunate that this particular dock does not require access from either side. Tony, I will be happy to came to your office to visit and discuss this request. Let me know what you want me to do to get this accomplished. I look forward to talking with you. t_o ; Angeles incerely David Pahl General Manager rrarinn del Re enclosures: HDY 1993 Cruise planner cc: Jim Evans e Newport flay gaup NevvporrBcach < em D ego M San Fr < ncisco LoxD HORNBLOWER Length: 151' Guest Capacity: Cocktails/Buffet: 750 Seated Meals: 500 Home Port: Long Beach i.•• L e �i .. a i 1 1 • v i t i '-I IT. 1 i L- L, '-I Q.1 L� K `j H 1_ rl i .1 t� HORNBLOWER 01 N+ N O Y A C H T S Manned Mile M• lnq Center 2431 1Nee1 P00ifte Coort Highway Newport Bosch, CA 82M3.1778 714/W-41$$ FAX 714/646.592A CNY Of WpW Beach Ntwport ► CA M +' HOrnblow Dning Yoft supports your now program of insertIng dye tablets into holdIN tw*.S, if this is the or#/ Way to make sure that all Operators follow aPPrOpriato procedures for the WW9 of I'm" tanks 1W Ws go for it. hem at HornbWer DnN Yachts is such that I needed some specific wrowers as to to wraftition fWUk of the d�e product. 1300"S VM h&@ 18V holding tanks (in one case 1000 gab -a) and W=189 " pump and Uh the tanks with water, 89 indicated ftiat to program recommendled by to aftrnath" as • • e UIS the MCorwended formula for the dye but only put the tab t5 in onto a w (on FMSd S for instance). This recognizes that our frequent purring rind Auftg program would require a significant expense for the dye tablets, in my visw,.thls program is not a good one because there are too many opportunities 1br problems (two predictable problems are that my people forget that this is Friday and so put in tabIlets or you get complaints that Homblower gets special treabrwnt from the Marine t Department). e Use a dlkm forrWa for the dye and put the tablets In after each pumping. Shoe the yachts here ale spur plumbed for a pumpout program, all of the fittings are located WOW the waterline. According to Sill Shalda the diluted formtUa (about one tablet for each 76 gallons) A work because the dye wig be cloo seem on the sides of our yadtrts if they were pumped underway. I am willing to work with this program it You agree that we are meeting both the intention and the spirit of the dyes program. C:1E�= ��, 1 r � H�m�� HE,L0I.��E�:'r"A HT'� HAY "e I HORNBLOWER 0 1 N I N 0 YAC'Hv6 Mariners Mile Marino Cantor 2431 ytreat Peoft Coact Highway Newoart , CA 9M3-1779 714/M-0155 FAX 714160.5024 I Use a liquid dye of the same 00ior mix as the tablets btft which would he WS KensW gNvn the number of times that the Hornblvw yachts am pum*. Bill Shalda has informed me that a liquid is vailable, My preference *Uk be to use a liquid c�e as it would work bee for the program here (both for inso*)g the " in the tanks and for lowering the ow -all oost of the ") since we pump much more often that any other operator in Newport Beach, Rease W me Ww how you would like to prooeed on this. I am willing to start ts pro7m W ftW- DvAd M. Pahl cc: Tony M WAS ATWA COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX ZONE: SP-5 APPLICANT: Newpor.,t=.Bay-Group, Ltd., Newport Beach OWNER: Same as applicant Commissioner Merrill referred to a letter attached to the staff report from Hornblower Dining Yachts, which included a . discussion of its business activities. Commissioner Merrill questioned if the onsite commercial kitchen activities described should be regulated by use permit and subject to the conditions required of a restaurant. Planning Director Hewicker commented that there were many catering businesses operating within the City without a use permit, but the operations are required to meet the City's Building Code and the County's Health Regulations. Responding to an inquiries from Commissioners Debay and Glover, Mr. Hewicker said he was not aware of any specific parking complaints regarding the Daily Pilot's "Wet Wednesday's Town Meetings" or any other complaints besides what was mentioned in a letter the Planning Department received from Minney Family Enterprises. He stated parking regulations associated with boat chartering businesses are administered by the City's Marine Department and the Revenue Division. Commissioner Glover commented that she had heard of parking problems associated with the "Wet Wednesday" program. The public hearing was opened in connection with this item and Mr. James Evans, representing Newport Bay Group, Ltd., appeared before the Planning Commission. Mr. Evans summarized the two phases of development for the Mariner's Mile Marine Center, beginning in -6- EOM IISSIONERS Gt of d d MINUTES CITY OF NEWPORT EEAC �eptember 10, 1992 ROLL CALL INDEX 1984, of what he termed a "model waterfront facility" meeting all City requirements. The Planning Commission's approval of Site Plan Review No. 41 included a condition which required the Commission's approval of any boat chartering business operating from the property, although normally boat chartering use does not require Planning Commission approval in the "Recreational and Marine Commercial" area, and Mr. Evans questioned whether or not it indeed was a legal requirement. Shortly after approval of Site Plan No. 41 in March, 1987, staff inadvertently permitted Hornblower Yachts to begin operation on the site. Subsequently, in May, 1988, the operation received approval of a -Commercial Harbor Activities Permit by the City Council. Mr. Evans described the kitchen facility as meeting every requirement imposed by regulatory authorities. He said he was aware there had been complaints regarding parking during the "Wet Wednesday" events. Mr. Evans stated that Hornblower Yachts does not charter the boat for these public events which are sponsored by the Daily Pilot newspaper and received special permit from the Marine Department. Mr. Evans stated that about one year ago he was made aware of the problem involving the charter operation. He emphasized that he felt the facility's operation to be a legal zoning use and that the required Condition No. 29 be removed. Assistant City Attorney Flory responded to a query by Commissioner Gifford and explained that Condition No. 29 was imposed as a result of discussion at the Planning Commission hearing on the project and before the operation received a Commercial Harbor Activities Permit. The permit was not an action of the Planning Commission and the imposed condition requiring Site Plan Review was not discovered until a later review of permits. Planning Director Hewicker commented that if an error were made in the approval process, it was -7- COMMISSIONERS \tiW1C` \\�\Ml MINUTES o��'CITY OF NEWPORT BEACos eptember 10, 1992 ROLL CALL INDEX made at the Planning Department level. He stated that the condition requiring an amendment to the Site Plan Review was imposed prior to the time that the Commission reviewed boat charter activities with representatives of the Marine Department and the Licensing Division. As a result of the review, it was decided that the City would not require use permits for such activities as they were already covered under existing regulations. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Site Plan Review No. 41 (Amended) subject to the findings and condition set forth in Exhibit "A." Commissioner Debay stated she felt there was adequate review procedure provided under the Municipal Code allowing the City sufficient review authority over the existing boat charter operation and any additional review by the Planning Commission is a duplicate effort and unnecessary. Commissioner Merrill stated his concern for compliance with condition No. 4, Exhibit "A," which states that the operation provide for adequate off-street parking and related vehicular circulation. Al 1 Ayes Motion was voted on. MOTION CARRIED. 8 Findings 1. That there are adequate review procedures within the Municipal Code which allow the City sufficient review authority over the existing boat charter operation, and that any additional review by the Planning Commission in conjunction with its approval of Site Plan Review No. 41 is unnecessary. -8- CG,1/IMISSI0NERS ROLL CALL MINUTES CITY OF NEWPORT BEACWeptember 10, 1992 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the past four years in accordance with said permit. 3. That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 4. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 5. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and Marine Commercial" area of the Specific Plan. Condition, 1. That Condition No. 29 of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby deleted. Use Permit No 3293 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the addition of live entertainment to the existing Cano's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The proposal also includes: a request to change the type of la INDEX Item No. 3 UP 3293 A Approved 4W CITY OF :PORT BE+�CH;�2 MIDEX3 { 9 i y.x-f. � #..�...._«.._._.�.._.,...,._........_ .._..._�..e._.. .... ..._.........-e_.. _. .--.-gym._.... ,..-.- aThat the awotzi of this request wcyjld he crt of Chapter 20.02 of t le � also be in excess of the altOwAKe hesen and the a llo% e overall i dimenAum as adopted by Amendment %o. 72 which w2ki'ligerAcd to provide adequate design parametm fim'r- these types of architectural features„ am fu r, would be materially detrimental to the he safety, Comfort. or general *elfare of person residing in the neighborhood,and dctrimentat-or injurious to property or improvements elsev`fftr in the neighi r xi. and the general welfare = the City. �� .. i : #t. ##. . #JR M Request to amend a previously approved Site Plan Review which permitted the expansion of the Mariner's Mile Marine Center located in the 'Recreational and Marine CAXntmercial"area of the Mariner's Mile Specific Plan. 71e proposed amendment includes a request to delete Condition No. 29 of said application, which requires Planning Commission's approval of any boat chartering operations from the subject property. Should the Planning Commission not wish to delete Condition No. 29, the applicant further requests the approval of the continued operation of a boat charter business from the subject property in accordance with said condition. LOCATION: Parcel 1 of Parcel Map 87-159 (Resubdivision No.841), located at 2429-2517 Nest Coast Highway, on the southerly side of Nest Coast iighway, between Tustin Avenue Mariner'; I terry No. Z SPR No.z41 A roved l i a AL I ZOINE: - APPUCAST OWNER. am NrwpoTi Bay Group. Ltd., N't-Aipo," Sarm as applicant Commissioner Merrill referred to a letter attached to the staff report frrmn Hornb1c.-wer Mining Yachts. which included a &cmsion, of its bus*ncs8 I , activities. Comrai&sioncr Merrih questioned I the onsi te commercial kitchen activities described should be regulated by ww permA and subject to the conditions required of a restauram Planning Director Hewicker commented that there were many catering businesses operating within the City without a use permit, but the operations are required to meet the City's Building Code and the Count](s Health Regulations. Responding to an inquiries from Commissioners Debay and Glover, Mr. liewicker said he was not aware of any specific parking complaints regarding the Daily Pilot's *Wet Wednesday#s Town Meetings* or any other complaints besides what was mentioned ' in a letter the Planning Department received from Minney Family Enterprises. He stated parking regulations associated with boat chartering businesses are administered by the City's Marine Department and the Revenue Division. Commissioner Glover commented that she had heard of parking problems associated with ft INet Wednesday" program. The public hearing was opened in connection with this item and Mr. James Evanst representing Newport Bay Group, LAd, appeared before the PlarWng Commissi Mr. Evans summarized the two phases of developme for the Mariner's Mile Marine Center. beginning -' i in 0 COUNTISSIONMRS M1Nt)Tl::> CITY OF NEWPORT BEACKeptember 10, iaw 1984, of what he termed a "model waterfront facility" meeting all City requirements. The Planning Commission's approval of Site Plan Review No. 41 # included a condition which required the Commission's 1. approval of any boat chartering business operating from the property, although normally boat chartering use does not require Planning Commission approval in the 'Recreational and Marine Commercial" area, and Mr. Evans questioned whether or not it indeed was a legal requirement. Shortly after approval of Site Plan No. 41 in March, 1987, staff inadvertently permitted Hornblower Yachts to begin operation on the site. Subsequently, in May, 1988, the operation received approval of a Commercial Harbor Activities Permit by t the City Council. Mr. Evans described the kitchen facility as meeting every requirement imposed 11 ' regulatory authorities. He said he was aware there had been complaints regarding parking during the "Wet Wednesday events. Mr. Evans stated that Hornblower Yachts does not charter the boat for these public events which are sponsored by the Daily Pilot newspaper and received special permit from the Marine Department. Mr. Evans stated that about one year ago he was made aware of the problem involving the charter operation.. He emphasized that he felt the facility's operation to be a legal zoning use and that the required Condition No. 29 be removed. Assistant City Attorney; Flory responded to a query by Commissioner Gifford and explained that Condition No. 29 was imposed as a result of discussion at the Planning Commission hearing on the project and before the operation received a Commercial Harbor Activities Permit. The permit was not an action of the Planning Commission and the impI condition,,requiring Site INDEX CO`2'vtMISSIOtVTERS ��OLL CALL WNI'Ti CITY OF NEWPORT BEACIJ;cptcmt)tr t()L 1gr made at the Planning Department level. tie -stated that the condition requiring an amendment to the Site PUM Review was imposed prior to the time that the Commission reviewed boat charter activitics with representatives of the Marine Departnacnt and the Licensing Division. As a result of the review, it was decided that the City would not require use permits for such activities1 as they were already covered under existing regulations. There being no others desiring to appear and be heard, the public hearing was closed at this time. az r_ ion Motion was made to approve Site Plan Review No. 41 (Amended) subject to the findings and condition set forth in Exhibit_ "A." Commissioner Debay stated she felt there was adequate review procedure provided under the Municipal Code allowing the City sufficient review authority over the existing boat charter operation and any additional review by the Planning Commission is a duplicate effort and unnecessary. Commissioner Merrill stated his concern for compliance with condition. No. 4, Exhibit "A," which states that the ,l operation provide for adequate off-street parking and related vehicular circulation All Ayes Motion was voted on. MOTION CARRIED. FiIZ�� I. That there are adequate review procedures within the Municipal Code which allow the, City ; sucie.nt review iuth onty, over the existin goat: { charter�oratiWart d that, additional tev�e�re ., , -, . t 0NERS M1NtJTEi CITY OF NEW PORT BEACHSePtember 10, 1992 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the past four years in accordance with said permit. 3. That the subject boat charter operation is consistent with the General Plan and the adopted Loral Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 4. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 5. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and Marine Commercial" area of the Specific Plan. 1. That Condition No. 29 of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby de'.eted. • s s LNDEX i 3 3 Request end a previously approved use permit .Up��....329A �� which permitte Vw,,addition of live entertainment to the Ap roved existing Cano`s Res t with on -sale alcoholic µ beverages and valet =nrirob!nc.- n, raposed amendment invnlve a renttect to the- "n .ntshl;p arn00 ^F tel... W W Planning Commission Meeting 5CZ=bTj 111 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Site Plan Review No. 41 (Amended) (Public Headat) Request to amend a previously approved Site Plan Review which permitted the expansionof the Mariner's Mile Marine Center located in the "Recreadonal and Marine Commercial' area of the Mariner's Mile Specific Plan. Ile proposed amendment includes a request to delete Condition No. 29 of said application, which requires Planning Commission's approval of any boat chartering operations from the subject property. Should the Planning Commission not wish to delete Condition No. 29, the applicant further requests the approval of the continued operation of a boat charter business from the subject property in accordance with said condition. LOCATION: Parcel I of Parcel Map 87-159 (Resubdivision No. 841), located at 2429-2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club, in Mariner's Mile. ZONE: SP-5 Planning Commission - 2. Layiiatime.at Significance This project has been reviewed, and it has been determined that it is caiegorically cxcmpt frorn the requirements of the California Environmental Quality Act under Class 1 (Existing, Facilities). ► t -_4 ji ► = > 1 . ►i K Ilie Land Use Element of the General Plan and the Local Costal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The existing marine center and the subject boat charter operation are permitted uses within this designation. The land Use Element has also established area specific land use policies throughout the City. These "area" policies set a site -by -site floor area ratio (F.A.R.) development limit of 0.5/0.75 on the site with an above grade parking credit of 0.25. The existing marine center frilly complies with these floor area limits; The subject property is currently developed as the Mariner's Mile Marine Center which includes 35,472± square feet of development consisting ,)f marine related offices and repair facilities. To the northeast, across West Coast Highway are a variety of general commercial and office uses; to the southeast is Cano's Restaurant; to the southwest are boat slips and Newport Bay; and to the northwest are offices. r ground At its meeting of March 5, 1987, the Planning Commission approved Site Plan Review No. 41, which permitted the construction of Phase lI of the Mariner`s Mile Marine Center at 2507 West Coast Highway and combined said development with a previously- approved Phase I at 2439 West Coast Ilighway. Said action also included: the approval of Resubdivision No. 841 which coninined the two parcels into a single building site and the approval of a related traffic study. As set forth in the attached excerpt of the Planning Commission minutes- dated March 5, 1987, the Planning Commission's approval of Site Plan Review No. 41 -included a condition which prohibits the operation of boat charters from the subject property, unless- an amendment to Site Plan Review No. 41 is approved by the City (Condition No,.29�.,» Said condition vwws imposed by the Planning Commission in order to insure hat it had: the opportunity, to review the proposed parldng for' such a use. 1,:. 5hmly' ;after µ� than Plus Commission's approval " of = Site„ -Plan - Rstaff ina Crt�t~ttt% fitted iosnblc net Yoe t *' ccttpY nnc of 'the"bff3t stat)t suit inA _dai�anr�ttrtecaoa ct` fit �cciurintveekdat+vtfn(n-dn „; . , which was prepared'by, the Planning Department. Rather, it w TO-. Planning Commission - 3. Planning Commission meeting as a result of the Commission's discussion of the project, It should he noted that boat chartering is an automatic use which normally does not require discretionary approval in the "Recreational and Marine Commercial" area of the Mariner'4 Mile Specific Plan. In fact, boat chartering is an incentive use which, by its very nature, is to be encouraged and promoted within the Coastal Zone. "Therefore, inasmuch as Xtuff failed to identify the condition imposed by the Planning Commission, it naturally folkmed a decision path that was consistent with the Zoning Code. Although the applicant failed to obtain the Planning Commission's approval for the boat charter use, the City Ctmncil approved a Commercial Harbor Activities Permit for Hornblower Yachts, at its meeting of May 23, 1988 (copy attached). At present, there are 14 locations within the City where boat charter boarding is permitted (see attached list). Each of the locations identified with an asterisk are locations which are permitted to have boat chartering in conjunction with an approved Commercial Harbor Activities Permit, approved in accordance with Chapter-17.41 of the Municipal Code. All the other locations are sites regularly used in conjunction with boat charters which are permitted under the provisions of Chapter 5.18 of the Municipal Code. It should also be noted that there are three locations in the City where the Punning Commission, as part of its approval of a discretionary application on the property, has specifically prohibited boat chartering or required approval of the Planning Commission prior tothe establishment of a boat charter operation. These locations are, the Arches Marina at 3333 West Coast Highway, the 28th Street Marina project at 2600-2700 Newport Boulevard, and the subject property at 2439-2507 West Coast Highway. In the case of the of the property at 3333 West Coast Highway, boat chartering is prohibited due to the difficult and sometimes dangerous vehicular access to the property. In the case of the 28th Street Marina, project, the mixed commercial/residential characteristics of the prujcct was determined not to be compatible with a boat chartering business. It is staffs opinion that in the case of the subject property, there are no specific site characteristics or land use compatibility issues which would warrant the special review of boat chartering activities, Previous Planning Commission 13ic lion lgcgaWing Boat Chart ngUses At the Planning Commission meeting of April. 4, 1991, Tony Meluui, Tidelands Administrator, and Glen Everroad, License Supervisor,: reviewed the. boat: chartering operations on the bay with the Planning Commission. The ` discussion included an explanation, of, when boat, chartering operations , are .'conducted in. conjunction with Commercial Harbor :Activities Permits, : issued in accordance with. Chapter .1.7,4I of the „l4 uric. pa FCodt and by, t t Business Licenseta� nnder:the provisionx of Chapter 5}18 of, thc ,municjgal Code,,., Both .staff membersl agreed- that the 6,current permit system adequately; meets theineeds to. Tegulate,boatcharters:on:wthebay, and that discretionarynni approval by the Plang Commission for such uses way not necessary. 1,O : Planning Commission - 4. In light of the recommendation of the License Supervisor and the Tidelands AdministraUn. along with the fact that boat chartering is an automatic use in the 'Recreational Marinc Commercial" area of the Mariner's Mile Specific Plan, the applicant is requesting that Condition No. 29 be deleted from the previously approved Site Plan Review. No. 41. It should also be noted that the boat chartering facility has operated from the site for the past four years without any serious difficulties. Therefore, it does not appear that circumstances exist which would necessitate continued Planning Comunission review of this application. Staff has no objections to the deletion of Condition No. 29. However, should the Planning Commission decide not to delete Condition No. 29, the following analysis of the boat chartering us-. is provided. As indicated in the attached letter from liornblower Dining Yachts dated August 1992, they operate five yachts which are berthed at the Mariner's Mile Marine tenter. 'Me total U.S. Coast Guard approved capacity for the -five yachts combined is 442ople (capacities of individual yachts are listed in the attached letter). However, in actual practice, the average operating capacity runs alxsut 51% of the maximum allowed capacity or 227 people. As indicated previously, the operation of these five yachts have been approved by the Marine Department and the City Council in conjunction with the issuance of the attached Commercial Harbor Activity Permit. Said permit limits vessel occupancy to 45 persons, Monday through Friday 8:00 a.nL to 5:00 p.m., unless patrons are bussed to the site, and between"5:00 p.m. and 8:00 a.m., the vessel occupancy may not exceed 180 persons, unless patrons are bussed to the site. It should also be noted that Hornblower is capable of bringing in additional yachts from other harbors in southern and northern California; however, these yachts are not permitted to operate under the provisions of the Commercial Harbor Activities Permit. Rather, Hornblower is required to obtain a Marine Charter Permit in accordance with the provisions of Chapter 5.18 of the Municipal Code, which would allow adequate review by the various Departments of the City. Horriblower a'so occupies a portion of the existing buildings on the upland portion of the property. Such uses include a charter sales office, administrative offices, kitchen and pantry for food preparation, and a maintenance shop. The total square footage leased by Hornblower includes 4,030 square feet. The maximum number of employees during peak hoursofoperation is approximately 25. As explained in the attached letter. from Hornblower,.boat -charter activities are conducted within three -basic wiridow&-lof`;time These times include -early -morning to noon;` early afternoon to S•04 p.m.; $nd tlQ.p.m to, end of eve • nub Mast charter, events end at "or t before ;f1:30 P-IMO hc�we3rcr; on some occasions chum the holidav'�ea n: Iatr �it�h,w E st I �a Planning Commission - 5. fs • • 0 U4460 In accordance with the original approval of Site Plan Review No. 41, the Mariner's; Mile Marine Center is required to maintain 96 on -site parking spaces and 18 in -lieu parking spaces in the Mariner's Mile Municipal Parking lot, for a total of 114 off-street parking spaces. Said parking requirement is based on the standard commercial parking requirement of one parking space for each 250 square feet of floor area used for office or retail uses and one parking space for each 2,000 square feet of floor area devoted to marine repair. It should be noted that the 114 parking spaces are for the businesses which occupy the upland portion of the site during normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. This is %Oy vessel occupancy is limited to 45 persons during these hours. After 5:00 p.m. and on weekends, when most of the other businesses are closed, the allowable vessel occupancy goes up to 180 persons. .- In accordance with the off-street parking requirement for boat chartering (one parking space for each three passengers or crew), the respective parking, requirement for each of the above time periods is 15 parking spaces and 60 parking spaces, respectively. Therefore, the on -site parking required for normal beat chartering activity does not exceed 60 parking spaces. It should be noted that if boat charter patrons are bussed to the site, or additional off -site " parking is provided at a site acceptable to the Marine Department, the vessel occupancy could exceed the above stated limits, up to the maximum vessel opacity. 3 �lvation Policy in Conp nctio with &tat Charter Ziv;ly A recent issue being discussed between the Marine Department and Hornblower Yachts has to do with the requirement for advanced reservations for group charters and the restriction of individual walk-on charters. Such a restriction is necessary inasmuch as individual walk- on charters are difficult to control with reg:rds to where they park and there is no wary to verify if the charter operation is meeting its charter requirements.Therefore, should the Planning Commission wish to approve this application, the Marine Department has recommended that no individual walk-on charters be permitted. TIC Use-Q BhIses in ba_. lion with Boat Charters In the portion of the attached letter from Hornblower that discusses 'Parking." there is a discussion regarding the use of buses in conjunction with the beat chartering activities.- The basic issue is that although Hornblower Yachts, as well as the City, wants to encourage the use of buses to transport charter patrons to the site, the Cit. s requirement to off-load buses on private property rather than at the "curb on West :coast Highway, tends to prevent the use of biasses inasmuch as there is insufficient space on the Property to turn a full size motor , coach around.` If a larger bus pulls onto the site' it is r k.1; ��to back out o' West Coast Highway which the Police 3'3e Y parftnent objects to bccttse tsf the,iupact on traffic flow. In discussing thisissue with the -City Traffic n irtcer, it has been_su ted that gg�s perhaps there could be a centralized bus loading/unloading area e4abli's6d} within Mariner's Mite_area which could serve Al, of -the boat chartenhi activities in the viciiity. Regardless, `of "the r MW TO: Planning Commission - h. Planning Commission action concerning this application, the City Traffic Engineer and the Marine Department will be discussing this issue further in an effort to promote the use of buses in conjunction with boat chartering operations. Section 20.01.070- F of the Newport Beach Municipal Code provides that if all applicable standards established by this section are met, the Planning Commission shall approve the development. The Code further provides that conditions may be applied when the development does not comply with the applicable standards and shall be such as to bring said development into conformity. It is staffs opinion that the subject boat charter operation has satisfied a standard of operation which is consistent with the intent of the Mariner's Mile Specific Plan:. It is staffs further opinion that there are adequate review procedures within the Municipal Code which allows the City sufficient review authority over the existing boat charter operation, and that any additional review by the Planning Commission is a duplication of effort and therefore unnecessary. Should the Planning C�'c,rninission concur in this opinion and wish to delete Condition No. 29 of the original applicatiorr, it is suggested that the Planning Commission approve Site Flan Review No. 41 (Amended) with the findings and condition set forth in the attached Exhibit."A." Should the Planning Commission determine that its review of the boat charter activity is necessary, but in this case determines that such use is appropriate, it is suggested that the Commission approve Site Plan Review No. 41 (Amended) with the findings and conditions set forth in the attached Exhibit "B." Inasmuch as staff can not at this time identify sufficient findings for denial of this application, no exhibit for denial has been provided. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such an action. PLANNING DEPARTMENT .IAMBS D. HEWICKER, Director o at -Y(-'n n r) illiam Ward Senior Planner Attachments: Exhibit "A" E Planning Commission - 7. EXHIBIT "A" FINDINGS ANT? CONDITION OF APPROVAL FOR SITE PLAN REVIEW NO. 41 (AMENDED) (Deletes Condition No. 29) 1. That there are adequate review procedures within the Municipal Code which allow the City sufficient review authority over the existing boat charter operation, and that any additional review by the Planning Commission in conjunction with vr approval of Site Plan Review No. 41 is unnecessary. 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has ,,*:,-.-essfully operated for the past four years in accordance with said permit. 3. That the subject boat charter operation is consistent with the Gencral P).tn ,-.0W the adopted I..ocal Coastal Program, I-and`Use Plan, and is eompatiblc with sv uo„r= j�ng land uses. 4. That adequate off-street parking and related vehicular circulation are being pr- ,ML:ed in conjunction with the boat charter operation. 5. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and Marine Commercial" area of the Specific Plan. C'Qnditis tz: 1. That Condition No. 29 of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby deleted. TO 0 0 Planning Commission - 8. EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL FOR SITE PLAN REVIEW NO- 41 (AMENDED) (Retains Condition No. 29) 1. That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 3. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and Marine Commercial* area of the Specific Plan. 4. That the existing boat charter operation has successfully operated for the past four years in accordance with a Commercial Harbor Activities Permit approved by the City Council on May 23, 1988. Cond_itian_s: - . I. That all applicable conditions of the Commercial harbor Activities Permit for Hornblower Yachts and the previously approved Site Plana Review No. 41 shall* be fulfilled. 2. That all charters from this site shall be done by advance reservations for group charters and that individual walk-on boat charters shall not be allowed. 3. That a minimum of one parking space for each three passengers and crew shall be provided. 4. That adequate trash facilities shall be provided on the upland property for the goat charter activities. Said trash facilities shall be screened from West Coast Highway and adjoining properties. Thnt n' A.,ntPt nnArtna r,^ tA,-A choa) TO: Planning Commission - 9. 7. That the consumption of food and beverages shall be in conjunction with the boat charter activities only and shall not be permitted on the upland portion oi the property. 8. That the applicant shall obtain Coastal Commission approval of this application. 9. That the Planning Commission may add to or modify conditions of approval to this application or recommend its revocation to the City Council, upon a determination that the boat chartering operation causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. A!j �,y"�+�'^.— R ' �� R,, ��f fir~, +s "✓� 4i O y-s x� s t► y, f �\ h •1 Sp !i! MIS 4.Nt ,{ � r DiSTROCTING MAP NEWPORT BEACH'- CALIFORNIA ALL CITY OF NEWPORT BEACHSePtember 1(), 19'r- 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the past four years in accordance with said permit. 3. That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 4. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 5. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and. Marine Commercial* area of the, Specific Plan, CQndilim. 1. That Condition No. 29-of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby deleted- -o 3293 (Amandcd) (bblic Headng) R qur s t end a previous lyapproved use permit whiCh P�rmtte addition of live"ntertainment , to Ott, DINING YACHTS Mariners Mile Marine Center 2431 West Pacific Coast Highway _ Newport Beach, CA 92663-1779 714%646-0155 FAX 714/646-5924 August1992 Berkeley i Tony MelutYl Tidelands Administrator Marine. Department City Of Newport Beach Newport Beach, CA 92663 Long Beach 1. I Dear Tony. As you will recall, I volunteered to update the individual items from my Harbor Permit application dated 29 April 1988. 1 have had the attached completed but simply have not gotten around to mailing it to you. Here it is, I apologize for the delay. Los Angeles In order to be as clear as possible, this the attached document is arranged in the same order as the supporting information included in the 1988 application. With this in mind, I will use the same title I headings so that you have an easy way to compare the current with the past. As always, please don't hesitate if you need me to clarify some point. Thanks for the help. Marina del Rey - l: incerely, rnblower Di g a - Newport Beach Davld M Pahl San Diego San Francisco I I , Seattle Berkeley i Long Beach Los Angeles Marina del Rey Y �e Lil naft HORNBLOWER DINING YACHTS Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Items #1 and #2 (location, vessel berthing and passenger loading). Hornblower Dining Yachts conducts its entire operation out of the Mariners Mile Marine Center at 2431 West Coast Highway. There are fire vessels currently berthed at this facility. These yachts, along with their USCG certificated capacities are as follows: Yacht Capacity Newport Homblower 160 Zumbrota 150 Hornblower 68 Lady Hornblower 49 Spike Africa 36 Total Capacity 442 In addition, we have the capability to bring in yachts from our other southern California locations. These yachts, which are pictured in the attached event guide range in size from 49 passengers all the way up to 760 passengers. In accordance with the City of Newport Bead Municipal Code, whenever we bring a yacht to Newport Beach from one of our other locations a Special Activity Permit is requested and issued from the License Supervisor. For the most part, all of our passengers board and disembark here at the Mariners Mile Marine Center. There are occasions when our customers request that we meet them at other locations. These other locations have included private homes, nearly all of the yacht dubs in the area, and various local restaurants and places of assembly. Although we encourage our customers to use our primary boarding location, we will accommodate the other locations noted above if a Special Activity Permit is San Diego issued. i Just to be complete, let me take a few moments to address our office situation. Our office space here at the Marine Center is. effectively divided into'four areas. Working from front to back these areas are * as follows: o Sales Office o. Guest Services (Operations and Food and Beverage) San Francisco o Kitchen and Pantr y y o Maintenance. Shop. Seattle I i I I Berkeley Long Beach Los Angeles j. Y A A Lil HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-015.5 FAX 714/646-5924 Each area serves a different aspect of our business. The following presents each: o Sales office. Our primary charter sales activity occurs in this office. Although our business is primarily accomplished over the telephone, we do have customers come to our office. to Visit the yacht of choice and review contract material. This sales act ivy is primarily Monday through Saturday. The second sales effort is in what we have developed an internal telephone switching system which allows us to transfer virtually all of our I DC calls to our Central Reservations Crew (CRC) located in San Francisco. We will discuss the business in more detail under item #12 below. o Guest Services. This office houses our Food and Beverage Manager, Chef. Operations Manager and our Senior Captain. All of the things which happen to or on the boats probably originate here. These managers are responsible for all of the crew scheduling, food preparation, the schedule of maintenance,training and safety programs. o Kitchen and Pantry. As you know, we prepare all of our awn food using our own crew to do the. work. Our chef receives food product from our various suppliers, prepares for upcoming events, and_ stores whatever can be held. In other words, this is a commercial kitchen. At the time of an event, we move the product to the designated Manna del Rey yacht -,and the food is then cooked on board. We have been licensed by the Orange County Heafth Care Agency to conduct our business. As a matter of fact, we have been awarded permits for our kitchen and all of our yachts. o Maintenance Shop, As you are aware, boats provide us with an ongoing opportunity for maintenance. We have designed a small shop in order to accommodate the Newport Beach projects required for the upkeep of commercial yachts. This is not a full various daily ro r p p 1Y 13 1 q mechanics shop but we can do a variety of repairs. We reserve major engine teardowns and intricate work for specialists. i Item #3 (Number of Passengers). San Diego As was noted earlier, the maximum number of passengers which can be carried by the vessels which are permanently berthed at 2431 W. Coast Highway is 442. It would be a very unique occurrence is tcapacity. The maximum capacity as defined on our Certificate the yachts o indeed to dual fillallof h ac tually ya � � of Inspection (issued by the Coast Guard) is exactly that - maximum. Maximum capacity on a boat is no different from the capacity limitation advertised on an elevator. When you next find yourself on an San Francisco elevator, locate the placard which is the capacity limitation and imagine what the space would be like if Seattle Y - A � HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155`=-. FAX 714/646-5924 j it,were full to that limit. The same cramping can be imagined for a yacht when filled to the maximum certified capacity. Berkeley In actual practice, the events on our yachts averse about 61 % of the advertised a With this in p Ya g capacity. j mind, we can. enlarge the table shown earlier to include this actual event average. This revised table would report the following information: Yacht Gapacii)► Event Average Long Beach Newport Homblower 160 77 Zumbrota 160 77 Hornblower 68 30 Lady Homblower 49 26 Spike Africa 36 18 Los Angeles - Total 442 227 During the four years we have operated out of 2431 W Coast Highway, we have carefully studied just about every aspect of our business. Our average event capacity has held steady for the past three Marina del Rey years, We should note that this is down somewhat from our first two years in Newport Beach but this could have something to do with the size of the current boats, the kind of programs which are currently sold or even the existing recessionary economic environment. Item #4 (Parking). Newport Beach It would seem that the question which the City of Newport Beach has as top of mind about Homblower Dining Yachts is "do they have enough parking?", As l noted in my original permit application, parking seems to one of the most critical issues to be resolved by legitimate business operators. We have studied and streamlined our business to be comfortable with the fact that on any particular evening or San Diego weekend, there is sufficientparking to accommodate our guests comfortably and stay well within the requirements of our Commercial Harbor Permit. We have added, in addition to our Phase 2 parking agreement, 30 spaces in the Phase 1 portion of the Marine Center. These spaces are available with one restriction: We must notify the landlord 48 hours in advance of using the lot. Along with that we have access to 14 "in lieu" spaces purchased by the San Francisco Newport- Bay Group. These spaces are located at the public parking lot across the street from our office. As can be quickly calculated, these additional 44 spaces represent the equivalent of 132 Seattle Berkeley Y Y Lj- HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 passengers. As we have discussed. over the years the parking lot spaces, if managed by a skilled valet, can accommodate nearly 40%. more cars than the actual space count. During .our time in business here at the Marine Center, we have formed relationships with a variety of local businesses. These businesses, all located within a short walking distance from our office, have found their way dear to rent, on a short term basis, their parking lots to us. To be more specific, these businesses are: Long Beach o Sonship Bookstore o Waterfront Homes o Newport Classic Inn o Cano's Los Angeles Cur rental agreements with these businesses are event (meaning date and time) specific and are paid in advance. Clearly, these businesses rent to us at times and on dates that do not all conflict with their own requirements for space. As you are aware, we have made it a routine practice to rent one or more of these lots if we feel that a particular combination of events on a specific date could take us past our permanent parking limitations. Quite frankly. we probably rent these lots more than would be actually required by the City of Newport Beach. We concern ourselves with service to our guests. If a Marina del Rey customer is unhappy at the start of an event because of a parking problem, our onboard crew is put in the difficult position of getting the customers past their upset in order to make sure that the event was a -success. As was noted in our original application, we still encourage our customers to come to our location by some form of mass transportation. As, a matter of fact, it is actually easier for us to work with groups if Newport Beach they arrive all at once. In effect, we are in a people moving business and with busses, people control becomes an absolute snap. It is interesting to note that the problems which we encounter about bussing are generally not customer related. In our Commercial Harbor Permit, the City of Newport *. Beach encourages us to bus our guests. Oddly enough, it Is the City of Newport Beach that, In practice at least, discourages our use of busses. The best bus program is for a motor coach to pull up to a curb on Pacific Coast Highway and off-load passengers right onto the sidewalk in front of our location. This allows for a safe off-loading of passengers, a safe operation of busses, and virtually no San Diego impact on the traffic on Coast Highway (If there is a traffic problem it would be the effect that the bus would have on the vehicles leaving our parking lot). In the View of the City of Newport Bead, it is preferable to have busses to pull into our parking lot, off-load passengers and then pull out into traffic * again. The snarl of evening traffic which results in this evolution is something to be seen. Traffic on Coast Highway is almost never at the speed limit (meaning it is usually considerably faster than the speed limit) and, as a result, a slow mowing bus usually results in frayed nerves and fast stopping cars. San Francisco This is not a complaint about busses or the speed of traffic. The attempt here is simply to present the contradiction, The Marine Department requires me to encourage bussing and have the busses drive Seattle Y A HORNBLOWER D IN ING Y A C H T S Mariners Mile Maine Center 2431 West Pacific Coast Highway . Newport Beach, CA 92663-1779 714/646-0155 ; FAX 714/646.-5924 into the parking lot but the Police Department presents the problem of traffic if the busses actually use Berkeley the lot. Finally the Traffic Department of the City tells me that busses should not stop in front of our building to off load passengers. No matter what we do we wind up upsetting someone. i In my permit we talked about valet service and security. We continue to use valets for many of our programs. This allows for a smooth flow of traffic and actually helps us to control the crowds. We are Long Beach still very aggressive about making sure that our guests arrive and depart with a minimum of fuss and bother. Further, the use of valets allows us to accommodate more cars than our parking lot would allow if we were entirely "self parked". In many respects we have become experts in the field of crowd control. It is in Hornblower Dining Yachts best interest to move our guests to and from our yachts with safety and dispatch. Whether a Los Angeles customer is a charter host or an I DC customer, we incorporate our physical instructions to our guests into the purchase discussion. I believe that we are very aggressive about instructions. We have designed maps which have a permanent place in all of our standard printed literature. We have larger maps for the use of our customers to include In any invitations which are printed. We direct our customers to our Phase 2 parking or a secondary if we have acquired another lot for an event. Marina del Rey Items #6 and #6 (Operational days and hours). * Our program in Newport Beach is very much the same as is offered by all of our other Homblower Dining Yachts locations. Our program can be broken into two distinct categories as follows: Newport Beach o Sales office and Administrative: - - - 8:30am to 6:34pm Monday through Friday - 9:00am to 4:40pm Saturday o Yacht charter and I DCs: We are available for charter at the request of our customers. We think of our San Diego available times as "windows". There are three primary selling windows each day: I - Morning - early morning until about noon - Midday - early afternoon until about 6:00pm j - Evening - about 6:00pm until the end of the evening. Thinking in terms of "windows of time" allows us to have the most flexibility in terms of revenue opportunity. For example, if we were to allow an event to begin at 4:00pm San Francisco and run until 8:00pm we would lose the opportunity to sell an evening program because our average customer would not be interested in beginning a dinner or Seattle 1 10J HORNBLOWER D I N I N G Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway - Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley cocktail cruise at 9:00pm (we like to allow ourselves an hour between events for dean -up and preparation). For the most park our events:for any particular day are over by 11:30pm. On occasion we have events that run until midnight. We do, of course offer special event late night i programs which are holiday type cruises (New Year's eve for example). Long Beach Items #7 through #1"0 (Routes of travel, activities, merchandise, vessel certification and licensing). Route of Travel. We have a fairly standard cruise pattern which limits us primarily to the major portions of Newport Bay. This route was suggested by the Marine Department for our larger yachts. Our three I- small yachts, have more opportunities to squeeze into some of the nooks and crannies of the bay but Los Angeles we tend to stay in the larger areas (this primarily for safety reasons), Activities. Every cruise, whether a private charter or an IDC, is an event for us. Indeed we are able to cross sell our program from one type of event to another. Our attempt is to present our customers with a unique experience of fine atmosphere, good food and wonderful views. We try very hard to give each i and every customer a reason to not only tell others about the value but to come back again. Marina del Rey Merchandise. We continue to sell merchandise to our guests. This merchandise is a range of products which is presented in our literature (attached for your review). Vessel Certification. We continue to operate only inspected passenger vessels. It continues to be our view that the Cry of Newport Beach is at risk by issuing Activity Permits for yachts which are not Newport Beach Inspected. Licensing. In addition to operating inspected passenger vessels, this Hornblower Dining Yachts - . location has been licensed by the State Department of Alcoholic Beverage Control to sell alcohol. Further, our kitchen.and galleys aboard the yachts have been issued health permits to operate as a a a food service (restaurant) business. San Diego Item #11 (Inourenov). I We continue to carry insurance which provides adequate protection for our business. Editorializing a * bit, I could say that here is another place where the City of Newport Beads could be at risk. An operator of an inspected passenger vessel is required t carry insurance which covers both the operator as well as the passenger. An uninspected yacht cannot by law have insurance which covers San'Francisco passengers. In the case of an accident, an injured party would not be covered unless a separate insurance policy was purchased for a particular event. Seattle i - - - Li i HORNBLOWER DINING YACHTS I r Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX714/646-5924 Berkeley i Item#12 (Other pertinent information). Sing the original application. Hornblower Dining Yachts has expanded. As of this writing, our fleet encompasses the following locations and yacht capacities: Long Beach Start Year Location # of Yachts Total Capacity 1980 _Berkeley- 6 850 1984 San Francisco 2 1500 1985 Coronado 3 260 1987 Newport Beads 6 442 Los Angeles 1988 Marina Del Rey 6 679 1989 I -A long Beach 1 760 1990 San Diego 2 875 With the exception of Coronado, all of our locations offer both charter and I DC events. Since 1988 our Marina de' Rey Newport Beach I DC business has averaged in the 12% to 16% of total revenue range. Our mix is critically important to our future. We spend a significant amount of effort on trying to cross -sell programs. In other words, our crews are trained to tell our guests that we offer private events as well as individual dining cruises: that we have I DC brunch and dinners: that we certainly offer special event cruises like Parade of Lights, New Years eve and Mother's day. Newport Beach As Was mentioned earlier, we need to control our business as much as possible. This is due in part to the difficulties of preparing food on the boats and in part to our wanting to be prepared to control the j groups that arrive. As a result, we are a reservation only business. Our program is based on a policy of prepaid events. As mentioned earlier, charters and I DCs are events and it doesn't matter if a group numbers 2 or 400 they still need to make a reservation and confirm that by payment. I should say that San there are no absolutes in life and we will not guarantee that there are no exceptions to this rule. We Diego make every attempt to keep dose to our policies. Occasionally we will find that an I DC couple shows up at our boarding ramp without a reservation. We will make every attempt to accommodate the party. But given our program, these exceptions represent only a tiny fraction of our business. i Our Individual Dining Cruise program is not a walk up and sail program. We offer scheduled railings for evening dinners and weekend brunches. Occasionally we offer lunch programs but only when a large San Francisco { i portion of the yacht is booked by a group. Our dinners are scheduled to sail at 7:30pm. We ask our - Seattle A� M Li A A HORNBLOWER D I N I N G Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 guests to arrive for a 7:OOpm boarding time and remind them that we depart promptly on the half hour ("don't miss the boat"). Berkeley Item #13 (Sewage and litter). . Our location at 2431 West Coast Highway has given us the opportunity to tailor the facilities to meet j the unique needs of our business. Shortly after we moved into this location, we designed and constructed a pump -out facility for our yachts. This pump -out is much larger and has greater capacity Long Beach than any of the public facilities situated around the bay. The other aspect of our business which is a focus for us is trash collection. Like any restaurant, we generate a significant amount of trash. We have worked closely with the Management of the Mariners Mile.Marine Center to have regular trash pick-ups. When in our busiest season we arrange for extra Los Angeles pick-ups to make sure that we control the amount of trash. Item #14 (Inboard Entertainment). As was stated in our original application, we offer a wide variety of entertainment for our guests. We continue to provide this entertainment inside the yachts only. Al of our Captains and First officers are well aware of the restrictions with regard to noise levels on the bay. Marina del Rey Application Summary. Four years ago we stated that our aim was to "conform with the City guidelines fora business such as ours". We even stated that we wanted to "be the model company of our industry". I believe that we Newport Beach j have met these objectives and that our business has operated within the constraints of both our location and our Commercial Harbor Permit. In our view we have kept both the Marine Department and the Business Licensing Department involved in our operation with an open door policy. We hope to continue to operate in this fashion. We ended our application of four years ago with a sentence that i still applies: We look forward to a long and mutually rewarding relationship with both the City of San Diego Newport Beach as well as the residents of the surrounding community. i i a l N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RECORD OF ORAL INFORMATION In person Telecon From • L BV Firm: �V�1%�� Tel. e Fi rm: �'�7�jf OreK Tel Subject: r A;yL O NO. IINIT. DATE ACTION P.W. DIRECTOR CITY ENGINEER UTILITIES DIRECTOR ADMINISTRATIVE ASST. TRAFFIC ENGINEER Z DESIGN ENGINEER OFFICE ENGINEER SUBDIVISION ENGINEER CO-OP PROJECTS ENGINEER FED ENGINEER, SECRETARY File: Date:, s�41 Z Aft a Ari ' ;O Aw I L:tI / r yy I . .1 rl r lu- 2.,1 zm ----- -------------- - -- — -- ------------ — --- ------- --------- — -- ------------------- — - — ------ ---------- (We) and day that of rer7"-jN. r, penalt applicatio'. 3=, t��. 4-,Gr7,a-. - going gtatevants and '1;4L An'; arc in all respect-1- !T"-, 11cr c— f written mom An rvj,,,q� r-W, ovner to ---------------- ---------------------------- - -- -------- ---------- TH IS APPL.CAT:ON FIFLOW We Date A pqview Date ------------ Vat AotiO Appeal Newport Beach/Costa Mesa Daily Pilot . Al2 Thursday, July 9, 1992 rc Dining ac ts. Each Wednesday, the'community is invited to a free evening cruise around Newport Harbor on aT T l . glorious, huge, IL I i 3 incredible yacht ,1 sYry + f A . Nti e1 fli {! G r 1 a%z n ,�' s F fy �� a i% , J .for two : hours of x. 1 ttr. .rt:� a { r YAK 4 5 � s(=r hors d'oeuvres, , i � rink with M� ++ �; ;,_� V fellowship and fun, foy u'dhke�to Pin s onboard one or more of these a . ] — cruises, look for details in upcoming editions of -the Daily Pilot. The Wet - r k 1s' x 4`. r x''s 5 t: C ... 3�,t z5�,xf FSi<3 �s3� �1 z Jx Wednesday bay i. % t . �c r r itgive' r `{ 0 CrUISeS W l you } 0 a chance to get i . ��✓rx i� 1 t 4 t k �� . St "fit mot o H+ r� e inv lved with -, 3, xa a "M y our community. 5 s ��3 r r e f6� An,�4' Meet a nd or r / two be introduced XI 1 t - to the loca movers D p E . and shakers and just plain have fun i with door prizes, �� Yw hors oeuvres, music, o®host bar,outrageous surprises and more and it's all free. Wet Wednesday Kick-off Night July 22 1 Newport Beach Library/Authors Night July 29 Fashion Island's Fashion Night August Meet Your Politicians Night August 12 Newport -Mesa Realtors Night August'19 S its Night (ro, Olympics, College, High Schaol) August 26 Back'to,school Night (teachers, parents, students, administrators) September 9 Daily Pilot Advertiser Night September 16* + Newport Harbor Chamber'Night September 30 i *Invitaaon Only The Daily Pilot and Hornblower Dining Yachts:XXX ® THE NEWPORT BEACH •COSTA MESA A continuing commitment to the community. Oft . i r i -: City Council Meeting March 9, 1992 Agenda Item No. — CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Off -Site Parking�Proposal Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking Site: Parcel 3 of Parcel Map No. 25646 (Resubdivision No. 926)_ located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: APPLICANT. Apyli� tion SP-5 Waterfront Homes Realty, Newport Beach Same as applicant This application involves a request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial area of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. - Suag sted Action If desired, approve the off -site parking proposal with the findings recommended by the Planning Commission contained in Exhibit "A" of the February 20, 1992 Planning Commission staff report. TO: City Council - 2. Planning Commission Recommendation At its meeting of February 20, 1992, the Planning Commission voted (6 Ayes, 1 Absent) to recommend the approval of the subject off -site parking proposal to the City Council. Copies of the Planning Commission staff report and an excerpt of the Draft Planning Commission minutes are attached for the Council's information. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Bv ikliz4ozarl",�W. - � i . m Ward Senior Planner Attachments: (For City Council Only) Planning Commission Staff Report with Attachments, dated February 20, 1992 Excerpt of the Draft Planning Commission Minutes, dated February 20, 1992 Site Plan, Elevation, Floor Plans and Section sill-w\UP\WrRFRT1opa Planning Commission Meeting rebruau 20 1992 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: pff= rkin�_Pronosal (Dis i n Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Waterfront Homes Realty, Newport Beach OWNER: Same as applicant Application s to provide This application involves a request to .approve an off -site parking proposals alterations PP and required off-street parking on an adjoining parcel in conjunction vent additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. Envir nm 1 i nifi n This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). TO: Planning Commission - 2. rr,nformanc� with the T an�a[ PI n n aliI Program The Land Use Elements of the General Plan and the Local Coastal Program f °ermined use within site for "Retail and Service commercial" lement hasuses.al o established The larea specific land use policiesF this designation. The Land U policies set a flexible floor area ratio ( ) throughout the City. 'Theo "area" p° Based on such policy, the Base development limit of 0.5/0.75 for the subject property. square feet (13,500 sq.ft. x 0.5 = Development Allocation of the subject p p rtY The existing structure and proposed addition will toi the BasF.A.R. Development pment 6,750 sq•ft•)1 ft. = 0.392 FAR), which conforms (5,297 sq.ft. -= 13,500 sq. Allocation for the site. Su Prr'1 �*� S rround i and Uses cels of land, one of which fronts upon West The subject property is comprised of two Par a parcel 1) and is developed with a 4,258± square tlf adjacent and northerly Coast Highway the second (Parcel 2), which is a land locked parcel rrkingtaz a containing approximately 22 of Parcel 1 and which is improved as a paved p ng location was established as parking spaces. It should also be noted P � h ponhs approval of Resubdivision No. a single parcel in conjunction with theg arcel, the Planning Commission 926. Inasmuch as it was approved as -a land locked p develo meat of the site unless it is combined by imposed a condition which prohibits any p fronting on West Coast Highway. To the means of a parcel map, with adjoining property rking Lot with residential uses north is the access drive to the Marinees bi �ileto he east, inicipal a boat storage and repair yard; beyond, on Cliff Drive at the top of the l uth across West Coast Highway, is the Mariner's Mile Marine Center; and to the to the so , west is. the Sonship Christian Book Store. Any and the existing office As shown on the attached plans, the applicant is proposing to exp par building on Parcel 1 by enclosing an existing covered parking aewhich hCon t fl o area of spaces. Said enclosurewillinclude 976.5 square feet and van increase the building to 3,986 square feet. R�Auired and Provosed Off-Stre� ing Based on the current commercial -parking requirement of one parking space for 250 square area, the subject building, with the proposed addition, o l require 16 parking the building site, the feet of floorparking s aces remaining spaces. Inasmuch as there will only be 8 p 8 P 1 The existing gross floor area shown on the attached plans is incorrect inasmuch as exte rior stairs and balcony were included by the applicant in the gross floor area calculation TO: Planning Conunission - 3. applicant is requesting to provide the remaindothe �required ted previously and as shown adjoining parcel which is also owned by the applicant. on the attached plans, the off -site parking area will contain 22 parking spaces which is more than sufficient to satisfy the applicant's parking requirement in this case. It should also be noted that inasmuch as a ltparking will not be required To e same ownership as the building site, a formal offsite Parkinagreement g applicant will be required to insure the continued availability of the off -site parking, the aPP remainll require the property to record a covenant against Parcel 2 which �minimum of 8 parlang Paces for the in the same ownership as Parcel 1, and that the site maintain a duration of the office building use on Parcel 1. Rea indin In accordance with Section 20.30.035 D of the Newport Beach chh Municipal OCodve oe, the P� parking Commission shall not recommend and the City Council uPF on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in conjunction with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. c Such lot and the building site are in the same ownership, r the owner ners of the or owners () building sites have a common ownership in such lot, and t are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Inasmuch as the parking proposal is not a formal parking agreement, item (c) and (d) above will be satisfied by the recordation of a covenant as mentioned above. Staff has no objections to this proposal inasmuch as the off -site parking area has direct vehicular and pedestrian access to the building site, and its use will minimize any pedestrian and traffic safety concerns normally associated with off -site parking. TO: Planning Commission - 4. Should the Planning Commission wish to approve this off -site parking proposal, the findings and conditions of approval set forth in the attached Exhibit are find findingssuggested. be reasonably included an exhibit for denial inasmuch as all of the �' be made in this case and the related construction conforms Code. thHowever,rtheretmaytbe General Plan, Local Coastal Program and the Zoning y provide additional information presented at the PlanningCommission meetingwhich may p grounds for denial of the application. PLANNING DEPARTMENT DAMES D. HEWICKER, Director W. William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Site Plan, Elevation, Floor Plans and Section TO: Planning Commission - 5. EXHIBIT "A" FINDINGS AND CONDITIONSPO � INVOLVING PROPERTY OFF -SITE PARKING PRO AT 2436 WEST COAST HIGHWAY Fin in 1. That the off -site parking location is located so as to be useful in conjunction with the proposed use or uses on the. building site. , 2, That the us e of the off -site parking location in this case will not create undue traffic hazards in the surrounding area. 3. Tha t the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. 4. The owner or owners, upon the approval of City and content by the City Attorney, instrument or instruments, approved as to form providing for the common ownership of the building site (Parcel maintenance of eight (8)l) and the off -site off --street parking � parking location (Parcel 2) as well as the mai [ spaces on the off -site parking location for the duration of the office uses on Parcel ith any easements 1. 5. That the design of the proposed improvements willeflic property within the wi acquired by the public at large for access through or use proposed development. Conditions: That prior to the issuance of building permits, the owner or roved owners, upon the form and approval of the City Council, Which shalall l a covengrantee that Parcel 1 and Parcel 2 content by the City Attorney, � remain in the same ownership and as one building site 2 for the benefit of Pa �el (8) off-street parking spaces shall be provided o in 1 throughout the duration of the office uses on Parcel 1. Should a change the time additional use be proposed, the off-street parking regulation applicable shall .apply. Such covenant shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. th Prior to the issuance of building permits, a applicant shall obtain the City Council's approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. 1. 2. TO: Planning Commission - 6. 3, Prior to the issuance of building permits, the applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. P 4, That all improvements be constructed as required by Ordinance and the Public Works Department. That the on -site parking, vehicular circulation and pedestrian circulation systems be 5• Th Traffic Engineer. subject to further review by the City Arkin lot and the off -site parking lot shall 6, That the driveway between the existing parking with asphalt over aggregate base maintain a minimum width of 24 feet, and be p per City standards. --k u L � S e �jJ YICINIT'f Mhp CLIFF ORWE 2 R-I SEE Mdr A/D. s r �e L Sr-s R-J Sp-0 qy s ,•. � Q :'- r y Pik 8 • o� � �xy 8 c c «U -- O U.1 rX �y/NNI•L los : Its IL \ \ \ O: \�ti M\a \ G-1-H o Z c Qa� C•l_H - Q t Y i C-1-H 1^' Sn26LT p 13 1 r!r ,.rw a Iuor a r.rs-Te SCALE we OF FEET .ee yIe J°°° p SI TRICTI NEWPORT BEACH AGRICULTURAL RESIDENTIAL R-1 SINGLE FAMILY RESIDENTIAL R-2 DUPLEX RESIDENTIAL R=S, RESTV MIILTIPL! W-LY RESIDENTIAL Cowmfm DISTRICTS NG MAP CALIFORNIA MULTIPLE RESIDENTIAL LIGHT COIAMERLUIL. GENERAL ComNERCIAL MANUF:CTURING UNCLASSIFIED i c m ' 4 COMMISSIONERS ROLL CALL 0 Motion Ayes Absent I February 20, 1992 MINUTES DRAFT CITY OF NEWPORT BEACH :)ff-Site Parking Proposal (Discussion) [bequest to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial' area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919; Off -Site Parking Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926) located at 2436 .West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. SP-5 CANT: Waterfront Homes Realty, Newport Beach Same as applicant Gil Forrester, applicant, appeared before the Planning mmission. and he concurred with the findings and conditions in ibit "A'. • Motion was made and voted on to approve Off -Site Parking •Proposal according to the findings and conditions in Exhibit "A". MOTION CARRIED. That the off -site parking location is located so as to be useful in conjunction with the proposed use or uses on the building site. That the use of.the off -site parking location in this case will not create undue traffic hazards in the surrounding area. Ell INDEX Item 2 Off -Site Parking Proposal I i February Lu, MINUTES COMMISSIONERS DRAFT 1; ZOLL CALL CITY OF NEWPORT BEACH ;. That the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. 1. The owner or owners, upon the approval of City Council, intend to execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the common ownership of the building site (Parcel 1) and the off -site parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking spaces on the off -site parking location for -the duration of the office uses on Parcel 1. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access -through or use of property within the proposed development. 1. That prior to the issuance of building permits, the owner or owners, upon the approval of City Council, shall record a covenant, approved as to form and content by the City Attorney, which shall: guarantee that Parcel 1 and Parcel 2 remain in the same ownership and as one building site and that a minimum of eight (8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel 1 throughout the duration of the office uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such covenant shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. -7- INDEX February 20, 1992 COMMISSIONERS DRAFT C MINUTES ROLL CALL CITY OF NEWPORT BEAC_% 2. Prior to the issuance of building permits, the applicant shall obtain the City Council's approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. 3. Prior to the issuance of building permits the applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. b. That the driveway between the existing parking lot and the off -site parking lot be a minimum of 24' wide and be paved with asphalt over aggregate base per City standards. Request to amend a previously approved use permit that permitted the expansion of an existing restaurant now known as the Warehouse Restaurant which included on -sale alcoholic beverages, dancing and live entertainment in the C-1-H District. The proposal in -dudes a request to add 12 billiard tables to the existing estau t facility which will be located within the existing "net ublic area the restaurant. The proposal also includes a request o allow the sec o floor of the restaurant to be used for billiards wring the day, where he existing use permit prohibits the use of the second floor during t day, Monday through Friday. A 9 month review of the existing re rant operation is also included, as required by the Planning Commi ' n. INDEX Item No. UP1711A Approve a • I CERTIFICATION DATE: 14F,EB9 2 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION EXPIRATION DATE : - 14FEB95 UNITED STATES COAST GUARD �p�rtificot� of �'n action VESSEL NAME. OFFICIAL NUMBER CALL SIGN SERVICE ' CABARET HORNBLOWER D329432 NYZ7094 PASSENGER HOME PORT - HULL MATERIAL HORSEPOWER PROPULSION LOS'ANGELES-LONG BEACH,CA WOOD 1970 DIESEL REDUCTION PLACE BUILT DATE BUILT - GROSS TONS S DWT LENGTH PORT HUENEME, CALIFORNIA 01JAN70 46 INtTTON 38 45.500 OWNER OPERATOR HORNBLOWER YACHTS, INC. HORNBLOWER YACHTS, INC. FERRYBOAT SANTA ROSA FERRYBOAT SANTA ROSA PIER 3 PIER 3 SAN FRANCISCO, CA 94111 SAN FRANCISCO, CA 94111. THIS VESSEL MUST BE MANNED WITH THE FOLLOWING LICENSED AND UNLICENSED PERSONNEL,. INCLUDED IN -WHICH THERE MUST BE 0 CERTIFICATED LIFEBOATMEN AND 0 CERTIFICATED TANKERMAN. 1 MASTER _ MASTER & 1ST CLASS PILOT ABLE SEAMEN CHIEF ENGINEER FIREMEN-WATERTENDERS _CHIEFMATE CLASS PILOT ORDINARY SEAMEN 1ST ASST. ENGINEER OILERS _2ND MATE RADIO OFFICER(S) 2 DECKHANDS 2ND ASST. ENGINEER MATES_ OPERATORS) ENG'RS. IN ADDITION, THIS VESSEL MAY CARRY 8 0 PASSENGERS, OTHER PERSONS IN CREW, PERSONS IN ADDITION TO CREW, AND TOTAL PERSONS ALLOWED: ROUTE PERMITTED AND CONDITIONS OF OPERATION: LAKES, BAYS AND SOUNDS: CONFINES Or MARINA DEL REY, CA, NOT MORE THAN 1000• FEET FROM SHORE. DURING DAYLIGHT HOURS THE NUMBER OF DECKHANDS MAY BE REDUCED TO i, MAXIMUM NUMBER OF PASSENGERS ALLOWED IS 80. IF THE VESSEL IS AWAY FROM THE DOCK, OR PASSENGERS ARE ON BOARD OR HAVE ACCESS TO THE VESSEL FOR A PERIOD EXCEEDING 12 HOURS IN A 24 HOUR PERIOD, AN ALTERNATE CREW SHALL BE PROVIDED. TOTAL PERSONS ALLOWED IS 83. NO MORE THAN 30 PASSENGERS MAY BE CARRIED ON THE UPPER DECK. A CHILD -SIZE LIFE PRESERVER SHALL BE PROVIDED) FOR EACH PASSENGER WEIGHING LESS THAN 90 POUNDS. ** SEE NEXT PAGE FOR ADDITIONAL CERTIFICA'T'E INFORMATION *** WITH THIS INSPECTION HAVING BEEN COMPLETED AT MARINA DEL REY, CA ON14F:EB92 ,THIS VESSEL IS CERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECTION, LOS ANGELES-LONG BEACHrOA TO BE IN ALL RESPECTS IN CONFORMITY WITH THE APPLICABLE VESSEL INSPECTION LAWS AND THE RULES AND REGULATIONS PRESCRIBED THERE PERIODIC REINSPECTIONS THIS CERTIFICA Y: DATE ZONE SIGNATURE E. E. A" APTAIN,USCG OFFIC IN-CHARG , MARINE INSPECTION LOS A S-LONG BEACH,CA - - - - INSPECTION ZONE DEPT. OF TRANSP., USCG, CG-841 (Rev. 3-951 SN 7530-00-FO1-0370 PREVIOUS EDITIONS ARE OBSOLETE m0i R oft ME HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 � ��w�'►�•v vim' iv'w��vv��•�� CABARET HORNBLOWER PAGE 2 CERT-IFICATION DATE: 14FEB92 - I LL EXAMS; 77 -EXAM TYPE— NET.`EXAM- .. LAST EkAM= =PRIOR EXAM 'DRYDOCK ;.30JUN94 `. 3OJUN92 '27APR90 `' — STA$ LITY — LETTER APPROVAL DATE/ 12SEP90 OFFICE/'LOSMS --- LIFESAVING EQUIPMENT --- NUMB ERPERSONS REQUIREL TOTAL EQUIPMENT FOR 83 'LIFE PRESERVERS(ADULT,).. 83, LIFEBOATS(TGTAI ....'... .LIFE; PRESERVERS(CHILD).'.. 9 z. LIFEBOATq (;PO#) .... RING BUOYS ( TOTAL) LIFEBOATS(STxRBf)x... WITH LIGHTS*........._.. MOTOR =LIFEBOATSA-.. `_... WITH: LINE ATTACHED'*.... 1 -.LIFEBOATS W/RADIO*... OTHER*............. ..... RESCUE BOATS/PLATFORMS. IMMERSION SUITS..::...... INFLATABLE RAFTS........ PORTABLE LIFEBOAT RADIOS. LIFE FLOATS/BUOYANT APP EQUIPPED WITH 'EPIRB?...... NO WORKBOATS`(NOT'REQUIRED) (* INCLUDED IN`TOTALSY —�- FIRE FIGHTING EQUIPMENT --- TOTALHOSE LENciTH/. 50 NUMBER OF FIRE AXES/ NUMBER OF FIRE`PUMPS/ 2 "FIRE EXTINGUISHERS -HAND PORTABLE AND SEMI —PORTABLE* A —II 1 B—T •3 B—II B—III' _., B—IV B—V C—I C-II --- CERTIFICATE AMENDMENTS --- i. PORT AMENDING% LGSMS DATE.AMENDED/ 05MAR92 —AMENDMENT— CHANGED MANNING FOR OPERATIONS DURING DAYLIGHT HOURS'. 2. PORT AMENDING/ LOSMS DATE AMENDED/ 30JON92 -AMENDMENT— CHANGED HULL EXALT DATES'. . 3. PORT AMENDING% LOSMS DATE AMENDED/ 19FEB93 --AMENDMENT— COMPLETED FIRST REINSPECTION. **" SEE .NEXT PAGE PLEASE *** Fr i DEPT. OF YRANSP., USCG, CG-841 (Rev.`3-85) SN 7530-00-FO1-0370 PREVIOUS EDITIONS ARE OBSOLETE Y --ERTTE'TATE: AMEID[ NTS --- 4.- PORT AMENDING/ LOSMS —_. DATE�AMENDED/ 09FEB94 -AMENDMENT— COMPLETED SECOND REINSPECTION.' _ Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Long Beach Los Angeles Marina del Rey 0 Newport Beach yr San Diego San Francisco Li R IS% HOZNBLOWER D I N I N G Y A C H T S Seattle Fisherman's Village 13755 Fiji Way Marina del Rey, CA 90292 310/301-6000 FAX 310/822-0881 Berkeley Long Beach Los Angeles Marina del Rey Newport Beach u San Diego �r San Francisco x Seattle /1 oft Oft oft HORNBLOWER DI NING YACHTS September 23, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659= 768 1991 David Pahl Hornblower Yachts Mariners Mile Marine Center 2431 W Pacific Coast Highway Newport Beach, CA 92663-1779 RE 2431 WEST COAST HIGHWAY RED CURB Dear Mr. Pahl Please accept_ my apology for the delay in responding to your letter regarding the red curb at 2431 West Coast Highway. As I had not heard from you in some time, I mistakenly assumed you had decided to pursue other options. our investigation of this area has led me to conclude that we Y cannot accommodate our request. There are several factors which contributed to this decision. My primary concern is related to why this area is red in the first place, namely safety for users of the driveways on either side of this section_ of curb. Even though usage of these driveways may be minimal during the hours you are interested in,_ this is a very busy stretch of highway -and. even one car would be at risk. Another consideration is that the Municipal Code does not contain any provision for posting specific red zones for other special uses except for OCTA buses and bus, stops at public schools. Without such posting, it would pose a serious problem for enforcement personnel. The City has seen a substantial increase in charter bus operations over the past several years and, unfortunately, we are not really in a position to accommodate them. In 1act, we are investigating additional controls"to respond to the concerns of our citizens as well as staff. 3300 Newport Boulevard, Newport Beach David Pahl Hornblower Yachts September 23, 1991 Page 2 of 2 Hopefully, you will be able to identify a safe and convenient location to conduct loading and unloading of your buses. I am sure you can appreciate that the City cannot approve requests that increase our liability for the primary purpose of facilitating private, money -making enterprises. Sincerely, Richard M. Edmonston, P.E. Traffic Engineer RME:bb WP:PAHL cc: Captain Jacobs, Police Department Tony�'Olum,.Marine Department III .� �.-- i k ��W Poll CITY OF NEWPORT BEACH ~ n P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 V � r_ C'9G/FpRN�P April 18, 1991 Hornblower Yachts Attn: David Pahl PO Box 1779 Newport Beach, CA 92663 Re: Hornblower Charters at Mariners Mile Marine Center Dear Mr. Pahl: We have received complaints regarding the loading and unloading of buses on Coast Highway in.relation to your charter operations. As you are probably aware, the permit issued to Cormorant Cruises and subsequently transfrred to Hornblower Yachts, under Condition #8, states "..Mass transportation used by operators of charters shall not unload on City streets..". In the future any shuttles or busses to the sites must be unloaded and loaded off City streets. if you have questions in this regard please call me at 644-3044. Sincerely, Tony Melum Tidelands Administrator copy to Glen Everroad 3300 Newport Boulevard, Newport Beach Irene Butler Assistant City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Butler: May 28, 1991 a� We object to use permit #3412 and #1889 at 2701-2729 W. Pacific Coast Highway for the following reasons. At the present time numerous businesses, ours included, have off -site parking agreements to fulfill the city's parking requirements, however, due to the tremendous increase in the charter boat activity we are finding that on holidays and weekends parking in this area is inadequate. As an example South Shore Yacht Club located just down the street from the proposed parking has approximately 300 members all with cars plus children with cars and at this time has approximately 10 or less parking spaces on the premises with no additional parking in this area. They also have large weekend activities weddings, private parties, etc. which would be going on at the same time as the proposed projects. It should also be understood that every time the City allows more off site parking agreements in areas where there is already a shortage, the City in fact is causing the price of these agreements to escalate to a point where existing established business may be forced to close. We feel that the City has lost control of the parking situation in this area and that no more off site agreements should be made until such time as either a survey be made of the parking situation or the City builds a parking facility in this area to alleviate this problem. Ozate TO, SENT e� t� `men �L,�-1F Yam(: f V : r a-K-an}�r�in4i air 0 f dice 6ict Minney Family Trust Joseph Minney, Trustee � L/ ol r . ............ At Th' • � • `tr "u, • L W, Z 0d s1HOb M13M0 18NN0H 0 T T Rn nnH C! T Y oF' N�'iYPO.PT BEACH iF.rom PROJECT is I", V ' a .�� A TQ ,a o p CLAN p '7 t7 a r III II ' '7 N w Z III NI ,�I OiItt MI\Cc' -/irrVICIITY SKTCHV,2T s1,. i C")IIST $OTTOM -3S' Nrw"Wr bwY, CA& Ora -WA Y: + 1 SCCTjON i9 Soundings ore eroiessad +» {esf and da.roy'e o'epil's below Mcp.7 lower Low Wofdr. Mor'.C."" q range of fide oprrdx+•.rovfdy io V%04. Hcar6o'- /.i?cs ore es�ob/+'s��d 1., ��,is ..?ecJ+oq of`N4fW,,~f Sar S. 5. YC C. I� _ 11 � 11 SOATSWA/ill S II � � �� /3LK/OT II � '•� II II LDC.IIL.P �EX/S: — -� DOMES 00 41, -�— ro v S. / 29 P�eoF'OSL= D NL-�W OOCKS a 40 I/6' i7' 1 U. S. P/El2HL"Ab L/NL� To v, s, i3a , APP L / CA.vT's / C CZFV rL- Gar e c,r, T,4Acr 9/9 243 L o 7 -Ioz ,QDoesSS =WPOA?T n41-1 OR'V1'4 CaAl-nvAcroAffT;ZAUrwE:1N D.4r6 ?/2 Zvi MOM EMS HORNBLOWER D I N I N G Y A C FI T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Rich Edrnoniton 29 Mary 1l Traffic Engineer City of Newport Beach 3300 Newport Blvd P.0, Box 1768 Long Beach Newport Beach, Ca 92669-1768 Dear Rich, Los Angeles As we discussed in our telephone conversation, we would appreciate your review of the modifying the red zone located in front of 2431 West Coast Highway into a White Passenger Loading Zone with specific use hours. Hornblower Dining Yachts operates a fleet of yachts primarily for groups in the 20 - 300 passenger range. As you may be aware, Hornblower Dining Yachts has operated with a Commercial Harbor Permit since 1987 -This permit requires us to have permanent on -site panting for all.events in which our customers drive their own vehicles. --,We are also encouraged by the City of Marina del Rey Newport Beach to help reduce potential traffic congestion by having our customers arrive in some form of mass transport vehicles (in other words motor coaches). We have been reasonably successful at getting our customers to arrive by motor coach and therein lies the rub. The safest way for the coaches to load and off-load passengers is to stop in the red zone immediately in front of our building and.then immediately pull away. The only other choice for the Newport Beach drivers would be to pull into our lot and then back out onto Pacific Coast Highway which in my mind causes a traffic hazard. * There are some unique points which would seem to make this request acceptable for the City. These points are as follows: San Diego i The major percentage of our business occurs after six o'clock on weekdays and all day on Saturday and Sunday. • Hornblower Dining Yachts, controls the parking lot at 2431 W. Coast Highway in the evenings after sixo'clock and all d' an Saturdays and Sundays. San Francisco • At the time of peak bus use the only driveway which has a blocked sightline to the highway is the one which is controlled by Hornblower Dining Yachts. The next driveway is at Cano's restaurant.which is quite a distance down the road. Seattle Li A HORNBLOWER DINING YACHTS Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 I Berkeley IN All of the bus drivers receive instructions from Hornblower Dining Yachts sales crew in regard to drop off and pickup times. We have been quite successful at enforcing a strict policy of "no standing" to wait for customers. Long Beach We are aware of the real need for adequate vision onto the highway from the driveways between Newport Boulevard and the Sea Scout Base (the Mariner's Mile Specific Plan District). However, it - would seem that the conditions are right to have a special passenger loading zone in front of our location. I would welcome the opportunity to tour this area with you so that we can determine if my request is appropriate. Los Angeles _ Thank you for your review. I will call you in a few days to see if we can get together to discuss this specific request. ncerely, nblower Din' acht Marina del Rey * David M. Pahl cc: Tony Melum Newport Beach Seattle PART ° CITY OF NEWPORT BEACH z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 July 25, 1991 Newport Bay Group LTD 2439 W. Coast HWY. #203 Newport Beach, CA 92663 Re: Harbor Permit No. 0129-2505-1 Dear Permittee: The Finance Deprtment has indicated that the fee for above Harbor Permit for the year 1991 has not been paid and there is currently an outstanding balance due of $5,520.00. Failure to pay this fee within 30 (thirty) days of receipt of this letter will result in the Marine Department recommending that the pier permit be revoked as provided by Section 17.24.090 of the Newport Beach Municipal Code, which states: 17.24.090 "Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon the following grounds: (4) If the permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelanhds, filled tidelands or submerged lands upon which such work or structure exists." If you have questions in this regard please call me at 714-644- 3044. C V sincerely, �r • Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach li • lee,; J Ile-IMOIA, 4Pzz Ile- Y. . v Z[ NoME rERT SAN FRANCISCO, CA NEW YORK, NEW YORK HORNBLOWER YACHTS 200 MARINA BOULEVARD BERKELEY, CA 94710 ....aw. Vr I CxPIP{A,rioN UAi ■ : UNITED STATER CUAIT GUARD t0 tion LAST HU EXAM: 19JAN89 DRYDOCK D217044 IWB3772 OASSENGER WOOD 1 450 DIESEL REDUCTION 15DEC16 1 91 1 62 HORNBLOWER YACHTS 200 MARINA BOULEVARD BERKELEY, CA 94710 LENOTH 87.200 TMIE VESSEL MUST 511 MANNED WITH THE POLLOWINO L.ICENEiD AN0 UNLICENiED PERSONNEL, INCLUOED IN WHICH THERE MUST EE 0 CERTIPICATIO LIFEEOATMiN AND— 0 .CERTIRICATIO TANKIRMAN. L MAITER MASTER A l$T CLASS PILOT — AILI SEAMEN CHIRP INOINEiR P IRIMEN-WATERTI NOE Al _CHISFMATS CLASS PILOT . ORDINARY SIAMEN 11T ASST. INGIN91A OILERS —INC MATE RADIO OPFIOERIEI 4 DECKHANDE 9NO ANT. INGINEiR MATES .•.� — OPERATOXIII IN ADDITION, THIS VESSIL MAY CARRY �h-2 PAISINOERS, 1 U�OTHER PERSONS IN CREW, �_ Y PIRIONO IN ADDITION TO CREW, AND NO OTHERS. TOTAL FIRIONEALLOWED: , 65 i ROUTE PIRMITTED AND CONDITIONS OP OPERATION: LAKES, BAYS, AND SOUNDS IN SAN DIEGO BAY, CALIFORNIA NOT MORR THAN ONS MILE FROM SHORE. WHEN THE VESSEL IS AWAY FROM A SHORESIDE DOCK, OR HAS PASSENOERS ON BOARD, OR BOTH, FOR NbT MORE THAN TWELVE(12) HOURS IN ANY TWENTY FOUR(24) DOUR PERIOD, THE VESSEL'S CREW MAY BE REDUCED to (1) MASTER AND (21 DECKHANDS. THE MINIMUM NUMBER OF MILD -SIZE LIFE PRESERVERS REQUIRED IS SEVENTEEN(17). _WHEN MORE THAN SEVENTEEN(17) CHILDREN ARE CARRIED, ADDITIONAL CHILD -SIZE LIFE PRESERVERS SHALL BE PROVIDED $O THAT THE VESSEL HAS AN APPROVED LIFE PRESERVER SUITABLE FOR EACH CHILD ON BOARD. j *"# SEE NEXT PAGE FOR ADDITIONAL CERTIFICATE INFORMATION *** V M THIG INSPECTION HAVING USN OOMI ETED AT SAN D I EGO , CA ON TO UG 9 MI THIS YOSSL r$ ORATIPIED RY THE OFFICER IN CHARON, MARINE INVPl ION, 2 ii IN ALL A SAN DI EGO , CALIFORNIA , L 11ELE'ECT111N CdNFORMLTY YIA M THE ARLICASLO VESSEL INSPECTION 6000 AND THE RULJW ANp NiOVLATIOW FROCRIM THEREUNpiR. PEArGDID DATE LONE ONCE CERTIFICATE ISSUED BY: III7NATVRE +=�—�� Fv G. D. POWERS, LCDR,USCG OPPICI1R IN;HAROE, MARINE INSPECTION SAN DIEGO, CALIFORNIA - �� IN1 EETION EON■ EPT. OR TRANSP,# LISCO, 00441 (Rev. 3411 RRVIOUS EDITIONS ARE ORAOLETE SN 7130-00•FO>i.osio mmu 00 1100 3r'? n 0 1 9999999999 Po Ot/ARTMl1OT Or TRAMN'ORTATION ~ UNITia RTATZS COAST GUARD Cer,tcftcate of o ect wrn STABILITY LETTER APPROVAL DATE/ 12SEP85 OFFICE/ 12MMT --- LIFESAVING EQUIPMENT --- NUMBER PERSONS REQUIRED TOTAL EQUIPMENT FOR 165 LIFE PRESERVERS(ADULT)... 165 LIFEBOATS(TOTAL)....... LIFE PRESERVERS(CHILD)... 17 LIFEBOATS(PORT)*..... RING BUOYS(TOTAL)........ 3 LIFEBOATS(STARBD)*... WITH LIGHTS*........... 1 MOTOR LIFEBOATS*..... WITH LINE ATTACHED*..., 1 LIFEBOATS W/RADIO*... OTHER* ................. 1 RESCUE BOATS/PLATFORMS. 1 IMMERSION SUITS.......,.. INFLATABLE RAFT'S..:.... PORTABLE LIFEBOAT RADIOS. LIFE FLOATS/BUOYANT APP EQUIPPED WITH EPIRB?..... NO WORKBOATS (NOT REQUIRED) (* INCLUDED IN TOTALS) -- FIRE FIGHTING EQUIPMENT --- I TOTAL HOSE LENGTH/ 100 NUMBER OF FIRE AXES/ 1 NUMBER OF FIRE PUMPS/ 2 *FIRE EXTINGUISHERS - HAND PORTABLE AND SEMI -PORTABLE* A -II I B-I 5 B-11 H-III B-IV. B-V C-I C-II *** END *** LOS A N G E L E S AREA LORD HORNBLOWER Length: 151' Guest Capacity: Cocktails/Buffet: 750 Seated Meals: 500 Home Port: Long Beach MARINA HORNBLOWER Length: 80 Guest Capacity: Cocktails/Buffet: 200 Seated Meals: 150 Home Port: Marina del Rey CABARET HORNBLOWER Length: 50' Guest Capacity: Cocktails/Buffet: 80 Seated Meals: 50 Home Port: Marina del Rey PACIFIC HORNIBLOWER Length: 105' Guest Capacity: Cocktails/Buffet: 260 Seated Meals: 225 Home Port: Marina del Rey MAURETANIA Length: 80' Guest Capacity: Cocktails/Buffet: 60 Seated Meals: 26 Home Port: Marina del Rey SUNSET HORNBLOWER Length: 50' Guest Capacity: Cocktails/Buffet: 90 Seated Meals: 30 Home Port: Marina del Rey 13 NEW P O R T BEA C H NEWPORT HORNBLOWFR Length: 72' Guest Capacity: Cocktails/Buffet: 150 Seated Meals: 120 Home Port: Newport Beach HORNBLOWER Length:65' Guest Capacity: Cocktails/Buffet: 62 Seated Meals: 42 Home Port: Newport Beach PACJI�Ic HORTvBLOR7FR Length: 105' Guest Capacity: Cocktails/Buffet: 260 Seated Meals: 225 Home Port: Marina del Rey ZUMBROTA Length: 103' Guest Capacity: Cocktails/Buffet: 150 Seated Meals: 110 Home Port: Newport Beach LADY HoRNBLOWER Length: 57' Guest Capacity: Cocktails/Buffet: 49 Seated Meals: 36 Home Port: Newport Beach SPIKE AFRICA Length: 70' Guest Capacity: Cocktails/Buffet: 35 Home Port: Newport Beach IIZ D I N I N G Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646.-0155 FAX 714/646-5924 Berkeley Tony Melum 6 February 1991 Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, Califomia 92669-1768 Long Beach Dear Tony. We received your letter of 31 January 1991. Thanks for the alternatives regarding our fleet situation. Rather than take the program to the City Council we would probably be better off by following your suggestion. The following is my understanding regarding your suggestion: Los Angeles 6 Take M/V PACIFIC HORN BLOWER off of our Commercial Harbor Permit. This effectively lowers our capacity by 261 seats. (You may recall that this vessel was originally listed as capable of carrying 300 passengers. Subsequent changes caused that count to be reduced to the current level of 261.) If we plan to operate MN PACIFIC HORNBLDWER at our Newport Beach facility we will obtain a Special Event Marina del Rey Permit from the Business. Licensing Department. e Add SN SPIKE AFRICA to our Commercial Harbor Permit. I have attached a copy of * the vessel Certificate of Inspection for your files. Add MNZUMBROTA to our Commercial Harbor Permit. I have also attached a copy Newport Beach of this vessel's Certificate of Inspection for your files. e Continue with MN NEWPORT HORN BLOWER, MN HORN BLOWER and MN LADY HORN BLOWER on the Commercial Harbor Permit. With all of the above changes in mind, our capa*will change as follows: San Diego 1990 Capacities Yacht 1991 Capacities 300 Pacific Homblower - 160 Newport Hornblower 160 - Zumbrota 160 62 Hornblower 62 San Francisco - 49 Lady Hornblower 49 - Spike Africa 36 661 Total 446 Seattle LA 0 ft ft% HORNBLOWER D I N I N G Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Although we have no problems in agreeing to these changes, we would want to be able to increase the Berkeley capacity back to the 661 range when Homblower Dining Yachts has the opportunity. Thanks for the help in this matter. If you have any questions about any of the above notes please call me. care . Long Beach o bl r Dini Los Angeles Marina del Rey Newport Beach San Diego San Francisco Seattle k ��W PORT CITE' OF NEWPORT BEACH U S P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 CqQ Fo v- January 31, 1991 David Pahl Hornblower Dining Yachts 2431 West Pacific Coast Highway Newport Beach, CA 92663 Re: Your letter of January 23, 1991 Dear Mr. Pahl: The Hornblower Commercial Harbor Activities Permit was the result of a Staff Report dated May 23, 1988. At that time there were going to be three vessels operated out of the site on Coast Highway and they were to be the Newport Hornblower, the Pacific Hornblower and the Hornblower, with a total vessel capacity of 512 passengers and crew. A letter received from Hornblower Yachts dated November 30, 1989 regarding the vessel Lady Hornblower suggests that at staff level we approved a fourth vesse,l which increased your passenger capacity to 561 passengers from the site. The staff feels it is inappropriate toincreasethat passenger capacity without approval by the City Council. Therefore -we can proceed in the following manner: The Spike Africa could be added to your Commercial Harbor Activities Permit if the Pacific Hornblower is removed. If the Pacific Hornblower came back into the harbor for chartering, the charters would have to be done on a Special Event Permit charter by charter basis. Your current Harbor Permit would includes the Newport Hornblower, the Zumbrota ( for which we need the required information) , the Lady Hornblower and Spike Africa, for a total passenger capacity_of_446. If you have questions about this please make the adjustments to your Commercial stated above. Sincerely, Tony M um Tidelands Administrator call me, otherwise we will Harbor Activities Permit as 3300 Newport Boulevard, Newport Beach r O � A HORNBLOWER DINING YACHTS Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 Berkeley Tony Melum 23 January 1991 Marine Department City of Newport Beads Newport Beach, Califomia Long Beach 92663 Dear Tony, As we discussed a few days ago, Homblower Dining Yachts has made some changes to the Newport Los Angeles Beach fleet. These changes are as follows: • SN SPIKE AFRICA has joined our program! The yacht will move from the Rusty Pelican Marina to our location on 1 February. We intend to continue its current chartering program of day sailing and avemights. In other words we will not be serving our standard seated meal program. Instead we will serve some elegant Marina del Rey (hopefully) picnic style food and beverage programs that will reach a new market. • M!V PACIFIC HORNBLOWER will now be permanently berthed out of our Marina Del Rey location. While this yacht is permanently looted up there, we expect to average about two events per months on her (Jan - Noy) and probably ten events in December. Newport Beach • MN ZU M BROTA, a yacht currently operating out of our Coronado location, will be coming to Newport Beach in May to be a permanent resident here. This yacht will finally give the Newport Beach location the classic yacht "look" that we have so desperately needed. San Diego We will continue to operate the yachts NEWPORT HORNBLOWER, HORNBLOWER and LADY HORN BLOWER herein Newport bead. San Francisco Seattle Li HORNBLOWER D IN ING Y A C H T S Mariners Mile Marine Center 2431 West Pacific Coast Highway Newport Beach, CA 92663-1779 714/646-0155 FAX 714/646-5924 For your background the following is a breakdown of the maximum capacity (taken from the USCG Berkeley Certificate of Inspection) of the yachts based here in Newport Beach: 1990 Capacities Yacht 1991 Capacities 300 Pacific Homblower, - 160 Newport Hombiower.� 150 - Zumbrota 160 Long Beach 62 Homblower 62 49 Lady Homblower 49 - Spike Africa 36 561 Total 446 Los Angeles We would expect to operate our program just as we have in the past. In short, we will allow our passengers to individually drive to our eventsso.long as we have parking to accommodate the cars (based 'on.a three passengers per space). After"that space is full.we will,eitter lease adtlfional, parking or require our guests to come to their event by motor coach or some other suitable form of mass transportation. I Further, we will continue to keep a record of our events and present them to you on demand. Marina del Rey Finally Tony, I would hope that all of these yachts can be on our Commercial Harbor Permit. This would keep things simple and we would then only need to deal with the Marine Department. I hope that all of the above is informative enough. Please let me know if you have any questions or if I Newport Beach can add anything to the above. By the way, I still expect to invite your Department over once we get the entire 1991 fleet assembled here in Newport Beach. cerely. H blower Dini a San Diego David M. Pahl San Francisco Seattle