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CD � r � z � D> C/) CD x-xex, xcx=�'Fxsx<�x��'Fx:xc,;e,F x< yF xe xc x� x: x< x< xc xc m Cn -o x< 00 rn xc x: rt - z x; x; — O O Cn xc x: CD xe x< r x= g 0-0 xe n x< ri- -0 ,x x: �-- - O x: xc O C- xc r—F xc x; yF cn z -< CD D � z t= C/) Newport day Management, LLG A California Limited Liability Company 2717 West Coast $ighway Newport Beach, CA 92663 Meg Pulido, Vice President, Property Management At Larson's shipyard Fax: (949) 646-8746 Email: megnblu@yahoo.com (949) 646-5055 November 3, 2008 Mr. Chris Miller Harbor Resources Supervisor City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Restricted Access to Bay at Larson's Shipyard Dear Mr Miller: Our tenant at the above location, Nancy Dixon of Larson's Shipyard has expressed an urgent need to us for a wider water space along her work dock to carry- on her boat repair operations .and fora better,, exit way for her boats. Consequently, 'we -need to cancel our License Agreementwith Dick's Dock,; LLC (David Winkler); whose slips'are locate; next 'to Larson's Shipyardsbehm the Rusty Pelican ` nse A eement is enclosed herewith. I restaurant at 2735 West Coast Highway. A copy of the Lice gr think you probably required the License in order to allow the boat "Circle of Friends-'.', ('Cof F, to dock there. We gave the License Agreement to Dick's Dock, without charge, as a neighborly gesture (according to our owner, Ted Robinson, they are quite nice people), so that the wider -beamed Cof F could dock along their outside slip. The Cof F takes up almost all the water space between the edge of its slip and their property line between us, so they needed the License to use our waterway in order to keep the Cof F along that dock. A survey dated 12/31/05 was provided to Harbor Resources Division showing 2 feet between the edge of Cof F and the property line, but Ms. Dixon reports that this was accomplished only by removing all the, fenders and then leaning the boat over the slip. If one looks at the survey, it can be seen that the beam overlaps the slip, but as it is normally docked, the boat is fendered away from the edge of the slip, not that this is really pertinent here. They still could not get the rear boats through a 2' exit and therefore cannot dock the Cof F in the dock without a License Agreement from us. In any event,, our tenant says that the Cof Fs beam has squeezed the amount of width available to boats docked along Larson's slip, down to a size too small to give Larson: s a feasible work and. dockingarea and still have an exit -way. In act recently aid a for having too small of a fire Y fine nse access through the. Larson'§ waterway; the Cof F would YP exit 'there. there. But without their . ce need to be moved from that dock because, while it's there, the docks in the Rusty Pelican slips behind the Cof F do not really have any access out through their own waters. Mr. Chris Miller Harbor Resources Supervisor November 3, 2008 Page 2 In any event, we reluctantly still need to cancel this License. Once the Cof F is moved elsewhere, however, we might then be able to create a new mutual license agreement where each property contributes at least 8 feet along the edge of their property line such that we have at least a 16 foot fire exit space available to both properties. Were not sure if this is right department to send the License cancellation to, however. If it is not, if you could refer us to the proper department for this, it would be greatly.appreciated. Thank you very much for your attention. Sincerely, Newport Bay Management, LLC By: Meg Puli Vice President Propert anagement c:briefcase:Newport Beach re:CircleofFriends Newport Bay Management, LLC A California Limited Liability Company 2717 West Coast Highway Newport Beach, CA 92663 LICENSE AGREEMENT By and Between The Larson Group LLC and Dick's Dock, LLC July 22, 2004 This Agreement between the Larson Group, LLC, as owner of the Larson Shipyard property and its marina, and Dick's Dock, LLC, as owner of the Rusty Pelican property and its marina area, which two properties are adjacent to each other along Pacific Coast Highway in Newport Beach, shall act as a license for the Rusty Pelican property and its marina to use the waterway alongside the way and track of the Larson Shipyard in the following manner: 1. In order to meet the ingress and egress requirements of the City of Newport Beach Harbor Resources Division and the Newport Beach Fire Department, the boats within the Rusty Pelican marina shall have the right to utilize said waterway for ingress and egress for the berthing of their boats and in case of fire or other emergency. 2. This Agreement shall not act as a guarantee of any kind that said waterway shall always be open for such ingress and egress, given the nature of the shipyard operation and its occasional need to realign and move side by side during the change or shifting of boats during the normal course of shipyard operations. 3. This License Agreement may be cancelled at any time by either party for any reason or for no reason. The Larson's Group, LLC, a California limited liability company By; The Robinson Family Trust, a California Revocable Trust, Member By;,,_ �... d . Robinson, trustee of member Date Dick's Dock LLC, a California Limited Liability Company, By: Ze Q David Winckler, managing member yellow7/04: License Agreement COMMERCIAL HARBOR ACTIVITIES PERMIT This permit confirms that Pilgrim Sailing Cruises, is authorized to conduct those activities specified in Paragraph "B" subject to strict compliance with the terms and conditions specified in Paragraph "C". This permit is issued pursuant to Chapter 17.41 of the Newport Beach Municipal Code titled "Commercial Activities on the Waters of Newport Harbor". A. Findings 1. Pilgrim Sailing Cruises, business address is 2729 West Coast Highway, Newport Beach, California 92663. 2. The business telephone is 714-642-4875. 3. The principles of the business and the individuals in charge with general manage responsibilities are Dennis Holland and Betty Holland. Mailing address is 2200 Holiday Road, Newport Beach, California 92660. 4. Pilgrim Sailing Cruises has filed an application pursuant to Chapter 17.41 of the Newport Beach Municipal Code. Such application was received by the Marine Department on February 24,1996. B. Permitted Operations Pilgrim Sailing Cruises is authorized to conduct as the principal component of its business the charter of the vessel Pilgrim of Newport, a 73 foot Holland schooner, Coast Documentation #669-734. The vessel Pilgrim of Newport will be operated from the site at 2729, West Coast Highway subject to the terms and conditions listed below. C. Terms and Conditions The commercial harbor activities authorized by this Permit are subject to strict compliance with the following conditions: 1. The vessel will be berthed and operated at 2729 West Coast Highway, Newport Beach, California. 2. Loading and unloading of all passengers shall occur at 2729 West Cost Highway. 3. Any significant change in permitted operations shall require the approval of an amendment to this permit pursuant to Chapter 17.41 of the Newport Beach Municipal Code. 4. The Charter vessel Pilgrim of Newport, operated pursuant this permit, may operate only between the hours of 7:00 am and 12:00 am daily. 5. Pilgrim Sailing Cruises shall comply with all provisions of the Newport Beach Municipal Code and the Harbor Permit Policies adopted by the Newport Beach City Council. The City Council reserves the absolute right to amend the provisions of the Municipal Code or the Harbor Permit Policies relevant to commercial harbor activities. 6. The vessel Pilgrim of Newport shall have a current certificate of documentation from the United States Coast Guard and be covered by property and liability insurance in the amount approved by the City Attorney's Office. 7. Parking - Pilgrim Sailing Cruises acknowledges that at the site, 2729 West Coast Highway, there are 29 parking spaces. Pilgrim Sailing Cruises has access to those 29 spaces at the following times on the following days of the week: a) Monday through Friday, 9:00 am to 5:00 pm, Pilgrim Sailing Cruises has no parking on site. b) Monday through Sunday, 5:00 pm to 12:00 am, Pilgrim Sailing Cruises has all parking on a non-exclusive basis. As a result of the number of spaces available and the requirements of parking in Section 17 of the Harbor Permit Policies, Pilgrim Sailing Cruises would be able to charter under the permit based on the following situations: a) Monday through Friday, 9:00 am to 5:00 pm, any charter originating at 2729 West Coast Highway, would require off site parking or the passengers be bussed to the site only. b) Monday through Friday, 5:00 pm to 12:00 am, Pilgrim Sailing Cruises would have a passenger and crew capacity of 87. Any charters in excess of 87 would require offsite parking or bus service. c) Saturday and Sunday, 9:00 am to 12:00 am Pilgrim Sailing Cruises would have a passenger and crew capacity of 87. Any charters in excess of 87 would require off -site parking or bus service. 8. Pilgrim Sailing Cruises shall defend, indemnify, and hold harmless the City of Newport Beach, the County of Orange, the Orange County Harbor District and their respective officers, employees, agents and representatives, with respect to any claim or lawsuit alleging any loss, damage, injury or entitlement that is in any way related to the issuance of this Permit or the commerical harbor activities authorized by this Permit unless such claim or lawsuit resulted from the negligence, action, inaction or intentional act of any officer, employee, agent or representative of any of the aforesaid public entities. The City Council reserves the right to retain legal counsel to defend its interests in the event of any litigation, which Pilgrim Sailing Cruises is obligated to defend pursuant to this Permit. In the event the City Council retains special counsel to defend its interest, Pilgrim Sailing Cruises shall reimburse the City of Newport Beach for all reasonable expenses and costs incurred by it in defending the litigation, as well as paying and/or complying with any judgment resulting from the litigation; 2 9. The Fire Chief, or City Council on appeal or review, shall have the power to impose reasonable new conditions, or modify existing conditions, upon a determination, supported by substantial evidence, that the operations of Pilgrim Sailing Cruises are adversely impacting the health, safety, or general welfare of those who use, enjoy or own property near the waters of Newport Bay and will continue to do so in the absence of the new or modified conditions; 10. City Council approval is required to transfer some or all of the commercial harbor activities authorized by this Permit to a location other than 2729 West Coast Highway. The City Council reserves the right, in its sole discretion, to require Pilgrim Sailing Cruises to comply with all provisions of the Newport Beach Municipal Code with respect to those commercial harbor activities transferred to a different location, including without limitation, the provisions of parking and other land -side support facilities. The City Council also reserves the discretion to waive some or all of the required parking or land -side support facilities upon a determination that the transfer will not adversely impact the health, safety or general welfare of those working or living in the area to which commercial harbor activities would be transferred; 11. The City of Newport Beach is the Grantee of all tide and submerged lands bayward of the actual or adjudicated line of mean high tide. The issuance of this Permit shall not be considered a waiver of the City's right or authority with respect to any tide or submerged lands which Permittee uses to conduct operations pursuant to this Permit. The City of Newport Beach hereby expressly reserves the right to administer such tide and submerged lands as it sees fit, including, without limitation, the right to propose, require and approve a lease, franchise or long term license as a condition to continued use and occupation of the tide and submerged lands; 12. The provisions of this permit shall be binding on and inure to the benefit of the successors and assigns of Pilgrim Sailing Cruises. Dated Dated PILGRIM SAILING CRUISES By We . L�G(— CITY OF NE ORT BEACH A Municipal Corporation By Tony elum, Deputy Chief 3 MA]?,INE DEPARTMENT Telephone 644-3044 �D 'IERCIAL BOB—PZRMIT A PLICA ' CN e 4 Business Name: Pilgrim Sailing Cruises _ Easiness Mailing Address 2729 West Coast HighwaZ_w City and Zip Newport Beach, California 92663 Address of Business„ 2729 West Coast Highway Newport Beach, Ca. 92663 Business Telephone 714-642-4875 If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: �.. Dennis Holland 2200 Holiday Road, Newport Beach, Ca. 92660 Betty Holland 2200 Holiday Road, Newport Beach, Ca. 92660 Give name,"address and telephone number of the person, or persons, who will have general management responsibility for applicant business: Dennis Holland and Betty Holland 2200 Holiday Road, Newport Beach, Ca. 92660 Please dive a complete description of the proposed method of operation of vessel, watercraft and/or other facilities, including, but not limited to: 1. Location where vessel will be permanently berthed 2729 West Coast Highway, Newport Beach, qa. 92663 2. Location where passengers will be loaded and unloaded„ . 2729 West Coast Highway, Newport Beach, Ca. 92663 3. maximum number of passengers carried (include crew) 87 4. Location where required arking for passengers, employees and Crew will be provided: 27�9 West Coast Highway, Newport Beach, Ca. 5. Days business will operate: 7 days a Week 6. Hours of operations Depends on charter. Mostly weekends and evenings e 7. Routes Of Travel: Newport Harbor', Coast of Newport and Corona del Mar Catalina Island S. Types of activities permitted on board: Relaxing 9. Types of merchandise to be sold None 10. Is Coast Guard certification required? yes If not, why not? 1119/ Type and mount of liability insurance carried for this operation: 1,000,000. BI and PD Carrier: p Mariners General Insurance 642-5174 Policy No. CHPgEiJ6o51 — �Gv(c.� nsU,anca 12. Other pertinent information: 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation: — Trash in plastic bags desposed in trash bin l6cated at 2729 W. Coast Highway,N.B Sewage: There is a'gump out station that will be used at 2729 1 Coast. Highway. N.B. 14. Describe the type of entertainment which the applicant proposes, if any: Charterer may bring D.J. or Band or Stereo System PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY HE NEEDED F°O PROPER 'EVALUATION OF THIS APPLICATION. I declare wader penalty of perjury that the foregoing is true and correct: Date 'z Signature: nig and Betty Holland Telephone,,.714-642-4875 220 Holiday Road Newport Beach _Ca. 9266C ® Residence address TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION a RECOMMENDATION: Chief of Police, Orange County Harbor District Other Approved/Denied by Marine Department (and Daate),�..�. JUL-14-1995 15:44 MARINER'S GEN.INS. P.01 , m (In, VJ7,tl M=MMIS GEWML INSURANCE GROUP 2507 W. WAST HNY.r 4W VWfiNW RRAMs Chi 92663 INSURED PUAKIM 2200 iNLIM X0WfW 39hMp, CA 926W 6-23-95 . .. . ...... N:)`�IG!i7 7jPCN1:II'CLR71FICATF 1i01-DEH. THIS CEERTII-f CATL I'APAEND, FXTENC GH ALTER THF fr('Mi AGF- AFFOFIDED SYTriZ BEL.QW, CO Ml:) ANIES AFFORDING COVERAGE I. LT j A HIH CA.%MTY GENERa INSMMM COMPANY B c L H E I Fli IN 10 RTTF-Y THA I 1-1-IF FCJLIC-7�3 3 OF l t 1 l, -- 77 . . ....... iNDICAlED. NOTWITHSTANDING 'IE7jtjj C,II I-IL,)i N7 l,,1Tj 1'F'-E;Si 'il CIERTIFIC.A7E NIAY K Il OR NIAY �iXCLAJ8110MIS AND CON-01710Nq OF I POLIC—ES. �",7 7C) ALL 71 POLICY 2FF�(7TIV7. rl%'CY EXPIIHAIIZ)Nf LTH rypt OF INSURANCE POLICY NUMCLH DATE IM`1IiUD/% [I k TE I"; I'll 1; 1 L I M I'l 'i GENERAL LIABILITY 6CL)ILY N'JoHv 7 COMPREHENSIVE FORM I i Y VIU.�-Y AGG. PREMISES/OPERATIONS PH0I`—I11Y DAMAGr C)Cr, T. UNDEFISFICUNO EXPLOSION �. COLLAP81H LIAZAPIC P'l1DF':P7V 17AVA(iFE A(-,C., PRCDUCTS!CQV,P0:T"cD OFE."I. "I —111�0 �cl FADINED OCC. CONTRACTUAL 1 SI & P: COVCJrJkl INDEPFI'JOENT CONTRA01, OHS JNJHY SRQAU FORM FF90PEr-1r:( DAMAGC PPHSONAL INJURY I AUTOMOBILE LIABILITY ncri![ v �TQ-Maf ANY AUTO ALL Z OV,"JEC, AUTOL I P' P11 Post -It"' Tax transmittal merino 7671 ALL CYA"XI ADT,05-, I 21i . I , ; I pages I'Re. P: pas.- To — , of 0 All; C,� Pro !7e)- `,4f 71�1 NON -OWNED AJTOL: r �GAIIAGC LIABILITY Phone a IA(aF LEXCESS LIABILITY Fax UmBnELLA --OAM OTHER THAN UMDRGLLA PC)kM WORKER'S COMPENSATION L.',LTS AND LL: )0 11 EMPLOYERS' WASIWTY 00 INMW� cm SS1651 c? .0 DESCRIPTION Or OPF;RATION SILOCATION 31V CHIC:. LS, S PF C [A,- 17F%s-, VZ51=3 1984 73' HMZAND Obi ER "PlLi;GRIM Q,- --WPORT' r-OC. 669-734 : 'Ik III I.I.1 I WJI 1 `0 lJrA11L %IAII ubl-V A 1'i ')III -1:4 1 IAitll 1],,,' 01 -%N", X1,1471 I!IllnN WI, CWltvl;,APIy IT", 1TI ,I I:"AjI; riN N1 A7IVL TOTAL P-31 CERTIFICATION DATE : 01MAY95 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION EXPIRATION DATE ; 1MAY6 UNITED STATES COAST GUARD a m „p Incatc of VESSEL NAME PILGRIM OF NEWPORT OFFICIAL NUMBER D669734 CALL SIGN WBH9836 TERVICE PASSENGER HOME PORT LOS ANGELES-LONG BEACH,CA HULL MATERIAL WOOD HORSEPOWER 185 PROPULSION AUXILIARY SAIL PLACE BUILT COSTA MESA CA DATE BUILT OIJAN84 IGROSS TONS 80 NET TONS 72 UWT LENGTH 72.900 OWNER PILGRIM OF NEWPORT INC OPERATOR DENNIS L HOLLAND 2200 HOLIDAY RD 2200 HOLIDAY RD NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 THIS VESSEL MUST BE MANNED WITH THE FOLLOWING LICENSED AUD UNLICENSED PERSONNEL, INCLUDED IN WHICH THERE MUST BE —CERTIFICATED CERTIFICATED LIFEBOATMEN AND 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) DECKHANDS 2ND ASST. ENGINEER _ MATES_ OPERATORS) ENG'RS, IN ADDITION, THIS VESSEL MAY CARRY 82 PASSENGERS, OTHER PERSONS IN CREW, PERSONS IN ADDITION TO CREW, AND TOTAL PERSONS ALLOWED: 88 ROUTE PERMITTED AND CONDITIONS OF OPERATION: LIMITED COASTWISE; PACIFIC OCEAN BETWEEN POINT CONCEPTION, CA, AND 30-11' NORTH LATITUDE, NOT MORE THAN 20 MILES FROM A HARBOR OF SAFE REFUGE ON THE MAINLAND SHORE. A VOYAGE TO SANTA CATALINA ISLAND, AND ANYWHERE WITHIN 5 MILES OF SHORE OF SANTA CATALINA ISLAND, IS CONSIDERED TO BE WITHIN THE SCOPE OF THIS ROUTE. WHEN THE VESSEL IS AWAY FROM A SHORESIDE DOCK, OR HAS PASSENGERS ON BOARD, FOR NOT MORE THAN 12 HOURS IN ANY 24-HOUR PERIOD, THE VESSEL'S CREW MAY BE REDUCED TO 1 MASTER AND 4 DECKHANDS; MAXIMUM NUMBER OF PASSENGERS ALLOWED IS 82. AT ALL TIMES DURING WHICH BUNKS IN PASSENGER LOUNGE AREAS LOCATED BELOW THE MAIN DECK MAY BE OCCUPIED (WHETHER OR NOT THE VEgSEL IS UNDERWAY), A MEMBER OF THE VESSEL'S CREW SHALL BE DESIGNATED BY THE MASTER AS A ROVING PATROL. A CHILD -SIZE LIFE PRESERVER SHALL BE PROVIDED FOR EACH PASSENGER WEIGHING .LESS THAN 90 POUNDS. k*k SEE NEXT PAGE FOR ADDITIONAL CERTIFICATE INFORMATION **'� WITH THIS INSPECTION HAVING BEEN COMPLETED AT NEWPORT BEACH, CA ON 01MAY 9 5 , THIS VESSEL IS CERTIFIED BY THE OFFICER IN CHARGE, MARINE INSPECTION, LOS ANGELES-LONG BEACH,CA , TO BE IN ALL RESPECTS iN CONFORMITY WITH THE APPLICABLE VESSEL INSPECTION LAWS ,AND THE RULES AND REGULATIONS PRESCRIBED THEREUNDER. PERIODIC REINSPECTIONS THIS CERTIFICATE ISSUED BY: J. P. BRUSSEAU, COMNIANDER,USCG DATE ZONE SIGNATURE OFFICER IN CHARGE, MARINE INSPECTION —u LOS ANGELES-LONG BEACH,CA IN(3P6CTION ZONFa ^� DEPT. OF TRANSP., USCG, CG•841 (Rev. 3451 RN 7d ti.1]Af falRfld'1tJ — PREVIOUS EDITIONS ARE OBSOLETE --- HULL EXAMS --- -EXAM TYPE- -NEXT EXAM- -LAST EXAM- -PRIOR EXAM- DRYDOCK 31JUL97 26JUL95 31MAR93 --- STABILITY --- LETTER APPROVAL DATE/ 12JUN86 OFFICE/ LOSMS LIFESAVING EQUIPMENT NUMBER PERSONS REQUIRED TOTAL EQUIPMENT FOR 88 LIFE PRESERVERS(ADULT)... 88 LIFEBOATS(TOTAL)....... LIFE PRESERVERS(CHILD)... 9 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....... PORTABLE LIFEBOAT RADIOS. LIFE FLOATS/BUOYANT APP 2 45 EQUIPPED WITH EPIRB?..... NO WORKBOATS (NOT REQUIRED) (* INCLUDED IN TOTALS) FIRE FIGHTING EQUIPMENT TOTAL HOSE LENGTH/ 100 NUMBER OF FIRE AXES/ 1 NUMBER OF FIRE PUMPS/ 2 *FIRE EXTINGUISHERS - HAND PORTABLE AND SEMI -PORTABLE* A -II 1 B-I 8 B-II B-III B-IV B-V C-I C-II --- CERTIFICATE AMENDMENTS --- 1. PORT AMENDING/ LOSMS DATE AMENDED/'26JUL95 CHANGED HULL EXAM DATES. -AMENDMENT- *** END *** D1711T. OR'Y RANSP., U CO, CO-041 (flov. 1.4G) 14N .30^00-F01,0211 PRrvinus imITInNs ARC nBsnl_FTF CITY OF NEWPORT BEACH FINAL LETTER -COMPLETE 12/03/2004 HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 NEWPORT BAY MANAGEMENT TED ROBINSON 2717 W. COAST HIGHWAY NEWPORT BEACH, CA 92663 Dear Commercial Pier Permittee, Permit number: HC2004-005 Location : 2717 W COAST HWY Status: CLOSED This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. INSPECTION DATE COMMENTS CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 1 of 1 July 6, 2004 Meg Puhdo, Vice President, Property Management Newport bay Management, LLC 2717 West Coast Hwy. Newport beach, CA 92663 Subject: 2717 W. Coast Hwy. - Multiple Berthing Permit Number HC2004-005 Dear Ms. Puhdo: I am in receipt of your letter dated June 28, 2004, regarding the issue of multiple berthing occurring at the above subject property with two of your tenants. Holiday Marine Sales states in their correspondence that multiple berthing will be discontinued. We appreciate their concern for the safety of the harbor and their decision to change their business practice to comply with the National Fire Protection Association (NFPA 303). Due to the nature of their businesses, Depth Perceptions, Inc. and Larson's Shipyard stated 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 each slip shall contain only one vessel after business hours. Vessels that do not have a slip available will be stored on the launching ramp or on land. In the event of a vessel fire in the harbor, it is imperative to remove exposed vessels immediately. Employees shall be trained to respond without delay and take appropriate measures. Both action plans are approved and required to be implemented by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you have any questions. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport beach. Sincerely, f r Timothy Riley,; Fire Chief Meg Pulido, Vice President, Property Management e-mail: riewpobaytffix,netcom,corj June 28, 2004 Fire Chief Tim Riley Newport Beach Fire Department P.O. Box 1768 Newport Beach, CA 92658-8915 REF: 2717 West Coast Highway Newport Beach, CA 92663 Permit number: HC2004-005 Dear Chief Riley: At Larson's Shipyard (949) 646-5055 FAX (949) 646-8746 In reference to Multiple Berthing, I am enclosing the Action Plans from our two tenants that lease the slips at the commercial docks at the above -referenced property. We hope that this will suffice for the requirements of Newport Beach Fire Department, If you should have any questions or concerns, please feel free to call our office. Thank you.. Sincerely, Newport Bay Management, LLC By: Pulido, Vice President ,,� roperty manager NFPA 303 Compliance for Vessel Berthing Multiple Berthing: As a Yacht Broker, we are attempting to sell our inventory. There will be only one (1) boat assigned to each slip we have. We will not be multi -berthing. If we need to bring a boat to one of our slips to do warranty, repair or cleaning, we will move an existing boat to the clients slip. If you have any questions, please feel free to contact our offices. Thank you 41 Krisen Miller, Office Manager Holiday Marine Sales 1 Depth Perceptions, Inc. & Larson's Shipyard 2705 W. Coast Hwy. Newport Beach, Ca. 92663 Phone (949) 650-2206 - Fax (949) 650-0944 - Email Hulltruthl@sbcglobal.net NFPA 303 Compliance for Vessel Berthing Multiple berthing: Multiple berthing will be implemented only during working hours. Since most of our work boats are not at the dock during these hours, multiple berthing will most likely occur with customer's vessels. In an attempt to keep multiple berthing from occurring, the Shipyard will start charging additional fees to customers if vessels are not picked up within 2 hours of work completion. Employees are on the premises during working hours and can quickly move berthed boats if an emergency occurs. Multiple Berthing will be more difficult after hours. We have destroyed several of the smaller vessels which are not used each day. This will solve the problem with vessels stored under our building. We are currently seeking to rent more dock space for our remaining work vessels. To date, we have not been able to procure more dock space. Once our work boats return for the day, we will be confronted by a new problem. We have more boats than the docks will accommodate as dictated by the City of Newport. Therefore, as a last resort, we will haul out our work boats to the hard and store them on the ramp, launching them again each morning for use. Although this action plan is very costly to our business, it would be as costly to rent More docka if they vvere available. Lastly, Tere are atl emptncr unsuccessfully to Sell any vessels not used at the shipyard. 'FROM : FAX NO. : Apr. 08 2004 04:46PM P1 Newport Bay Management, LLC A CalHomie Limited Lieblllty Company 2717 west Coast Highway N#wport 13a90h, California 22663 Map Pulldo, Vloe President, Property Management G- Mall1 nowpohayaknetoom.com April 5, 2004 Fire Chief Tim Miley Newport Beach Fire Department P.O. Box 1768 Newport Beach, CA 92658-8915 REF: 2717 West Coast Highway Newport Beach, CA 92663 Permit number; HC2004-005 Deer Chief Riley: 'T �4l At Larson's Shipyard (044) 648.5053 FAX (040) 046.8740 We have received the Inspection Checklist from the City of Newport Beach regarding our commercial docks located at the above -referenced property. One of the non -compliant areas that requires our attention is Multiple Berthing. The Comment in the Inspection Checklist states that "All boats shall be readily removed in an emergency without the necessity of moving other boats," Due to the two types of businesses that lease these particular slips, a Yacht Broker and a Boat Repair Yard, boats are constantly being shuffled. Boats are not usually 'stacked' within a slip for any long periods of time, but sometimes might need to be left overnight in non- conforming locations because of the needs of their operations. Prior to structuring an action plan to resolve this deficiency, we would like to request consideration from the City and Fire Department because of the nature of these two businesses, for a variance in their regulations concerning the yacht brokerage and Shipyard operations at l-arson';s Shipyard, If you should have any questions or concerns, please feel free to cell our office. Thank you for your time and consideration. We look forward to hearing from you. Sincerely, Newport Bay ggment, L.L.0 By; M ulldo, Vice President r erty Manager I. M L Ft -.RIP Re cJJertha-goknson partnership EDWARD B. ROBINSON ALBERT F. BERTHA BRIAN A. BERTHA February 4, 1993 Mr. Wes Armand Marine Department City Of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Mr. Armand, AT LARSON'S SHIPYARD 714/646-5055 Per our conversation this week, I have enclosed evidence of Blue Moon Marine's insurance and workman's comp for your file. Please feel free to call me if you have any questions. Sincerely, The Bertha -Robinson Partnership G '. Kathy Schoenfeld, Property Mgr. a:ls\bm.ins 2717 WEST COAST HIGHWAY. NEWPORT BEACH, CALIFORNIA 92663 FEE-08-1993 15:40 FROM EECIff I t)E SLI I TE TO 6733056 P.02 workers' Compensation& Employers' Liability Polioy 1URAG OFFiCE: INFORMATION PAGE INSURAP%IC6 Co1v1pe,Ny $Urfing&nIL, CA t44011-445S Poliry 170--treW Number WCG 27775-B X4#M0 S."Id AddrWs of Insured: RenaWel 61 Policy WCG 27775-A .I. STEELt, MARSHAL (AN IND) -i-TT1Tj1 -PRO] Ul� ?. NO (08A) SLUE MOON MARINE NO 2703 PACIFIC COAST HWY, NEWPORT BEACH CA 92660 0 02,02 7 8 1250 021 Corporation ndividual MDDUCER Partnmhip WESTMAR jNsukApCE SERVICES 1�,O NORTIA Z'ITEP STOCKTON CA 952DI Ernpiloyers' Lr. , '�No, Loca4oas - Ali usual woftlam of the l"Inre'd at or from which operavons covered by this PokY am conducted 00 located at the above address ulnles,;t oiherMsa stated herein: Per. foci. From, IQ/01/92 To: 10/01/93 12,01 A.M. STANDAFIL) TIME Ar THE ADDRM$ OF 1jqC wNASO �NSUA&t) 0 8rrA= MCF1EIN, A. Fwt One of this policy applies 10 the Workers cornpenaatio(a Law of each Of f0tio),vi" States: CALIFORNIA 8- L'tml( Qk' UabilgY for bait "Two - EMPlOYer's Liabifty: SOCIRY 111M.y by Aocidont $ 1. 000, 000, eaoh accident SubJ001 10 &0 the towns of this policy having Bodily INUrY by DL16&ta $ 1,000,00.0. policyllrnft roferanftd thereto. e-odily injury 'icy Disease $ 1, 000, Doc, P-mh employgg 0, Qaiar:Slateg Inwrance". Part Three of the policyapplies to the states, if -any listed hem: ,"- T hog po4q lrooludgs thm endorsements gild schedulp_v, WC-1-104 116 jig IV 129 133 1.36 137 189 190 4. 1'rne pm.-r4om for this policy will be Ideterrnined by our Manuaje,4 of Rule$, Rates and Rating Plano, Ali infortnoon r0quirad below is S'Jb,-'Gct 10%?8009ton and ohange by audit CLASSIFICATION OF OPERATIONS CODE NUMBER S&AT SUILDIN6 OR REPAIRING - BOATS NOT EXCEEDING 150 Ti—ET----:— 6834 IN LEN&TH OVERALL - INCLUDINC, ;SHOP AND YARD WORK $U EXTENSION SCHEDULE WC ADMINISTRATION SiJkCHAR6E - $15.0o 100,000 N/8. �.Wrmirnuni Prernutjrrt $1,000, F iodioated, interim 9djUSUMntS Of premium shall be Mads: Seff-Annually Ej 04arterly Gcrunteratgned at at I s1g.lazurc" Daze WC-1-1()l (09/gl) INSUnED R P% a op, ESTIMATED ANNUAL NERATI-ON FAEMIUMS 10,87 10,870— Pivritum $ 11,190. Monthly Deposit pf( 1 $ 2.240 WC 00 00 01 TOTAL P.02 Continental Mo, Insurmce Marine Office of America Corporation Producer's JAY & RENFRO Name and P.O. Box .:7159 Address Newport Beach, Calif. 9'2.658., Named BLUE MOON MARINE Insured 2703 Pacific Coast Highway Mailing Newport Beach, Calif. 92663 Address MOAC IM 450 Policy No. MPC 8 5 31 1 2 Renewal Certificate Policy Issued by Continental Insurance Company Renewal I From August 16, 1992 to August 16, 1993 at Period 12:01 A.M. standard time at Insured's mailing address shown above. Mortgage Holder Mailing Address Common Policy Declarations Property Account Coverage A Stock Company In return for the payment of the premium, we agree with you to renew the policy shown above for the period designated. Your coverage is only as described in, and subject to all of the terms of, the policy and of any change endorsements, new forms and schedules forming part of this Renewal Certificate. Only those coverage parts, for which a premium is indicated, are in effect as of the date of this renewal. This renewal has been issued at rates in effect on the date of the renewal and the premiums are shown below. Change endorsements, new forms and schedules which apply to this renewal; or which replace earlier editions of forms and schedules on the original policy now attached to and forming part of this renewal are shown below. Coverage Part Change Endorsements, New Forms and Schedules Form Number and Edition Premium Business Property Coverage Part $ 630 Boiler and Machinery Coverage Part $ Commercial Inland Marine Coverage Part $ 22 Ocean Marine Coverage Part $ Additional Covera e .Part(s) $ $ All Coverage Parts XXXXXXXXXXXXXXXXX Premium for this policy $ Add for attached companion policies $ Total Premium $ Surcharge $ Total $ 6,522 Premium may be subject to adjustment as provided in policy. Replaced Forms (Form No. and Ed. date): Countersigned by: PLEASE PLACE THIS RENEWAL CERTIFICATE WITH YOUR POLICY. Copyright, The Continental Corporation, 1987 includes Copyright material of the Insurance Services Office used with its permission. 9/88 Printed in U.S.A. nait';inint Issued by MARINE OFFICE OF AMERICA CORPORATION Company THE CONTINENTAL INSURANCE COMPTITZ 180 MAIDEN !E, NE YORE, NY 10038 L1192.095 Producer's General Offices 180 Maiden Lane NY NY 10038 Producer's Code Renewal of Name and Address JAY & RENFRO PO BOX 1607 NEMPORT )BEACH, CA 92663 07-21414 L1191711 Named Insured BLUE MOON MARINE Mailing 2703 PACIFIC COAST HIGI*IAY Address NEVPORT BEACH, CA 92663 Common Policy Declarations Policy From AUGUST 16, 1992 to AUGUST 16, 1993 at Commercial Lines Policy Period 12:01 A.M. Standard Time at your mailing address shown above.. Business Description: BOAT REPAIR & SERVICING IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Coverage Part Premium Commercial Property Coverage Part $ Boiler and Machinery Coverage Part $ Commercial Inland Marine Coverage Part $ Commercial Crime Coverage Part $ Commercial Auto Coverage Part $ Commercial General Liability Coverage Part $ 7,360. Farm Coverage Part $ Additional Coverage Part(s) $ Premium for this policy $ 7,360. Add for attached companion policies $ Total premium $ 7,360. Premium shown is payable: $ 7,360. at inception; $ each anniversary. Any premium shown in the Declarations for a Policy Period extending beyond one year was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium for each Coverage Part in accordance with our rates and rules then in effect. Exceptions, if any, are: Audit required for: n GL ❑ Auto ElInland Marine ❑ Other Annual or ❑ Form(s) and Endorsement(s) applicable to all Coverage Parts and made a part of this policy at time of issue: CG2011 ENDS. #1-10 SDEC20 I1,0021 SCG22 503 SCG22. 501 CG2147 IL0017 IL0270 COUNTERSIGNED BY (Date) hor' ed Representative) THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. CS 9-1-92 SDEC 2 Ed. 3/89 Printed in U.S.A. CL 247 POLICY NUMBER: L1192095 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20111185 ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 2703 PACIFIC COAST HIGHWAY 2. Name of Person or Organization (Additional Insured).. THE BERTHA ROBINSON CO. 2717 WEST COAST HIGF79AY 3. Additional Premium: INCLUDED NEWPORT BEACH, CA 92663 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include asan insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises.. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. AUTHENTIC #4 Copyright, Insurance Services Office, Inc., 1984 I CL 247 POLICY 'NUMBER: L1192095 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20111185 ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 2500 W. PACIFIC COAST HIGHWAY NEWPORT BEACH, CA 92663 2. Name of Person or Organization (Additional Insured): THE BERTHA ROBINSON PARTNERSHIP 3. Additional Premium: INCLUDED (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. UTHENTIC :o Copyright, Insurance Services Office, Inc., 1984 770 Ns-oY avr BE'.4c i 1 SirC- r Z-.0 6COCA e Ivw.I�en/ *�' A R Q IwcQOA /ILL Ot'eW SaINO D "q c• •-ram ,4 r o „-,.• �- .was., C ,� O A 7fa MI( VICINITY SKETCH a` � CwsC N awPoRr DAY, CAL IFORna/A �! , . Jerrr V I SoUr�d�ngs owe eXpressad in f�e� and &snot& Qdepths below Mco✓! Loaver Lo+✓ Wofer. yJorn.sc�.n V Y, ra179e /.roes D/ are ea�ob/'shed in .1his . Seclzori of NewPo�f Bor �j Q �G d ! All G V Q I � Q I F✓U/GT icew C/J Y STANlJARpS. a- -- _ _ _� (IJOGG�� i r---�--� Cr 2�94d-r- --, -- II I I I I I I I II Af Z. L.w h �I i I I l✓.�pF/L G'G/!4G-� r/OWN L>fI�50/V � PL / CA.vT 5IV,41,fGGYGW1-VG /W I. 9Mz',-W - C o r A/ ®G,r, T,eA cT �19 Joa AvoQ�ss 7D� 2�03GUesf CoaSf��h�a�/ Ca,,-lraAcTo.c OArElJ 9~79 CITY OF NEWPORT BEACH HARBOR PER p 1-cr'-pAIS SION is r0 CONSTRUCT ANn RE E.-RISE. MIE.REOF V MAMTAIN TNE p"RoviSIONS OF AT THE SITE T4F- HARBOR REACH AN9 MS PER 'ENT G AW, SPECML Co%JMM. TH Y44M "71 RIGE-ils GWEN,, A. ';-jjE cj-rY C(- AND TMS ?Et-r�LlfllT MAL CODE - IN ACCORDANCE WITH�. C WIT DATE CONSTRUCTION I DATE--------- .......................... SEE ATTACHED SHEET 4 T, 7�' Engineers Permit 0'*i4'R17,e County Permit Other Ci r � do All-Iflcarr 6,r,4c,- r�•1lre a cue ►n+rl• _ WIN" m4 �'L"LOGAT ,� t1 3xr 'X1Sl � 12 N� FILING a '660 CFO O 00.0 ,� A / ` -/,S, 0 +I "Aa'--7i---�.-. • at arm •y, ...,....+...... c.AT.M. •ai w+w -27 R u_ 29 II .yam G-X/ST; BOrTocr! a !1-s� V I C I (U I Ty k E T C 14 wRf► �nrx ��. MawpaRr 64Y CAL IrbltNIA !rr►r IF / ��= 3©r Sc+un ty..�y � t7►I' ►•dpr� +t1 �.d in rwr/ or►d c��a�/� f4�'JoW .4fc ort LO.vdM Zow Wder. . Af*jyj."/A'► tdilQl� eti iiry;. o proxla+M^4slr' 10 404 1+lQrbpr /,;it$ drr' �a�ub/rghsd l++ ►hid ,'We'CII00? aFM&W,0011 BOr.. %BUSTY P Ll cAil/ 270% ',(5'UfLU/�fG 100. os X/sr-iivG poc/� NL--W I �44�'INGL`�'S �i ,e�M'ov� �sr. F/NG're CALYPSO rr- -/p01SINS4/V Pf1�'TNG-i?Sll/P ! r H L,�, 7,",,,4cr 7/% W,6l 5T COAST 'Y I c'o.vr r ocro,* VAr,A-r CITY OF NEWPORT BEACH HARBOR PERMIT DA; E ........ ...... �-��. PERMISSION 16 HEREBY OFANIMD 7O Ammar AM1D MAIN7A{N THE FAc LRY OKM ON TW IOBIIMIIE SEE -� T 1 r l 1 i T AT THE SITE INDICATED, OJBJECT'TO TO WN011NNMIMI 00 THE HARBOR PERAWT PMM OP IB'. OW MMAOII AM, ANY SPECIAL CONWO" LOW MONK IM F M I 0 IS NOT TRANSFERAW WM ff1MWR1i= Fni tIN�Cp THE crrx HARBOR COOROK4M Co CM COUN M.111E RIGHTS GNEN,.UNDER THIS PERM ARE POINNUM OW AND THIS PERMIT MAY BE .ByJW C" COUNCM. . IN ACCORDANCE WfIH 7 OP THE / p, { (p} �rl�y y� C3..P�L C0N1in,1T C'a NS: .�n,.;nFn...J �/ ✓ Fj, `I �' qo:r �✓(i'17f CITY WAKSOR, OORDINATOR / per,{ ��p�y ,fig ./ / / L Or wn, a Countj .Pe, mat w0. DATE O ',at � e Ci l •Z 7-9 7-.- Public Works Special Condition: This permit shall be conditioned to allow berthing of the PILGRIM and two 60 foot and one 50 foot maximum length vessels. 10/26/92 �...r % �r" Y-- Alll!C'Y' jll:"' 6�+'Q . " Koow: fdc PILL- FILINGt /I :u LID,, d . U N LL-27 II li%�+ kr +xi.wnKyw L= X/ST CSOrT4,�lJ ..� u -a9 1 ,e ,�"� 1 � l Y� SKETCH �y�" h e vJ � 7,. 1 'v f 1 Y r.. K E 1 �0 1� Hrrtrd lddY,r I"xyr �' MR—OkO`fir• 8r1Y CAtldr,oOkMtA i +rrrw i SL-�G T101\1l -,mil .. ,...... ! R7',rry It rIr r B,arr� grS �K/ rh I"ar rd KlFt,�r r�rrr4rd" eOPerl, 1 h0..P1Ow Airwdrt L�s.,.v. r ZVW lwrCf?irr.. AlrrjrnA"A/orr r0n9r elf /r'rr, �rr�.►-�r�rrhrv��rf� /0 4evf., Jrorhoo r�r;l7p'} • dr+� r_ a �d bls gd4a�ef rn r�� i 3 . �+C"C 1�rarp dFr1E'C �ht�plyir� !'3i:r: 1JG Ll Ceti/ ,t!3UlL ID�NG �' /� _ / Id0.03 f - I U,S, ,6Lr�t,D LING I L X/ST/NG pOCK L_- F/ZoPOsc-� 23 (I/3s leGA-101U L FIA-161: 2S 4,1' ��ell _� fi" i"_��':T 2 7e/ 2703 �I= S T COAST / /w'/� Co,v "lr A. C ro A �1,4 .r. ,r CITY OF NEWPOW BEACH HARBOR PERMIT PERMISSION 13 HEREBY QR4f4M To P11 -HP MAINTAIN THE FACNM $MOM ON 7W MEOW N AT THE SITE INDICATED BUBjKr To IM PNOYNI01 THE HARBOR PERMIT POUCKS OP Nr*~ N&W ANY SPECIAL CONDITIONS LOW MOM IM p IS NOT TRANSFERABLE WRTHMIM WWWCOM THE CITY HARBOR COOROK4M OR QW CoLq= RIGHTS GIVEN UNDER THIS FERMff AM PEP&JUM AND THIS PERMIT MAY BE 0- VIM on Go IN ACCORDANCE WITH MMKOF .AhN.M., DATIE ...J1r SgE Affftifft ttlff I. �,�INECNAL CONID!TIONS: CITY44A913.OR bWR0INAMR (.o,pr, 01 En.�gi!,ecm PerFAA Ormange County, Pokirfit DATE 7-9 7,, Public Works Special Condition: This permit shall be conditioned to allow berthing of the PILGRIM and two 60 foot and one 50 foot maximum length vessels. 10/26/92 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES. CALIFORNIA 90053-2325 January 14, 1993 REPLY TO Office ATZIflothe Chief Regulatory Branch The Bertha -Robinson Partnership 2717 West Coast Highway Newport Beach, California 92663 Gentlemen: Reference is made to your request of October 20, 1992 (No. 93-180-BH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to move two fingers of an existing dock four feet and eight feet westward, and drive five new pilings and relocate three existing pilings, at 2701 West Coast Highway in Newport Harbor, Newport Beach, Orange County, California, as shown on the enclosed drawings and subject to the enclosed conditions. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and to comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a preaddressed envelope is enclosed for your convenience). Notice of the commencement of the activity must reach this office at least 10 days before the activity actually starts. Please use the enclosed card. Sincerely, -2- When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and. nditions, have the transferee sign and date below. -,-7 ---7 /l (TRANSFEREE)r DATE) Enclosures 3 PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 14, 1996. If you find that you needlmore time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will. initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: See attached sheet. 4 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 5 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves'to have been false, incomplete, or inaccurate (See 4 above). C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. 0 SPECIAL CONDITIONS PERMIT NO. 93-180-BH Conditions for section 10 permits 1. That the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 2. That the permittee shall notify the Commander (oan) Eleventh Coast Guard District, 501 West Ocean Blvd., Long Beach, California 90802, (310) 980-4300, Extension 501 at least two weeks prior to start of activity and 30 days if buoys are to be placed. The notification should include the following information: a. the size and type of equipment that will be performing the work; b. name and radio call signs for working vessels, if applicable; C. telephone number for on -site contact with project engineers; and d. the schedule for completing the project. REGULATORY-L.A. I ID:213-894-2151 JRN 14'93 10:10 No.003 P.01 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS FACSIMILE TRANSMITTAL HEADER SHEET REGULATORY BRANCH P.U. BOX 2711 LOS ANGELES, CALIFORNIA 90653-2325 (213) 894-5606 FAX. (213) 894-5312 TO: to�z. :��4 r .�.� OFFICE: " ' ' w..S, ` .,�, FAX NUMBER: (I\N� PHONE NUMREp: FROM: BaucE Hnbnsn REMARKS: 2-1 W . C.��'� ba,,.►� W'� � �o��� wa .rcaCt,a• -a 1r-c.dv _& Pages to Follow STATE OF CALIFORNIA—THE RESOURCES AGENCY 14 0Ip ,+���� a,t i; i,� r $e�� a��" ti PETE WILSON, Govsmor CALIFORNIA COASTAL COMMISSION �7 „ �w 2445U TH W. BROADWCOAST AY,, STE. 380 DEC Ca Fl- 19 z P.O. BOX 1450 AM � P LONG BEACH, CA WM-4416 �i�'�`IdJ'IW211121814 5 (310) 590.5071 Date: 12-14-92 Waiver # 5-92-411 NOTICE OFPERMIT WAIVER EFFECTIVENESS Applicant: The Bertha —Robinson Partnership Please be advised that Waiver # 5-92-411 which was reported to the Commission on December 10, 1992 became effective as of that date. Any deviation from the application and plans on file in the .. Commission office may require a coastal development permit for the entire project. Should you have any questions, please contact our office. PETER M. DOUGLAS Executive Director By: va-4� Title: Staff Analyst E6: 4/88 7071E MV/lm Paqe 2 .92®411 } (/ plLING - ( ri -_,fl II I -24 L Z- W5r: Gcr7OW s� - �w ~r O/1 . 0 1, Irer— ri _ r„n �•�f D -sr �ll�'f ti11T1'' 5KETCH Nrw�aRr 64 t CALlraft"PA Q��, Ir�CZJiu •1/ M4q wRir �rnr w SelaW Mr-pn em rA,t ronprr�lr,.*,?�,'y' /19 G (fir 'lab/,3A&d f;+ 1�1�i1 tc�/rc,f orftiew�ar1 6or I5'Fmutb Coast Districtf f ", ' Permit He CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT Data8 �e I 1, �� L x/sr L_� r-- I i - Fr/A Ooosr i GG;E'S� I I L�c,vr�-lA -kobeiNsL"ly r2XQTNLt�-llYWZ r, t ro.4 0,4 rK (9ke oertka-Rokinson gartnerskip EDWARD B. ROBINSON ALBERT F. BERTHA BRIAN A. BERTHA December 11, 1992 Mr. Tony Mellen Mr. Wes Armand Newport Beach Marine Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Tony and Wes: AT LARSON'S SHIPYARD 714/646-5055 As you know, the only approval we have left for the moving of those two fingers of the docks of Larson's Shipyard is the Corps of Engineers. We left a couple of messages for them, since we applied for a permit from them last October. We finally got a call back from a Mr. Salas there, saying that they traced it down, and the application came back to him yesterday with the word "yikes!" on it, and an arrow at the date. Apparently it got lost somewhere, and Mr. Salas apologized and said they were processing it now, and hoped to get it back to us before the end of the year. Just thought I would keep you apprised. a:TONY Sincerely, The Bertha -Robinson Edward B. Robinson, 2717 WEST COAST HIGHWAY, NEWPORT BEACH. CALIFORNIA 92663 (Jke (0ertka-Robinson gartnerskifi EDWARD B. ROBINSON ALBERT F. BERTHA BRIAN A. BERTHA November 30, 1992 Mr. Tony Mellum Newport Beach Marine Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659-1768 AT LARSON'S SHIPYARD 714/646-5055 Subject: Waiver of Coastal Development Permit Requirement/De Minimis Developments -Section 30624.7 of the Coastal Act Dear Mr. Mellum: Please find enclosed a Waiver from the California Coastal Commission for the revision of our boat dock. a:WAIVER Y 5L ecretary 2717 WEST COAST HIGHWAY, NEWPORT BEACH. CALIFORNIA 92663 COUNCIL MEMBERS ROLL CALL CITY OF NEWPORT BEACH October 26, 1992 23. HARBOR PER APPLICATIONS - Uphold staffs recommendation to approve the following, subject to conditions listed in the staff report from the Marine Department: Application No. 129-2703 by the Bertha Robinson Partnership to revise the commercial docks bayward of 2703 vest Coast Highway. Application No. 154-119 by Jim Deane to revise the residential float bayward of 119 East Bay Front, Balboa Island. 24. SPECIAL EVENTS APPLICATIONS - Uphold staffs recommendation to approve the following applications subject to conditions in the staff reports of the Revenue Manager: Application No. 92-410 by Claudia Draeger and Curtis Franz for amplified sound at Lookout Point in Corona del Mar on Saturday, May 8, 1993 from 4:00 to 5:00 p.m., for wedding ceremony. Application No. 92-422 by the Silva Mavusi Family for the use of amplified sound at 17 Ridgeline Drive on Friday, October 30, 1992, from 9:30 to 11:30 p.m. for a surprise birthday party. Application No. 92-433 by the Fashion Island Merchant's Association and Hard Rock Cafe to conduct a grand opening fund raising party with amplified sound on Sunday, November 8, 1992, from 2:00 to 8:00 p.m. 25. BOARD OF LIBRARY TRUSTEES VACANCY - Accept with regret resignation letter of Charles H. Sword; direct. City Clerk to advertise to fill his unexpired term of June 30, 1996. 26. HUNAN SERVICES ORGANIZATION ASSISTANCE REQUESTS - Uphold staff s recommendation to approve the subject grants provided in the staff report. [Report from the Deputy City Manager] 27. BUDGET AMENDMENT - For approval: BA-009, $30,000 - Increase in Budget Estimates and Budget Appropriations to pay for appraisal services on the CASTAWAYS (for the anticipated reimbursement from The Irvine Company and Newport Conservancy); NonDepartmental/Professional Technical Services Fund. Volume 46 - Page 356 Harbor Permits (51) Special Events Permits (27) jApl 92-410 1 92-422 92-433 Bd Library Trustees (24) Human Sry Astnc (40) (40) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL October 26, 1992 to redesignate the properties bounded by Campus Drive, Bristol Street North, Birch Street and MacArthur Boulevard from Administrative, Professional and Financial Commercial to Retail and Service Commercial; B. 3500, 3510. 3520 and 3530 Irvine Avenue: A request of David Magilavy and Florentino Apeles to amend the Land Use Element of the Newport Beach General Plan to redesignate these properties from Administrative, Professional and Financial Commercial to Retail and Service Commercial; C. 1701. 1719 and 1815 Westcliff Drive: A request of Richard Dick and Associates to amend the Land Use Element of the Newport Beach General Plan to redesignate these properties from A d m i n i s t r a t i v e, Professional and Financial Commercial to Retail and Service Commercial. 20. ACCEPTANCE OF CORONA DEL MAR FATES MAIN AND ALLEY REPLACEMENT PROGRAM (C-2850) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 21. ACCEPTANCE OF NEWPORT ISLAND STREET LIGHT INSTALLATION (C-2799) - Accept the work; authorize the City Clerk to file a Notice of Completion; and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 22. ACCEPTANCE OF MODIFICATION OF TRAFFIC SIGNALS ON BALBOA BOULEVARD AT PALM STREET, AT MAIN STREET AND AT 23RD STREET (C-2906) - Accept the work; and authorize the City Clerk to file a Notice of Completion; to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] Volume 46 - Page 355 MINUTES ua CdM Wtr Mn & Alley Rplcm Prg C-2850 (38) Npt Is St Light/Inst C-2799 (38) Trfc Sgnls Mdf ctn Bat Bl/Plm Main/23rd C-2906 (38) STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA d 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 Date: November 20, 1992 (310) 590.5071 TO: Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments —Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238:1, Title 14, California Administrative Code. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy. is resolved in writing. WAIVER # 5-92-411 APPLICANT: The Bertha —Robinson Partnership LOCATION: 2717 West Coast Highway, Newport Beach, Orange County. PROPOSED DEVELOPMENT: Revise an existing U—shaped boat dock by shifting one finger 4 feet to the west and the other 8 feet to the west. Resultant dock will be 45 feet long and 49 feet wide. The proposed dock will extend no further channelward than the existing dock and will be within the U.S. Pierhead line. RATIONALE: The proposed development will have no adverse impacts on coastal access or resources, is consistent with the City's certified LUP and the Chapter Three policies of the Coastal Act. This waiver will not become effective until reported to the Commission at their December 8-11, 1992 , meeting and the.site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the Administrative Code. The enclosed Notice Card shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required. bv: CHARLES DAMM South Coast District Director cc: Commissioners/File 6905E rA� w 1 2 1 -2- 7 < 4�, . fit_ CITY OF NEWPORT BEACH Marine Department October 27, 1992 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 129-2703 BY THE BERTHA ROBINSON PARTNERSHIP TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 2703 WEST COAST HIGHWAY Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission 2. Approval of the Army Corps of Engineers 3. Approval of the plans and specifications by the City's Public Works Department 4. That a vessel that is currently sunken adjacent to the building at 2703 West Coast Highway be removed prior to the agreed construction and revision to the docks Discussion: This application is before the City Council as required by Section 5.C.3 of the City Harbor Permit Policies which states" 5.C.3. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when (3) The upland abutting property is zoned commercial". The applicant proposes a minor revision to the existing facility to more adequately accomodate the vessels to be berthed there. As the attached drawing indicates, the revision consists of rebuilding the two baywardmost fingers and moving them approximately six feet towards the west from their current location. Tony Me��lm�" Deputy Marine Director srl.oct The revised configuration meets the City's Standard Drawings and will not lessen the use of the immediate water or land areas. Therefore, it is Staff's recommendation that the dock be approved as it is currently built, subject to the conditions listed above. Tony Melum, Deputy Marine Director sr2oct.92 (9he 0eriha-Robinson gartneskip EDWARD B. ROBINSON ALBERT F. BERTHA BRIAN A. BERTHA Mr. Tony Melum Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659-1768 Subject: Larson Shipyard Dock Alteration Dear Tony: AT LARSON'S SHIPYARD 714/646-5055 October 20, 1992 The sunken boat you mentioned in your last memo has been removed Regarding the Water Quality Control Board, Joanne Lee at the Control Board said that the October.20, 1989 letter from Augustine Anijielo would suffice as their approval, since exactly the same conditions exist and there is no time limitation on it. She said that if there were any questions this can be verified by calling her at (714) 781-6288. We have almost put together the bundle of documents required by the Coastal Commission, for an administrative permit. Re: the Army Corps of Engineers, we are requesting a Letter of Permission, and will keep you updated on those applications. As I understand it from your office, we have been scheduled for the City Council meeting of next Monday night, October 26. We. look forward to getting this accomplished. Sincerely, The Bertha r Edward B. Robihson, 2717 WEST COAST HIGHWAY, NEWPORT BEACH. CALIFORN[A 92663 PORT CITY OF NEWPORT BEACH ? P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 CgCI FOR`\ �129'��D3 October 10, 1992 Edward B. Robinson The Bertha -Robinson Partnership 2717 West Coast Highway Newport Beach, California 92663 Dear Mr. Robinson: The Marine Department has received a complaint regarding the permit area bayward from your property at 2717 West Coast Highway. Specifically, the complaint is that there is a sunken vessel on the bottom that is a nuisance and should be removed. The California Harbors and Navigation Code, Section 525, specifies that no person shall abandon a vessel.upon a public waterway. Additionally, the Newport Beach Municipal Code Section 17.32.040, require the permit holder who maintains.a pier to keep the area free and clear from refuse and litter at all times. Recent field inspections have bay bottom and has yet to be boat removed from your permit of this letter. Sincerely, Wes Armand Harbor Inspector found the vessel to remain on the removed. Please arrange to have this area within two weeks from the date 3300 Newport Boulevard, Newport Beach Z 7 � 3 /�� �,�,C �C i. rARTIES. is made by "Landlord"), "Tenant"). LARSON SHIPYARD LEASE This Lease, dated as of this 14th day of August , 1992, and between The Bertha -Robinson Partnership, (herein called and Dennis Holland and Betty Holland (herein called 2. PREMISES. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain unfurnished space (herein called "Pre- mises"), having approximately 805 square feet of floor area. The location and dimensions of said Premises are delineated on Exhibit "A" attached hereto and incorporated by reference herein. Said Premises are located in the City of Newport Beach, County of Orange, State of California, street address: 2729 West Coast Highway. This lease is subject to the terms, covenants and conditions herein set forth and the Tenant covenants as a material part of the considera- tion for this Lease to keep and perform each and all of said terms,. covenants and conditions by it to be kept and performed. 3. USE. Tenant shall use the Premises for boat chartering, wedding chapel, general offices and shall not use or permit the Premises to be used for any other purpose without prior written consent of Landlord. 4. MINIMUM RENT. 4.A. Tenant agrees to pay Landlord as Minimum Rent, without notice or demand, the monthly sum of One -Thousand Four -Hundred Ten & No/100 ($1,410.00) Dollars, in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be paid upon the execution hereof. The rental shall commence of the 1st day of September , 1992. The Premises are being leased in its "as is" condition. Rent for any period which is for less than one (1) month shall be prorated portion of the monthly installment herein based upon a thirty (30) day month. Said rental shall be paid to Landlord, without deduc- tion or offset of any kind, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing. 4.B. The Minimum Rental as set forth in 4(A) above shall be in- creased in the same ratio that the- Consumer Price Index - U.S. City Average - All Items (Index), as published by the United States Department of Labor's Bureau of Labor Statistics, increases over the base period Index. The base period Index shall be the Index for the calendar month which is four months prior to the month in which rentals commence. The base period Index shall be compared with the Index for the same calendar month for each subsequent year (comparison month). If the Index for any comparison month is higher than the base period Index, then the minimum rental for the next year shall be increased by the identical percentage commencing with the next rental commencement mont4. In no way shall the Minimum Rental be less than that set forth in 4(A) above. (By way of illustration only, if Tenant commenced paying rent in August 1989 then the base period Index is that. for April 1989 (assume 130) and that Index shall be compared for the Index for April 1990 (assume 136), and because the Index for April 1990 is 4.6% higher, the Minimum Rental commencing on August 1990 shall be 4.6% higher: likewise the Index for April 1991 shall be compared with the Index for 1989. Should the Bureau discontinue the publication of the above Index, or publish same less frequently, or alter same in some other manner, then Landlord shall adopt a substitute procedure which reasonable reflects and monitors consumer prices. 5. TERM. The lease shall be five (5) full calendar years. The parties hereto acknowledge that certain obligations undeO."various articles hereof may commence prior to the lease term, i.e. construction, hold harmless, liability insurance, etc.,; and the parties agree to be Page 1 of 13 Pages LSL/a:DENNIS Tenant's Initials, Landlord's Initials `� bound by the articles prior to commencement of the lease term. 6. SECURITY DEPOSIT. Concurrently with Tenant's execution of this Lease, Tenant has deposited with Landlord a sum of One -Thousand Four - Hundred Ten & No/100 ($1,410 00) Dollars, in addition to the first month's rent. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount, and Tenant's failure to do so shall be a default under this Lease. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposits. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's' interest hereunder) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said deposit to Landlord's successor in interest. ' ' n �2 G UP 7. ADJUSTMENTS .l Ylnll�C'',�i 1, c1 Z 7.A. In addition to the Minimum Rent provided in Article 4 herein - above, and commencing at the same time as any rental commences under this Lease, Tenant shall pay to Landlord the following items, herein called Adjustments: a. All real estate taxes and insurance premiums on the Premises, including land, building, and improvements thereon. Said real estate taxes shall include all real estate taxes and assessments that are levied upon and/or assessed against the' Premises, including any taxes which may be levied on rents. Said insurance shall include all insurance premiums for fire, extended coverage, liability, and any other insurance that Landlord deems necessary on the Premises. Said taxes and insurance premiums for the purpose of the provision shall be reasonably apportioned in accordance with the following formula: i. These items to be allocated among the leasable square footage of the street -side building area of approximately 2313 square feet and the bayside building of approximately 6565 square feet. As an example, if taxes came to $9000, a 160 square foot tenant would add $13.52 per month to its base rental ($9000/8878 sq.ft. x 160 x 12 months _ $13.52). b. Included in the allocation by the formula in 7.A.a.i. above shall be: i. All real estate taxes, including assessments, all insurance costs, and all costs to maintain, repair, and replace common areas, parking lots, sidewalks, docks, driveways, and areas used in common by the tenants of the "Larson Shipyard Area", and all costs of maintaining and repairing the air conditioning and heating systems of the buildings on the Premises. ii. All costs to supervise and administer said common areas, parking lots, docks, sidewalks, driveways, and areas used in common by the tenants or occupants of the "Larson Shipyard Area". Said costs shall include such fees as may be paid to a third party in connection with same and shall in any event include a fee to Landlord to supervise and administer same in an amount equal to ten (10%) percent of LSL/a:DENNIS Page 2 of 13 Pages Tenant's Initials' ml Landlord's Initials �- the total costs of 7.b.i. above. iii. Any parking charges, utility surcharges, or any other costs levied, assessed or imposed by, or at the direction of, or result- ing from statutes or regulations, or interpretations thereof, promulga- ted by any governmental authority in connection with the use or occu- pancy of the Premises or the parking facilities serving the Premises. 7.B. Upon commencement of rental Landlord shall submit to Tenant a statement of the anticipated monthly Adjustments for the period between such commencement and the following January and Tenant shall pay these Adjustments on a monthly basis concurrently with the payment of the Rent. Tenant shall continue to make said monthly payments until noti- fied by Landlord of a change thereof. By March 1st of each year Land- lord shall endeavor to give Tenant a statement showing the Total Adjust- ments for Larson Shipyard for the prior calendar year and Tenant's al- locable share thereof, prorated from the commencement of rental. In the event the total of the monthly payments which Tenant has made for the prior calendar year be less than the Tenant's actual share of such Ad- justments then Tenant shall pay the difference in a lump sum within ten days after receipt of such statement from Landlord and shall concurrent- ly pay the difference in monthly payments made in the then calendar year and the amount of monthly payments which are then calculated as monthly Adjustments based on the prior year's experience, or Landlord, at Land- lord's option, may prorate the lump sum due from Tenant over the follow- ing six (6) months payments. 7.C. Any over -payment by Tenant shall be credited towards the monthly Adjustments over the next 12 month period. The actual Adjustments for the prior year shall be used for purposes of calculating the anticipated monthly Adjustments for the then current year with actual determination of such Adjustments after each calendar year as above provided; excepting that in any year in which resurfacing is contemplated Landlord shall be permitted to include the anticipated cost of same as part of the estimated monthly Adjustments. If the term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's share of said Adjustments for the year in which this Lease terminated, Tenant shall immediately pay any increase due over the estimated Adjustments previously paid and, conversely, any overpayment made shall be immediately rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein provided. 8. USES PROHIBITED. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or any other insurance upon the Building or any of its contents, or cause a cancellation of any insur- ance policy covering said Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights, make noise, or disturb the quiet enjoyment of other tenants or occupants of the Building or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful of objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. It is understood that Tenant has determined that it will lawfully be permitted to operate a business as described in section 3, "USE", prior to Tenant's signing of this Lease. 9. COMPLIANCE WITH LAW. Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way con- flict with any law, statute, ordinance or governmental rule or regula- tion now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, be responsible for obtaining its own use and/or business operating permits, and promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condi- Page 3 of 13 Pages LSL/a:DENNIS Tenant's Initials. _A� / A.-? --- Landlord's Initials . tion, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant. Tenant shall be solely responsible for obtain- ing any permits required by its use and occupancy. 10. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any alternations, additions or improvements to or of the Premises or any part thereof without first obtaining the written consent of Land- lord and any alterations, additions or improvements to or of said Prem- ises including but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and ex- pense. Upon the expiration or sooner termination of the term thereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the premises caused by such removal. 11. REPAIRS. 11.A. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, the maintenance, replacement and repair of any storefronts, doors, window easements, glazing, plumbing, pipes, electrical wiring and conduits, plus and repairs, or maintenance, or replacement needed or any furniture, fixtures or equipment owned by Landlord but left on the leased Premises for use by Tenant. Premises are to be considered as unfurnished, and Landlord may reclaim its own furniture from the prem- ises at any time. Tenant shall, upon the expiration or sooner termina- tion of this Lease hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 11.B. Notwithstanding the provisions of Article ll.a. hereinabove, Landlord shall repair and maintain the structural portions of the Build- ing, including the exterior walls and roof, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such re- pairs or maintenance is given to Landlord by Tenant. Except as provided in Article 25 hereof, there shall be no abatement of rent and no liabil- ity of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improve- ments in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordi- nance now or hereafter in effect. 12. LIENS. Tenant shall keep the Premises and the Property in which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf Page 4 of 13 Pages LSL/a:DENNIS Tenant's Initials Al Landlord's Initials M of Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of any improvements, additions, or alterations in the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure com- pletion of work. 13. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Land- lord, which consent shall not be unreasonable withheld. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. In the event that Landlord shall consent to sublease or assignment hereunder, Tenant shall pay Landlord reasonable fees, not to exceed Two Hundred and No/100 ($200.00) Dollars, incurred in connection with the processing of document necessary to'giving of such consent. 14. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Ten- ant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant, as a material part of the considera- tion to Landlord, hereby assumes all risk -of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in res- pect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unlesscaused by or due to the negligence of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises. 15. SUBROGATION. Tenant hereby waives its right of recovery against Landlord for any loss insured by fire, extended coverage and other pro- perty insurance policies. Tenant shall apply to its insurer to obtain said waiver, and shall obtain any special endorsements, if required by its insurer, to evidence compliance with the aforementioned waiver. 16. LIABILITY INSURANCE. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring the Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $300,000.00 for injury or death of one Page 5 of 13 Pages I LSL/a:DENNIS Tenant's Initials Landlord's Initials f% person in any one accident or occurrence and in the amount of not less than $1, 000, 000.00 for injury or death of more than one person in any one accident or occurrence. Such insurance shall further insure Land- lord and Tenant against liability for property damageof at least $50,000.00. The limit of any such insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that said insurance shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. Insurance required hereunder shall be in companies rated AAA or bet- ter in "Best's Insurance Guide". Tenant shall deliver to Landlord, prior to right of entry, copies of policies of liability insurance re- quired herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord. No policy shall be cancellable or subject to reduction of coverage. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. 17. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and util- ities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises. Tenant shall also be responsible for its own telephone bills, and the hook-up and maintenance of its telephones. 18. PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of the Tenant's leasehold im- provements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. 19. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or occupants. 20. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the term hereof with the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in the amount of the last Monthly Minimum Rent, plus all other charges payable hereunder, and upon all the terms hereof applicable to a month to month tenancy. 21. ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times have, the right to enter the Premises in inspect the same, to submit said Premises to prospective purchasers or tenants, to post no- tices of non -responsibility, to repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reason- ably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonable blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonable. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the afore- said purposes, Landlord shall at all times have and retain a key with Page 6 of 13 Pages cl-\ �W LSL/a:DENNIS Tenant's Initials Landlord's Initials which to unlock all of the doors in, upon and about the Premises, exclu- ding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. 22. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. a. The vacating or abandonment of the Premises by Tenant. b. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant. C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of the Lease to be observed or performed by the Tenant, other than described in Article 22.b.; above, where such failure shall continue for a period of thirty (30) days after written notice hereof by Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonable required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. d. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy [unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days]; or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged in thirty (30) days. 23. REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in his sole discretion, with or without notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: a. Terminate Tenant's right to possession of the Premises by any lawful means, in which case Tenant shall immediately surrender posses- sion of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises; expenses of .reletting, including necessary renovation and alteration of the Premises; reasonable attor- ney's fees; the worth of the unpaid rent and adjustments from date of termination to either the end of the lease term, or the date of com- mencement of rent from new tenant in Premises, whichever occurs first; and that portion of any leasing commission paid by Landlord and appli- cable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the maximum legal rate; or b. Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent and any other charges and Adjustments as may become due hereunder; or Page 7 of 13 Pages LSL/a:DENNIS Tenant's Initials Landlord's Initials G/ C. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State in which the Premises are located. 24. DEFAULT BY LANDLORD. Landlord shall not be in default unless Land- lord fails to perform obligations required of Landlord within a reason- able time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance than Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease or to with- hold or offset rents as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction. 25. RECONSTRUCTION. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than ten (10%) percent or more of the full replacement cost then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as hereinabove in this Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the ex- tent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Article, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Article occurs during the last twenty-four (24) months of the term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. 26. PARKING AND COMMON AREAS. An area approximately equal to the com- mon and parking areas as shown on the attached Exhibit "A" shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundar- ies and locations of such parking area or areas, and/or to restrict the parking based upon the same ratio of parking that the square footage of Tenant's premises bears to 85% of the total building square footage in the Larson's Shipyard area. Tenant at no time shall use the parking area as a vehicle storage area; vehicles shall not be left overnight, or left in the parking, day or night, unless the owner of the vehicle is on premises. a. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automo- bile parking and common areas shall be charged and prorated in the Page 8 of 13 Pages LSL/a:DENNIS Tenant's Initials Landlord's Initials �e manner as set forth in Article 7 above. b. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub -tenants, shall have the non- exclusive right in common with Landlord and other present and future tenants and their agents, employees, customers, licensees and sub- tenants, to use said common and parking areas during the entire term of this Lease, or any extension hereof, for ingress and egress and automobile parking, although such parking rights may be restricted per item 26.a. above. C. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for park- ing as the Landlord may adopt from time to time for the orderly'and pro- per operation of said common and parking areas. Such rules may include but shall not be limited to the following: (1) The restricting of em- ployee parking to a limited, designated area or areas; and (3) The regu- lation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sale cost and expense of Tenant. 27. SIGNS. The Tenant may affix and maintain upon the glass panes and supports of the show windows and within twelve (12) inches of any window and upon the exterior walls of the Premises only such signs, advertising placards, names, insignia, trademarks and descriptive material as shall have first received the written approval of the Landlord as to type, size, color, location, copy nature and display qualities. Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to roof. Signs shall be in accordance with sign criteria in Exhi- bit "B" of this Lease. 28. DISPLAYS. The Tenant may not display or sell merchandise to be stored or to remain outside the defined exterior walls and permanent doorways of the Premises. Tenant further agrees not to install 'any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phono- graphs or radio broadcasts. 29. AUCTIONS. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other insolvency proceeding. 30. GENERAL PROVISIONS. a. Plats and Riders. Clauses, plats, riders and addendums, if any, affixed to this Lease are a part hereof. b. Waiver. The waiver by Landlord of any term covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be 'deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such rent. C. Joint Obligation. If there be more than one Tenant the obliga- tions hereunder imposed shall be joint and several. d. Marginal Headings. The marginal headings and article titles to the articles of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part hereof. e. Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. f. Successors and Assigns. The covenants and conditions herein con- tained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the Page 9 of 13 Pages LSL/a:DENNIS Tenant's Initials U 4 _�Aw Landlord's Initials in parties hereto. g. Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord. h. Quiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease, and shall provide quiet enjoyment to all other tenants. i. Late Charges. Tenant hereby acknowledges that the late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be received by landlord or Landlord's designee within ten (10) days after that said amount is past due, then Tenant shall pay to Landlord's late charge equal to Fifty ($50.00) Dollars, plus any attorney's fees incurred by Landlord by rea- son of Tenant's failure to pay rent and/or other charges when due here- under. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by the Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. j. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. k. Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. 1. Partial Invalidity. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. M. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. n. Choice of Law. This Lease shall be governed by the laws of the State of California. o. Attorney's Fees. In the event of any action or proceeding brought by either party against the other under this Lease the prevail- ing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys' fees. In addi- tion, should it be necessary for Landlord to employ legal counsel to enforce any of the provisions herein contained, Tenant agrees to pay all attorneys' fees and court costs reasonable incurred. p. Sale of Premises by Landlord. In the event of any sale of the Page 10 of 13 Pages LSL/a:DENNIS Tenant's Initials &��L.4 A Landlord's Initia s_ Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obliga- tions contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such pur- chaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. q. Subordination Attornment. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any mortgage or deed of trust, to any bank, insurance company or other lend- ing institution, now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such pur- chaser as the Landlord under this Lease. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. r. Notices. All notices and demands which may or are to be required or permitted to be given by either party on the other hereunder shall be in writing. All notices and demands by the Landlord to the Tenant shall be sent by United States Mail, postage prepaid, addressed to the Tenant at the Premises, and to the address hereinbelow, or to such other place as Tenant may from time to time designate in a notice to Landlord. All notices and demands by the Tenant to the Landlord shall be sent by United State Mail, postage prepaid, addressed to the Landlord at the address set forth herein, and to such other person or place as the Landlord may from time to time designate in a notice to the Tenant. To Landlord at: 2717 West Coast Highway, Newport Beach, CA 92663 To Tenant at:2729 West Coast Highway, Newport Beach CA 92663 and/or 2200 Holiday Road, Newport Beach, CA 92660. S. Estoppel Certificate. Within ten (10) days after request there- for by Landlord, or in the event of any sale, assignment, hypothecation or other transfer of the premises by Landlord, an estoppel certificate and/or financial statement shall be requested of Tenant. Tenant agrees to deliver such estoppel certificate (in recordable form) and/or finan- cial statement addressed to Landlord, purchaser or mortgagee, certify- ing the information requested, including, but not limited to, the commencement date of this Lease, term, termination date, options to extend or renew, rent, percentage rent, security or other deposits, liability for percentage reimbursement for taxes, insurance, parking and common areas, and that there are no known differences, offsets or defaults of Landlord or Tenant, or noting such differences, offsets or defaults that exist. Tenant shall sign said certificate under penalty of perjury and Tenant shall be liable for any loss or liability resulting from any incorrect information certified, and such mortgagee or purchaser shall have the right to rely on such estoppel certificate and financial statement. t. Authority of Tenant. If Tenant is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the by laws of said corporation, and that this Lease is binding upon said corporation. Signatories for a corporate Tenant shall be individually liable for performance of the terms and conditions of this Lease until Landlord, in writing, has approved the financial statements of the corporation. Those executing a separate guarantee page shall remain Page 11 of 13 Pages 1;�A ol LSL/a:DENNIS Tenant's Initials Landlord's Initials l/� bound by the terms of that guarantee, in any event. U. Brokers. Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease; no real estate broker or agent is entitled to a commission in connection with this Lease. 31. OPTION. If Tenant is not in default at the end of the original five L 51 year Lease, then Tenant at Tenant's option may extend this Lease for one (1) additional five (5) year period as follows: Four (4) months prior to the termination of the original term, Tenant must notify Landlord in writing of Tenant's desire to exercise this option. Land- lord will then have thirty (30) days to notify Tenant in writing the terms of the Lease during this option period. Tenant will then have thirty (30) days to notify Landlord in writing that it is accepting these terms that it will be vacating the Premises. 32. RIGHT TO LEASE SLIP. Tenant shall have the right during the term of Tenant's lease and any extension thereof to lease boat slips from Landlord on the following terms and conditions: 32.A. Landlord shall provide lease slip spaces, F, G, H and I as indicated on attached Exhibit "D", to Tenant, which slips were designed to accommodate approximately 140 lineal feet of boat space (for two rows of boats). 32.B. Landlord shall provide slip space C per Exhibit "D" to Tenant, which was designed to accommodate a vessel with a maximum length of 55 feet. 32.C. Rental for slip space shall be $13.50 per lineal foot times the maximum allowable feet for the lease space, (140 lineal feet for slips F, G, H and I and 55 lineal feet for slip C) which rental shall increase with the Consumer Price Index on September 1, 1993, and each year thereafter. 32.D. In the event that Tenant ceases to be a Tenant in the office space, Landlord may cancel Tenant's lease/license on all boat slips upon giving Tenant a written 30-day notice to release possession of the slips. 32.E. Tenant has the option only at the beginning of this Lease, to rent either the group of slips F, G, H, I, or slip C, or all of them together, although Tenant cannot choose to lease only part of the space in group F, G, H and I --Tenant can lease F, G, H and I only as one all- inclusive unit. 32.F. In the event that Tenant chooses not to the group of slips F, G, H and I and/or slip C, at the beginning of this Lease or anytime thereafter, Tenant understands that Landlord would then rent these slip spaces to another slip renter, and these spaces would be available thereafter only at Landlord's option. 32.G. In addition to other remedies available in the Lease, Landlord shall have the option to cancel the license/rental agreement on the slip space portion of the Lease if either slip or office rental become more than thirty (30) days past due on this Lease during the term or extension of this Lease. 32.H. Tenant shall abide by the License Agreement and the Rules and Regulations of The Bertha -Robinson Marina, which documents are attached hereto as Exhibit "D". 33. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat charter during normal week -day work hours shall not park in the Larson Shipyard parking area. Normal work hours are to be 9:00 a.m. to 5:00 p.m. Monday through Friday. Tenant to have control and access of all parking after 5:00 p.m. Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time. It shall be Tenant's responsibility to obtain all necessary permits for any and all Page 12 of 13 Pages LSL/a:DENNIS Tenant's Initials Landlord's Initials ,� 13 charter operations. LANDLORD: TENANT: THE BERTHA-ROBINSON PARTNERSHIP, a California General Partnership r ' / to Edward B. Robi so a ner te Da ( ) Dennis Holland (Date) by ������ ��,.Iell -Z�'-4Z Albert F. Bertha, Partner (Date) by: Brian A. Bertha, Par ner ( Date) 187011111 MINE L ILI 1101"mum llvf"�� OR md (Date) Page 13 of 13 Pages LSL/a:DENNIS Tenant's Initials, Landlord's Initial /L� n7 Y CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT _PARKS & RECREATION X POLICE DEPARTMENT X MARINE SAFETY GRADING Date: August 1& 1992 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Cano's Restaurant ,, FOR: Use Permit No. 3293 (Amended) DESCRIPTION: 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 live entertainment so as to allow a five a piece combo, whereas the existing use permit limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. LOCATION: 2241 West Coast Highway REPORT REQUESTED BY: August 26, 1992 COMMISSION REVIEW: September 10, 1992 COMMENTS: .��,�i.✓.��.._ Date: CITY OF NEWPORT BEACH Marine Department August 28, 1992 TO: PLANNING DEPARTMENT FROM: Marine Department SUBJECT: Use Permit 3293 (Amended) Cano's Restaurant The marina in front of Cano's Resaurant also extends to in front of Ardell Marina, the adjoining property. It is not clear to the Marine Department at this time that all the parking required for the marinas bayward of both properties is provided for at Ardells or if it is also provided at Cano's Restaurant property. The applicant should indicate the numbers of slips and side ties available at both marinas and indicate to Staff where the provided parking is on both properties, relative to Section 17.A. of the Harbor Permit Policies, which states that commercially operated boat docks should provide 3/4 parking space for each slip per 25 feet of available side tie. i CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT _PARKS & RECREATION X POLICE DEPARTMENT X MARINE SAFETY GRADING 7�4 Date: August 18. 1992. PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Newport Bay Group, Ltd. FOR: Site Plan Review No. 41 (Amended) DESCRIPTION: 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 Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment includes a request to delete Condition No. 29 of said application, which requires Planning Commission approval of any boat chartering operations from the subject property. Should the Planning Commission not wish to delete Condition No. 29, the applicant requests the approval of the continued operation of a boat charter business from the subject property in accordance with said condition. LOCATION: 2429-2507 West Coast Highway REPORT REQUESTED BY: August 26, 1992 COMMISSION REVIEW: September 10, 1992 COMMENTS: CITY OF NEWPORT BEACH Marine Department August 28, 1992 TO: PLANNING DEPARTMENT FROM: Marine Department SUBJECT: SITE PLAN REVIEW NO. 41, Newport Bay Group, Ltd. (Amended) s Comments from Marine Department The Marine Department would request that the following conditions be added to the proposed amendment: 1. That all charters from this site be done by advanced reservations for group charters and that individual walk on charters will not be allowed from the site. The primary reason for this restriction is that individual walk on charterers are very difficult to control as far as parking for the site and it would be impossible to verify if the charter operation is meeting its charter requirements. 2. That the applicant verify what parking is available on site for the charter operation as regards weekly operations during the working day and weekly operations after business hours and show what parking spaces are available for the charter operation on weekends. This would provide a framework to determine exactly what passenger capacity can be accomodated at the site, depending on days of the week and hours of the day. 88/06/19.92 15:24 FRO11 213 831 0421 lu itiiu��i uu i IIN1� NNLLi11�ad1 5145 Avenides Encinas, Suite G Carlsbad, California 92008 j 1: i 61 N F E R 1 N G phone: (619) 431-8575 Fax (619) 431.1368 - y d, as.■. .. ......... ....., . .. € AUgUst 41 1992 Hull and Cargo Surveyors, Inc. 8,91 N. Gaffey St.' Suite 244 :"� 4;` Ian MlSan ,.Pedro, Ca 90731 Attl Ernest L. Grosskopf, Marine Supervis° . a 4 , ws , Subject: STRUCTURAL INSPECTIbN AND EVALUA'i`ZON MARINE ";WAYS AT BUTS MOON BOAT YARD 2703 W . PACIFIC CQAST' F1TVY : NEWP4RT SEACH , CA v a rig "erl , '`'4 a4dfl As requested an underwater inspection wasp er brined at the subject t r situ on , July 18, ,I99z.,:`'' The inspection was '•visual by diver Dick :e ?3,;Anderson.{� Don Hellmers was present at the site to direct the h i;nspecti .,f , Ck"ry r'The inspection included , observing, locating.::anc� dimensioning the existing rails, supporting members and the mud bottom. The mud bottom, particularly, beneath the east rail, 'shows. evidence of w s M • r ; ` ar�� Ryp� having .been scoured, resulting in a on .',of. non support for the timber which In turn supports the east rail. The gap between Sri F SAyJ �1hW .bottom of the 12x12';timber and the `eXist�..Zxg mud bottom varies :the' maximum `�be'14g ' 2'-$". The length ,of non support is approximately 24 feet with°about 4 feet of: this being in an area where the existing concrete slab is undermined." There is also an � area of scour beneath the supporting 12x12 til at the west rail. r,location is from 'the edge of the concrete slab and ;extends roximately 16 feet southerly. At this location there. exists a ,x12 mber•.and the existln mud bottom. between the boat tom. _ PP Y g bottom of the 12 <<F � . ches . a of a roxXma a in „gi wad ' � � , . • !apparent that the procedure of placing concrete blocks under yeast rail was > attempted without satisfactory results. The ka existing concrete blocks are not positioned to adequately support . :, east rail: It is the opinion of thZs office that placing , �NIP,, * oancrete blocks without'; damaging existing members and achieving the Y adequately support the ' 1.2'x12 east rail timber ccurac required.to k would be extremely difficult. �4;Regarding the four concrete knocks as shown,..iz 'plan:. on the drawing, W1.ane are presently situated as to support, •the ' 12x12 timber under x'r Pwa&h d7i Sn�s"xl", ' , .. , the'east rail. The four knocks are trapezoidal in section with a w hx`3,! bottom. Concrete block,No. '1 is positioned transversely beneath b� a 9ry ,x,'n,the,•• east" rail � This ':b�.ock' is tilted and 'rata.ted with only one corner contacting the bottom of the;12x12 tifiber. Concrete block No. 2 is located longitudinally. underathe east rail and is tilted . i with the south and of the block having a 6".gap.betweeri the top of 'the block and the bottom of the 12x12 timber,and the north end of the block having a similar gap of one inch. Concrete block No. 3 is located longitudinally under the east rail and is tilted with ` the south end of the block having a 1011.gap between the top of the block and the bottom of,the 12x12 and the north end of the block having a similar gap of 3TM, Concrete block. No. 4 is positioned between the two rails and;is under neither 12x12 timber. Two �ac�dxton4'1 3 Fx4'x5� long trapezoidal shapedconcrete blocks were d 'resting on mud bQttc�mY ' Boaterl of the east rail. oun of the existing 2" steel channels which '.is located between the raiIsis 'damaged and should be replaced or repaired. Refer to attached dwg. No. 1 for location.. A few- a e rod nuts were found to be�loose and should be .tightened, g g. �f $' f, A 4orizoital gap of-7/8!' was found at a crane rail butt splice at Y the east rail approximately Sr north of the, concrete slab. At Islocation where the north side rail is smaller than the south d, a F+' , probably 6o lb. and go lb, rail respectively, the to of rail robabl 4 r p, • , Wig r t90, 3b. rail s. 1/2 higher than the top..of the 60 lb rail The west rail butt splice opposite this 100ation showed a I/4" 5,-'1orizontal gap between rails. Approximately 2f south of the edge 6f;the concrete slab there is a butt splice in the supporting 12x12 r} imbers below the rails. i ° FThe existing 12x12 timbersi,supporting the east- :and west .rails show 10 to 15$ deterioration from marine borer ,attack. The existing bx12 cross timber located between the two 12x3�2 timbers is 75* ' s+",'deteriorated. Replacing these timbers as well: as corroded steel f °members should be considered when evaluating the life expectancy of ;thy. f acuity. ur �fhe recommendation of this. office is to place a- rock section using Quarry Run rock to fall the existing void. The specification for Run rock is attached to this report. The east rail requires ,� Ca sing and should be � ad ua ad so that it is the same elevation as {''kh west ra iI . Refer to page 2 'of the attached drawings At the on where where the catioexisting concrete slab is undermined it is t' ecommended to pump concrete into'the void between the slab and the bottom. The six existing concrete bloc3cs should be removed ;rfor to any repair work i r it' i the typical supporting system for marine was ' y Y. is piliMgs, acts al wand o oat ffectiveasolutonfar the' in our opinion, a recommended is. the -existing situation G Ix 4w yOlv have any questions, please call . our office at your l 4m"enience. .. x , n,� LMERS ENGINEERING 01 ✓ f i�c fn f'L .gyp ,wDanHellmPersC 7Gf=t y w l SPECIF AT,�ON QUARRY RUN ROCK OUAL12Y AND'''GRADATION OF OU Y R ROCK hkl ^4. run shall be quarried, rock (not river run) .��' run shall consist of rock from a quarry taken in areas where erburden has been removed prior to blasting. load of quarry run shall have uniform'grading from fine to particles to achie a the angle of: repose shown on the run ' shall have a maximum of 20 percent by weight of f Ines a No. 4 sieve in any one load. Deliveries' of quarry, run ` ;ontaininq over 20 percent fines (material passing a No. 4 shall not be'incorporated into the work. ,ximum'size of individual pieces of.'rock.•shall not -exceed � .run rock shall, be processed, and' graded to conform to the ` inq requirements: Size Percent Passing ng 1Z" 100 9n 7.0 to 100. 611 50 to. 70 411 .; 40 . to 60 Z1- to 35 . 4 Sieve 0: to 10 •�JFy �ypy' ///f�(� ,,p/,.n yr o rrMMM11��/J}r� ,4yew A.,'.y+' i11fJ�11�/'M ZO II�gNWWN1M JI?Ott Nrraf* 1 :ram 1p- ,.m\f�4,f a-27 u L X�✓% �OTTl�,lll ✓ Li. -3/ Wi' i (w' I F 1 T °p" +' " ` �� .,*,f Aprr, y vrod'� N ye s-,Poorr 6 * i CAL lr'aitiletA ; Arrrw SL GTIOh1`-,4 A Sep!!>h�5,rq.'1 trr� r�,r,enr7,vt1 `rr► %r0 rx,ro,�+_��.,rtr�r� .+r,rrrr, y ht�/ow Afr on tol,uL+p Lowy ► dlj0p"r. �','xx,�•tr�rr rr�,t�r,� �tr li+�r; nn�►rc+uxr�nCr,r,►f� e'k7 �Mrrv! f�crrl�i�� /.,%��•y art- 00.1lob/r'ghod (A9 I,A;I at"clav 0irMewdpwrx CAL Yp�C7 /UO.OS Lj t i — ' ,vL---w- �,��� �Aart �,....,,.�G�r/-1�4 -e�o�IN.sc�/v Pia.�T/�✓��;��-l/P :�, �� 27D/ Z7n.3 ST 0 GIs q v I To.& wowmt &A" a wuso•a cw "GIG • Niw .31.wrs CITY OF NeMOFrr BEACFI HARBOR PERMIT PERMISSION 0 H>ERESY ARAM® 'M C0 M M W AM MAINTAIN THE FACILM 6W0WN ON THE Q!Y!A♦ 1 AT THE SITE WMDICATED, SUUICT 1O 7W pRDM= OF ' THE HARBOR PERWT POLICIES OF IIWPORi MACH AND ANY SPECIAL C0WiTHM LISTED HEREON, UM F�f IS NOT TRANSFERABLE WITHOUT7NE WlMM00NIN OF THE CITY HARBOR COORDINATOR OR WY COUNCL IN RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE OW AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCL IN ACCORDANCE WITH 1T 8F'THE'Iv1U1MClil. OOOL I , CITY H)(R80A COORDINATOR ;,. T NO. DATE •Page 2 �. X\V p �_. - z2 iJ -24 I) II ij II o c ��1 7 ��1 MAf L-'Xlsr �OrT�M u u-29 u. 31 1li 'IfUITY RETC1-i ".,►.,.rnr s ��. �irsr N,rwl+aRr ri A ,e, SAL IRa1IN1�N�K�.M ....e......- SL J L�(ll1 Q��i1 1 tire M.roo'll f7 /'ti !r1 %Rfl on?, c%►!�'Cld� 1, vbelpw Afcon CowlRr (A,v Wo0,/rr. Afort—vi" ronfo.- of li.�!. onproxlm"14jr /0 4-o ! Horhiir Orr �,Idb/r911sd r++ ihi� ,:�ecr•�o/r arfti'ew�orl� vr. C/-iL YPs�� S/�/G/rt/G CGU� /oo, os ' f I v, s. Z 1A1 L- xls7 , L X/ST/N,'r- DOG/ 2� Imo` L-- I I I / 30' C1 I ��INGLkS T*, cr _,_,.,......., Page 2 Ii i li u-Z7 sl CT1011 / -A -,;— /�i-S01 SUS/ Y /;L Ll c/,M m / "-30 U NAIL /NG / � � • * �"° 1--�� '• � '+• ••Mwpoof \ to v(Z e� 1 i T1� 3 .•d �, Q 1- *as fW4,t ii I� � N u r -r r� w.esi htrty 9 r, f�� ��rrr NrtivPaRr' 6 A Y, CAl IRQ!!N!A .iQllrsQ'.rr�j3 Qrl ••��r� 1�71'tl �r'I !arr Qna' cy°sRcr�4° 11, y b elCt w Af Con L n wd ~ L n •r WC'eirr. Af'-yMVA14* rong.- al !;e% gn`rcfltr,*n1{.'r' /0 -I-e ! 111orhor Orr i++ +Ai1 . IeClloof fWACw,1611 ,EVIL Dl/-,JG /00. os DOCK' CAZ- YF � SI�iGING CGU� i I 1 1 L_� r-- Acr" W 9 •i• _ —_ •T'/•? y.T.',�,,F y',If .'•'-•�" _y'�.•�t, S .r'�, A•V'.. L'.1. �.{:f.{(••Y �::—. A.,t +a ••6 ►•`.N�: :J. `}c .�•:•�'.'. "-�1_-..�.i,.,� .�'+� _�. 1yi,r. .. � .J tw-�•.'�^-9li•:,:;.2"a—J(:.ti�'�•-�'i•�:tf.J`�: A�,.r.�. — S`..: ,1.1 � ..,��+� ].•A�•,y�.l: �s'•f�: � �_^ _'?�"' �. . ,•: �OPiI�OC ;.... •a s,PVl.tbl�g 1tw �,.M1 _ wJ _l �•xr �?.(.•��r•^ •.«.�..•• -•i' ��4_: .f; � .� �•'. " f Rye• . J �`)�R�'i� .'; •:� ,��;.{ t "� f-•` .�. �.') ' r• � ^,•r,:+... ' •Y:''t ,. ��. �'•.� •1 � ... � i. �- �. �,1 � x-: tit '� A : • "• l , I,,;,,-,":..'.L��Yf z. •f_ R t f—J - w A J . �- A -4: T..t.^�. x�Ar T / /;�±�• 3rG„ 71/7 T�. t._.�.tF:' �..�.:.�..;.r��..l_lix..t_t_u1.�J.;..• _ r_. .� ITrz�`��� �r�?'�'� :� 51 ']I3 @ 3" fia]^nce 6.4( 1•l-3.5SNnAL WIRE SPACING 2" � ` &cM . 200 Jet tube (12) - 1/'2" W-2. Strend -f • CL�i !'I � i`� TYT LEppc-6 splices All spj.ral :.hal). be Jcl.,x�cd --- 60 wire diaine•ters minimum. Spiral: pile rel.nfiorcc)rIents at splices an6 at ends sball be terminated by a 135' hook '-,Atli 6" tail hoofed around a 1o)igjt.ud:inal bar or :strand, �t 0cfiriaon LV T (: ) r- ? i a;1) hh`c QTY LENGTH l U;!* ----- ---- -__ Coirnrierc3al ' CUNCRU E: M)): ------------- c�1 - 81163--5 i'c=r0.0()r"rj f'c=14 OOOp; I '��R],KI►-__-- ---- _ I/2'° c �.. 270K L O-I AX *fixT t---------------------- M711 A-P2 V3. 5 t�> ci r 1),��-- _-__ -_-_- �z x .153 -' 1- 8 U, S o . 1h. MILU PEO?CE PEr, S7R^.,N� -- 2, 500 FP;r:El;.75 (270) - 3OR loss x 171 F f �JljtA LEI -----_ 316 7/'� - 1182 Eff. . Tre s,.trc------------ 91 Z•l�tl'tt,, \'tA 1',"tRSD):1'1)TT�bh TJ1� SJ.t:1L'1:, C,� f1:1-N )1TR41". �•)!►:C�l'117 • lfi� d7•-1 J'— _ -------------- 'ti CITY OF NEWPOW RAW HARBOR PERMIT PERMISSION 6 IERNIf QRW= TO =WWWAIO MAINTAIN THE FACILM *TOWN ON THE AT THE SITE INDIC01TED. SUBJW TO TIME FIIOIIMIN THE HARBOR PERMIT POLMS OF NWM W= An ANY SPECIAL CONDITIONS LN= NEMM go IBM IS NOT TRANSFERABLE VWTHOUIrIN VAU MOON THE CITY HARBOR COORDINATOR OR COY COUNCIL. TINE RIGHTS GIVEN UNDER THIS PERM ARE PERMISSIVE OW AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNM IN ACCORDANCE WITH 17'er"t, . cm r"119 CITY HARBOR COORDINAM NO, DATE ...... V.6 / j4 y- ol., 7 03 r cpnonit_nor cmbic . J. �-____�_- _ • Ur�o ®i at 28 da ►-� f + ;r.- -. _A— dam, Q` 0-pQl- ckt _trangf ar 1 +etl aar_;ird_dfir�d. Co TOTAL psi �---- 12-3/g" - , 2��-.+- Cox. to in _ _ rr 2 %c' f cn).t^ ,forco_fir strand_—:2.�,JLIAi_l.t,e t TQ_W warking.Farce • fin' 450 . -•��. � HARBOR PRECAST COMPANY to- u. L�NG DFAQ-1. CALIFORNIA FRESTRESSEQ CONCRETE PILES 12" SQUARE b;aAWN CH[CNEU Ate►AOvEU - D E 11 c in i p T 0 N .. _.-.. _. __.. UAv[ 4C -- Alt D1Nr No, Y � v _gGow eoch //7�lJ' � oo N,t all fox r�CL �Recv lJcA4p 1� �AMIOv {Y D. 7J— a. VsCdMOTY SkETCH Isrrr�y��q,� N�wvoRT 5Ay CAL WORNIA a Jerry y Ao a Soundings Orr VAjQeCssed rn f,,.l °and dmnole depths below A-Ieo.7 Loever Low Muter. JtiloxJ.s.cis, @ rouge of lioc gpprvK��ae®ler/y /O I •at Harbor /.nes r lc- /• j`s�/� tore eayvb%.`ghe- OrAlo voorf f30'r iv g I f 4 n CaJV7,gA CITY OF NEWPORT BEACH HARBOR PERMIT PERiNISSION IS HEREBY GRANTED TO CONSTRUCT ANt MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF; AT THE SITE INDICATED, SUBJE"T TO THE PROVISIONS c� THE HARBOR PEVZZUT POUCiES OF NEWPORT REACH A:C. ANY SPECIAL COND37tONS LUSTC-D N;:�REON. THPS PZRV.,- IS NOT TRANSEFERABL'I INP7EOuT 6,4r;;3TTEfj',, Wq3cp", THE CITY HARr:,0,xz OR CITY CVUXCjk- RIGHTS GIVEN UNDEP, "IS FZkMiT ARE AND THIS PERMIT MAY aE REV.0KED BY THE Cl."T'Y cou,14Cl IN ACCORDANCE WITH T'IT* E 17 THE MUNP,"-PAL 000'Z, MY Y, HA R) 90 R 70 SPECIAL CONDMONS: COTS Of Engineers Permit Orange County Pirmit Other PERMIT ISSUED SUBJECT TO DR EDGE MATERIAL BEING AULEDTOSEA-Zda__ -7 H PLACED ON BEACH C / r)-, co. Alz�warr 6,r,4cp PJL PIP AFmL0c-4Tnq /P-,� ,NEW /6"10 Af ot 0 C% ORA -31 41twevotr tV A*,* CAt 10P00% MtA SL�c,r101-17A cupi op'soy it t9po PXvY"-,eletl In roes? *Act ol.-Pole to nowleip Lew Worlrr. .low Aff- �ory it dir /iwe *&,# Nor,60r /,;Jtj .0,9108il,5A&W I'k IIA;j oir Mdw,00,r< Bcr. ROSTY PZ-Z � L / CAI CA Z, YF-5 0 41 /00-03 rr- IVL--W L-J ---------------------- 4 4 rl-r 274V-2703 _CITY of NEWP09T BEACH ---- COUNCIL MEMBERS �O �jj, S ROLL CFILL Motion Ayes Noes Motion All Ayes x XI XI XI XIX IX X May 28, 1991 AzJ�- 7--7 0 -� MINUTES Council Member Hart stated she felt it was incumbent upon the applicant to self -monitor this project, and inasmuch as some of the businesses in Mariners Mile are not doing so well, she felt the Council should give the proposal a try; and therefore, she moved to approve the subject requests, with Findings and Conditions of Approval designated as Exhibit "A," subject to the added Conditions that 1) the off -site parking lot located at Riverside Avenue and Avon Street shall be signed in such a way to identify it as the required parking location for the employees of the two restaurants; and 2) that the Planning Commission review this project as to use and noise six months from this date. Council Member Watt stated she will not support the motion as she felt the nature of the proposal, as well as enforcement, was not in the best interest of the City. X The motion was voted on and carried. 2. Mayor Sansone opened the public hearing regarding WEED ABATEMENT PROGRAM FOR 1991; AND TO CERTIFY THE LIST OF PROPERTIES THAT MAY REQUIRE WEED ABATEMENT AND/OR CLEANING. Recycled report dated May 13, 1991. The City Manager reported that the Fire Department has compiled a list of all lots in the City in need of weed abatement; the property owners have been notified of the work; and that now is the time for those property owners to voice their objections, if any. Mayor Sansone directed the staff to investigate �;a,,�, southwest corner of Goldenrod and Pacific Coast Highway for possible weed abatement. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made :o adopt Resolution No. 91-53 ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalk, parkways and private property within the City. 3. Mayor Sansone opened the public hearing on a request of the City Council to review USE PERMIT NO. 1889, which permitted the construction of 2, two- story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration Volume 45 - Page 158 INDEX U/P 3086(A) U/P 3409 Fire/Weed Abatement (41) Res 91-53 U/P 1889 (88) - CITY OF NEWPORTREACT, ROLL CRLL COUNCIL MEMBERS s'9y1 % S � May 28, 1991 of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site; AND USE PERMIT NO. 3412, being a request of PACIFIC AVAIAN XAR=, INC.., to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The proposal also includes a request to approve an off - site parking agreement so as to allow a portion of the required off-street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). Property located at 2701- 2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariners Mile Specific Plan Area. Report from the Planning Department. The City Manager advised that the Planning Commission on April 18, 1991, approved both of the subject applications. Previously, Use Permit No. 1889 was reviewed at the request of the City Council to determine the compatibility of the shipyard with the charter boat operation, and inadvertently it was found that the property was being used for a wedding chapel/assembly area. As a result, the applicants have now applied for a use permit which is now under consideration. The Planning Commission made the determination that the boat chartering operation is appropriate on -site, and that the provisions under Chapter 5.18 or 17.41 of the Municipal Code are adequate to regulate the boat chartering facility. However, the Commission did suggest some additional Conditions of Approval for Use Permit No. 1889 which are enumerated in the staff report. In addition, as referenced in the April 4, 1991 Planning Commission report, staff had originally recommended the applicant obtain the approval of a formal off -site parking agreement by the City, inasmuch as the off-street parking requirement for the wedding chapel/public assembly use could not be fully satisfied by the available on -site parking spaces. However, since the applicant for Use Permit No. 3412 has reduced the proposed floor area of the wedding chapel/public assembly use from 2,187 sq. ft. to Volume 45 - Page 159 MINUTES INDEX U/P 3412 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �`0 Hof �`S ` Agay 28, 1991 ROLL CALL INDEX Approximately 805 sq. ft., there is adequate on -site parking to provide the required 24 parking spaces after 6:00 p.m., Monday through Friday, and on Saturdays, Sundays and holidays. Therefore, should the City Council desire to approve Use Permit No. 3412, such action would no longer require the approval of an off -site parking agreement. Ted Robinson, applicant, addressed the Council and reviewed some history connected with the subject property. He stated that once the new dock is built, there should not be any conflict. There is also no conflict with respect to parking because the charter operation does not operate the same hours as the shipyard. Council Member Hart commented there is a concern as to what is going to be happening with charter boats throughout the harbor. The City Council has a very special interest in protecting and preserving what it can of the boat yards in the City, and are looking at the feasibility at some point in time of placing an overlay zone on boat yards. The City Council is also concerned about the charter business relative to whether or not the City's ordinances are adequate to regulate such operations. With respect to the subject proposal, she indicated that her objection was the wedding chapel itself. Even though the boat yard will be closed when the wedding chapel is in use, she has reservations as to its compatibility with the boat yard. Roy King, co-owner of Pacific Avalon Marine, addressed the Council in support of the request. He stated that they have been in operation for 3 1/2 years at the present location and have never been involved in a lawsuit resulting from their operation. He stated that prior to going to Waterfront Homes for the one-year lease for off -site parking, the cost was much less, but when it was known that parking was required by the City, Waterfront Homes raised the amount. He stated it is their desire to get the people off the street and into a gathering area prior to a wedding or boarding the vessel. They do not cook in the area; however, food is served that is prearranged or catered. Alcoholic beverages are not served in the gathering area. He also commented that they spend a great deal of time "fighting off" people who want to park in their area because of inadequate on - site parking in the vicinity. The. City Manager commented that the City did permit off -site parking permits in the subject area; however, approximately three years ago, the City no longer issued those permits because it wanted to reserve those parking spaces in the event parking was removed from Pacific Coast Highway should it be widened. Volume 45 - Page 160 U/P 1889 U/P 3412 CITY OF NEWPORT BEACH COUNCIL MEMBERS \ ROLL CALL Motion Motion x x May 28, 1991 At the request of Council, Glen Everroad, Business License Supervisor, explained charter operations in general. He stated there are two levels of regulations for marine charter activities: 1) the Commercial Harbor Activities permit which is issued to fixed -base charter operations under Section 17.41 of the Municipal Code and is administered by the Marine Department; and 2) the Special Events Charter permit which is issued for a charter operation on a charter -by - charter basis, pursuant to Section 5.18 of the Municipal. Code by the License Division. The applicant applying for a permit through the License Division must supply information including the date, time, number of passengers, where those passengers will be boarded, and where those passengers will park. On a case - by -case basis, the License Division determines that there is adequate parking for each charter they permit. In. response to question raised by Council Member Hart regarding the differences between licenses and permits, he stated that licenses are required for all businesses and are a revenue function only. Permits are required for business activities, including charter operations, that the City regulates. With respect to off-street parking for Commercial Harbor permitees, the Marine Department does require continual off- street parking. While Special Event Charter permittees are not required to secure annual off-street parking agreements, some of the Special Event Charter operators permitted by the License Division do secure a year-to- year lease because it facilitates their needs. They are only required to evidence to the City that on the date they intend to conduct a particular charter, they have adequate off-street parking to accommodate the number of guests they have on that charter. Pacific Avalon Marine, Inc., has a City Business License that reflects they have paid a tax to operate a business in the City, and they have secured, on a charter -by -charter basis, a Marine Charter Permit pursuant to Section 5.18 of the Municipal Code. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, motion was made to sustain the decision of the Planning Commission with the modification that the site can be used for public assembly, but not for a wedding chapel. Council Member Cox indicated he did not see the difference between the two uses, and therefore made a substitute motion to sustain the decision of the Planning Commission. Volume 45 - Page 161 MINUTES INDEX U/P 1889 U/P 3412 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s ` May 28, 1991 ROLL CRLL I All Ayes r The City Attorney recommended that an additional condition of approval be added which states that "charter activities shall be conducted in accordance with the provisions of Chapter 5.18 or 17.41 of the Municipal Code, whichever is applicable. The maker of the substitute motion consented to the above, and the motion was voted on and carried. There being no objections, Mayor Sansone directed the Off -Street Parking Committee to review alternativemethods for increasing the City's revenue on all City -owned parking lots. 4. Mayor Sansone opened the public hearing and City Council review regarding MODIFICATION NO. 3810. A request of GIL AND ANITA FERGUSON to permit the as - built construction of a carport which is 7 feet 10 inches wide and 15 feet deep, where the Zoning Code requires a width of 8 feet and a depth of 16 feet, clear inside dimensions, for the third parking space. Property located at 300 Sapphire Avenue, on the northeasterly corner of Sapphire Avenue and Balboa Avenue, on Balboa Island. Report from the Planning Department. The City Clerk reported that after the agenda was printed, a letter was received in favor of the request from Bettie J. Banto, 226 Sapphire Avenue. It was noted that the Planning Commission on April 4, 1991, recommended approval of the subject Modification. It was the determination of a majority of the Commissioners that the size of the as -built parking space was adequate to accommodate a vehicle. The applicant submitted photographs to the Commission which indicated a full-sized automobile parked in the subject parking space. If the requested Modification is approved, staff recommended that the following Condition of Approval be added to Exhibit "A" of the Planning Commission staff report dated April 4, 1991: Condition No. 6 - That the brick floor of the parking space be raised in front of the entry patio in such a manner that only one 8- inch high step is required by the Uniform Building Code. Gil Ferguson, Applicant, 300 Sapphire Avenue, addressed the Council in support of his request and referenced his letter dated May 28, 1991. He reviewed the history connected with his project; stated he has complied with all City regulations and constructed his home exactly as shown on his plans which were submitted to the City and Coastal Commission. He cited the incident which took place the day the curb cut on Volume 45 - Page 162 Modification 3810 (94) CITY OF NEWPORT BEACi- COUNCIL MEMBERS s ROLL CALL May 28, 1991 Balboa Avenue was to be installed and the inspector red -tagged the curb cut because the carport was not the required length. He stated the sidewalk in front of his home has been torn up since November, and had he known the measurements were incorrect for the carport, he would have had the plans changed accordingly. He also expressed concern that the error was not caught before the structure was built, and stated the staff refused to accept any responsibility for the small error which was just as much their fault as his own. In addition, the staff used measurements that did not reflect the true facts. He submitted a photograph of an automobile parked in the carport area on the property; stated he had a petition with over 25 residents in his immediate area who have no.objections to his request; and urged the Council to sustain the decision of the Planning Commission. Dori DuBose, 909 Ruby Avenue, addressed the Council in support of Mr. Ferguson's request. He stated the desire to have three off-street parking spaces has been accomplished; it's a very safe situation; the structure is very beautiful and an asset to the area; and he felt the. City owed Mr. Ferguson approval of his Modification because his intentions were proper. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Watt read into the record the following prepared statement expressing her concerns on this issue: "I am going to make a motion to overrule the decision of the Planning Commission. I have not discussed this with other people; it's a very sensitive issue, and to some degree, a philosophical issue when it comes down to judging an as -built situation. For me, this does not have to do with politics or personalities, but it does have to do with planning, and the policies of the City, particularly on Balboa Island. Owners on Balboa Island come and go, and she has been involved with that Island since 1931. "In working with the staff, Modifications Committee, and Planning Commission, I have to try and be consistent, to try and have some convictions, and to try and have some understanding of what the City policies really mean. In this particular case, the limits with respect to parking were set at a minimum standard in order to protect both the public and private property rights. 'Minimum' has to be viewed according to circumstances, and if the subject space abutted an open walkway, Volume 45 - Page 163 MINUTES Modification 3810 City Council Meeting May 28, 1991 Agenda Item No. D —'.7 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A. Use Permit No. 1889 APPLICANT: LOCATION: Public hearing and City Council review of a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. Edward B. Robinson, Newport Beach z �. B. Use Permit No. 3412 Public hearing and City Council review of a request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on property located in the "recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off-street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). Site of boat repair, boat chartering and wedding chapel: a portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90-173 (Resubdivision No. 926), located behind property located at 2434 West Coast Highway. TO: City Council - 2 ZONE: SP-5 APPLICANT: Pacific Avalon Marne, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach Applications The application for Use Permit No. 1889 involves a request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. The application for Use Permit No. 3412 involves a request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on the same property. Said proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off-street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). In accordance with the provisions of the Mariner's Mile Specific Plan, uses involving public assembly require the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, sustain, modify, or overrule the decision of the Planning Commission. Planning Commission Recommendation At its meeting of April 18, 1991, the Planning Commission voted (6 Ayes, 1 Absent) to recommend the approval of Use Permit No. 1889 (Review) and Use Permit No. 3412. Recent Background On January 14, 1991, the City Council directed the Planning Commission to review Use Permit No. 1889 for the purpose of determining the appropriateness and compatibility of operating a boat charter business on the subject property along with the other uses on the site, including a boat repair facility. As indicated in the excerpt of the Planning Commission minutes dated February 21, 1991 (attached to the Planning Commission staff report dated . April 18, 1991), the Planning Commission discussed the various uses on the site in relation to the boat chartering activities and decided to direct staff to schedule a public hearing on April 4, 1991, for the purpose of reviewing Use Permit No. 1889 and establishing specific TO: City Council 3 conditions which will assist in regulating the boat chartering activities so as not to be detrimental to other uses or properties in the area. Subsequent to the Planning Commission's action, Pacific Avalon Marine, Inc. (the boat charter operator), filed a use permit application for the establishment of a wedding chapel/public assembly use which had previously been conducted from the property without the required approval from the City. On April 4, 1991, Tony Mellum, 'Tidelands Administrator, and Glen Everroad, License Supervisor, reviewed the boat chartering operations on the bay with the Planning Commission. The discussion included when boat chartering operations are conducted in conjunction with Commercial Harbor Activities Permits, issued in accordance with Chapter 17.41 of the Municipal. Code, and by the Business License Office under the provisions of Chapter 5.18 of the Municipal Code. Details of the discussion are included in the attached excerpt of the Planning Commission minutes dated April 4, 1991. Both staff members agreed that the current permit system adequately meets the needs to regulate boat charters on the bay, and that the approval of a use permit for such uses was not necessary. The current boat chartering operation on the subject property was also discussed by the Planning Commission on April 4, 1991 as well as at the continued public hearing on April 18, 1991. A concern had been raised by members of the Tidelands Committee as to the relationship between the subject boat chartering facility and the existing boat yard on -site. However, Larry Morgan, majority owner of said boat repair facility, stated to the Commission on February 21, 1991, that there is no conflict between Pacific Avalon Marine, and the boat yard. He further indicated that the boat yard rarely operates after 5:00 p.m. during the week, and never on weekends. The Planning Commission made the determination that the boat chartering operation is appropriate on -site, and that the provisions under Chapter 5.18 or 17.41 of the Municipal Code are adequate to regulate the boat chartering facility. However,the Commission suggested that the following conditions of approval be added to Use Permit No. 1889: 27. That the docking of boats associated with boat chartering activities originating from the subject property, shall be conducted in a manner so as not to obstruct the free and clear access to the marine ways facility operated in conjunction with the existing boat repair facility. 28. That buses or passenger vans shall not be permitted to load or unload passengers from the West Coast Highway right-of-way, or other public streets or alleys. 29. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the, subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, and including but not limited to provisions for adequate off-street parking. TO: City Council -" 4 The Planning Commission also recommended the approval of Use Permit No. 3412 to permit the establishment of a commercial wedding chapel/public assembly use on the subject property, with the findings and subject to the conditions of approval as indicated in the attached excerpt of the Planning Commission minutes dated April 18, 1991. As mentioned in the attached April 4, 1991 Planning Commission staff report, staff had originally recommended the applicant to obtain the approval of a formal off -site parking agreement by the City inasmuch as the off-street parking requirement for the wedding chapel/public assembly use "could not be fully satisfied by the available on -site parking spaces. However, since the applicant for Use Permit No. 3412 has reduced the proposed floor area of the wedding chapel/public assembly use from 2,187 sq.ft. to 805 ± sq.ft, there is adequate on -site parking to provide the required 24 parking spaces after 6:00 p.m. Monday through Friday, and on Saturdays, Sundays and holidays. Therefore, should the City Council desire to approve Use Permit No. 3412, such action would no longer require the approval of an off -site parking agreement. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By W WILLIAM R. LA K Current Planning Manager WRL:ll Attachments for City Council Only: Planning Commission Staff Report dated April 18, 1991 with attachments (including Planning Commission Staff Report dated April 4, 1991, Excerpt of. Planning Commission Minutes dated February 21, 1991,. and Floor Plan) Excerpts of Planning Commission Minutes dated April 4, 1991 and April 18, 1991 Letter from Pacific Avalon Marine dated April 5, 1991 with attached Floor Plan Plot Plan, Floor Plan, and Elevations COMMISSIONERS April 18, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. APPLICANT: Edward B. Robinson, Newport Beach AND B. Use Permit No 3412 Continued Public Hearing) Request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off- street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). LOCATION: Site of boat repair, boat chartering and wedding chapel: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90-173 (Resubdivision No. 926), located behind property located at 2434 West Coast Highway. ZONE: SP-5 APPLICANT: Pacific Avalon Marine, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach Commissioner Pers6n stated that on the basis that he is an Attorney who has represented sport fishing and excursion vessel -11- April 18, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX businesses, and that there could be a potential conflict of interest, that he would step down from the dais. James Hewicker, Planning Director, stated that the City does not object to boat charter activities out of the subject location, and there is not specific problem with the use permit that is being requested for the general assembly area. He indicated that staff has suggested the following conditions be added to Use Permit No. 1889 if the Planning Commission makes the determination that boat chartering is appropriate on the site and that the provisions under Chapters 5.18 and 17.41 of the Municipal Code are adequate to control said activity: Condition No. 27 would not allow a boat chartering operation that would interfere with the boat yard operation; Condition No. 28 would not allow the loading or unloading of passengers from the West Coast Highway right-of-way, or other public streets or alleys; and Condition No. 29 would give the Planning Commission the ability to bring back the use permit for review or modification of conditions if the operation would be detrimental to the area. Commissioner Glover addressed the number of parking spaces for the wedding chapel, and William Laycock, Current Planning Manager, concurred that 24 parking spaces would be required for the use. The public hearing was opened in connection with this item, and Mr. Edward (Ted) Robinson, applicant, appeared before the Planning Commission. In response to questions posed by Chairman Debay, Mr. Robinson stated that he would concur with Exhibit "A'; on the basis that the tenant would agree with Exhibit "A', and the foregoing conditions. In response to a previous request at the April 4, 1991, Planning Commission meeting, Mr. Robinson explained an exhibit provided by the applicant of the proposed dock area that would be utilized by the shipyard and the charter boat operation. In response to a question posed by Commissioner Edwards with respect to Mr. Robinson's letter dated April 16, 1991, Mr. Robinson explained that the charter boat operation requested a continuance of the subject public hearing for 30 days because the operation believed that the conditions of approval could not be met. Mr. Robinson stated that the conditions would eliminate any boat charter in the bay because the suggested conditions are based -12- April 18, 1991 'COMMISSIONERS MINUTES CITY OF NEWPORT BEACH - INDEX ROLL CALL -,J upon the maximum number of people that could be accommodated daily and the applicant would be required to provide permanent parking spaces for the maximum number of people. In response to a question posed by Chairman Debay, Mr. Laycock explained that if the Planning Commission had a desire to establish limits for the boat charter activity, Findings No. 8 thru 12 and Conditions No: 27 thru 32 as stated in the staff report, should be added to Use Permit No. 1889. He pointed out that Finding No. 12 requires a minimum 3 year lease for the use of the off -site parking area. Mr. Laycock explained that if it is the desire of the Planning Commission to not include the foregoing conditions to Use Permit No. 1889 and add the foregoing Conditions No. 27, 28, and 29 as discussed by Mr. Hewicker, then the three year limit would no longer be in effect and the charter boat service would be processed through the Business License Division. Chairman Debay stated that it was her impression given by previous testimony from the Marine Department and the Business License Division, that the existing Harbor Permit and Use Permit procedures would be sufficient if the Planning Commission added Conditions No. 27, 28, and 29 as previously stated. Mr. Robinson stated that it was his first impression and now a misunderstanding, that Findings No. 8 thru 12 and Conditions No. 27 thru 32 were additional requirements to Use Permit No. 1889. He stated that his concern with respect to Condition No. 12 regarding the 3 year lease was that the lot owner would have total control of the off -site parking area and the charter boat operator would be at the discretion of the lot owner. In response to a question posed by Commissioner Di Sano regarding the suggested foregoing additional Conditions No. 27, 28, and 29 to Exhibit "A", Use Permit No. 1889, Mr. Robinson replied that he would agree to the conditions if said conditions would be agreeable to the boat charter operator. Mr. Hewicker explained said conditions would allow the boat charter operator to work with the Marine Department or the Business License Division, and the operator would not be required to provide a fixed off -site parking lot for any period of time, and the off-loading could be provided by shuttle van or another arrangement that could be made with the Marine Department or the Business License Division. -13- -COMMISSIONERS April 18, 1991 MINUTES q ROLL CALL CITY OF NEWPORT 6EACH :n response to a question posed by Commissioner Di Sano, Mr. Robinson agreed with the findings and conditions in Exhibit "A" Revised), Use Permit No. 3412. Commissioner Glover and Assistant City Attorney Flory discussed the policy of the property owner and the applicant agreeing with the findings and conditions In Exhibit "A' (Revised). Mr. Roy King, applicant, Pacific Avalon Marine, Inc., appeared before the Planning Commission. Chairman Debay reviewed the foregoing suggested additional findings and conditions in the staff report that were submitted for the Planning Commission by staff. Mr. King agreed with suggested Conditions No. 27, 28, and 29, Use Permit No. 1889, and the findings and conditions in Exhibit "A" (Revised), Use Permit No. 3412. Mr. King referred to the findings and conditions that would establish more definable limits for the boat chartering activities on the site that were suggested by staff to be added to Use Permit No. 1889. He objected to Condition No. 27, as stated in the staff report, limiting boat chartering activity to a total passenger load of 225 after 6:00 p.m. Monday through Friday, 204 passengers on Saturday; and 225 passengers on Sunday and holidays, and boat chartering activity shall not be permitted before 6:00 p.m. Monday through Friday. Mr. King indicated that he would prefer to continue to maintain the permit process of the boat charter operation through the Marine Department or the Business License Division. response to questions posed by Commissioner Edwards with pect to providing parking for the charter boat operation, Mr. ig explained that it is difficult to locate a landlord that would se a parking lot for three years. He said that the applicants ;ently obtained and executed a maximum off -site parking lease one year that is renewable on a yearly basis. I. King and Mr. Hewicker discussed Condition No. 27, Use ;rmit No. 1889, regarding the limits of the boat chartering activity. :r. King explained that the applicants provide the Business �cense Division with a paper from a property owner of an offsite irking lot, indicating that the operators have obtained parking )aces for the boat passengers. He further explained that buses are A parked on City streets, and the operators have signed a lease ith a property owner for bus parking. Mr. Hewicker explained tat Condition No. 27, Use Permit No. 1889, indicates the number -14- INDEX COMMISSIONERS April 18, 1991MINUTES ROLL CALL CITY OF NEWPORT BEACH A parking spaces that are available on site and off -site, and the numbers do not reflect boat passengers arriving by bus. Mr. King Indicated that on site parking is not available until after 6:00 p.m.; however, he indicated that an off -site parking area is available 24 hours a day. [n response to questions posed by Commissioner Glover, Mr. King -xplained that the boat charter previously rented parking spaces on a daily basis prior to the operators obtaining the aforementioned parking lease. Mr. King reviewed the application procedure that is required by the City to process a permit with either the'Marine Department or the Business License Division. He stated that the operators provide passengers with information of authorized parking spaces prior to the day of the boat's departure. Commissioner Glover stated her concern with respect to providing the businesses located on the property with necessary parking spaces inasmuch as the boat charter could affect the business of said tenants. Mr. King stated that the boat charter operators patrol the parking lot so as to prohibit illegal passenger parking. Commissioner Edwards addressed Use Permit No. 1889, suggested Finding No. 12 as stated in the staff report regarding a 3 year off - site parking lease, and he suggested that the finding could be modified to state "..provisions for off -site parking is necessary so as to be of sufficient direction of the proposed use.... He further addressed Condition No. 30 regarding an off -site parking agreement and he suggested a modification to the condition that would include "to be directed by the Marine Department." Mr. King responded that the operators currently are required to obtain proof that there is available parking prior to obtaining a permit from the City. Commissioner Edwards addressed Use Permit No. 1889, suggested Condition No. 27, and Mr. King stated that he would concur with the condition if the charter activity would be allowed to operate prior to 6:00 p.m. as long as he provided off -site . King and Commissioner Glover discussed the feasibility of ,time chartering and off -site parking. being no others desiring to appear and be heard, the public was closed at this time. -15- INDEX COMMISSIONERS April 18, 1991 MINUTES ROLL CALL Motion Ayes Absent 1* 1* 1* 1* CITY OF NEWPORT BEACH Commissioner Edwards indicated that suggested Use Permit No. 1889, Findings No. 8 thru 12 and Conditions No. 27 thru 32 as stated in the staff report, would give the Planning Commission the authority to administer the boat charter business, and he stated that he was not certain if the Planning Commission should be responsible for boat charter operations. He suggested that Condition No. 29 be added and modified to Use Permit No. 1889 as follows: ...upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, including but not limiting to provisions for adequate off-street parking." Commissioner Pomeroy supported the foregoing comments on the basis that the boat charter business is foreign from what the Planning Commission normally discusses in parking usage, and it would not be appropriate for the Planning Commission to usurp the provisions of the Marine Department or the Business License Commissioner Di Sano made a motion to approve Use Permit No. 1889 (Review), and add Condition No. 27 regarding docking of boats, No. 28 regarding loading or unloading passengers from West Coast Highway or other public streets or alleys, and Condition No. 29, that would give the Planning Commission the authority to add or modify conditions of approval to the use permit upon a determination that the operation is detrimental to the community, and to add further that the Planning Commission is concerned with arking, including but not limited to adequate provisions * oncerning off-street parking. Motion was voted on, MOTION 7. That the docking of boats associated with boat chartering activities originating from the subject property, shall be conducted in a manner so as not to obstruct the free and clear access to the marine ways facility operated in conjunction with the existing boat repair facility. -16- INDEX. COMMISSIONERS April 18, 1991MINUTES ROLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH ?8. That buses or passenger vans shall not be permitted to load or unload passengers from the West Coast Highway right-of- way, or other public streets or alleys. 29. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, and including but not limited to provisions for adequate off-street parking. Motion was made and voted on to approve Use Permit No. 3412 * subject to the findings and conditions in Exhibit "A' (Revised). MOTION CARRIED. 1. That the proposed project is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. The project will not have any significant environmental impact. That adequate on -site parking exists to serve the subject wedding chapel/public assembly use. 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. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. -17- INDEX TO: FROM: SUBJECT: Planning, Commission Meeting April 4. 1991 Agenda Item No. 1 CITY OF NEWPORT BEACH Planning Commission Planning Department A Use Permit No 1889 (Review) (Public Hearing) Request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial' area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site.. APPLICANT: Edward B. Robinson, Newport Beach B. Use Permit No. 3412 (Public Hearing) Request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial' area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off-street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). LOCATION: Site of boat repair, boat chartering and wedding. chapel: a portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90-173 (Resubdivision No. 926), located behind property located at 2434 West Coast Highway. TO: Planning Commission 2. ZONE: SP-5 APPLICANT: Pacific Avalon Marine, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach Applications The application for Use Permit No. 1889 involves a request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial' area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. The application for Use Permit No. 3412 involves a request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on the same property. Said proposal also includes a request to approve an off -site parking agreement so as to allow aportion of the required off-street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). In accordance with the provisions of the Mariner's Mile Specific Plan, uses involving public assembly require the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Recent Background At its meeting of February 21, 1991 the Planning Commission reviewed Use Permit No. 1889 as previously requested by the City Council (see attached City Council minutes dated January 14, 1991). Said review was for the purpose of determining the appropriateness and compatibility of operating a boat charter business on the subject property along with the other uses on the site, including a boat repair facility. As indicated in the attached excerpt of the Planning Commission minutes dated February 21, 1991, the Planning Commission discussed the various uses on the site in relation to the boat chartering activities and decided to direct staff to schedule a public hearing on April 4, 1991, for the purpose of reviewing Use Permit No. 1889 and establishing specific conditions which will assist in regulating the boat chartering activities so as not to be detrimental to other uses or properties in the area. Subsequent to the Planning Commission's action, Pacific Avalon Marine, Inc. (boat charter operator), filed a use permit application for the establishment of a wedding chapel/public assembly use which had previously been conducted from the property without the required approval from the City. TO: Planning Commission - 3. Extended Background At its meeting of February 8, 1979, the Planning Commission approved Use Permit No. 1889 and certified a related environmental document associated with a request to permit the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on the subject property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. Said action was taken with the findings and subject to the conditions set forth in the attached excerpt of the Planning Commission minutes dated February 8, 1979. Subsequently, the City Council reviewed and sustained the action of the Planning Commission at its meeting of February 26, 1979. An excerpt of the City Council minutes is attached for the Planning Commission's information. Previous Discussion and Provisions Related to the Marine Repair. and Dock Facilities It is significant to note that the subject property was, and still remains, the site of Larson's Shipyard; however, the boat repair operation on the site is now operated by Blue Moon Marine Inc. In conjunction with the initial consideration of Use Permit No. 1889, there was a considerable amount of attention given to designing a project which would allow for the continued operation of the boat repair facility on the site. Specific reference is made to Mitigation Measure No. 15 of the certified environmental document (copy attached) which says: 15. The proposed marine service and repair facility be continued on the site as indicated by the site plan. In addition, the following findings and conditions of Use Permit No. 1889 had specific reference to the marine service and repair facility and the manner in which the dock facilities were to be used. Findings: 2. That the project has been designed .to preserve a portion of an existing boat yard currently operating on the site and the approval of this request will not preclude the preparation or adoption of a Local Coastal Program. 4. That the retail and commercial office uses of the site are in conjunction with one or more incentive uses as defined in Section 20.62.070.1 1 Section 20.62.070 of the Municipal Code was subsequently amended and the incentive use provisions for the Mariner's Mile Specific Plan Area are now included in Section 20.62.040 of the Municipal Code. TO: Planning Commission - 4. Conditions: 3. That the proposed boat slips bayward of the property shall be utilized for boat sales or the boat yard. No commercial slips shall be permitted, unless the required number of off-street parking spaces and rest room facilities are provided. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and rest rooms shall be provided in accordance with the City's Harbor Permit Policies. Provisions of Use Permit No 1889 Relative to Boat Chartering Activities The original filing of Use Permit No. 1889 was required in order to allow the construction of two office buildings on the subject property which would be occupied by a mixture of retail, office and light manufacturing uses. In accordance with Section 20.62.040 of the Mariner's Mile Specific Plan, such uses are permitted in the "Recreational Marine Commercial" area, subject to the approval of a use permit in each case. It should also be noted that such uses also require that 40% of the site be used for incentive uses as set fort h in the Specific Area Plan. Use Permit No. 1889 satisfied the incentive use requirement by maintaining the existing marine retail use and a portion of the existing boat repair facility which originally occupied the subject property. It should be further noted that the original approval of Use Permit No. 1889 did not include any specific reference to proposed or future boat chartering activities from the subject property. However, there was no restriction placed on the use permit which would prohibit boat chartering, provided that the appropriate upland support facilities (parking : and rest rooms) are provided. Provision of Upland Support Facilities The provision of upland support facilities is regulated by the Marine Department when boat chartering is conducted in conjunction with a Commercial Harbor Activities Permit, issued in accordance with Chapter 17.41 of the Municipal Code (copy attached), and by the Business License Office when such activities are conducted under the provisions of Chapter 5.18 of the Municipal Code (copy attached). The practical difference between the two procedures is that the former regulations pertain to permanently established boat chartering facilities, whereas the later provisions pertain to periodic charter activities which are permitted on a case by case basis. It should be further noted that in the case of boat charters permitted under Chapter 5.18, there is no specific provision which requires that rest rooms be provided on the upland property which are available to charter patrons. As a result, the Licensing Division has not previously required rest rooms on the upland property, inasmuch as such facilities are always provided on the charter vessel. On the other hand, chartering activities permitted under Chapter 17.41 always require that rest rooms be provided on the upland property. In the case of the subject property, rest rooms are TO: Planning Commission - 5. required and are provided to charter patrons inasmuch as Condition No. 3 of Use Permit No. 1889 requires it, even though the existing boat chartering activities have previously been permitted under the provisions of Chapter 5.18 of the Municipal Code. As a final note, most of the boat charters operating in Mariner's Mile are permitted under the provisions of Chapter 5.18 and have not been required to provide rest rooms on the upland property. Boat Chartering and Public Assembly Activities on the Subject Property The applicant for Use Permit No. 3412 which is Pacific Avalon Marine, Inc., operates an existing boat chartering business from the subject property and occupies all of the ground floor portion of the office building located adjacent to the bay, which includes approximately 2,400 square feet of floor area. The boat chartering activity includes a total passenger capacity of 275 passengers2 per day. As indicated by the applicant, boat chartering activities occur after 5:00 p.m. during the week and all day on weekends. As a supplemental use to the existing boat chartering activities, Pacific Avalon Marine is proposing to use approximately 2,187.7 square feet of the existing ground floor office area for a wedding chapel and for miscellaneous public assembly uses. In most cases, the public assembly area will be used as a wedding chapel or as a reception area in conjunction with the boat chartering activities, but in some cases the public assembly use may be separate and unrelated to the boat chartering operations. Based on information from Pacific Avalon Marine, the wedding chapel/public assembly use will have the same operating hours as the boat chartering business. Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Recreational and Marine Commercial' uses. The subject project is a permitted use within this designation subject to the approval of a use permit in each case. In addition, the Land Use Element of the General Plan specifics a land use intensity limit of 0.5/0.75 FAR for the subject property. Based on this requirement, the Base Development Allocation for the site is 0.5 times the site area or 12,000± square feet (24,000± sq.ft. x 0.5 = 12,000± sq.ft.). Inasmuch as the proposed project involves a mixture of Base FAR uses such as retail and office uses, Reduced FAR uses such as public assembly uses and Maximum FAR uses such as marine repair shops, Section 20.07.040 of the Municipal Code provides that the Base Development Allocation shall not be exceeded by the sum of the weighted square footages of each use. Weighted square footages are determined by multiplying the gross floor area of a given use by a weighted factor of 1.67 for Reduced FAR uses, 1.0 for Base FAR uses and 0.5 for Maximum FAR uses. The 2 This figure was provided by the Marine Department and is based on information provided by Pacific Avalon Marine, Inc. in conjunction with the submittal of their requested Harbor Permit No. 129-2703. TO: Planning Commission - 6. following table sets forth the weighted development for each type of uses on the subject property. Type Use Retail/Office Marine Repair & Service Square Footage 7,148 ± sq.ft. 480± sq.ft. x Weighted Factor = Weighted Development x 1.0 x 0.5 7,148 ± sq.ft. = 240 ± sq.ft. Wedding Chapel/ 2,187± sq.ft. x 1.67 = Public Assembly Total Weighted Development = Allowable Development Allocation 3.652± sq.ft. 11,040± sq.ft. 12,000± sq.ft. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. Required Off -Street Parking and Existing Remaining Uses In accordance with Chapter 5.18 of the Municipal Code, 92 off-street parking spaces are required for the boat chartering business, based on a formula of 1 parking space for each 3 passengers (275 passengers : 3 = 91.6 or 92 spaces). In accordance with Section 20.30.035 B of the Newport Beach Municipal Code, the off-street parking requirement for public assembly uses is one parking space for each 35 square feet of floor area. Such a formula will require 63 off-street parking spaces for the public assembly use (2,187.7 sq.ft.:-35 sq.ft. = 62.5 or 63 spaces). Based on these figures, the total parking requirement for Pacific ,Avalon Marine, assuming the wedding chapel/public assembly area was used independently from the boat chartering operation, would be 155 parking spaces. In addition to the boat chartering business and the proposed wedding chapel/public assembly uses, there are a variety of other retail, office and marine oriented uses on the site which will continue in operation. The following table lists each business, their hours of operation, floor area, parking requirement and number of employees. R d equire Name Type Use Hours of Operation Floor Area Parking Employees B & B Marine Retail. 9:00 a.m: 5:00 p.m., M-Sat. 355± sq.ft. 1:42 1 Swedish Marine Retail 9:00 a.m: 5:00 p.m., M-F; 656± sq.ft. 2.62 3 9:00 a.m: 12:00 noon, Sat. Diversified Marketing Office 9:00 a.m: 5:00 p.m., M-F 582± sq.ft. 2.33 2 Scott Randall Office 6:00 a.m.-6:00 p.m., M-Sat. 168± sq.ft. .67 2 Rod Deremiah Office 8:00 a.m.4:00 p.m., M-F 156± sq.ft. .62 1 Harbor View Financial Office 9:00 a.m: 5:00 p.m., M-F 725± sq.ft. 2.90 3 Coletrane & Co. Office 9:00 a.m: 5:OOp.m., M-F 91± sq.ft. .36 1 Javano Engineering Office 9:00 a.m: 5:00 p.m., M-F 468± sq.ft. 1.87 1 3 Blue Moon Marine Marine Shop 8:00 a.m.-5:00 p.m., M-F 480± sq.ft. .483 Office 317± sq.ft. 1.27 3 This parking requirement is based on 1 parking space for each 1,000 sq.ft. of floor area. TO: Planning Commission - 7. Required Type Use Hours of Operation Floor Area Parking Employees Name Dr. Diane Cole Office 8:00 a.m. 7:00 p.m., M-F 576± sq.ft. 2.30 5.36 1 1 Yacht Connection Office 8:30 a.m.-6:00 p.m., Daily 1,340± sq.ft.4 1 M. David Kelly Office 9:00 a.m.-5:00 p.m., M-F 3 Bertha -Robinson Office 8:00 a.m: 5:00 p.m., M-F 8:00 a.m.-6:00 p.m., Daily 468± s ft. q 1.87 3 . Pacific Avalon Marine Office Total Daytime Parking Requirement and Number of Employees 24.07 26 Existing and Proposed Off -Street Parkin In accordance with the approval of Use Permit No. 1889, 35 on -site parking spaces are required for the various uses occupying the existing buildings on the property, and does not include any provision of parking for the dock facilities. This is the reason that Conditions No. 3 and No. 15 mentioned above, were required by the Planning Commission and the City Council, so as to insure that adequate parking was provided if the use of the docks ever changed. Based on staffs initial inspection of the subject property, the original approved parking design had been altered slightly so as to add an additional parking space adjacent to Parking Space No. 23 shown on the attached site plan. The addition of this parking space reduces the available turning radius for the access aisle and therefore must be removed. In addition, the 7 required parking spaces located along the westerly property line had been used for boat storage and repair. It should be noted that since the Planning Commission's March 7,1991 meeting, the boats have been removed from the front parking spaces; however, there is still miscellaneous storage contained in the parking spaces. In addition, the 7 parking spaces are no longer striped in accordance with the approved parking plan and several of the landscape areas within the parking area (and which are shown on the approved landscape plan) have been removed or are now being used for outdoor storage. It should also be noted that Pacific Avalon Marine has indicated in their attached letter dated March 13, 1991, that they estimate they can provide 40 parking spaces on the subject property. Such a statement is incorrect inasmuch as the City Traffic Engineer has determined that the maximum allowable parking that can be provided on the site is 35 spaces and that no valet parking may be conducted on the site. As indicated in the previous table of existing remaining uses, all but one of the existing businesses (Dr. Diane Cole) are closed by 6:00 p.m. during the week; all but three businesses (B & B Marine, Scott Randall, and Yacht Connection) are closed by noon on Saturday; and all but one business (Yacht Connection) is closed on Sunday. Therefore, 34 on -site parking spaces will be available to Pacific Avalon Marine after 6:00 p.m. Monday through Friday; on Saturdays, 27 on -site spaces will be available before 12:00 noon and 30 spaces will be available after 12:00 noon; and on Sunday, 34 on -site spaces will be available. It should be noted that in determining the parking requirement for each business, staff used either the requirement based on floor area or the number of employees, which ever was 4 The Yacht Connection, M. David Kelly and Bertha Robinson are all located in the same office space. TO: Planning Commission - 8. greater. It should also be noted that the applicant proposes to begin boat chartering activities at 5:00 p.m. Monday through Friday. However, inasmuch as there are several businesses that remain open past 5:00 p.m., it is staff s recommendation that boat chartering on Monday through Friday should not be permitted before 6:00 p.m. In addition to the on -site parking spaces, Pacific Avalon Marine has also obtained the use of additional off-street parking at a private off -site parking area located directly across West Coast Highway, on a parcel behind the property at 2434 West Coast Highway. Although the applicant has indicated that he estimates he can provide up to 70 parking spaces in the off -site lot, there are only 34 marked parking spaces and staff estimates that approximately 7 additional spaces could be provided in a tandem configuration. Therefore, only 41 parking spaces can be provided in the off -site parking area. Staff has no objections to tandem parking spaces in the off -site parking area inasmuch as said property has good access and the boat charter patrons generally arrive and leave at the same time. Taking into consideration the various times of operation of the existing remaining uses and the available off -site parking, staff has prepared the following table which summarizes the available parking for the eXicting and proposed uses on the sllbject property: Existing Remaining Uses Pacific Avalon Marine On -site Parking Off -site Parking Total Parking Available to Pacific Avalon Marine Allowable boat charter patrons @ 3 patrons/space Monday - Friday Saturday Sunday After 6:00 p.m. Before 12:00 Noon After 12:00 Noon 1 space 8 spaces 5 spaces 1 spaces 34 spaces 27 spaces 30 spaces 34 spaces 41 spaces 41 spaces 41 spaces 41 spaces 75 spaces 68 spaces 71 spaces 75 spaces 225 patrons 204 patrons 213 patrons 225 patrons Based on the available on -site and off -site parking, the maximum number of boat charter patrons that could be boarded from the subject property varies between 204 and 225 passengers, assuming the wedding chapel/public assembly area either remains unused or is used solely in conjunction with a boat chartering event. If the wedding chapel/public assembly use were used independently and at the same time as the boat charter activities, the parking requirement would increase by an additional 63 parking spaces (2,187+ sq.ft : 35 sq.ft. = 62.4 or 63 spaces) which the applicant is unable to provide. Based on these figures, it is staff s recommendation that should the Planning Commission wish to approve these applications, that the total passenger load for boat chartering should be limited to 3 times the number of available parking spaces as listed in the above table, and that the wedding chapel/public assembly area should be used only in conjunction with an approved boat chartering activity, or when no boat chartering activity is being conducted from the property. TO: Planning Commission - 9. Required Findings For The Use Of Off -Site Parking In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking 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, or the owners of the building sites have a common ownership in such lot, and the owner or owners 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 Department of Community Development. It is staffs opinion that the proposed off -site parking area is in reasonable distance of the subject property (approximately 700 feet) and that although it is located on the northerly side of West Coast Highway, the existing traffic signal at Tustin Avenue and West Coast Highway will provide a safe pedestrian crossing (see attached Vicinity Map). It should also be noted that the applicant's existing lease for the off -site parking is for only one year, whereas the Planning Commission has previously required that formal off -site parking agreements be a minimum term of three to five years. Should the Planning Commission wish to approve Use Permit No. 3412, it is recommended that the applicant be required to obtain a lease agreement for at least three years. Summary and Conclusion As indicated in the beginning of this staff report, the purpose of the review of Use Permit No. 1889 was to allow the Planning Commission the opportunity to consider the appropriateness of allowing the continued operation of a boat chartering facility from the subject property in light of the other uses on the site. Should the Planning Commission determine that boat chartering is appropriate in this case and that the provisions under TO: Planning Commission - 10. Chapter 5.18 and 17.41 of the Municipal Code are adequate, no action concerning Use Permit No. 1889 is required at this time. However, should the Planning Commission wish to establish more definable limits for the boat chartering activities on the site based on available parking, the following additional findings and conditions are suggested to be added to Use Permit No. 1889: Findings: 8. That boat chartering is a permitted use within the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan and is compatible with other land uses on the same property and surrounding properties. 9. That adequate off-street parking is being provided for the level of boat chartering activity permitted in conjunction with this approval. Conditions: 27. Boat chartering activity shall be limited to a total passenger load of 225 after 6:00 p.m. Monday through Friday; 204 before 12:00 noon and 213 after 12:00 noon on Saturday; and 225 on Sunday. Boat chartering activities shall not be permitted before 6:00 p.m. Monday through Friday. 28. Boat chartering activity shall be in conformance with the applicable provisions of Chapter 5.18 and 17.41 of the Municipal Code. 29. That no valet or tandem parking shall be permitted in the on -site parking area and that vehicular access to the site shall not be restricted in any way without the approval of the City Traffic Engineer. Should the Planning Commission wish to prohibit boat chartering from the subject property, the following additional findings and amended Condition No. 3 are suggested: Findings: 8. That the subject property is inappropriate for boat chartering activities due to its limited size, location and limited access. 9. That the operation of a boat chartering facility from the subject property is incompatible with other uses on the site and on surrounding properties. 10. That there is inadequate on -site parking for the existing uses and proposed boat chartering operation. TO: Planning Commission - 11. Amended Condition: 3. That the proposed boat slips bayward of the property shall be utilized for boat sales or the boat yard only. Boat chartering shall not be permitted to operate or board from the subject property. In regards to Use Permit No. 3412, Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Use Permit No. 3412, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to deny Use Permit No. 3412, the findings set forth in the attached Exhibit 'B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. Wil iam Ward Senior Planner Attachments: Exhibit "A" for approval of Use Permit No. 3412 Exhibit "B" for denial of Use Permit No. 3412 Vicinity Map Excerpt of the City Council minutes dated January 14, 1991 Excerpt of the Planning Commission minutes dated February 21, 1979 Excerpt of the Planning Commission minutes dated February 8, 1979 Excerpt of the City Council minutes dated February 26, 1979 Previously certified environmental document associated with Use Permit No. 1889 with mitigation measures Copy of Chapter 5.18 and Chapter 17.41 of the Newport Beach Municipal Code Letters of March 13, 1991 and March 20, 1991 with attachments from Pacific Avalon Marine Letter from Jim Parker dated February 6, 1991 with attachments Plan of the off -site parking area Site Plan, Proposed Floor Plan of wedding chapel/public assembly area, Existing Floor Plans TO: Planning Commission - 12. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3412 A. Findings: That the proposed project is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject wedding chapel/public assembly use. G 4. The off -site parking area is located so as4o useful to the subject restaurant use. 5. Parking on such off -site parking areas will not create undue traffic hazards in the surrounding area. 6. As a condition of this approval, the applicant is required to obtain a minimum three year lease for the use of the off -site parking area. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. The approval of Use Permit No. 3412, under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: That the subject project shall be in substantial conformance with the approved site plan and floor plans. 2. That the wedding chapel/public assembly use shall be permitted to operate only in conjunction with the boat chartering activity permitted by Use Permit No. 1889 as reviewed and amended by the Planning Commission on April 4, 1991, or when no boat chartering activity is being conducted from the property. TO: Planning Commission - 13. 3. That the wedding chapel/public assembly use shall not exceed 2,187.7± sq.ft. of floor area. 4. That the applicant shall obtain the approval of an off -site parking agreement from the City Council and the term of said agreement shall be for a minimum of three years. 5. That on -site parking shall be provided in accordance with the approved boat chartering operation and 41 off -site parking spaces shall be provided for the wedding chapel/public assembly use. 6. That the on -site and off -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 7. That valet or tandem parking shall be permitted in the on -site parking area. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 10. That the applicant shall comply with all provisions of the Building Code and Fire Code as they apply to buildings and floor area used for public assembly uses and that the applicant shall obtain the Building Department's approval of a new Certificate of Occupancy for public assembly. 11. That the applicant shall obtain the approval of the Coastal Commission prior to the operation of the wedding chapel/public assembly use. 12. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission - 14. EXHIBIT "B" FINDINGS FOR DENIAL, OF USE PERMIT NO. 3412 1. That the subject property is inappropriate for a wedding chapel/public assembly use due to its limited size, location and limited access. 2. That the operation of a wedding chapel/public assembly use from the subject property is incompatible with other uses on the site and on surrounding properties. 3. That there is inadequate on -site parking for the wedding chapel/public assembly use. 4. That the proposed off -site parking area will create undue traffic hazards in the surrounding area. 5. That the off -site parking area is not located as to be useful in conjunction with the proposed wedding chapel/public assembly use on the subject property. 6. The approval of Use Permit No. 3412 will, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. Y16101T*700 MAP t tc C SP Q CLIFF DRIVE t V ti ft-I PAAK n AN i SANra O 1 Aso r o o- SP-5 5►_5 s s��s 4r fi F7 ,S7A:EET —1 f! AIAI A/O. B FEET OF >o coo aao Jy \ SEE MAP A/O. S eh \ \ \\\ q0 •iY. �pl p\ w. tui DISTRICTING MAP NEWPORT BEACH — CALIFORNIA 10aui'b•.ci. ital.'0'rafb�li t-,w-Cc« It4•N .".�� 14i a�w nara R—A R—I AGRICULTURAL RESIDENTIAL R'"'4 MULTIPLE RESIDENTIAL R—Z SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL - R-3 OG RESTV MULTIPLE FAMILY RESIDENTIAL M-1 MANUFACTURING - ORO. NO. 635 COMBINING DISTRICTS UNCLASSIFIED - FRONT YARD SET BACK SHOWN THUS:-.O- LIMITED COMMERCIAL DEC 26.1950 CITY OF NEWPORT BEACH MINUTES COUNCIL MEMBERS January 14, 1991 INDEX ROLL CFLL (Bond No. 5241 0019 for on -site improvements and Bond No. 5241 0024 for MacArthur Boulevard improvements) in six months provided no claims have been filed. Report from the Public Works Department) 17. T CT NO. 11018 - Approve the improvement Tract 11018 pla s and specifications and accept the pub l c improvements constructed in conju ction with Tract No. 110181455 supers r Avenue, on the northerly side of Superio Avenue, between Placentia Avenue and H013 ital Road, in the West Newport Triangle rea; authorize the City Clerk to release th Faithful Performance Bond (Bond No. 4171115 ; and authorize the City Clerk to release a Labor and Materials Bond (Bond No. 41 115) in six months provided no claims hav been. filed. (Report from the Public Work Department) 18. Removed from the nsent Calendar (refer to I I I I I I agenda item G. 1 ff r Council action) I 19. SPECIAL EVENTS AP ICATIONS - Uphold Special staff's recommendati n to approve the Events/ following Applicati. 6, subject to Permits conditions in the staf report: (Report (27) from the Business Licens Supervisor) (a) Application 90-469 - Apli 90-469 Fireworks Displ on the beach at The 'edge r applicant David_ Swantz be ,Narive, in re dential district for applica Paul Reed at 4614 Cortland Corona del Mar on Janua 18, 1991 from 6:00 - 11:00 p. . 20. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department with Harbor recommendation of the Tidelands Affairs Permit Committee to refer Use Permit No. 1889 back Apli 129- to the Commission for review in 2703 _Planning light of the request by Bertha Robinson (51) Partnership to remove the restriction on 'HARBOR PERMIT APPLICATION NO. 129-2703 and - allow commercial chartering. volume 45 - Page 18 16 I��, tan-yr- mnrunl DrnvJ--L--1 1- MINUTES COUNCIL WIM ASAM&FY-14, 1991 ROLL CALL RE] es INDEX Ed Robinson, Applicant and owner of the Harbor Permit Apli ,property at 2703 West Coast Highway, _ 129-2703 Add' un reseed the council_in appositionappositionto the Hstated they have recommendation.'' i. e . . - provided the necessary. Parking and restrooms required for 0 . Perating commercial charters, and he takes exception to the statements made in the staff report about his operation. Tony - Melum, Tidel - andB ':Administrator, addressed the Council with the following comments: Originally when this permit was approved, the Planning Commission imposed certain conditions as set forth in the staff report, and the reasons for these conditions was that when the project was completed, there was no pant then said he arking available for the slips. The appl would operate the slips as boats -for -sale, and as a shipyard, because no parking would be required. The Planning Commission then said that should the applicant wish to convert the slips into commercial. slips sometime in the future, then parking and restrooms will be required. inasmuch as the Applicant is now proposing a charter operation with a commercial . dock ' - (estimating 275 passengers per day) the staff felt this matter should be referred back to the Planning Commission. Roy King, part owner of Avalon Pacific, addressed the Council and stated he has been in business in the City for approximately 10 years, and a tenant of the Robinson's for the last three years. He reviewed the approvals issued by the City for parking and the boat charter business, and stated he does not understand why he is being requested to cease operation at this time. Council Member Hart, Chairman of the Tidelands Affairs committee, stated the Committee is concerned about boat yards and whether or not they are going to be able to continue operating in the city, as well as how to protect the city's natural resources with the types of commercial tour boats permitted. Therefore, she moved to refer_ this item to the Planning Commission for review and report back. Volume 45 - Page.19 i COMMISSIONERSFebruary 21, 1991 MINUTES` ROLL CALL Motion Ayes Absent the proposed rest- nts and for staff to review said design, and to settle a lease agreemen-t6&pute between the applicants. Motion was made and voted on to c ' ue these items to the March 7, 1991, Planning Commission m MOTION CARRIED. Use Permit No 1889 (Review)(Discussion) Request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture A retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. - Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. TION: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. E: SP-5 Edward B. Robinson, Newport Beach WNER: Bertha Robinson, Newport Beach ames Hewicker, Planning Director, stated that Section 20.85.010 1 the Municipal Code gives the Planning Commission the authority -14- 19 INDEX Item No.5 UP1889 (Review) PH set for 4/4/91 COMMISSIONERS o� February 21, 1991 MINUTES ROLL CALL 1NDE�C to hear and decide appeals based upon the enforcement or interpretation of the provisions of the Zoning Code, i.e. use permits. He further stated that Section 20.80.090 of the Zoning Code addresses violations of use permit conditions, and allows the Planning Commission to review use permits if there have been conditions that have been violated. Mr. Hewicker pointed out that the City Council on January 14, 1991, requested that the Planning Commission review the subject use permit based on their concerns regarding charter boat activities on the site, and the impact the charter boat activity has on the operation of the boat repair facility on the property. Mr. Hewicker stated the subject use permit allowed an office development on the property in addition to the ability to sustain and maintain the boat repair use that existed on the site. He indicated that two violations currently exist on the property: the establishment of a wedding chapel that requires a use permit, and the elimination of some of the parking spaces that were originally required for uses on the site. Mr. Hewicker stated that charter boat activities are a permitted use on the property and are encouraged to the extent that the use does not have an adverse affect to other uses that are also permitted, in particular an affect on a boat repair operation. Mr. Hewicker stated that the subject item is not a public hearing, .nasmuch as public notices were not mailed to property owners. in he area; however, the Planning Commission has the authority to iscuss the use permit and take public testimony. He indicated that he Planning Commission has the authority to set the item for public hearing so as to notify property owners and interested arties, and to allow the Planning Commission to modify or add onditions to the use permit. Commissioner Person stated that the current development epresents an over -intensification of the use of the property that as not reviewed when the Planning Commission approved Use Permit No. 1889, based on the addition of a wedding chapel and -15- l� COMMISSIONERSFebruary 21, 1991 MINUTES ROLL CALL the operation of a large charter boat. Commissioner Pers6n suggested that charter boat operations be reviewed by the Planning Commission so as to review parking, rest room facilities, and the impact on traffic. Commissioner Pers6n suggested the Planning Commission consider a public hearing to modify the conditions of approval and review the existing use permit. Chairman Debay suggested that use permits be considered for boat charters carrying over a specific number of people. Commissioner Pers6n suggested that the Planning Commission require, as a condition of approval, that no boat chartering be on -site unless there would be an amendment to the use ♦.viau u. �.v permit. Commissioner Pers6n, Chairman Debay, and William Laycock, Current Planning Manager, addressed the Harbor Permit that is issued by the Marine Department. Commissioner Glover indicated her concerns regarding the wedding chapel that exists on the property. Mr. Hewicker stated that in order to operate a wedding chapel, the applicant is required to apply for a use permit, and the Planning Commission must approve said use permit to authorize the use. In response to a question posed by Commissioner Glover regarding the mixed use that is existing on the property, Mr. Hewicker replied that the ultimate control for the uses on the property is the property owner and the subject use permit runs with the land. He stated that the property owner must be certain that the conditions of approval are in compliance with the use permit. Mr. Hewicker addressed the mixed uses existing on the property, and he stated that concerns have been expressed by interested parties that the mixed use on the property is not successful. Mr. Hewicker addressed the concerns regarding available on -site parking for the mixed uses. 'ommissioner Pers6n addressed the feasibility of revoking the use ermit. Robin Flory, Assistant City Attorney, stated that the basis )r revocation is to show facts that the uses are in violation of the se permit, or, the use permit could be suspended until the uses re no longer in violation. In response to a question posed by -16- tNDEX COMMISSIONERS ` February 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH Commissioner Person _regarding the subpoena of leases on the property, Ms. Flory replied that the Planning Commission does not have the power to subpoena or require leases, unless the leases are connected directly to.the conditions of the use permit. Commissioner Pomeroy and Mr. Hewicker addressed the issue of available on -site parking spaces if the wedding chapel were not located on the property. Chairman Debay commented that on -site and off -site parking spaces are available for a maximum capacity of 174 passengers, and the charter boat accommodates 275 people. Commissioner Edwards, Commissioner Person, and Ms. Flory discussed the issue of revocation of Use Permit No. 1889. Mr. Edward Robinson, applicant, appeared before the Planning Commission. Mr. Robinson stated that the applicants have been in compliance with the City's requirements. He compared the size of the subject charter boat facility, Avalon Pacific, with another charter boat facility, Hornblower, a use that was approved by the City. Mr. Robinson addressed the disagreement between the charter boat business and Mr. Jim Parker, a former tenant, regarding the available on -site parking on weekends. He explained that since Mr. Parker moved his business to another site, there have not been on -site parking problems. Mr. Robinson stated that Swedish Marine does not remain open after 5:00 p.m.; however, they work until 12:00 noon on Saturdays during the summer months. He referred to the Planning Commission meeting in 1987 concerning Hornblower wherein a condition states that a charter boat service shall not exist unless an amendment to Site Plan �eview No. 41 has been approved. v1r. Robinson emphatically expressed his concern that the Planning commission would consider revocation of the use permit inasmuch Ls the subject operation has complied with the conditions of the ise permit. n response to a question posed by Commissioner Person regarding he aforementioned wedding chapel, Mr. Robinson stated that an -17- INDEX COMMISSIONERS February 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH application was submitted to the City; however, it was returned to the applicant/tenant because sufficient information was not provided to staff. Ms. Flory explained that the property owner is responsible for the enforcement of the conditions of the use permit. Commissioner Person indicated that commercial leases generally indicate that tenants shall comply with all Government rules and regulations. Mr. Roy King, charter boat tenant; appeared before the Planning Commission. Mr. King explained that the wedding chapel consists of the office space on the ground floor of the building and is a gathering area for the boat passengers before .boarding the yacht. Mr. ring stated that two weddings were held prior to notification by the City. Commissioner Pomeroy addressed the circumstances surrounding the illegal wedding chapel. Mr. King stated that his charter boat business was originally located at 2751 West Coast Highway, adjacent to The Chart House Restaurant, for approximately 5 years; however, he said that based on the required number of parking spaces for The Chart House Restaurant, the City required that his operation be moved to another site three years ago. Mr. King stated that another. charter boat operation is currently operating out of The Chart House Restaurant site. In response to questions posed by Commissioner Person, Mr. King replied that the charter boat he operated three years ago, and is currently operating, is 105 feet in length. He explained that the Spirit of Newport is a documented vessel that is Coast Guard inspected, and is currently certified for 149 passengers. He further explained that a second charter boat is B. P. John, is Coast Guard inspected, and carries 120 passengers. Mr. King replied that his charter boat business was larger several years ago than it is today; however, he said that charter activity is not consistent. Mr. King questioned the 35 boats that Mr. Parker operates that carry a potential of 300 people, that he conducts a sailing club, that 35 arking spaces are available for the operation, and 'a restaurant and an additional use are also being -added on the property. Mr. King INDEX COMMISSIONERS CITY OF NEWPOIRT February 21, 1991 MINUTES ROLL CALL INDEX stated that The Chart House Restaurant property recently loaded seven boats with passengers. In response to a question posed by Commissioner Merrill, Mr. King replied that the parking spaces at The Chart House Restaurant were designated for the restaurant after 5:00 p.m. He explained that after his move from the property, three charter boat operations were opened on The Chart House Restaurant property with the approval by the City. In response to questions posed. by the Planning Commission, Mr. King explained that the Marine Department informed his charter boat service that no parking spaces and no commercial docks could be provided for his operation; however, he said that when the use permit was approved for The Chart House Restaurant, the charter operation and other uses existed on the property. Mr. King stated that seven charter boats operate from the John Dominis Restaurant site, and no rest rooms or trash disposable area are provided, as required. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that charter activities are primarily regulated by two Departments in the City: the Business License Division and the Marine Department. He explained that the Planning Department works with both Departments when requests "are made for charter boat activities. Mr. King addressed conflicting conditions that exist to regulate charter boat operations. Motion Motion was made to schedule a public hearing for Use Permit No. 1889 for April 4, 1991. Commissioner Person requested that appropriate backup material be provided for the public hearing. He stated that the Planning Department and the Planning Commission need to have a better handle on the upland activities associated with charter businesses in the Harbor. Substitute Substitute motion was made and voted on to continue testimony Motion regarding Use Permit No. 1889 'so as to assist the staff in preparing All Ayes the staff report. MOTION CARRIED. -19- 20 COMMISSIONERS 'February 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH Mr. Ding addressed the high standards of the existing charter companies currently in operation throughout the Harbor area; however, he stated that the charters are currently operating under unclear regulations, i. e., the holding tanks. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that when the Business License Division receives a request for a Special Event Permit or a charter activity, the Division contacts the Planning Department for final approval that charter activities are approved at the requested location. He stated that upland support facilities are also reviewed for that location. In response to a question posed by Commissioner Glover •� t to Chapter 5 18 Hewicker replied that he did not with respect w �.harw , Mr. ___ have the, fia Tres regarding the number of boat charters operating under Chapter 5.18 or Chapter 17.41 of the Municipal Code. Commissioner-Pers6n stated that all of the boat charters do not jhave to operate under Chapter 5.18. Larry Morgan, majority owner of the boat repair facility on the subject property, appeared before the Planning Commission. He stated that there is no conflict between Avalon Pacific, the boat charter company and the boat yard, that the boat yard rarely operates after 5:00 p.m., and never on weekends. response to a question posed by Commissioner Edwards, Mr. -organ stated that the existing uses on the subject property do not terfere with each other. r. King reappeared before the Planning Commission wherein he sponded to a question posed by Commissioner Edwards. He plained that the boat charter use is issued permits per boat on a onthly basis from the Business License Division. He stated that e application requests the list of charters for the month for the ecific boat, the number of passengers carried, the time of )eration, and how the charter company intends to provide irking. Mr. King stated that it is difficult to police the charter )ats inasmuch as most of the charters are during the evenings or eekends. Mr. King stated that a charter boat that Hornblower -20- INDEX COMMISSIONERS February 21, 1991 MINUTES " • NIUHN CITY OF NEWPORT BEACH -bartered during the Harbor Christmas Parade carried 500 passengers on one boat, leased 35 parking spaces from the subject facility and that was the total parking provided for the passengers on three charter boats, and that City permits were issued for said charters. In response to a question posed by Commissioner Di Sano, Mr. King replied that there is confusion with the permitting process through the City. Mr. Jim Parker, 2633 West Coast Highway, appeared before the Planning Commission. Mr. Parker referred to letters that he addressed to the Business License Division and the Planning Department that are attached to the staff report. In rebuttal to aforementioned comments, Mr. Parker stated that he operates 10 charter boats and not 35 boats, that his boats have been inspected by the Marine Department, that the boats have holding tanks, and his operation is in compliance with City Codes. Mr. Parker indicated that a revocation or suspension of Use Permit No. 1889 is not necessary. He stated if the property owner would be given clear guidelines, and if the proper restrictions or conditions were monitored, that it would clear up concerns he previously expressed. In response to a question posed by Commissioner Di Sano regarding the City's policies, Mr. Parker explained that his sailing charter business operates under a different set of procedures than the foregoing boat charter business. He explained that his business is restricted to six passengers or less, and boat charters operate under different regulations. response to a question posed by Commissioner Pomeroy, Mr. rker replied that his business does not operate a boat charter, i his passengers belong to a sailing association to charter the its. . Hewicker stated a boat charter business exists on another site t requires an amendment to a use permit, and, as of this date, amendment has not been granted. -21- INDEX a-6 COMMISSIONERS J February 21, 1991 MINUTES ROLL CALL Mr. Robinson reappeared before the Planning Commission to address issues that were expressed by the Planning Commission and staff. Commissioner Pomeroy requested that the information in the April 4, 1991, Planning Commission staff report contain conditions of other use permits in the adjacent area for the purpose of further review of the subject use permit. Chairman Debay referred to the January 14, 1991, City Council minutes, wherein she pointed out that the Planning Commission is responding to the Use Permit and not the Harbor Permit. Ms_ Flory addressed the intent of the review of Use Permit No. 1889, and she stated that the existing parking . conditions and the establishment of a wedding chapel may not be sufficient factors to consider revocation of the use permit. Ms. Flory determined that a public hearing would address the consideration of amending the use permit. Commissioner Person and Commissioner Edwards addressed their previous considerations regarding revocation that were discussed by the Planning Commission. Commissioner Glover addressed the review of Use Permit No. 1889, and she stated that it would not be appropriate to gather the aforementioned requested data pertaining to use permits adjacent to the subject property. Mr. Hewicker explained that the information could be segregated into three issues: the subject use permit; other charter boat companies that are operating in the Harbor area without a use permit, and to the best of his knowledge that is true in only one case; and how the overall permit procedure is handled through the Marine Department, the Business License Division, and the Planning Department and if the Planning Commission would recommend changes to the current policy. Commissioner Pomeroy addressed the applicant's request for a wedding chapel. Mr. Hewicker stated that Code Enforcement -22- INDEX COMMISSIONERS February 21, 1991 MINUTES ROLL CALL All Ayes CITY OF NEWPORT BEACH mailed a letter to the applicant in December regarding the violation of the wedding chapel; however, he commented that wedding ceremonies have continued through February 16, 1991. Commissioner Pomeroy commented, and Mr. Hewicker concurred, that the Planning Commission could act upon the request for a wedding chapel at the April 4, 1991, Planning Commission meeting if the applicant submitted an application. In response to a question posed by Chairman Debay, Mr. Hewicker replied that the primary concern to be addressed will be the boat repair facility and the appropriateness of boat chartering activities on the property. Commissioner Di Sano supported the motion. He addressed the intensification of use on the subject property and the existing uses that were not permitted under the use permit. Commissioner Di Sano also addressed the confusion of the procedures that are currently being followed by the charter boat business. Commissioner Edwards supported the motion to schedule a public hearing for Use Permit No. 1889 at the April 4, 1991, Planning Commission meeting. ion was voted on, MOTION CARRIED: imissioner Di commended the City for distributing water ervation information to ' itizens. After discussion, staff was ;ted to send a letter to the City it and the Parks, Beaches Recreation Commission, suggesting tha City establish a onstration garden of drought resistant plants in t of City -23- I INDEX (Additional Z7 COMMISSIONERS }p0 ?� s � }s ROIL CALL Potion x NoeAyes i x x x x Aft City of Newport Beach February U, 1979 ' MIND 1 t:. INDEX COmmis,sioner Beek then responded that he felt Lhe signs, under diGc ssion would not be a benefit to the community, but unnecessary and confusing additional information. Motion was made'ttlat Planning Commission make the following findings: \� 1. That the request is`cpnsistent. with the standards ind requirements of: the Pj� eded Community Text. 2. The approval of Use Permit No 1899 will not, under the circumstances of this case, be detrimental to the health safety, peace, morals, comfort an eneral welfare of persons residing and working in the h ighborhood or be det-imental or injurious to property an improvements in the neighborhood or the general welfare Qf the City. and approve Use Permit No. 1899, subject to the follow lg conditions: 1. That the wall/signs be in substantial conformance with the approved plot plan and elevations. 2. That the signs shall not be illuminated. Request to permit the construction of 2, Lwo-story building. iLP111 -7 that may include a mixture of retail, office and light man!- in the Recreation and Marine Cnm- U51 ERPIT facturing uses on a site mercial area of the Mariners' Mile Specific Plan Area, and N071889 the acceptance of an Environmental Document. A modification the required parking standards is also requested, since APPROVED from a portion of the required offstreet parking spaces are for Coast CONDI- TITNALI-y compact automobiles, Existing uses along the West the and a portion of Larson's Highway frontage of property Shipyard facility are proposed to remain on the site in conjunction with the proposed development. Location: A portion of Lot H, Tract No. 919, located at the southerly 2701-2703 West Coast Highway, on side of West Coast Highway, between Riverside Avenue and Tustin Avenue on Mariner's Mile. lon6: Specific Plan Area No.,b Applicant: Edward B. Robinson, Newport Beach Owners: Elmer John Larson, Neewport Beach; and Gwendo- lyn 1. Snyder, Balboa Island i �I MINUTES COMMISSIONERS .. City of Newport Beach � o � - 1'}sue" sit February U, 1979 INDEX ROLL CALL Public hearing was opened in connection with this item and Company appeared Edward Robinson of Robinson Development Commission and relayed the general before the Planning history of the development of the are). He then requested involved two modifications to the Staff Report:) The first He the 20' minimal setback requirement for the marine way. due to advised that the additional footage was unnecessary additionally, the maximum 16' cradle width. He con uired, that due to the V -5' space from the ter line to the end of the porch, workers' working room wduld be adequate with a Mr. R'obinson's second 17' setback for the marine way. fication request involved a deletion o!f the Staff's suggested reduction in the floor space of the proposed building of at deletion of Staff's suggested 38 least 750 sq. ft., or a offstreet parking spaces. Mr. Edward Sands, Architect, next appeared before the Plan- -to his ning Commission to introduce himself and express any questions regarding the asthetics willingness to answer c.' the project. He informed the Planning Commission that if the e office building be.econnomgically feasiblenanddthehshipyard wouldnotWbelabler _ to function. Mr. Robinson again approached the Planning Commission to con- would not be economical) cur that the yacht sales alternative advantageous, and an office building denial would not allow the shipyard to exist. also due to economics. Richard Hegan, Director of Community Development, advised that a 17' minimal setback might limit the boatyard opera- tion. Commissioner Haidinger expressed his general opposition re- garding the attempt to inforce continued participation in any if dictate otherwise. He also particular business, economics commented that in this particular project he felt that it should be the landowner's responsibility to provide adequate parking. Mr. Larson, owner, appeared before the Planning Commission to would extend to assure them that the. fascia on the west porch no lass than 7' above the grade of the ramp. There being no others desirir; to appear and be heard on this item, the public hearing was closed. -19- MINUTES COMMISSIONERS } p� City of Newport Beach s }op 1`1 February 8, `1979 i It+oEx ROLL CALL I Motion I Ayes x Noes lotion was made that Planning Commission make the followinn findings: }a., �. That the proposed use is consistent with the Land Be Element of the General -Plan and the provisions of the Mariner's Mile Specific Area Planl and is compatible with surrounding land uses. 2. That the project has been designed to preserve a por- th tion of an existing boat yard currently operating on oe site and the approval of this request will not preclude the preparation or adoption of a Local Coastal Program. 3, 'That based on the information contained in the Initial Study and mitigation measures indicated in the Negative Declaration, the proposed project will not result in a significant adverse environmental effect. 4, That the proposed retail and commercial office uses. of the site are in conjunction with one or more incentve uses as defined an Section 20.62.070 of the Municipal Code and that the incentive useoccupies atsubstantial portion of the site including parking he incentive use. 5. That the Negative Declaration and Tnitial Study are com plete and have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered indecisions on this pro- ject. 6. That the establishment of compact'parkinc gspaces will iular llbe not, under the circumstances of the pa detrimental to the health, safety;, peace, comfort and general welfare'of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 7, The approval of USO emit No. 1009 will not, under the circumstances of this caso, be detrimental to the health, safety, peace, morals, comfort and general wel- fare of persons -residing and working in the neighbor- hood or he detrimental- or'injurious to property and improvements in' the neighborhood or the general welfare of the City. -2G- .. J 0 COMMISSIONERS �- ° F U,4 ROIL CALL i 1 1 I I i I� - - - �-�'ti-lbiilll�l�llli�iws�lf3 I City of Newport Beach February B. 1979 MIN UT ES i` INDEY nd approve use Permit No. 18891 subject to the following onditions: That development shall be in substantial conformance with the approved plot.plan, floor plans and elevations, except as noted below. 2. That the design of.the off-itreet parking lot shall be subject to further review by the City Traffic Engineer and approval by the Director of Coanibnity Development. I Said plan shall provide one parking space for each 250 sq. ft. of retail dr marine sales, or office uses and two parking spaces.(including one ld`ading space) for Larson's Boat Yard on the site. A Maximum of 25 percent Ma of the required offstreet parking spaces may be for compact automobiles.• i 3. That the proposed boatslips baywardlof the property shall be utilized for boat sales or.the boat yard. No commercial slips shall be permitted, unless the re- quired number of offstreet parking spaces and restroom facilities are providedo+0-• 4. That a minimum setback of 17 feet shall be maintained for the marine way and a-40 foot setback for the stor- age track, free and clear of any obstructions. 5. A Harbor Permit shall be'secured for the proposed con- struction of the project over the water. . . J. 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. 7. That the applicant shall provide for weekly debris clean-up under the proposed water -front building. B. That the site. with the exception of the marine way, shall be graded to drain to West Coast Highway. 9., theThat applicant site asicwhichhprohibitadebris andmaintain residuecatch rom th basins boat yard entering the:bay. Said basins shall be subjec to the approval and inspection of the Marine Department. 0. That the parking areas shall be vacuum swept on a weekly basis. I 1. That the applicant shall install and maintain grease traps in the parking lot...,. -21 33 MINU I t. COUNCILME 1P < 9� ROLL CALL'• I Aes Noesn IxlxlYY�x l Xlx Motion I I x All Ayes Motion x Ayes x x x Noes x1 x x 7 Motion Ayes x Noes x x INDEX i arditig Mayor Ryckof(iopcncd the publicreuestring of Ed yard IN I i ollm it I; 19111 +f revi_ e_w bY.�ity_CQVDCiI of o r ermit the constru'-- I Robinson, Newport [leach, top include a ' "l I 1p 1310 tion of two 2-story buildings that may and light m.an rine t1821 mixture of retail, office riI on a site in the Recreation andd MNlaire Mile Specific Plan uses Commercial area of the Mariners' of an E ironmental Area, and the acceptance . modification (Use Permit No. IS39n Document arils is also re- I from the require p b aired oft -street of the required quested, since a portion Exist - parking spaces are for compact automobiles. Exist- Highway frontage of ing uses along the West Coast a portion of Larsons Shipyard the property and facility are proposed to remainon the site in , located I tsoutherly conjunction with the propose devclounriile at 2701_2703 West_ Cat Hr hwa�`tµ,een lliversidc side of West Coast Highway+ Avenue on Mariner's Mile; zoned Avenue and Tustin Plan Area No. 5. Specific �I resented from te Community A report was p h I Development Department. David Dmohowskl, Advanced Planning Administra- to stions i tor, addressed the Council in resp risf in the shipyard qL regarding the reduction Edward B. Robinson, applicant, addressed the Coun- three additional minutes for his cil and was granted presentation. The hearing was closed after it was determined that I no one else desired to be heard. 1 Councilman Strauss made a motion to overrule the and y decision of the Planning Commssion tlihcliminate a Permit No. 1889 Wotthe (a) That the project as designed w ili- portion of the boc'a�enairnand ties currently operating othcrstecandctl�e precludes I approval of this request at this time or adoption of a Local Coastal the preparation Program. of Use Permit at this of this case (b) The ,will under the circumstances time, ace, be detrimental to the health, of per - general morals, comfort, end 6 in the neighborhood residing and working or ! sons t Y or be detrimental or injurious topropel neighborhood or the improvements In the welfare of the City. ' general The motion failed. C9uptiitrita(1lfgathC(�lt?AdS_ik.LD9.tion to _sustain, the nning Cornmission andapprove decision. oS..,%hC_,Pla which motion carried. use. Perrnit.NQ?,1889, Volume 33 - Page r15 I 4 1 NOTICE OF DETERMINATION I. Da to _ February 27, 1979 ; TO: Secretary for Resources FROM: community Development Department 1400 Tenth Street City of Newport Beach Sacramento, California 95814 3300 Newport Boulevard ! Newport Beach. Calif. 92663 J Gs1 Clerk of the Board of Supervisors County of Orange P. 0. Box 687 Santa Ana, California 92702 r - SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code PROJECT TITLE: Larson's Landing' STATE CLEARINGHOUSE NUMBER (If submitted to State Clearinghouse): E CONTACT PERSON: Fred Talarico , TFLEPHONE NUMBER: 640-2197 IS PROJECT LOCATION: 2701-2703 W. Coast Highway, Newport Beach I PROJECT DESCRIPTION: Construction of two, 2-story buil,dings that may include a mixture of retail, office, and light manufacturing uses. This is to advise that the City of Newport Beach has made the following determinations regarding the above described project: 1. The project has been ® approved by the City of Newport Beach. 0 disapproved 2. The project O will have a significant effect on the environment. ® will not 3. Gc. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration is attached. DATE RECEIVED FOR FILING: irJaarico Environmental coordinator ® NEGATIVE DECLARATION TO: Q Secretary for Resources FROM: GGi ty of Newport Beach mmunity Development Uept. 1416 Ninth Street, Room 1311 C Sacramento, California 9581;4 h 00 Newport Boulevard Newport Beach, .Calif . 92663 Clerk of the Board of Supervisors X P. 0. Box 687 Santa Ana, California 92702 NAME OF PROJECT: Larsons Landing PROJECT LOCATION: 2701-2703•W. Coast Highway, Newport Beach PROJECT DESCRIPTION: The construction of 2, two-story buildings that may include a mixture of retail, office, and light manufacturing uses. FINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the pro:posed.project will not have a significant effect on the environment. MITIGATION MEASURES: i Attached i INITIAL STUDY PREPARED BY: City of Newport Beach ` INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard Newport Beach, California 92663 DATE RECEIVED FOR FILING: re a arico Environmental Coordinator Date: January 25, 1979 t Use Permit 1889 (Rev.) LARSON'S LANDING MITIGATION MEASURES 1. A Harbor Permit be secured for the proposed construction of the project over the water. 2. :The property owner approve the transfer of the Harbor Permit to the applicant. 3. A provision for weekly debris cleanup under the proposed water -front buildings ` be made. 4. Parking space be provided in accordance with the sta'I ards of the Newport Beach Municipal Code and with the approval of the Public Works Department. 5.. The site be graded to drain to Coast Highway. 6. The applicant provide on -site retention basins (i.e.:igrease traps) and for their maintenance. 7. The site be subject to a grading permit to be approved by the Department of Community Development. 8. .An erosion and dust control plan be submitted with the grading permit application and be subject to the approval of the Community Development Department. " 9. The erosion and siltation control plan be approved by the California Regional Water Quality Control Board -Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 10.• The applicant provide for weekly vacuum sweeping of all surface parking areas. 11. The applicant provide an on -site retention basin (i.e. debris catch basin) in the boat ramp area to prevent debris from entering -the bay, and to provide for continuous maintenance, subject to Marine Department inspection. 12. The final design of the project provide for the sorting of recyclable materials from other solid wastes. 13.- During construction activities that debris be prevented from entering the hay through the use of traps and containment booms provide subject to the approval of the Community. Development Department and Marine Department. 14. The existing bulkhead be certified safe for the proposed building by a Regi,.Ler-f-d Engineer. 15. The proposed marine service and repair facility be continued on the site as indicated by the site plan. 16. The applicant provide for public res:trooms with outside access. 17. The final design of the parking lot be approved by the City's Public Works Department. MARINE CHARTER PERMIT 5.16.080-5.18.005 possession of the City Manager that pertain to the grounds for revocation. Notice shall be deemed given when deposited at the United States mail, first class postage prepaid, and addressed to permittee at the address shown on the application for permit. If the permittee does not request a hearing within five (5) days, the decision of the City Manager shall be final and permittee shall have no right to appeal. In the event the permittee requests a hearing, a hearing will be held within five (5) days of the request. The permittee may appear in person, or submit a statement signed under penalty of perjury specifying the reasons why the permit should not be revoked. The City Manager shall notify permittee, in writing, of the decision within five (5) days after the hearing. This notice shall state the .reason forthe decision and advise permittee of the right to appeal to the City Council. (Ord. 86-14 § I (part), 1986). 5.16.080 Appeal. A permittee may appeal a decision by the City Manager to impose condition on a permit, denying a p� i«it, 'or revoking permit by filing a written appeal with the City Clerk within five (5) days after the date on the notice of the decision of the City Manager. The City Council may hear the appeal, or appoint a hearing officer to take evidence, and submit findings and recommendations. The City Council shall render its decision within five (5) days after the hearing or submit the findings and recommendations by a hearing officer. The decisions of the City Council shall be final. (Ord. 86-14 § I (part), 1986). Chapter 5.18 MARINE CHARTER PERMIT Sections: 5.18.005 Purpose and Findings. 5.18.010 Definitions. 5.18.020 Permit Required —Violations. 5.18.025 Exceptions. 5.18.030 Application for Permit. 5.18.035 Filing Fee. 5.18.040 Issuance of Permit. 5.18.045 Conditions. 5.18.05 0 Indemnification. 5.18.055 Transfer Prohibited. 5.18.060 Penalty. 5.18.005 Purpose and Findings. The City Council of the City of New- port Beach, in adopting the ordinance codified in this Chapter, finds and C declares -as follows: A. In the past few years, there has been a -dramatic increase in the num- ber of "bareboat" or demised charters operating in Newport Bay; 92-3 (Newport Beach 2-89) 5.18.010 BUSINESS LICENSES AND REGULATIONS B. Many of these vessels are owned or operated by lapersonst can P oxide the i have a fixed base of o do not operation on or near the Bay parking or sanitation facilities necessary to serve their clients and customers; C. If unregulated, bareboat charter activities will continue to increase the demand for available waterfront noise parking on hat ls alre occasion, havady in einterfe d� continue to generate levels oand continue to present a risk with the many residents who live on the Bay, of direct discharge of waste into the Bay; D. The requirements of this Chapter are necessary to prevent traffic cessive noise, and the discharge of waste congestion, parking shortages, ex into the Bay; by Chapter17.41 and this E. The charter activities not regulated as to have only a minimal im- Chapter are those which involve so few peop pact on the traffic, parking and noise problems associated with other charter activities. (Ord. 88-37 § 1 (part), 1988). 5.18.010 Definitions. For the purpose of this Chapter, the following definitions shall apply: vessel not inspected by the A. "Bareboat charter" shall mean any United States Coast Guard under Title .46 of the Code of Federal Regula- tions and which has been chartered for consid rat vessel ected by the United B. "Certified charter" shall mean any P States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration. C. "Chartered for consideration" shall mean a vessel which has been hired or leased by the owner, directly or through a represen at receipt of person for a voyage in exchange for the payment of money, thesomething of value, or the forgiveness of a debt. D. "Commercial fishing vessel" shall mean a vessel registered by the Department of Fish & Game pursuant to Section 7880 of the Fish & Game Code of the State of California. E. "Sailing club" shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of pleasure boats by its membership. F. "Applicant" shall mean the individual in possession and control of a vessel in the case of a bareboat charter, or, in the case of a certificated charter, the owner of the vessel 1 mean a bareboatorcertificated rmostative of e charter G. "Six pack charter shall carrying six or fewer people. " shall mean a vessel chartered solely for H. "Sportfishing charter sportfishing outside Newport Harbor. 1. "City Manager shall mean the City Manager of the City of New- port Beach, or his or her respective assignees. J. "License Supervisor" shall mean the Licensee Supervisor of the City of Newport Beach, or his or her designee. (Newport Beach 2-89) 92-4 �9 MARINE CHARTER PERMIT 5.18.020-5.18.030 { K. "Newport Bay" shall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the tidal water are privately or public owned, L. "Person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other organization or group of persons acting in concert. (Ord. 88-37 § 1 (part), 1988). 5.18.020 Permit Required — Violations. A. No person shall operate any bareboat charter or certificated charter on the waters of Newport Bay with- out first obtaining a marine charter permit pursuant to this Chapter. B. No person shall schedule, arrange, or coordinate the operation of a bareboat charter or certificated charter on the waters of Newport Bay with- out first obtaining a marine charter permit pursuant to this Chapter. C. No person who owns a certificated vessel (a vessel inspected by the United States Coast Guard pursuant to Title 46 of the Code of Federal Regu- lations) shall permit or allow the use of the vessel as a certificated charter on the waters of Newport Bay without first obtaining a marine charter permit pursuant to this Chapter. D. No person shall operate a bareboat charter or certificated charter on the waters of Newport Bay without having a valid marine charter permit on board the vessel at all times during the charter. (Ord. 88-37 § 1 (part), 1988). 5.18.025 Exceptions. The provisions of this Chapter shall not apply to the following: A. Any vessel operating pursuant to, and in compliance with condi- tions of, a valid permit issued pursuant to Chapter 17.41 of the Newport Beach Municipal Code; B. Commercial fishing vessel; C. Vessels operated by a sailing club while carrying six or fewer passengers, provided at least one of the passengers is a member of the sailing club; D. Sportfishing charters; E. Six-pack charters; F. Vessels used solely for the purpose of boat repair, maintenance or marine construction. (Ord. 88-37 § 1 (part), 1988). 5.18.030 Application for Permit. Application for permit pursuant to this Chapter shall be filed with the License Supervisor upon forms provided by the City and shall contain the following information:. ( A. The name, business address, and business telephone number of the applicant; 92-5 (Newport Reach 2-89) 44 5.18.035-5.18.040 BUSINESS LICENSES AND REGULATIONS B. The name, address and telephone number of the charter agent in the. case of a bareboat charter, or the vessel owner in the case of a certificated charter; C. All pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration. number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel, and any unique or special features of the vessel; D. A full description of the proposed charter including: 1. The hours of operation, 2. The route or routes of travel, 3. Maximum number of patrons or passengers, 4. Embarkation and debarkation points, 5. Activities to be conducted on board the charter, including any entertainment, pli 6. Description of any sound am fication proposed to be used, 7. Description and location of the parking facilities available for the charter, including any written agreement pursuant to which the applicant has obtained the rights to the parking facilities, and the method by which the applicant proposes to notify all passengers or patrons of the requirement that they park in the designated area, 8. A description of the manner in which the applicant intends to dispose of all sewage, trash and litter resulting from the charter, and 9. Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution, litter or any other matter which could adversely affect the health, safety or welfare of those who use, enjoy, or own property near, the waters of Newport Bay; E. Such other information as the License Supervisor deems reasonably necessary to determine whether to issue a permit; F. The application shall be filed no later than five (5) working days before the date the charter is to occur. Applications may be considered if: (1) filed no later than two (2) full working days before the charter is to occur; (2) the applicant demonstrates good cause for the delay in filing; and (3) the proposed charter does not require special investigation or the imposi- tion of special conditions. (Ord. 88-37 § 1 (part),1'988). 5.18.035 Filing Fee. An application for a marine charter permit shall be accompanied by a fee established by resolution of the City Council; pro- vided, however, the fee shall be no greater than necessary to defer the costs incurred by the City in administering the provisions of this Chapter. (Ord. 88-37 § 1 (part), 1988). 5.18.040 Issuance of Permit. A. Upon receipt of an application for a marine charter permit, the License Supervisor shall investigate the informa- tion contained in the application and issue the permit upon.a determination (Newport Beach 2-89) 92-6 MARINE CHARTER PERMIT 5.18.045 that approval will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near the waters of Newport Bay. The appli- cation shall be denied if there is substantial evidence that: 1. The proposed charter is likely to create noise which would adversely affect the use or enjoyment of the waters of Newport Bay by members of the public, or interfere with the rights of those who own property on or near the waters of Newport Bay; 2. The proposed charter is likely to contribute to the problem of pollu- tion or litter on and in the waters of Newport Bay; 3. The proposed charter does not provide facilities to insure adequate off-street parking, or the safe loading and unloading of passengers and supplies. For the purposes of this section, parking shall be consLdered adequate only if one parking space is provided for each three (3) passengers or the applicant can demonstrate, to the satisfaction of the License Supervisor, that fewer spaces are required because of written passenger com- mitments to carpool or use different forms of transportation; 4. The proposed charter, when viewed in conjunction :with other anti- cipated charters and marine operations, is likely to create marine traffic con- gestion or otherwise interfere with the rights of others to use the waters of Newport Bay; - 5. The applicant has misrepresented material facts in the application; 6. The applicant has, within the preceding ninety (90) days, failed to ( comply with a condition imposed on a previously -issued marine charter permit. B. In the event the License Supervisor denies the application, the ap- plicant shall have the right to appeal this decision, to the City Manager, by filing a written appeal with the office of the City Manager within five (5) working days from the date on which the applicant has notice of the deci- sion, or at least two (2) working days before the date and time of the proposed charter, whichever provides the most time for consideration of the appeal. The City Manager shall consider the appeal and render a decision within twenty-four (24) hours (exclusive of weekends and holidays) from the date of the appeal. The decision of the City Manager shall be final. C. The term of the permit shall extend only for the duration of the charter for which the permit was issued. (Ord. 88-37 § 1 (part), 1988). 5.18.045 Conditions. A. The License Supervisor may impose any condi- tion on the permit reasonably necessary to insure the proposed charter pro- vides adequate parking facilities, does not create noise, does not pollute or litter the waters of Newport Bay, does not create marine traffic congestion and does not otherwise adversely affect the persons using, working in, or living around Newport Bay. Failure to comply with conditions imposed on any marine charter permit shall constitute a violation of this Chapter. ( B. All permits issued pursuant to this Chapter are subject to the follow- ing standard conditions: 92-7 (Newport Beach 2-89) 5.18.050-5.18.060 BUSINESS LICENSES AND REGULATIONS 1. Adequate off-street parking shall be provided for all passengers on the bareboat charter or certificated charter; 2. No passenger loading or unloading is to occur at any gas dock or public dock; picked u 3. Passengers transported to or from the charter shall not be. p p from, or unloaded on, City streets; 4. All passengers shall be loaded and unloaded only from docks or piers in commercially -zoned districts; 5. No amplified sound shall be allowed to emanate from the interior of the vessel; 6. No music or sound shall be audible at a point 50 feet from, the hull of the vessel; 7. Music, live entertainment, and all forms of amplified sound are pro- hibited after ten (10:00) P.M. 8. Air horns, whistles, bells, and other noise -making equipment shall not be used; 9. All trash and litter generated by the charter shall be properly disposed of in private trash receptacle: 10. All charters shall operate in main navigational channels, as far from shore as practical, and the route of travel must be at least one hundred (100) i feet from any residence; 11. Each vessel shall be equipped with Coast Guard -approved holding tanks for raw sewage; 12. All Federal, State, County and City statutes, rules, ordinances, laws and regulations shall be obeyed. (Ord. 88-37 § I (part), 1988). 5.18.050 Indemnification. Permittee shall defend, indemnify, and hold City harmless from and against any loss, liability, claim, damage or injury icated for -that is in any way related to the batobthis charter ro certi 88 37 §harter I (part), Which a permit is granted pursuant 1988). 5.18.055 Transfer Prohibited. No permit issued pursuant to this Chapter shall be transferred, sold or assigned. Any attempt to transfer, sell or assign the permit shall render the permit void and of no force and effect. (Ord. 88-37 § 1 (part), 1988). 5.18.060 Penalty. Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 88-37 § 1 (part), 1988.). i (Newport Beach 2-89) 92-8 q J 17.40.090-17.41.005 HARBOR REGULATIONS (b) The houseboat marina has become a source of pollution of the harbor. (c) The facilities of the marina or the houseboats located therein have fallen into a state of disrepair. (d) Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this Chapter. (Ord. 1029 (part), 1963: 1949 Code § 8705). 17.40.090 Administration of Chapter — Appeal. The provisions of this Chapter shall be administered by the Community Development Director in coordination with the Marine Director. Any aggrieved person may appeal any decision of the Building Official to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date on which notice of the decision is mailed to the applicant. The City Council shall make a decision on the appeal within thirty (30) days -and such decision shall be c , , c. 1 10 1 , , o. Or , � "part' final. (Ord. 1602 s_ 11, 177': Ord. 1')06 § 11, i9�o. vtU. 1v29 li 1, 1963: 1949 Code & 8706). Chapter 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR* Sections: 17.41.005 Findings and Purpose. 17.41.010 Definitions. 17.41.020 Permit for Commercial Activities Required. 17.41.025 Exceptions. 17.41.030 Application for Permit. 17.41.040 Filing Fee. 17.41.050 Issuance of Permit. 17.41.070 Power to Impose Conditions. Hold Harmless. 17.41.080 Duration of Permit. 17.41.090 Revocation. 17.41.095 Appeal. 17.41.100 Transfer of Permit. 17.41.1 10 Licenses and Fees not Exclusive. 17.41.120 Application to Existing Activities. 17.41.005 Findings and Purpose. In adopting this Chapter, the City Council makes the following findings: (a) There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach, and 'Prior ordinance history: Ords. 1345, 1573, 1602, 1612, 1759 and 1766. (Newport Beach 3-85) 368 COMMERCIAL ACTIVITIES. HARBOR 17.41.010-17-41.030 (b) This commercial activity has created an additional demand for available parking and created traffic congestion in and around the water- front; and (c) On occasion, this commercial activity has created an unreasonable level of noise which has interfered with the riglit of persons who own prop- erty on or near Newport Bay to the peaceful enjoyment of their property and (d) This commercial activity has the potential to interfere with the I free -flow of boats and vessels operating on waters of Newport Beach and. the potential to increase the amount of pollution litter on and in those waters: and (e) In adopting this Chapter, the City Council intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach are not adversely affected by commercial activities con- ducted on those waters. (Ord. 84-29 § 1 (part), 1984).. 17.41.010 Definitions. (a) For the purpose of this Chapter, the term "waters of Newport Beach" shall mean all waters within the corporate limits of the City of Newport Beach and within which tile tide ebbs and flows, whether or not the ordinary or mean Ili�,h tide line of the Pacific ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the tidal water are privately or public owned- ( (b) For the purpose of this Chapter, the terns "commercial activity shall mean any service, trade, business or occupation carried on, for which any monetary or other valuable consideration is received, or for the purpose of profit. (Ord. 84-29 § 1 (part), 1984). 17.41.020 Permit for Commercial Activities Required. No person shall engage in, or conduct, any, commercial activity on the waters of Newport Beach, unless that person has obtained .a permit for such activity pursuant to the provisions of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.025 Exceptions.. The requirements of this Chapter are not ap- plicable to the followinD: - (a) Commercial fishing activities; (b) Boat repair and maintenance services; (c) Marine construction or contracting services; or i (d) Vessels used in conjunction with an exempt activity shall also not be used for office purposes unless such use is specifically authorized via per- mit issued pursuant to this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.030 Application for Permit. An application for permit under this Chapter shall be filed with the Marine Director; upon forms provided by the City, and shall contain the following information, and such other informa- C tion as the City Council may require: 368-1 (Newport Beach 3-85) 17.41.040-17.41.050 HARBOR REGULATIONS (a) The name, business address and business telephone number of applicant: (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business: (c) The name, address and telephone number of the person, or persons, who will have Reneral management responsibility for applicant's business, (d) A detailed drawing of the boat, watercraft and/or other facilities applicant proposes to use, together with such specifications and other tech- nical data as may be needed for proper evaluation of the application., (e) A frill description of the proposed method of operation of such. vessel, watercraft and/or other facilities, including but not limited to: 1. Hours of operation, '. Maximum number of patrons or passengers, 3. Route or routes of travel, 4. Embarkation and debarkation points, 5. Type of activities permitted on -board, 6. Type of merchandise sold, (f) A description of the manner in which applicant intends to dispose of sewage, trash and litter resulting from the operation: (a) A description of the type of entertainment applicant proposes to provide, if any: 1111 A description f liapplicant proposes - l�� � desf;r ip�ivil ^v. any sOlind aill]l,if icatl011 w111C11 to use: (i) A description and location of parking fa�:ilitics available for the pro- posed operation. 0) Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution, litter, or any other matter which could adversely affect the health, safety and welfare of those who use, enjoy or own property near the waters of Newport Beach. (Ord. 84-29 § I (part), 1984). 17.41.040 Filing Fee. Ail application for a Commercial Harbor Activities Permit shall be accompanied by the fee established by resolution of the City Council. (Ord. 84-39 § I (part), 1984). 17.41.050 Issuance of Permit. Upon receipt of an Application for Com- mercial Harbor Activities Permit, the Marine Director shall investi=ate the information contained in the application. The Marine Director may refer the application to the Planning Department or other appropriate City depart- ments, or to tile Orange County Sheriff's Harbor Patrol for investigation. report or recommendation. Except as provided in this section, the Marine Director shall issue the Permit upon a determination that approval of the Application will not ad- versely affect the health, safety or welfare of those who use, enjoy, or own propety near the waters of Newport Beach. (Newport Beach 3-85) 368-2 4b COMMERCIAL ACTIVITIES, HARBOR 17.41.070 The Marine Director shall deny the Application if: (a) The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Beach by nlcnlbers of the public, or interfere with the rights of those who own prop- erty near the waters of Newport Beach to the peaceful and quiet enjoyment of that property: (b) The proposed commercial activity is likely to contribute to the problem of pollution and litter on and i❑ the waters of Newport Brach: (c) The vessel or craft to be used by the Applicant does not satisfy the applicable standards of the U.S. Coast Guard-. (d) The proposed commercial activity is likely to create marine traffic congestion, or otherwise interfere with the rights of others to use the waters of Newport Beach: and (e) The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe load- inv and Unloading of passengers and supplies. The Marine Director shall notify Applicant of his decision within 90 days from the date on which the application is submitted. (Ord. 84-39 § 1 (part), 1984). - 17.41.070 Power to Impose Conditions-, Hold Harmless. In �_,rantinu any permit pursuant to this Chapter, the Marine Director, or the City C Council on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of the waters of Newport Beach, the rights of other persons using the waters of Newport Beach, the interests of residents and property owners whose properties abut or are in close proxi- mity to the waters of Newport Beach, and the interests of the !general public. Any such permit shall contain a provision stating that the permittee shall hold the City, the County of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against, any claim for damages arising, out of the exercise of the permit. in addition, the permittee shall reimburse said agencies for all attorney's fees and other costs which are ex- j pended by them in defending against any claim, lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. The Marine Director or City Council, on approval or review, shall have the power to impose new conditions or modify existin,; conditions with re- tard to any permit issued pursuant to this Chapter upon a determination that the operations by permittee, in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. (Ord. 84-''9 § I (part), 1984). 368-3 (Newport Beach 3-ri5) 17.41.080-17.41.100 HARBOR REGULATIONS 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid until terminated or revoked. (Ord. 84-29 § 1 (part), 1984). 17.41.090 Revocation. Any permit granted pursuant to the provisions of this Chapter may be revoked, by the Marine Director, in whole or in part, upon five days' prior written notice to permittee, directing, the permittee to appear at the time, date and place specified in the notice to show cause why the permit should not be revoked. The notice shall specify the reasons for the proposed action. A permit may be revoked on any of the following grounds: (a) That the permit holder has made a misrepresentation as to any !na- terial fact set forth in the application: (b) For the violation of any law, rule or regulation of the United States, the United States Coast Guard, the State of k-a►itornia, f'lie City Newport Beach, the County of of Orange or fire Ora!tRe County Sheriff's Harbor relating to the commercial activities authorized by any permit issued pursuant to this Chapter-. (c) That the commercial activities of permittee adversely affect the health, safety or welfare of those who use, enjoy or own property near -the waters of Newport Beach: (d) That tltc commercial activities of permittee fall within the criteria for denial of an application, as set forth in subparagraph (a), (b). (c), (,(I) or (e) of Section 17.41.050. (Ord. 84-29 § 1 (part), 1984).. 17.41.095 Appeal. Any applicant aggrieved by a decision of the Marine Director may appeal to the City Council. The appeal must be in writing, filed with the City Clerk within 15 days from the date on which notice of the action by the Marine Director was deposited in the U.S. Mail, and must set forth the facts and circumstances that form the basis of the appeal. The City Council may preside over the hearing on appeal or, in the al- ternative, may appoint a hearing officer to receive all relevant evidence and to prepare findings and recommendations to be considered by the City Council at a regular meeting held within 60 days from the date of the hear- ing. The City Council shall determine the merits of the appeal and may sustain, overrule, or modify the action of the Marine Director. The decision of the City Council shall be final. (Ord. 84-29 § I (part), 1984). 17.41.100 Transfer of Permit. No permit issued pursuant to the provi- sions of this Chapter sliall be transferable either by assignment, sale, hypo- thecation, operation of law or otherwise without permission of the City Council having first been obtained. Application for transfer of any permit Shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the City Council may impose such conditions as it may determine are in the public interest. (Ord. 84-29 § 1 (part), 1984). (Newport Beach 3-85) 368-4 I COMMERCIAL ACTIVITIES, iIARBOR 17.41.110-17.41.130 17.41.110 Licenses and Fees not Exclusive :'Fees and permits required by this Chapter sliall be in addition to any license, permit or fee required under any other Chapter of this Code or any other provision of law. (Ord. 84-29 § 1 (part), 1984). 17.41.120 Application to Existing Activities. The commercial activities of those holding permits issued prior to the effective date of this Chapter may be continued to the extent authorized by permit or prior ordinances. but the permittee shall not increase, or expand activities beyond those which are conducted on the effective date of this Chapter. unless an amendment to the permit has been approved by the Marine Director or City Council on appeal Any person, firm, corporation or other entity conducting any com- mercial activity on the waters of Newport Beach on the effective date of this Chapter, who does not possess a valid permit issued pursuant to this Chapter, shall apply to the City for such a Permit not later than ninety (90) days from the effective date of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.130 Misdemeanor — Public Nuisance. (a) Any person violating, the provisions of this Section shall be guilty of a misdemeanor. Any person con- victed of a violation of this Section shall be punishable by a fine of not more than 5500.00, or by imprisonment in the County jail for a period not to ( exceed six months, or by both such fine and imprisonment. A- person \ violating the provisions of this Chapter shall be guilty of a separate offense for each day durin_" which any violation is committed. (b) In addition to the penalties provided in subsection (a), any condi- tion caused or permitted to exist in violation of any of the provisions of this Section sliall be deemed a public nuisance. (Ord. 84-29 § I (part), 1984). 368-5 (Newport Beach 3-85) Pacific Avalon Marine, Inc. March 13, 1991 Mr. Jay Garcia Senior Planner 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92658-8915 r TY OF. N-EV1PORT BEAU` h�AR 1 �` 1901 AM P 7t8Q9j10i111121112i3 i41516 Subject Location: 2739-2727 West Coast Highway Newport Beach Subject: Use permit 1889 and review use permit for assembly room Dear Mr. Garcia, The purpose of the request for change of the use permit is to al- low activities required for the operation of a wedding chapel and, as a public assembly area in conjunction with charter activities, in addition to the current use. PACIFIC AVALON MARINE has obtained thru lease an additional off site parking lot on the base of 24 hours a day 7 days a'week at rear of Waterfront Homes, Inc. building at 2436 West Coast; Highway. Please see attached lease. It is estimated that 70 parking spaces are available at the above lot. I have to mention since PACIFIC AVALON MARINE relocated its facilities from the Charthouse property to Larson Shipyard licensing Bureau has reviewed parking facilities at 2729 West Coast Highway (current location of PACIFIC AVALON MARINE).',. 2729 West Coast Highway, Newport Beach, California 92663 V (71 4) 548-9381 r`hx: (714) 548-9382 Thru the lease agreement PACIFIC AVALON MARINE has access to all the parking spaces at Larson shipyard after 5 p.m. Monday thru Friday and all day on Saturday and Sunday allowing spaces for other tenants. It is estimated that there are 40 parking spaces available at Larson Shipyard. If you have any questions please feel free to call me at 713-548- 9381. Sincerely, PACIFIC AVALON MARINE John Gueola President cc: Ted Robinson (Bertha Robinson Partnership) Attachment JG:bc r 5- 1. PARTIES: This Lease is made and entered into this thirtieth day of November 1990 by and between Gilbert and Patricia Poerster. husband end wife as -rT __ (hereinafter referred to as "Landlord") and v Roy King.. (hereinafter 'referred to as "Tenant" ). 2. PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditlons hereinafter set forth, that certain real property and the building and other improvements located thereon situated in the City of NEWPORT BEACH , State of CALIFORNIA commonly known as 2436 W. Coast Highway, Newport Beach, Ca. 92663 and described as Parking spaces at treear,ado'f Waterfront Homes,Inc.,` buildin tmn ms n opal a"e"Puonl at 2436 W. Coast Highway, for seven days per week. SEE EXHIBIT "A" (said real property is hereinafter called the "Premises"). 3. TERM: ONE YEAR-12 mo December• 1 1990 The term of this Lease shall be for commencing on and ending on November 30,1991. midnight. 4. RENT: Tenant shall pay to Landlord as rent for the Premises, the sum of Two thousand, five hundred dollar: ($ 2500.00 ) dollars per month, in advance on the first day of each month during the term hereof'. Rent shall be payable without notice or demand and without any deduction, off -set, or abatement in lawful'money of the United States to the Landlord at the address slated herein for notices or to such other persons pr such other -places as the Landlord may designate to Tenant In writing. TOTAL RENTAL FOR ONE YEAR LEASE TO BE $30,000. - - WOLCOTTS FORM 983—LEASE—GENERAL (Long Form) —Rev. 9.84a 01y0LC01T5, INC. 1984 _ (price class 21 This standard term IS Intended for the IyplCal situations encountered In the Held Indicated. Nowmr, before yoy sign, read N, 81l In All Planks, and make - whatever Changes are aoproprlate and necessary to your Particular transaction. Consult a tawWr 0 you doubt the form's filoess for wur OprPase and as• * r---------------�__ �_ �_ .......... -��a.err.uri���.�.r�rrrrrrririir�rr�rrr 11. SURRENDER: '14On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage by fire and the elements excepted. 12. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the i1 term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month -to -month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month to month tenancy. - 13. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. The terms, covenants conditions and of this Lease shalt be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns. 14. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, It shall be in writing and served either personally or sent by registered or certified United States mall, postage prepaid, addressed at the addresses as set forth below: TO LANDLORD AT: 2436 W. Coast Highway Newport Beach,Ca.92663 TO TENANT AT: Roy King 2729 W. Coast Highway Newport Beach,Ca. 92663 Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided for In this paragraph, . 15. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 16. TIME: Time is of the essence of this Lease. 17. Tenant shall not conduct or permit to be conducted any sale or auctton activttypremises. i8. The yarktng lut is to be used for operattonal vehicles or "coming and for going," parking, not si-orngP ThP nfnrAga washing, polishing or maintenance of any car, truck, boat, 19 Tenant is responsible for removal of vehicles ha haVe remained on the parking area for over 24 hours. 20. Tenant is responsible for identifying tickets or stickers to clearly show their right of occupancy to park. k 21 Tenant agrees to indemnify and hold the Landlord harmless of ' and from any and all claims, demands, liens, liabilities of every kind and description, or loss for injuries to any person F" or persons or damage to the premises or to the personal property of other persons arising from any act or omission of` the Tenant, his employees and agents or their guests orinvitees. ' 22: Tenant at his sole cost and expense, but for the joint benefit of Landlord and Tenant, shall procure and maintain in full force and effect during the term hereof, the following insurance coverage.' Public z Liability -insurance with limits of not', less than one million dollars (1,000,.000.) in respect to injury or death to a single person. 23. Tenant shall have 'access to uncovered parking only. No parking shall be permitted in existing carport area (6 covered spaces).. See Exhibit "A" for designated areas of permitted parking. 24. Tenant is to be aware that the City of Newport Beach may be widening the rear access on Avon St. J-1 11 140MIN6 FOUND -- Rolm ING S'F--r iNsT. 87-047530 0- R. oR.210A -:11 Poirnoo or A --Ass ^ A46,U If) rem —4 Sl ta 0% 030111T o LLI LU U) m ' m 2r �� l ' ' 57-10' -7-5.00 50.00' so -0 zo 0 w 50. 5-my L-wr 0A I Or A, 7C. 919 1 �� C; o m / a, l� l f�d�,TATE OF CALIFOI �#t'%c? U 14LIvj,&,( 911170f 11 'ITY OF Pacific Avalon Marine, Inc. - MAR N, i9s1 AM 71819110111111121314t5,P1', March 20, 1991 Mr. William Ward Senior Planner 3300 Newport Blvd: Newport Beach, CA 92658 Subject: Use Permit 1889 Dear Mr. Ward, It has come to PACIFIC AVALON MARINE's attention that thru the hearing for use permit 1889, the subject of 225 passenger daily using PACIFIC AVALON MARINE facilities has become a great deal of attention of the planning department. I would like to take this opportunity to bring some fact to your attention. PACIFIC AVALON MARINE has been operating since 1988 from Larson Shipyard at 2729 West Coast Highway. Prior to 1988 PACIFIC AVALON MARINE was operating from Charthouse on Coast highway. When the planning department approved the use permit to allow Charthouse to operate a restaurant at its facility, PACIFIC AVALON MARINE was informed by the city that it cannot operate from this location past 5 p.m. in the evening. Respecting the decision of the planning department for a better parking arrangement thru the city of Newport Beach, PACIFIC AVALON MARINE decided to move to 2729 West Coast Highway. PACIFIC AVALON MARINE prior to signing any, lease with the proprietor of Larson Shipyard, contacted the Licensing Department, Planning Department and Traffic Division of the City of Newport Beach. Through the lease agreement PACIFIC AVALON MARINE has access to all the parking spaces at Larson Shipyard after 5 p.m. Monday thru Friday and all day on Saturday and Sunday allowing spaces for other tenants. It is estimated that there are 40 parking spaces available at -Larson Shipyard. As you are aware a few years ago the City of Newport beach requested that all commercial locations install a pump -out station. PACIFIC AVALON MARINE praised that ordinance . 2729 West Coast Highway, Newport Beach, California 92663 (714) 548-9381 ifhx: (714) 548-9382 Mr. Wes Armand from the Marine Department was more than welcome and invited to PACIFIC AVALON MARINE at any occasion to inspect the usage of our pump -out facilities for every Chartered yacht that berth in our marina (example, B.P. John II, Lady Newport; Avant Garde, Spirit of Newport, Seapeace, Midnight Contes`sa and others). Around September 1990 Spirit of Newport and Lady Newportwith.a capacity of 150 and 50 moved respectively to PACIFIC' AVALON MARINE. As is our policy, we contacted Mr. Armand to ins:pect the pump -out usage by these two new yachts. PACIFIC AVALON MARINE also informed Mr. Glen Everroad with the Licensing Department of these addition to our marina. Basically Motors yachts B,_P. John II, Spirit of Newport, Lady Newport were berthed in our marina at September 1990. i PACIFIC AVALON MARINE would like to inform you that yachts in the harbor do not have a permanent berth, it is a fact since•January 91, B.P. John II is berthed at Lancer landing B.P. John'II is , a 103 foot feadship. Numerous times in the past, Mr.Everroad has informed the Lancer Landing Marina manager and the yacht charter' companies that the maxiumun length yachts allowable is only 64 feet by the requirement of planning division. At this time a 103 feadship with capacity 105 guest is berthed there. Spirit of Newport with the capacity of 150 guest is operating from the Balboa Bay Club as a new charter company. PACIFIC AVALON MARINE's understanding is that only in the past .through the zoning, only private charter for the Balboa Bay Club's members were allowed. However, now Balboa Bay Club 1'5 doing direct charter to the public. At this time Balboa Bay'plub is capable of running close to 300 non member guests daily thru its facility since some charter yachts like Spirit of Newport,'Bella; Greek Isles and other berthed there. Lady Newport is sold'and it is San Diego. Finally the only charter berthed in PACIFIC AVALON MARINE at this time is Seapeace with 30 guest capacity. PACIFIC AVALON MARINE was given a notice from Mr. Tony Mellum that required us to obtain a permanent parking facility by December 1, 1990. If not all operation would be ceased from its location. It was our duty to comply with the City of Newport Beach's demands. 2 PACIFIC AVALON MARINE obtained through lease an additional off site parking lot on the base of 24 hours a day 7 days a week at the rear of Waterfront Homes Inc., building at 2436 West Coast Highway. It is estimated that 70 parking spaces are ava-i-lable at the lot. PACIFIC AVALON MARINE would like introduce some new yachts to the harbor once the docks are redone. Being in contact with the public the idea of yacht charters it seems delightful to them, which in return brings more income to the City of Newport Beach . Thus all clients indirectly compliment the staff of the City of Newport Beach by praising our beautiful city "a heaven in the congested Southern California." In our initial research the following charter companies are managing or operating the following loading facilities. Charter Co. & Location Yacht Name & Capacity Length 1.) Newport Yacht Charter Brisette 85 cap. 90' Operating out of Delany's Regentsea 150 cap. 110' the Length of dock Dendeanna 150 cap. 110' in this marina is only 45' 2.) ORCA Yacht charter Orca 50 cap. 75' Operating out of John BP John II 105 cap. 103' Dominos & Lancer Landing Crystal 150 cap. 110' John Dominos dock was Colombiana 60 cap. 90' altered without city approval. 3.) Catalina Passenger Calatina Flyer 300 cap. 112' out of Balboa Pavillion Pady Under Grand Father close Pavillion Queen 4.) Hornblower Hornblower Yachts 60'-140' Mariner's Mile From 30 cap. to 500 cap. Spike Africa 30 cap. 5.) American Yacht Charter Taho Celebration 50 cap. 60' out of Delany's 6.) Admiral Yachts Gallant Lady 50 cap. 60' John Dominos Marina Managed by Admiral Yachts 7.) Balboa Bay Club 8.) Island Destination Charthouse dock q_) Irvine Coast Charter Lido Marina No pump out station 10.) Activities Inc. Lido Marina 11.) Adventure at sea Bella 30 cap. 90' Spirit of Newport 150 cap. 95' Greek Isle 50 cap. 70' Without making the matter complicated it is a fact that all above charter companies have access to chartering all above yachts. Plus any approved yachts by Mr. Armand for Charter Services. PACIFIC AVALON MARINE, the Charthouse, Delany's, John Dominos, and Hornblower are the busiest docks in this harbor. In conclusion PACIFIC AVALON MARINE will support and praise the fact that all charter companies should obtain a permanent parking facility, restroom facilities and dumpster to comply with the city demands. Once again thank you for letting PACIFIC AVALON MARINE express its opinion and goals. Please if you have any questions do not hesitate to call me at 714-548-9381. Sincerely, PACIFIC AVALON MARINE John Gueola President February 6, 1991 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH DEB: 8 1991 AM pM �t8t9t�t t I ,12t3t415t6 property I'm the long-term Lessor of the property known as Port Calypso at 2633 West Coast Highway. I'm writing tor express my comments and concerns with regard to those matters concerning Use Permit 188.9 on the property adjacent to mine at 2703 West Coast Highway that -are currently being "reviewed by the Planning Department and Planning Commission. 1 r Although my current concerns focus primarily on the impact that a high customer volume, large commercial.: vessel charter.: operation operating next door to my Port Calypso property has , on, my property; -I have also experienced the impact of such an operation as` an office`_ tenant at-Larson's Shipyard. From September of 1981 until September: of 1990 a - company that I own, Calypso Sailing Association and Sailing Schools;' leased!`°office- space at Larson's Shipyard. However, primarily because of disruptive interference and damage to my normal business operations as a result of Pacific Avalon's intensified customer use of the property and, in my opinion, their. disregard. for the reasonable business rights of others, we opted to relocate .our offices'.: Rather Rather than rehash the problems that we had while a tenant at Larson's after the arrival of the Pacific Avalon charter operation, .I've enclosed copies of certain past correspondence relating to- those problems. I've highlighted the sections that I think are most-"pertenient to -the review. at hand. As you can see on page two of my July 14,: 1989, letter, I .raised :the same questions concerning conditions number :.3 'and 15 of Use' Permit 1889 that are now being reviewed at the direction. of the- City Council. c»CY7 Vxl f'nAc'r u11-uXuAv s NFxvDnD,r RFAC'.H C'.AI-IFn12NIA 92665 0 7 14/6)45-7 100 Returning to my perspective as the landlord at Port Calypso, the problems that I have been plagued with during the two to three years that Pacific Avalon (Avalon) has operated at Larson's are as follows: 1. Numerous and continued infringements on my Port Calypso parking lot by employees, vendors and customers of Avalon. In this case the root of the problem is the lack of sufficient on -site parking to accommodate the volume of parking demand that is created within a very brief window of time. That is to say that, unlike a fixed base restaurant operation where employees, vendors and customers typically arrive over the entire period that the restaurant is open for the conduct of business, a restaurant/party type of charter operation such as this floods the associated property with all three categories of persons and vehicles within a very short period of time (usually an hour or less) since, if they don't arrive within the designated time, they literally miss the boat, the meal and/or the party. These logistical problems are then compounded by ingress/egress and traffic flow complications resulting from the proximity of the parking lot in question to Coast Highway and the fact that its original design did not contemplate this high volume and category of use. If one pictures a random group of about 150 to 250 people in from 50 to 85 cars descending (in a 30 to 60 minute time frame) upon a 35 space parking lot that may be 50 0 or more occupied (by customers and employees of tenants other than the charter company they are patronizing) when they arrive. And, then i__._ U,.,,. +►.,;- .7.� „rrn of panple in a big pictures the impact on nearby properties w11C11 L11101 a.aclu&_ hurry overflows the primary lot and goes into a panic parking mode because they're not sure how to find the designated alternate parking, you'll have a good picture of why I am opposed to any formal approval of any use on the Larson's property that sanctions this type and intensity of use. 2. Over the past couple of years the small boat docks on my property that lie along the easterly edge of Larson's water space have been repeatedly damaged by the frequent pounding that they take when large and heavy vessels such as those used for an Avalon type of commercial charter operation (80' - 100' vessels) attempt to dock in the side tie on the easterly side of the Larson's Shipyard property marina. In addition, two small vessels that at different times occupied an exposed slip on the westerly side of my marina have been damaged by subject large vessels trying to back into an area that simply is not designed and was not originally intended for use by 80' to 100' vessels. My concern is that if the proposed "large vessel" charter operation at Larson's is officially approved and, as recently proposed, the owner of Larson's is then required to modify his docks for heavy commercial use -(i.e. stronger pilings, wider dock fingers, etc.) , my adjacent docks and boats would still be unprotected and would continue to be subject to damage from large vessels docking in the adjacent waterway. I therefore request that, in the event that the Larson's use permit is modified to allow the proposed commercial charter operation and if, as a by-product of this approval, commercial grade docks are required at Larson's, that they also either - a. Be required .to install - their easterly dock finger along the property line so as to- buffer the docks and boats on my property. b. Or, be required to install three to four. commercial grade pilings along the easterly line of their water space so as to shield my docks and boats from direct contact by large commercial vessels operating in Larson's marina. Thank you for this opportunity to correspondence with you on this matter. Please call me at 645-7100 if you have any questions. ySincerely PORT CALYPSO cc: Tony Melum, Tidelands Administrator ?, Inc. SoilingAssocianul 1 September 5, 1.989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768 Newport Beach, Ca. 92658 Dear Mr. Everroad: Charter Management On the 29th of August, in anticipation of Pacific Avalon operating a charter pursuant to the permit that you showed on file, I assigned one of my employees to monitor the parking situation at Larson's and at my Port Calypso lot during the hours listed on the permit. As it turned out, they did not board a charter at Larson's that afternoon but our monitoring of the lot raises an interesting question regarding their being permitted to list the Larson's parking lot on their -permit applications for approval of up to 100 person charters. At 5 : 00 p . m on the 29th, the intended beginning hour of the charter that was listed on the permit, we counted 20 vehicles belonging to employees and customers of the various tenants at the Larson's Shipyard property. Obviously, had the charter come off as planned, this would have led to at least 20 Avalon customer cars scrambling for parking places at some other location (such as my lot next door) . Therefore, it seems to me that the current interpretation of Avalon's parking rights at Larson's for permit purposes needs to be reviewed. It's a fact that, even if it was not a violation of the use permit, the agreement that Avalon has with Larson's gives them access during specified hours only to the parking spaces that are not being used or are not going to be needed during the period by the employees and customers of other tenants with parking rights at Larson's. Consequently, at those times, Avalon, in actuality has access to from 3 to 35 spaces with no assurance as to what the actual number will eventually turn out to be. So, it follows that any permit issued on the basis of parking availability that assumes in advance that the parking needs by all other tenants will be zero is not realistic and, therefore, is unfair to those tenants, unfair to adjacent parking facilities and not in keeping with the intent of the regulations governing such matters. 714/645-7900 97�1AI Cnr7stlNinhwov New,cort6e9-cch, CA 663 ? I'd appreciate it if you would reassess your policy of issuing Pacific Avalon permits based on parking spaces that they really have- access to only if -the rightful parties are not in need of them at the time. On a separate but related matter, I asked your assistant on Friday, 9/1, if Pacific Avalon had any charters scheduled during the long weekend and she advised that one permit was on file for Saturday, 9/2. This charter did go out as listed but there were also two charters by Avalon on the Pacific Adventure on Sunday, 9/3, that apparently were not on file, unless they were overlooked by your assistant when I obtained my information. Thank you for your continued assistance in these matters. Sincerely, Jim Parker, President CALYPSO MARINE, INC. Inc. SailingAssoci� July 14, 1989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768 Newport Beach, Ca. 92658 Dear Mr. Everroad: Charter Management I'd like to thank you for your help with the valet parking problem at Larson's Shipyard last summer. Due to your efforts and those of the City Attorneys office, I'm pleased to find that Avalon Pacific Charters has not resumed their valet parking operation this summer and I have therefore been relieved of the adverse impact that the valet situation was having on my customer relations. However, I'd like you to know that Avalon Pacific is still playing a few games with the parking situation such as placing a sawhorse in the middle of the driveway on some weekend days in a way that, although there is still room on each side to pass, tends to imply that the lot is closed or restricted in some way and thereby discourages unknowing customers of the other businesses on the property from turning into the parking lot. Also, the sawhorse obstruction is potentially dangerous since it could cause slowing and turn -in confusion in the traffic lane on Coast Highway. Actually, while I thought that you might want know about the sawhorse problem so that you can direct the information to the appropriate city department for possible remedial action, my real purpose in writing you at this time is to challenge any claim by Avalon Pacific in connection with their Commercial Harbor Activities Permit applications to more parking rights than those granted by the use permit for the property (Use Permit #1889) . Avalon Pacific is currently operating under the provision of their lease with the Bertha -Robinson Partnership (copy of pertinent section enclosed) that, in part, states, "Tenant (Avalon Pacific Charters) to have control and access of all parking after 5:00 p.m Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time". This special granting of control and access, I believe, is contrary to the letter and intent of the use permit which states in condition number two that the parking plan for the property will provide one parking place for each 250 sq. ft. of retail or marine sales, or office space. Which then translates to a maximum of three spaces for the office space j (o occupied by Avalon Pacific rather than what, in practice, amounts to access arid V control of the entire parking lot during the specified times. ; i Taking it a step further, there 'is- some question in my mind that- use ,permit conditions number three and fifteen even permit a charter business such as Avalon Pacific's to operate from the marina without an approved modification of the original parking and restroom facilities plan. In any event, it's inevitable that the other tenants on the property (approximately 10) are going to suffer a loss of their parking rights when a tenant with parking rights for three spaces and a charter business that may require as many as 50 or more spaces for Harbor Permit purposes is given direct control of the parking lot. And the portion of. the Avalon Pacific lease provision that states that other tenants and their customers will be allowed free access is an empty protection because what it really comes down to is that the rightful parking spaces of other tenants are available only if they get to them before Avalon Pacific fills up: the lot with charter customers and, even then, they are likely to be hassled by Avalon Pacific personnel. I certainly do not believe that the City Council in approving Use Permit 1808 intended it to be this way and, if you agree, I'd appreciate your assistance in helping me to correct this inequitable situation. Sincerely, Jim Parker, President CALYPSO MARINE, INC. 0 1.?. I;:•. uL;Jitton to other remedies available in the Lease, Landlord shall have the option to cancel this option to rent slip space portion of the Lease if slip 1 and/or office rental is more than thirty (30) days past due on any payment during the term or extension of either office or slip space. E. Tenant shall abide by the License Agreement and the Rules and Regulations of The Bertha -Robinson Marina, which documents are attached hereto ai'Exhibit "D". 34. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat charter during normal week -day work hours shall not park in the Larson Shipyard parking area. Normal work hours are to be 9:00 a.m. to 5:00 p.m. Monday through Friday. Tenant to have control and access of all parking after 5:00 p.m. Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time. Further, Tenant understands that Landlord is not familiar with the requirements for a boat chartering operation; therefore, it shall be Tenant's sole responsibility to insure that such an operation will be permitted from these leased premises, prior to Tenant's execution of this Lease. THE BERTHA-ROBINSON PARTNERSHIP, a California General Part ip d B. Robinson, General PartA66 (DAte) Robert 0. Briggs, Attorney -in -Fact (Date) for Albert Frederic Bertha & Brian Andrew Bertha, General Partners, pursuant to Power of Attorney dated 07-23-84 T EivAN T : AVALON PACIFIC YACHT CHARTERS, INC., a California corporation Jo Gall n esident (Date) Wsl�l N ", Ts Hn to- MEMORANDUM CITY OF NEWPORT BEACH PLANNING DEPARTMENT April 4, 1991 TO: Planning Commission FROM: W. William Ward, Senior Planner SUBJECT: Boat Chartering Restrictions on Various Projects within the City At its meeting of February 21, 1991, the Planning Commission was involved in a discussion concerning various boat chartering operations at different locations within the City. As a result of that discussion, the Planning Commission requested staff to provide additional information concerning the location of all the boat chartering operations within the City, with specific interest directed toward the boat chartering activities at the Mariner's Mile Marine Center. 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 Planning 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 to the establishment of a boat charter operation. Thesezhocations are th1dVHarbor Club at 3333 West Coast Highway, the 28th Street Marina �prolect at 2600-2700 Newport Boulevard, and Mariner's Mile Marine Center * , 39-2507 West Coast Highway. It should be noted that in the case of the Mariner's Mile Marine Center, Hornblower Yachts was inadvertently permitted to establish a boat chartering facility without the Planning Commission's approval even though Site Plan Review No. 41 required such an approval. However, Hornblower Yachts was required to obtain approval of a Commercial Harbor Activities Permit by the City Council which they obtained on May 23, 1988 (copy attached). Therefore, the approval of the facility was obtained by formal review and approval by the City via Chapter 17.41 of the Municipal Code. Should the Planning Commission determine that they should consider the boat chartering activity at the Mariner's Mile Marine Center, they should direct staff to schedule a public hearing and inform the boat charter operator and the property owner accordingly. However, should the Planning Commission determine that the previous action of the City Council pertaining to Hornblower's Commercial Harbor Activities Permit is sufficient, no further action is necessary at this time. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By are W. Will am Ward Senior Planner Attachments: List of approved charter boarding locations Copy of City Council staff report from the Marine Department regarding the Commercial Harbor Activities Permit for Hornblower Yachts Excerpt of the City Council minutes dated May 23, 1988 for Hornblower Yachts' Commercial Harbor Activities Permit APPROVED CHARTER BOARDING LOCATIONS MARCH 1991 BALBOA PAVILION 400 MAIN ST. 673-3014 *,FUN ZONE BOAT CO. 705 EDGEWATER 673-0240 *)CANNERY RESTAURANT 3000 LAFAYETTE 675-5777 3010 LAFAYETTE LIDO VILLAGE NEWPORT SAILING CLUB 3432 VIA OPORTO 675-7100 WINDWARD SAILING CLUB 3400 VIA OPORTO 675-9060 ACTIVITIES INC. 3366 VIA LIDO SLIPS 207-209 675- IRVINE COAST CHARTERS 3388 VIA OPORTO SLIPS 212-213Q0 305-306 675-4704 LIDO SAILING CLUB 3300 VIA LIDO 675-0827 ISLAND DESTINATIONS 2801 W. PACIFIC COAST HIGHWAY 645- 5797 HORNBLOWER'S DINING YACHTS 2431 W. PACIFIC COAST HIGHWAY 646- 0155 PACIFIC AVALON CHARTERS 2729 W. PACIFIC COAST HIGHWAY 642- 6865 CALYPSO SAILING CLUB 2729 W. PACIFIC COAST HIGHWAY 645- 7100 BALBOA BAY CLUB 1221 W. PACIFIC COAST HIGHWAY 645- 5000 ORCA CHARTERS 2901 W. PACIFIC COAST HIGHWAY 650- 6722 LANCER LANDING 3101 W. PACIFIC COAST HIGHWAY 646- (VINCE VALDES) 1236 NEWPORT LANDING 503 EAST EDGEWATER 675-0550 DELANEY'S RESTAURANT 630 LIDO PARK DRIVE (SLIPS 1 or 2) NEWPORT YACHT CHARTERS SLIPS 1 & 2 673-3000 AMERICAN YACHT CHARTERS SLIP 4 673-4453 I May 23, 1988 TO: 14 RZONIP CITY OF NEWPORT BEACH Marine Department MAYOR AND CITY COUNCIL Marine Department Agenda Item: F-20 SUBJECT: REQUEST BY HORNBLOWER YACHTS TO REVISE THEIR EXISTING COMMERCIAL HARBOR ACTIVITIES PERMIT Recommendation: If desired, approve the application subject to the following conditions: 1. That the only vessels moored and operated out of 3366 Via Lido would be the vessel HePort Hornblower and the vessel Pacific_Hornblower. 0_0 3ma F'y 2. That all Hornblower's vessels be allowed to operate out of Mariner's Mile Marine Center at 2349 West Coast Highway, depending upon available parking. 3. That the hours of operation be limited as follows: Week4ays return to the dock no later than 11 =-P.-M. , .Week -end return to the dock no later than i-i midnight. -4. Entertainment may include but not limited to live bands, disc jockeys, recorded music and sound amplification. These shall be a enclosed within the vessel and operated so they cannot be heard for more than 50€eefjomthevssel. 5. Food and liquor service aboard the vessel shall comply with all County and Federal licensing laws. 6. That the berthing of the vessels be located in areas -as far removed from residentially zones areas as possible. 7. That the routes of vessels while in the harbor shall be limited to those areas delineated in red on attached map and designated Exhibit "A". These are the meint. n,ygaiel s . 8. That the vessels, while cruising the harbor, be moving r L Page , 2 at all times. 9. That all litter, debris, trash, garbage and vessel waste shall be retained on board for sanitary disposal at an approved location on shore. 10. That the applicant provide, at his expense, installation and maintenance of a vessel pumpout station at the Mariner's Mile Marine Center location and that all vessels pump out there. 11. That vessel occupancy be limited at each location by the amount of available parking as detailed below: a. r_..-3.3-66.-Via Lido.-_ site 1. Monday through- Friday, 8 AKI to 5-PM, vessel occupancy including crew, is not to exceed cb~3persons, unless they are bussed to the site in conformance with Section 17.0 of the Harbor Permit Policies, which states: 17.C. "When a vessel will not offer services to the general public, all or a portion of the required parking may be provided at a remote off -site location, if transportation is provided from the off -site parking location to the site where the vessel is moored. Parking for shuttle vehicles must be provided near the site where the vessel is moored unless said vehicles will be stored at the remote off -site location at all times when not in use." 2. Monday through Friday, "-5 PM- to--8 -AM-and . weekend, vessel occupancy including crew, is no_t- to'=exceed-27Q _persons, unless bussed to the site in conformance with Section 17.C. of the Harbor Permit Policies quoted above. b. Mariner's Mile Marine Center 1. Monday through Friday, 8 AM to 5 PM, vessel occupancy including crew is not to exceed 45 persons unless bussed to the site in conformance with Section 17.C. of the Harbor Permit Policies quoted above. 2. Monday through Friday, 5 PM to 8 AM and weekends, vessel occupancy including crew, is not to exceed 180 persons unless bussed to the site in conformance with Section 17.C. of the Harbor Permit Policies quoted above. Page 12. If passengers are bussed 'from off site lots within the City of Newport Beach, those lots, the numbers of parking spaces and the times of day or night they are available must be approved in advance by the Marine Department and the City Planning Department. 13. After busses, shuttles, vans or limousineshave unloaded the passengers, they must be parked off City streets. 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 contract with them must so state. 15. That the permittee shall hold the City of Newport Beach, the County of Orange and the Orange County Harbor District harmless from and indemnify said agents against any claims for damages arising from the exercise of this permit. In addition the permittee shall reimburse said agencies for all attorney's fees and other costs which are expended by them in defending any claim, lawsuit or judgement arising out of the activities of the permittee carried on under the authority of said permit. 16. That the Marine Director or City Council, on approval or review shall have the power to impose new conditions or modify existing conditions with regard to this permit upon determination that the operations by permittee,.in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy or own property upon or near the waters of Newport Beach. Background. In the past, Commercial Activities Harbor Permits have been issued by the Marine Director as provided in the Municipal Code. However, recently commercial activities upon the waters of Newport Beach have generated such a large amount of public concern relative to the use of the waters area within the City, that the Marine Department has felt it necessary to refer these matters to the City Council so that a public hearing can be held on each application to allow public input. Currently the City Attorney's office is drafting a proposed revision to the pertinent Section of the Municipal Code to require in the future that all Commercial Activities Harbor Permits be approved by the City Council. This is in response to public concern over intensified commercial use of the water areas within the harbor. 4 In October 1985 the Marine Department issued a permit to Cormorant Cruises to operate a charter vessel out of 3366 via Lido. This permit was subsequently amended to allow the operation of two vessels out of this location with passenger occupancy limited to available on -site parking and off -site parking within a reasonable distance of the berthing of the vessels. Additional vessel occupancy was available if passengers were bussed to the site. In July 1987 a request was made by Cormorant Cruises to transfer their Commercial Harbor Activities Permit for their operation at 3366 via Lido fromm Cormorant Cruises to Hornblower Yachts. This application was approved by the City Council on July 13, 1987. At that time, Hornblower Yachts took over the two vessels formerly operated by Cormorant Cuises and operated them, after name changes, under the existing permit. Subsequent to the July date, Hornblower Yachts brought a third vessel into the harbor and operated it out of the 3366 via Lido location on a "Special Events Permit" basis, pulling a permit on a charter by charter basis. The vessel capacity of the two vessels berthed at the via Lido location was 450 passengers and crew. The current total vessel capacity of Hornblower Yachts including all three vessels is 512 passengers and crew. Based on the conditions of the Staff Report, vessel occupancy will always be limited by the number of parking spaces available on site, unless passengers are bussed to the site. Hornblower Cruises proposed to continue to operate two of their vessels, the Newport Hornblower and the Pacific Hornblower, out of the 3366 via Lido Location and depending on booking, all three of their vessels out of the Mariner's Mile Marine Center. All three of the Hornblower Yachts vessels are Coast Guard certified and are skippered by Coast Guard licenced skippers. Hornblower Yachts operation typically consists of harbor cruise programs which range from 2 to 6 hours. Itineraries range from simple cruises around Newport Bay on routes specified by the City Marine Department to trips to such distant locations as Catalina, Long Beach, Marina del Rey and San Diego. During the cruises the Hornblower Yachts provide dining, dancing aboard with food preparation by on board staff. Also on board would be sales of specialty gifts. The above described certification by the Coast Guard allows Hornblower Yachts to acquire business protection and liability insurance in the amouunt of 10 million dollars. Entertainment on board all of the Hornblower vessels is provided only inside the vessels. In addition to the above, to ensure compliance with Hornblower's own noise level restrictions, the larger of Hornblower's two yachts are equipped with sound systems Page - 5 I controlled by the captain from the pilot house. In additdion to the above, Hornblower Yachts has provided each of the vessels with a cellular phone. The number of this phone has been made. available to the Orange County Sheriff's Harbor Patrol so that if any problems arise there can be direct communication to the vessel while it is underway in the harbor. Waste disposal from all Hornblower Yachts vessels is at sites approved by the Marine Department, and at the Mariner's Mile Marine Center location Hornblower Yachts is building a vessel pumpout service and will maintain it. All Hornblower Yachts' vessels will have their waste pumped out at this location. David Harshbarger Marine Director Tony MZum Tidelands Administrator Page 6 COUNCIL MEMBERS �2F 0 L L CALL Motion CITY OF NEWPO, BEACH G� F May 23, 1988 MINUTES Following consideration, Council Member Permit/ Plummer withdrew her motion in order Special that the subject applications could be Events voted on separately. x Motion was made to deny the application , x x x x x x f Newport Dunes for fireworks display x on y 4, 1988. x Motion was m to approve application x x x of Big Canyon Co Club for fireworks x x x x display on July 4, 19 which motion Motion x Ayes x x x x x Noes x x FAILED. Due to the above action, motion was e to deny the application of Big Canyon Country Club for fireworks display on July 4, 1988, which motion carried. 3. Report from the Marine Department recommending approval of application by Hornblower Yachts to revise their commercial harbor activities permit, was presented. The City Attorney suggested an additional condition be added to the subject permit which he read as follows: "Condition No. 17: Permittee shall keep and maintain true and accurate records of the following: 1. The name and time boarded of all passengers on each vessel during each day of operation; 2. The passenger name and time and vessel boarded of all passengers bussed to the berthing location; and 3. Such other records as the Tidelands Administrator may reasonably require to enable the Tidelands Administrator to determine if permittee is complying with the conditions of approval and to ascertain if the boarded bus system is operating effectively. Permittee shall submit records each month and these records may also be inspected by the Tidelands Administrator during regular business hours." Volume 42 - Page 208 aroor ctivities ermit/ ornblower achts 51) COUNCIL MEMBERS G s OLL CALL . s`r Motion All Ayes Motion All Ayes x CITY OF NEWPOr. f BEACH MINUTES +s. May 23, 1988 David Pahl, representing Hornblower Yachts, addressed the Council regarding Condition No. 17, stating that they are willing to accept the added requirement, but would like to delete paragraphs 1 and 2 as being "overly burdensome and somewhat unreasonable." He stated they - are willing to keep monthly records as mentioned in paragraph 3, and described their individually ticketed program. In view of the foregoing, the City Attorney recommended that paragraphs 1 and 2 of Condition No. 17 be deleted, and that paragraph 3 suffice for the time being. He stated that if in the future it is determined that more detailed records are necessary, and a dispute arises between Hornblower Yachts and the Tidelands Administrator, then this issue can be brought back to Council. The City Attorney also recommended that the words "on approval or review" be deleted from Condition No. 16 in order to give the Marine Director and/or City Council the power to impose new or revised conditions when deemed necessary. Hearing no other comments, motion was made to approve theCommercialHarbor Activities Permit of Hornblower Yachts, as revised, subject to conditions listed in the staff report, including the change to Condition No. 16 and the addition of Condition No. 17 as recommended by the City Attorney. 4. Report from the Executive' Assistant to the City Manager, recommending resolution be adopted declaring intention to grant a franchise to the Balboa Ferry, and setting public hearing for June 13, 1988, was presented. Motion was made to continue this item for 90 days for further study. There being no objections, Mayor Cox a ointed Council Member Strauss (Cha an) and Council Members Maurer and Turne to the ad -hoc Committee to study this m er and report back. The motion on the fl was voted on and carried. Volume 42 - Page 209 Commercial Harbor Activities Permit Franchise/` Balboa Ferry (42) A �l April 4, 1991 MINUTjES COMMISSIONERS o� CITY OF NEWPORT BEACH ROLL CALL INDEX enforcement at the intersections to assist the traffic flow. Commissioner Pomeroy commented that Rancho California inaugurated traffic guards that are not policemen at congested intersections so as to improve traffic flow. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, March 29,1991, in front of City Hall. A Use Permit No 1889 (Review) (Public Hearin) Item No .1 Request to review a previously approved use permit which UP1889 permitted the construction of 2, two-story buildings for a mixture (Review) of retail, office and light manufacturing uses on property located in UP3412 the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a Cont - d modification to the Zoning Code so as to allow the use of compact to parking spaces for a portion of the required off-street parking. The 4-18-91 proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. APPLICANT: Edward B. Robinson, Newport Beach AND B. Use Permit No 3412 (Public Hearing) Request to permit the establishment of a commercial wedding chapel/public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site -2- ROLL CALL INDEX parking agreement so as to allow a portion of the required off- street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). LOCATION: Site of boat repair, boat chartering and wedding chapel: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90-173 (Resubdivision No. 926), located - behind property located at 2434 West Coast Highway. ZONE: SP-S APPLICANT: Pacific Avalon Marine, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach James Hewicker, Planning Director, introduced Tony Melum, Tidelands Administrator of the Marine Department, and Glen Everroad, Business License Supervisor, City of Newport Beach. Tony Melum, Tidelands Administrator, appeared before the Planning Commission. Mr. Melum explained that subsequent to when Chapter 17.41 of the Municipal Code was initiated so as to regulate routes of travel, hours of operation, and types of entertainment on commercial charter activities in Newport Harbor, there has been significant growth in charter boat activity. He stated that inasmuch as the boat charter growth caused problems with respect to noise, trash, parking, vehicular traffic, and traffic within Newport Harbor, the Ordinance was revised to require a license to operate charter boats in Newport Harbor. Mr. Melum indicated there are two types of applications to operate a charter boat business that require permits - bareboat operation and fixed base operation or certified vessel operation. He explained that a bareboat operation gives the vessel to the charter operator within -3- �. COMMISSIONERS April 4, 1991MINUTES CITY OF NEWPORT REACH ROLL CALL INDEX an allotted time frame, and it is controlled by booking agents throughout the Harbor area. He explained that a fixed base operation, a Coast Guard certified vessel, is administered through the Municipal Code which enables the operator to take passengers for hire without giving the vessel to charter. He said that a fixed base operation requires on -site parking, an off -site parking agreement, or a definite parking plan that relates to the site; a Coast Guard certified vessel; and conditions pertaining to trash disposal, noise, the location of the boat, etc., and if the operation provides the aforementioned_ requirements, a lifetime permit is issued. Mr. Melum explained that the fixed base operation is controlled by the Marine Department, and the bareboat operation is controlled by the Business License Division. He indicated there are approximately six charter boat operations in Newport Harbor that qualify as fixed boat operations. Chairman Debay and Mr. Melum discussed a previous recommendation by the Marine Department that the City Council review applications for permits that would require a public hearing. In response to questions posed by Commissioner Edwards, Mr. Melum explained that the current permit system adequately meets the needs to regulate boat charters on the basis that the procedure has eliminated many concerns previously expressed by the public. He further replied that there is no limit to the number of permits issued as long as operators meet the conditions in the Municipal Code. Mr. Melum further replied that the revocation of a permit would be based on a vessel breaking Coast Guard regulations, if the commercial activity adversely affects the public, or if the conditions are not met on the permit. In response to a question posed by Commissioner Di Sano, Mr. Melum replied that the current system is the most effective procedure to administer the permits. In response to a question posed by Commissioner Merrill, Mr. Melum explained that the Harbor Department, Business License Division, and the Code Enforcement Division of the Planning Department, administer the permits and complaints. He further explained that the Marine Department inspects the vessels, docks, and site, and the staff contacts the Harbor Department if there are -4- COMMISSIONERS o v''�d. d� CITY Off' NEWPOR'T BEACH April 4, 1991 MINUTES ROLL CALL INDEX further concerns. Mr. Melum explained that the Marine Department relies on the Planning Department to review and recommend parking requirements for the site. In response to a question posed by Chairman Debay, Mr. Melum replied that he did not believe that the approval of a use permit system would be necessary inasmuch as the current system is effective. In response to questions posed by Mr. Hewicker, Mr. Melum replied that after requirements of the Marine Department have been met, the charter boat operator receives a Commercial Harbor Activity Permit that is not reviewed by a City Council committee. He further replied that if a dock is installed or revised, the request would automatically go to the City Council. Mr. Glen Everroad, Business License Supervisor, appeared before the Planning Commission. Mr. Everroad stated that Chapter 5.18 of the Municipal Code was adopted by the City Council to enforce boat charters, and Chapter 17.30 of the Code was adopted to regulate pump out stations. He said that prior to the adoption of Chapter 17.30, - any commercial bay front property was an authorized boarding location, and after the approval of Chapter - 17.30, the Business License Division was only authorized to allow charter boats from commercial facilities with pump out stations in place, resulting in a decrease in the number of boarding locations. Mr. Everroad stated that in 1990, 32,000 people were authorized to board charter boats, and 800 charter permits were issued by the Business License -Division. He indicated that a marine charter agent contacts the Business License Division to apply for a charter permit. In response to a question posed by Chairman Debay, Mr. Everroad replied that the Business License Division has been concerned that adequate parking be provided by the subject charter boat facility considering the volume of charter operations that have originated from the subject site. He stated that the review of the subject use permits will assist the Business License Division in considering the available off -site and on -site parking. In response to a question posed by Chairman Debay, Mr. Everroad stated that the Business License Division requires charter operators located at the John Dominis Restaurant site to provide evidence of off-street parking -5- COMMISSIONERS 1.6 0. CITY OF NEWPART BEACH April 4, 1991 MINUTES ROLL CALL INDEX inasmuch as there is no available on -site parking according to the evidence provided by the use permit. Mr. Hewicker stated that the use permit does not address the issue of charter boat activity. In response to questions posed by Commissioner Merrill, Mr. Everroad replied that his documents indicate that at least 10 different vessels have operated from the subject site; however, two vessels have operated primarily out of the subject location. Mr. Everroad stated that several vessels depart from the subject location on a typical day during the peak season. He further replied that at least seven different vessels have operated out of the Chart House Restaurant location; however, the records indicate that the vessels have not departed on the same day. In response to a question posed by Commissioner Edwards, Mr. Everroad explained that the charter permit process is specific to a typical vessel operating from a specific location at one designated time. He stated that the Business License Division administers permits on a charter by charter basis. In response to a question posed by Mr. Hewicker, Mr. Everroad concurred that there are certified boats that are administered by the Business License Division on a charter by charter basis .over an extended period of time. Mr. Everroad further replied that the Business License Division contacts the Planning Department to be certain that adequate parking is available for the charter operation. In response to a question posed by Commissioner Merrill, Mr. Everroad replied that Chapter 5.18 gives the Business License Division authorization to suspend charter activities for confirmed violations of conditions of previously issued permits. He explained that the violations consist primarily of noise violations, recurring offenses by the applicant, or misrepresentation of material fact on the application. In response to a question posed by Chairman Debay, Mr. Everroad explained that the Business License Division does not regulate the operation of a boat yard; however, he explained that the Division's authorization of charter activities by the applicant for the number of vessels located at the facility created a problem for the boat yard operation inasmuch as the operator could not access the yard because of the number of charter vessels located at the subject site. -6- COMMISSIONERS s CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX He explained that the situation was corrected inasmuch as several of the vessels are no longer at the facility. Mr. Hewicker stated that the purpose of the review of Use Permit No. 1889 is that the City received a request to revise the layout of the dock facility bayward of the subject property. He said that when the permit was received by the Marine Department, and the request was reviewed by the Tidelands Committee and the City Council, a concern was raised by members of the Tidelands Committee as to the relationship between the current charter operations occurring on the site as administered by the Business License Division and the ability of the boat yard to remain as was anticipated by the use permit which allowed the office building on the property. He said that the input that was given members of the City Council was that the operator of the boat yard was having a difficult time in continuing with the boat yard activities inasmuch as it was difficult to access the water because of the location of a - charter boat at the facility. Mr. Hewicker stated that the request for the Commercial Harbor Activity was referred by the City Council and the Tidelands Committee to the Planning Commission because the Commission has the jurisdiction over the use permit for the boat yard and the office space on the site. He indicated that the Commission has the authorization to allow charter boat activity under certain conditions, or a condition could be added that would stipulate that there will be no charter boat activity at the subject location. In response to questions posed by Commissioner Glover, Mr. Hewicker replied it is the ability of various tenants to interact plus the role of the landlord to resolve disputes that could arise among the tenants. Mr. Hewicker stated that it has been the goal of the City to maintain the boat yard at the subject site. William Laycock, Current Planning Manager, referred to the addendum to the staff report suggesting that Exhibit "A" of Use Permit No. 3412 be modified as follows: Finding No. 6 with respect to a minimum 3 year lease for the use of the off -site parking area; Condition No. 4 has been revised to be more specific in requiring 41 parking spaces be provided at the off -site location for the wedding chapel for a minimum of 3 years; Condition No. 5 has been added to require 63 parking spaces (22 on -site and 41 off -site parking spaces) be utilized for the wedding chapel/public assembly -7- April 4, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL I J I I INDEX area based upon the public area in the wedding chapel, and the use of the wedding chapel has been restricted to after 6:00 p.m. Monday through Friday and all day Saturdays, Sundays, and holidays so as to be assured that the 63 parking spaces would be provided; Condition No. 7 has been added so that no valet or tandem parking shall be permitted on -site, but valet parking and 7 tandem parking spaces would be permitted on the approved off -site parking lot, subject to the approval of the City Traffic Engineer. Mr. Laycock suggested that if. the Planning Commission desires to limit boat chartering activity on the subject property through Use Permit No. 1889, the revision to Use Permit No. 1889, Condition No. 27 would allow a specific number of passengers on specific days for the boat charter facility. Mr. Laycock explained that the foregoing findings and conditions for Use Permit No. 1889 discussed in the staff report would not be necessary if the permit procedure is maintained as it currently exists through the Business License Division. In response to a question posed by Chairman Debay, Mr. Laycock explained that the applicant must submit a lease indicating an agreement that off -site parking would be available for three years. Robin Flory, Assistant City Attorney, explained that the leasehold agreement be of a duration that is adequate to serve all of the uses available at the building site. The City Attorney's Office and the Planning Department agreed that a three to five year agreement should be required of the off -site parking agreement. In response to a question posed by Commissioner Edwards, Ms. Flory explained that if the applicant loses the off -site parking after three years, the Planning Commission would have to review the use permit. Mr. Hewicker explained that the off -site parking agreement requires that if the holder of the agreement loses the parking, then the applicant is required to reduce or cease operation to the extent that there is available on -site parking, and to secure additional parking and come back to the City with a new off -site parking agreement. In response to questions posed by Commissioner Glover regarding the foregoing Condition No. 7, Mr. Laycock explained that the City Traffic Engineer has requested no on -site valet parking. Mr. Hewicker further replied that it is up to the charter operator to notify the passengers where the parking facilities are located. -8- COMMISSIONERS �0 CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX In response to a question posed by Chairman Debay, Mr. La explained that the existing off -site parking is located behind property at 2434 West Coast Highway. The public hearing was opened in connection with this item, and Mr. Ted Robinson, applicant, appeared before the Planning Commission. Mr. Robinson addressed the staff report wherein it is stated that the wedding chapel is proposed to maintain a floor area of 2187 square feet, and he said that the wedding chapel is 805 square feet. He explained that 1,300 square feet consists of office space for Avalon Pacific. Mr. L.aycock stated that it was staff s opinion that the operator intended to expand the wedding chapel. Mr. Robinson stated that the 805 square feet was leased as a wedding chapel, and 1,300 square feet was leased as office space. He indicated that it would be necessary to go through a bearing wall if the area would be extended beyond the 805 square feet. Mr. Robinson stated that the requested docks applied for would have resolved concerns inasmuch as the docks would be moved adjacent to the ramps, and one of the new docks would be utilized by the shipyard. He stated that the charter business does not utilize many parking spaces during the day, and that provides an area that is available to the shipyard. In response to a question posed by Chairman Debay, Mr. Robinson replied that he would concur with the findings and conditions in Exhibit "A" for Use Permit No. 3412. Mr. Al Larson, former owner of Larson Shipyard, appeared before the Planning Commission. He indicated that Mr. Robinson always displayed integrity in business transactions, and that the present owners of the shipyard are doing an excellent job of operating the shipyard. He indicated that he could not determine why a charter boat business ccould not operate in conjunction with the shipyard. Mr. John Gueola, partner at Pacific Avalon Marine, appeared before the Planning Commission. He explained that the wedding chapel consists of one of the offices on the first floor, and said use consists of 805 square feet of floor area. Mr. Gueola stated that the balcony is used after a wedding ceremony; however, he said there is no intent to expand the wedding chapel to 2,187 square feet. In response to a question posed by Chairman Debay, Mr. Gueola explained that the plans submitted to staff indicated an -9- COMMISSIONERS O� CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL I J I INDEX intent to expand the wedding chapel; however, he said that the plans have been modified because of the expense that would be incurred to expand the operation. Mr. Hewicker stated that the plans submitted to staff indicate a public assembly area with a width of an approximate 36 feet and a length of an approximate 62 feet, totalling approximately 2,188 square feet, and separated by accordion doors. Mr. Hewicker stated that if the plans have been modified, then new plans must be submitted to staff inasmuch as the parking requirement would be amended. Mr. Laycock stated that in addition to the wedding chapel, there could be other areas considered as a public assembly areas such as areas for parties, and those areas could exceed 800 square feet. Mr. Gueola concurred that all charter boat facilities should provide parking facilities, and he did not foresee a problem obtaining an off -site parking agreement. Mr. Gueola stated that the wedding chapel is also used to assemble the passengers before departing on a boat. Chairman Debay pointed out that the Planning Commission is concerned that a wedding could occur at the same time that there is a boat charter, and the double event would impact the facility. Commissioner Di Sano suggested that the revised plan not include an accordion wall, and be specific with respect to the size of the wedding chapel. Dr. Jan VanderSloot, representing the Newport Heights Community Association, appeared before the Planning Commission. Dr. VanderSloot addressed the Association's concerns regarding the traffic and parking in the Mariner's Mile area, and the boat charter and wedding chapel at the subject facility. Dr. VanderSloot referred to the proposed widening of West Coast Highway between Tustin Avenue and Riverside Avenue, and he determined that off -site parking could be less feasible for businesses on the coast side of West Coast Highway. Dr. VanderSloot addressed the Traffic Phasing Ordinance at Riverside Avenue and West Coast Highway, and he said the traffic generated by the intensity of use may impact the TPO. Chairman Debay and Commissioner Pomeroy pointed out that there would not be an intensification of use at the subject facility. There being no others desiring to appear and be heard, the public hearing was closed at this time. -10- April 4, 1991 COMMISSIONERS MINUTES o� CITY OF NEWPOR'T BEACH ROLL CALL INDEX Motion was made to continue Use Permit No. 1889 (Review) and Motion Ayes * * Use Permit No. 3412 to the April 18, 1991, Planning Commission Absent meeting. Commissioner Glover suggested that Mr. Robinson's responsibilities should be clarified, and what constitutes Pacific Avalon. Mr. Hewicker explained that an interested party, not necessarily the property owner, can be the applicant, and the use permit runs with the land. He said if there is a problem, the ultimate party to solve the problem would be the owner of the property. In response to a question posed by Chairman Debay, Mr. Gueola concurred with the findings and conditions in Exhibit "A", Use Permit No. 3412. The motion was voted on to continue Use Permit No. 1889 (Review) and Use Permit No. 3412 to the April 18, 1991, Planning Commission meeting. MOTION CARRIED. Exception Permit No. 40 (Discussion) Item No.2 EP40 Request to permit the installation of two free standing ground signs on a site which exceed three feet in height and width, located on property within the "Recreational and Marine Commercial" area of Approved the Cannery Village/McFadden Square Specific Plan Area, where the Zoning Code permits only one ground sign on a building site with a maximum height and width of three feet. LOCATION: Lots 1 - 5, Tract No. 14025, located at 2600- 2700 Newport Boulevard, on the southeasterly corner of Newport Boulevard (northbound) and 28th Street, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Newcomb Development, Newport Beach " OWNER: N/R Marina Partners, Newport Beach -11- Pacific Avalon Marine, Inc. March 28, 1991 Mr. William Ward Senior Planner 3300 Newport Blvd. Newport Beach, CA 92663 Subject: use permit 1889 Dear Mr. Ward Pacific Avalon Marine has been singled out by the City of Newport Beach regarding the harbor permits and licensing because nothing is consistent. PAM was required to comply with all requirements for zoning change of the facility. However, that requirement has not been met by the other yacht charter companies, i.e. Newport Yacht Charters, Orca Yacht Charters, Island Destination, American Yacht Charters, Adventure at Sea, Irvine Coast Charters, Olympic Yacht Charters and every other small charter company operating from their houses, boats and apartments. Newport Yacht Charter opened up a yacht charter business without use permit pertaining to charters. The 90- Brisette is parked in front of Delaney's in a 40 ft. slip which is in violation of all harbor rules. Newport Yacht Charters constantly parks large vessels in small slips which constitutes a hazard in front of The Cannery and Delaney's. Where is the ongoing parking facility to keep a boat there. Per Mr. Mellum's letter if we have a boat moored in a slip for charter, you must have separate bathrooms from the boat and garbage facilities and permanent parking. Regarding Irvine Coast Charters in the Village, it is our understanding this use permit is only for boat sales and not for charter operation They have been operating for over a year. Orca Yacht Charters is handling BP John II which is 103 ft., 120 passengers; Orca, 70 ft. 50 passengers; Colombiana, 80 ft. 65 passengers; Orca II,60 ft. 50 passengers; plus unloading and loading Crystal 150 passengers at the same location. Total passenger capacity for this location is 435. Located in front of John Dominis where there is no commercial marina ,no restrooms and no dumpsters. A finger of the dock was removed by Mr. Gureck Pulek without city approval to accommodate the loading and unloading of Crystal. Orca Charters only has a dirt parking lot 2729 West Coast Highway, Newport Beach, Califor►aia 92663 (714) 548-9381 Thx: (714) 548-9382 (which on a sunny day you might get 22 cars). In the same location is Admiral Yacht Charters, a newcomer to the harbor operating Gallant Lady, 55 ft. 50 passengers - with unknown parking and restroom facilities. Lancer Landing docks were changed without City Notice or approval in 1986 one dock was removed for a 105 ft. boat owned by Bob Ferrante so it could dock there. The dock was changed by Tom Treinen who was dockmaster at that time. The electrical and plumbing work was done by J. A. Jones. Construction Co. Pacific Avalon Marine rented this same slip for about two months until Harbor Department said that only Maximum length allowable for a vessel is 65 ft. plus no charter activities. For the last two years Olympic Yacht Club has been running charters out of this same location. Pacific Avalon Marine, Inc. have brought on several occasions these matter to Mr. Everroad and Mr. Mellum but nothing ever happens. Chart House dock facilities run by Island Destinations. They have no parking, no restrooms or garbage. Some weekends they load 4 & 5 yachts with large passengers capacity. Three years ago Pacific Avalon Marine had to move from the same location because the docks were not approved for chartering and had inadequate parking. Because of the restrictions on time of usage there was no possible way a charter company could operate legally from there. No parking at all after 5 P.M. plus all day Saturday and Sunday. Pacific Avalon Marine, Inc. moved from the Chart House property , then after six month three yacht charter companies open up from this location. Now please explain how this could happen. How can an activity permit be issued when the parking facility named is the public parking located behind Margaritaville. Are some branches of the city applying the law indiscriminately. Pacific Avalon Marine is the only yacht charter company to have adequate permanent parking facilities for it guests. Pacific Avalon Marine would like to refer to a letter from Mr. Everroad dated October 17, 1990 (please see enclosed copy) stating about Municipal Code Chapter 5.18 relating to marine charters,"is not authorized to permit marine charters to occur if the activity would violate a provision of City law." Based on Pacific Avalon Marine, Inc. research none of the said loading location is zoned for charters therefore they are in violations of Municipal Code Chapter 5.18 by their operations. Now we come to the parking for charter companies (per city) only Orca yacht charter has permanent parking and that lot can hold only 22 cars, they have 5 boats loading from this location We have 2 lots to park in and can hold around 105 cars. I am enclosing letters from Glen Everroad and Tony Mellum. Now I have checked with other charter companies in the harbor and not one has received a letter telling them to stop chartering. It seems strange that we received a letter from the city asking us to stop valet parking way back in 1988, but nothing was said we were operating a business in violation of use permit. I am enclosing a letter I sent to Tony Mellum back in 1988, a lot of things we are talking about now were brought up way back then. Now three years later they say we are operating in violation of our use permit. We have been in the harbor a long time and should have been Grandfathered like Catalina Flyer, The Cannery restaurant and Pavilion Boats. the Grandfather clause states the company can not increase its passenger size without applying for a new permit. Catalina Flyer went from 150 to 350 passengers without complying. the Cannery restaurant has a dinner boat that holds over 50 people. They use their restaurant parking for this as boat as well as the restaurant. Mr. Everroad stated that no company has complied with this law. In closing we have no problem complying with the laws but we expect the law to be applied the same for all charter companies. We have asked the city personal to answer these questions for the last one and half years but the only answer we get is the city is investigating, but we never hear what they find out. We started looking at the use permits at the city and found that most all of the charter companies are operating in violation of the location use permit. I hope you can see why we are so upset but this has cost Pacific Avalon Marine a lot of time and money. Very truly yours, PACIFIC AVALON MARINE Ro _ D. King Enclosure SEW Pp�T i CITY OF NEWPORT BEACH U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cat/Foa �P PLANNING DEPARTMENT (714) 644-3216 October 25, 1988 Roy King Avalon Pacific 2701 West Coast Highway Newport Beach, CA 92663 SUBJECT PROPERTY: 2701 West Coast Highway, Newport Beach, California Re: Use Permit No. 1889 Dear Mr. King: It has come to the attention of this department that you are operating a valet parking service in conjunction with a boat commercial charter service from the subject property. This constitutes a violation of Use Permit No. 1889, since this expanded use changes operational characteristics of your permitted business. Therefore, within ten (10) days from the date of this letter, please take the following corrective actions: 1. Discontinue the valet service or 2. Apply to amend your use permit to include this type of use. Should you choose to apply for an amendment to the use permit, please contact Sandy Genis of the Planning Department at 644-3200 for details. 3 15. To discuss this matter, you may contact the undersigned between the hours of 7s.30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. Thank you for your anticipated cooperation in helping us to resolve this matter. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By -- Peter Carlson Asst. Code Enforcement Officer PC:11 xc: Glen Everrode - Business License 3300 Newport Boulevard, Newport Beach SEW PART . CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 P August 31, 1988 Avalon Pacific 2729 West Coast Highway Newp ort Beach, CA 92663 Re: Special Events Permit for.August 27, 1988 for a charter from 6:30 to 10:30 on the vessel DANDEANX Dear Sirs: On August 24, 1988 Avalon Pacific was issued a Special Events Permit for the above charter. On the application it was indicated that there would be 120 passengers, which, based on the current Harbor Permit Policies, necessitated 40 parking spaces. Because Avalon Pacific does not currently have 40 parking spaces available to them, the charter would not be possible unless there was some alternative to the onsite parking arrangements. The application by Avalon Pacific indicated that the overflow of individuals would be shuttled or brought'.by_limousine to the site. Personnel from the City of Newport Beach'Marine Department on site at 6 P.M. on August 27 until the time the boat left the dock observed no shuttles or limousines on the property to unload passengers. In the future, if there are any charters by Avalon Pacific at any location necessitating parking other, than that available on the site the following will be required: Prior to issuance of the permit the applicant must provide ..City of Newport Beach with proof, by way of an agreement between a shuttle company, that they will bus the people to the site. If this is not done, charters in excess of the available on -site parking.will not be allowed. If you have questions regarding the above, please call me at 644- 3044. Sincerely, Tony MMe1 m Tidelands Administrator 3300 Newport Boulevard, Newport Beach _ i I PACIFIC ..INC-*-- AVALON PACIFIC AVALON.11F C11ARTt R LINt' September 15, 1988 Tony Melum J< Tidelands Administrator - city of Newport Beach Post Office Box 1768 Newport Beach, CA 92658-8915 1 _ Re: Special Events Permit for August 27, 1988 Dandeana - 6:30 to 10:30'P•m-. Dear Mr. Melum: regarding the our letter of August 31, 1988 reg 9-. With reference to y lease be advised that the ._-- guest and there were; Activity Permit. _.for the above -charter, P T � ,host of the charter arrived in :vanbetween the hours of 5the ` J at .least two limousines on the -,premises, j m, when boat departed. In eiknown so". p,m• and 7:.00 P• Why didn't you make your p , -guest count was 92• ed.you -and shown you vans and l�imossr" that we could have help Y vi`� an sneaking around We have been inouhiswu°Chaven`been�i rather than converation with y r. three months and from my checked at least two times.. why do I. feel you are seeking -us out .to harass? z Tony, 4 anies'in John Dominis and The Why are none of the charter comp Adventures `- watched :.Newport Charter Company, :Chart House being at Sea, Olympic Yacht Charters and -Pacific Chasers are ail- In e. Shirley Ritchey has made the side Iihaveacalbed for - The..Char:t Hous arking is there. �k You know what the _P into .`rent,_to :all ou:.assuredrme -:you were checking . you about this before and y watched as many as seven boats load from that;:' dock • _ this. I have on one Saturdays in front of the -Pacific Marine Building permit- _ 'alone. Seldom do they even bother with an activity p - _ 3 1988, Coast Yacht loaded the Dndused city 30 i.e. September 1 , streets and a,m- with 150 people who parked on city until 9.30 p-m. with parking lots with the charter not re no activity permit. office regard ing-:..' r.t.p eatedl checked with Glen Everoad's to be told I have rep Y anies,,.:. -:only ... ,,. = activity per for other charter-companies all charter com�anles there was no permit isshe•same..:rules.. should have to abide by to obtainactivity x ensive and time consuming for us ten'sOf- It is very e P We have also incurred permits for each charter. from The Chart Your" thousands thousands of 'dollars locationp esonthatlwecan comply with location to our IIIIi� CALIFORNIA 1,` o_f6' 2729 WEST COAST HIGHNVAa SS"9ORT ► OR ( ) A\(7I4 (714) 642-6865 Tony Melum September 15, 1988 Page Two <+ parking rules. We also expend. hundred's of dollars per charter `.`. for valet service to maximize the use of this parking lot. i J Roscoe Cottrell buses or -shuttles in all their clients. When- '-�S. '• `� asked for copies of the agreement between the shuttle company and _--Roscoe Cottrell, I was informed they .had used these services for. -so .many years, they just :pay by .check. Will a letter suffice? F= ' If you do not have the manpower and this permit is a City r aw, why not --have the Harbor Department or Sheriff's Department . check out boats that are in the harbor- and/or loading from a dock where it is obvious a charter is being loaded. tl; ._ Another-' thing -your rules are:doing, is hampering business You_ make it next to. impossible to`write`alast minute charter because,1 -�: =of the =--rules'and regulations, which costs us many hundreds ..,of dol-tars. - We have prospered in the'past :because we are often able to put together a charter in a 24.hour period of. time. With -additional agreements between bus and shuttle companies to: _ be obtained, activity permits requiring a minimum of 48 hours, ;. we- .� either run illegal or have to push,` the .Iicensing department. 'My understanding was if a boat or company was cited two times, -there would be no permits .issued f.or six months. By your own..,.}.. - admission, the Bourbon Cowboy has -..:been cited two times, but. I.Y. still see it operating charters. ' lThere must be ' an _easie:r-_' more !economical., way of handling this.--..-_: have. been .in the -harbor..a long.-: time and probably should have_ .R - _•' -been grandfathered. This smacks of discrimination since we, are asked to� provide -=.parking :where other retail not. businesses r ,< ri Very truly yours, A117 N PACIFI , INC. Roy King, President �. RK: jn - 2 P �Z� -- rz eAAAT Aevsr — -ta NN aa..cA&cCP- Galva 1OC . CITE" OO F N19WPMRT BEACH BUSINESS LICENSE DIVISION P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714)644-314I . •ctaker 17, 1556 John Gueolo Pacific Avalon Marine 2729 Coast Highway West Newport Beach, CA 92663 Dear Mr. Gueolo, This office has been advised by the City's Planning and Marine Departments that they administer Use and Harbor Permits, respectfully, for the property at which your business is conducted. These departments have been in contact with Mr. Ted Robinson, who holds the Use Permit and Harbor Permit, and advised him that the charter activities conducted by your business violate conditions of the permits for the property. I have enclosed a copy of the most recent correspondence to Mr. Robinson from the Marine Department specifying the conditions with which they are concerned. The purpose of this correspondence is to advise you that this office, in itIs- administration ```ofkkunicipal;.Code Chapter 5 18 relating to'marine charters, is:notAauthor ized_to permit marineK icftarters:.to occur if the activity `'would'. violate a :provision of City 'V ,law•i-- We' " are currently seeking'' opinion from our City Attorney s office on whether the operation of a charter company from the subject property, and the subsequent violation of Use and Harbor Permit conditions, constitutes a.violation of City law. Should the property owner not resolve the concerns of Marine and Planning Departments regarding the use of. the property, and the City .Attorney find that Municipal Code is violated by the charter operations from the property, this office will no longer be able to issue Marine Charter Permits for charter boarding fros your location. Should you have questions regarding this correspondence, please contact me at 644-3141. Yours truly, Glen Everroad License Supervisor cc: City Attorney Planning Department Marine Department 3366 Newport Boulevard, Newport Beach SEW Pp�T CITY OF NEWPORT BEACH ~ n 5 P.O. BOX 1768, NEWPORT BEACH, CA 926 9-1 6 7 8 qG/ Vo R� November 14, 1990 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: It has been approximately thirty days since our discussion. regarding the change and use: of your docks bayward of the property at 2703 West Coast Highway. We have received the permit card, but have not received any of the information we need relative to the charter operation, i.e. the number of charter vessels that will be berthed at the site,the number of passengers that are proposed to be chartered from the site and how those passengers will be parked during the hours and the days of the week that- chartering will take place. This information is imperative to the revision of the harbor permit. If we have not received the requested information by December 1, 1990, it will be necessary for us to notify business licensing and ask them to stop issuing charter permits until the permit is revised. If you have any questions -in this regard, please contact me at (714) 644-3044. Sincerely, Tony Melum Tidelands Administrator TM:la cc Avalon Pacific 2729 West Coast Highway Newport Beach,ca.92663 3300 Newport. Boulevard, Newport Beach �EW POD CITY OF NEWPORT BEACH V ? P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Fo RN o ember 28, 1990 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: On October 12. 1990 and November 14, 1990, the Marine Department corresponded with you regarding the fact that commercial vessel chartering at the above permitted facility is in violation of your Harbor Permit. We have requested .that you or your tenant make application to correct this violation. As of this date we have not received the application. As a result, all commercial chartering from the facility must cease effective December 1, 1990. By copy of this letter we are notifying the Business License Department that no permits should be issued for commercial charters out of the facility at 2703 West Coast Highway after December-1, 1990. The harbor permit was specifically conditioned that only special uses be conducted at the commercial facility, and unfortunately that condition has been violated for some time. If you have questions in this regard please contact me at 644-3044. Sincerely, Tony Me3um Tidelands Administrator cc: .Ray King, Avalon Pacific Glen Everoad, Business Licenses 3300 Newport Boulevard, Newport Beach APPROVED CHARTER BOARDING LOCATIONS DECEMBER 1990 BALBOA PAVILION 400 MAIN ST. 673-3014 FUN ZONE BOAT CO. 705 EDGEWATER 673-0240 CANNERY RESTAURANT 3000 LAFAYETTE 675-5777 3010 LAFAYETTE LIDO VILLAGE NEWPORT SAILING CLUB 3432 VIA OPORTO 675-7100 WINDWARD SAILING CLUB 3400 VIA OPORTO 675-9060 ACTIVITIES INC. 3366 VIA LIDO SLIPS 207-209 675- 6200 IRVINE COAST CHARTERS 3388 VIA OPORTO SLIPS 212-213; 305-306 675-4704 LIDO SAILING CLUB 3300 VIA LIDO 675-0827 ISLAND DESTINATIONS 2801 W. PACIFIC COAST HIGHWAY 645- 5797 .HORNBLOWER'S DINING YACHTS 2431 W..PACIFIC COAST HIGHWAY 646- 0155 PACIFIC AVALON CHARTERS 2729 W. PACIFIC COAST HIGHWAY 642- 6865 CALYPSO SAILING CLUB 2729 W. PACIFIC COAST HIGHWAY 645- 7100 BALBOA BAY CLUB 1221 W. PACIFIC COAST HIGHWAY 645- 5000 ORCA CHARTERS 2901 W. PACIFIC COAST HIGHWAY 650- 6722 LANCER LANDING 3101 W. PACIFIC COAST HIGHWAY_ 646- (VINCE VAI,DES) 1236 NEWPORT LANDING 503 -EAST EDGEWATER 675-0550 SPIKE AFRICA 2735 W. PACIFIC COAST HIGHWAY 642- 9988 MARANATHA 2735 W. PACIFIC COAST HIGHWAY 722- 0501 DELANEY'S RESTAURANT 630 LIDO PARK DRIVE (SLIPS 1 or 2) NEWPORT YACHT CHARTERS SLIPS 1 & 2 673-3000 AMERICAN YACHT CHARTERS SLIP 4 673-4453 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING DEPARTMENT - PARKS & RECREATION X POLICE DEPARTMENT X MARINE SAFETY GRADING Date: March 12, 1991 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Pacific Avalon Marine, Inc. FOR: Use Permit No. 3412 REQUEST TO: Permit the establishment of a commercial wedding chapel in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site parking agreement so as to allow a portion of the required off-street parking to be provided on property located behind 2434 West Coast Highway (Sonship Christian Bookstore). LOCATION: 2727 and 2729 West Coast Highway REPORT REQUESTED BY: March 25, 1991 COMMISSION REVIEW: April 4, 1991 COMMENTS: Applicant is operating or proposing to operate a commercial boat charter business out of this site, with a maximum capacticy of 275 passengers. Parking for this operation requires 91 spaces and will be provided on and off site. Any additional parking demand should be reviewed and coordinated with the 9;harter demands in mind_. CDater ianntiirP• ��� -� // FEB 27 '91 11:25 PACIFIC_AVALON __ P.4/4 voivo 11LIGPENTA PARTS & SERVICE February 26, 1991 '. William Ward. Senior Planner Planning Department City of Newport Beach P.O. Box 1.768 NeWport Beach, CA 92659-1.768 eject: Volvo Penta Hours of operation Dear Mr. Ward Ted Robinson. of the Bertha -Robinson Partnership, our , landlords here in Larzon's .shipyard, asked me to write to you regarding a report you wrote to the Newport Beach Planning Com fission. meeting of February 21st,. on Use Permit No. 1889. In it, Swedish Marine was quoted as saying that we work beyond 5 p.m. during the week days, and on Saturdays during the suer months, and I wanted to correct that. We rarely if ever work past 5 p.m.. here ors,week days, and if we ever work on Saturdays, it is never past 12 neon. I don't know who told you otherwise, but I am one of the principals of Swedish Marine/Volvo Penta, and can assure: you that the above is correct, and that our business has never been inter- fered with by the operations of the Pacific Avalon chartering. Thank you, Swedish Marine, Inc. 13y: ors Karlson J 4. a ri SWEDISH MARINE, INC. 2703 W. Ilacific Coast Hwy., Newport Beach, CA 92663 • (714) 54&5565 COMMISSIONERS February 21, 1991 MINUTES o� CITY OF NEWPORT BEACH ROLL CALL INDEX the proposed restaurants and for staff to review said design, and to settle a lease agreement dispute between the applicants. Motion Motion was made and voted on to continue these items to the Ayes * * March 7, 1991, Planning Commission meeting. MOTION Absent CARRIED. Use Permit No. 1889 (Review) Discussion) Item No. 5 Request to review a previously approved use permit which UP1889 permitted the construction of 2, two-story buildings for a mixture (Review) of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial' area of the Mariner's PH set for 4/4/91 _ Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compac parking spaces for a_portion_of;the--required off-street parking. The ro osed review involves consideration of the appropriateness P P PPriateness of P boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. LOCATION: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ONE: SP-5 PLICANT: Edward B. Robinson, Newport Beach OWNER: Bertha Robinson, Newport Beach James Hewicker, Planning Director, stated that Section 20.85.010 in the Municipal Code gives the Planning Commission the authority -14- COMMISSIONERS February 21, 1991 MINUTES O� CITY OF NEWPORT BEACH ROLL CALL INDEX to hear and decide appeals based upon the enforcement or interpretation of the provisions of the Zoning Code, i.e. use permits. He further stated that Section 20.80.090 of the Zoning Code addresses violations of use permit conditions, and allows the Planning Commission to review use permits if there have been conditions that have been violated. Mr. Hewicker pointed out that the City Council on January 14, 1991, requested that the Planning Commission review the subject use permit based on their concerns regarding charter boat activities on the site, and the impact the charter boat activity has on the operation of the boat repair facility on the property. Mr. Hewicker stated the subject use permit allowed an office development on the property in addition to the ability to sustain and maintain the boat repair use that existed on the site. He indicated that two violations currently exist on the property: the establishment of a wedding chapel that requires a use permit, and the elimination of some of the parking spaces that were originally required for uses on the site. Mr. Hewicker stated that charter boat activities are a permitted use on the property and are encouraged to the extent that the use does not have an adverse affect to other uses that are also permitted, in. particular an affect on a boat repair operation. Mr. Hewicker stated that the subject item is not a public hearing, 'nasmuch as public notices were not mailed to property owners in he area; however, the Planning Commission has the authority to discuss the use permit and take public testimony. He indicated that he Planning Commission has the authority to set the item for public hearing so as to notify property owners and interested parties, and to allow the Planning Commission to modify or add conditions to the use permit. ommissioner Person stated that the current development represents an over -intensification of the use of the property that as not reviewed when the Planning Commission approved Use Permit No. 1889, based on the addition of a wedding chapel and -15- COMMISSIONERS February 21, 1991 MI N U T ES VN\� CITY OF NEWPORT BEACH ROLL CALL INDEX the operation of a large charter boat. Commissioner Pers6n suggested that charter boat operations be reviewed by the Planning Commission so as to review parking, rest room facilities, and the impact on traffic. Commissioner Pers6n suggested the Planning Commission consider a public hearing to modify the conditions of approval and review the existing use permit. Chairman Debay suggested that use permits be considered for boat charters carrying over a specific number of people. Commissioner Pers6n suggested that the Planning Commission require, as a condition of approval, that no boat chartering be conducted on -site unless there would be an amendment to the use permit. Commissioner Pers6n, Chairman Debay, and William Laycock, Current Planning Manager, addressed the Harbor Permit that is issued by the Marine Department. Commissioner Glover indicated her concerns regarding the wedding chapel that exists on the property. Mr. Hewicker stated that in order to operate a wedding chapel, the applicant is required to apply for a use permit, and the Planning Commission must approve said use permit to authorize the use. In response to a question posed by Commissioner Glover regarding the mixed use that is existing on the property, Mr. Hewicker replied that the ultimate control for the uses on the property is the property owner and the subject use permit runs with the land. He stated that the property owner must be certain that the conditions of approval are in compliance with the use permit. Mr. Hewicker addressed the mixed uses existing on the property, and he stated that concerns have been expressed by interested parties that the mixed use on the property is not successful. Mr. Hewicker addressed the concerns regarding available on -site parking for the mixed uses. Commissioner Pers6n addressed the feasibility of revoking the use ermit. Robin Flory, Assistant City Attorney, stated that the basis or revocation is to show facts that the uses are in violation of the use permit, or, the use permit could be suspended until the uses re no longer in violation. In response to a question posed by -16- COMMISSIONERS February 21, 1991 MINUTES d CITY OF NIEWPORT BEACH ROLL CALL INDEX Commissioner Person regarding the subpoena of leases on the property, Ms. Flory replied that the Planning Commission does not have the power to subpoena or require leases, unless the leases are connected directly to the conditions of the use permit. Commissioner Pomeroy and Mr. Hewicker addressed the issue of available on -site parking spaces if the wedding chapel were not located on the property. Chairman Debay commented that on -site , and off -site parking spaces are available for a maximum capacity of 174 passengers, and the charter boat accommodates 275 people. Commissioner Edwards, Commissioner Person, and Ms. Flory discussed the issue of revocation of Use Permit No. 1889. Mr. Edward Robinson, applicant, appeared before the Planning Commission. Mr. Robinson stated that the applicants have been in compliance with the City's requirements. He compared the size of the subject charter boat facility, Avalon Pacific, with another charter boat facility, Hornblower, a use that was approved by the City. Mr. Robinson addressed the disagreement between the charter boat business and Mr. Jim Parker, a former tenant, regarding the available on -site parking on weekends. He explained that since Mr. Parker moved his business to another site, there have not been on -site parking problems. Mr. Robinson stated that Swedish Marine does not remain open after 5:00 p.m.; however, they work until 12:00 noon on Saturdays during the summer months. He referred to the Planning Commission meeting in 1987 concerning Hornblower wherein a condition states that a charter boat service shall not exist unless an amendment to Site Plan Review No. 41 has been approved. Mr. Robinson emphatically expressed his concern that the Planning Commission would consider revocation of the use permit inasmuch as the subject operation has complied with the conditions of the use permit. n response to a question posed by Commissioner Person regarding he aforementioned wedding chapel, Mr. Robinson stated that an -17- COMMISSIONERS February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX application was submitted to the City; however, it was returned to the applicant/tenant because sufficient information was not provided to staff. Ms. Flory explained that the property owner is responsible for the enforcement of the conditions of the use permit. Commissioner Person indicated that commercial leases generally indicate that tenants shall comply with all Government rules and regulations. Mr. Roy King, charter boat tenant, appeared before the Planning Commission. Mr. King explained that the wedding chapel consists of the office space on the ground floor of the building and is a gathering area for the boat passengers before boarding the yacht. Mr. King stated that two weddings were held prior to notification by the City. Commissioner Pomeroy addressed the circumstances surrounding the illegal wedding chapel. Mr. King stated that his charter boat business was originally located at 2751 West Coast Highway, adjacent to The Chart House Restaurant, for approximately 5 years; however, he said that based on the required number of parking spaces for The Chart House Restaurant, the City required that his operation be moved to another site three years ago. Mr. King stated that another. charter boat operation is currently operating out of The Chart House Restaurant site. - In response to questions posed by Commissioner Person, Mr. King replied that the charter boat he operated three years ago, and is currently operating, is 105 feet in length. He explained that the Spirit of Newport is a documented vessel that is Coast Guard inspected, and is currently certified for 149 passengers. He further explained that a second charter boat is B. P. John, is Coast Guard inspected, and carries 120 passengers. Mr. King replied that his charter boat business was larger several years ago than it is today; however, he said that charter activity is not consistent. Mr. King questioned the 35 boats that Mr. Parker operates that carry a potential of 300 people, that he conducts a sailing club, that 35 parking spaces are available for the operation, and a restaurant and an additional use are also being added on the property. Mr. King -18- COMMIS.S.IONERS February 21, 1991 MINUTES o� CITY OF NEWPORT BEACH ROLL CALL INDEX stated that The Chart House Restaurant property recently loaded seven boats with passengers. In response to a question posed by Commissioner Merrill, Mr. King replied that the parking spaces at 'Be Chart House Restaurant were designated for the restaurant after 5:00 p.m. He explained that after his move from the property, three charter boat operations were opened on The Chart House Restaurant property with the approval by the City. In response to questions posed. by the Planning Commission, Mr. King explained that the Marine Department informed his charter boat service that no parking spaces and no commercial docks could be provided for his operation; however, he said that when the use permit was approved for The Chart House Restaurant, the charter operation and other uses existed on the property. Mr. King stated that seven charter boats operate from the John Dominis Restaurant site, and no rest rooms or trash disposable area are provided, as required. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that charter activities are primarily regulated by two Departments in the City: the Business License Division and the Marine Department. He explained that the Planning . Department works with both Departments when requests are made for charter boat activities. Mr. King addressed conflicting conditions that exist to regulate charter boat operations. Motion * Motion was made -to schedule a public hearing for Use Permit No. 1889 for April 4, 1991. Commissioner Person requested that appropriate backup material be provided for the public hearing. He stated that the Planning Department and the Planning Commission need to have a better handle on the upland activities associated with charter businesses in the Harbor. Substitute Substitute motion was made and voted on to continue testimony Motion regarding Use Permit No. 1889 so as to assist the staff in preparing All Ayes the staff report. MOTION CARRIED. -19- COMMISSIONERS February 21, 1991 MINUTES O� CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. King addressed the high standards of the existing charter companies currently in operation throughout the Harbor area; however, he stated that the charters are currently operating under unclear regulations, i. e., the holding tanks. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that when the Business License Division receives a request for a Special Event Permit or a charter activity, the Division contacts the Planning Department for final approval that charter activities are approved at the requested location. He stated that upland support facilities are also reviewed for that location. In response to a question posed by Commissioner Glover with respect to Chapter 5.18, Mr. Hewicker replied that he did not have the figures regarding the number of boat charters operating under Chapter 5.18 or Chapter 17.41 of the Municipal Code. Commissioner Person stated that all of the boat charters do not have to operate under Chapter 5.18. Larry Morgan, majority owner of the boat repair facility on the subject property, appeared before the Planning Commission. He stated that there is no conflict between Avalon Pacific, the boat charter company and the boat yard, that the boat yard rarely operates after 5:00 p.m., and never on weekends. In response to a question posed by Commissioner Edwards, Mr. Morgan stated that the existing uses on the subject property do not interfere with each other. Mr. King reappeared before the Planning Commission wherein he responded to a question posed by Commissioner Edwards. He explained that the boat charter use is issued permits per boat on a monthly basis from the Business License Division. He stated that the application requests the list of charters for the month for the specific boat, the number of passengers carried, the time of operation, and how the charter company intends to provide parking. Mr. King stated that it is difficult to police the charter oats inasmuch as most of the charters are during the evenings or eekends. Mr. King stated that a charter boat that Hornblower -20- ,COMMISSIONERS February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX chartered during the Harbor Christmas Parade carried 500 passengers on one boat, leased 35 parking spaces from the. subject facility and that was the total parking provided for the passengers on three charter boats, and that City permits were issued for said charters. In response to a question posed by Commissioner Di Sano, Mr. King replied that there is confusion with the permitting process through the City. Mr. Jim Parker, 2633 West Coast Highway, appeared before the Planning Commission. Mr. Parker referred to letters that he addressed to the Business License Division and the Planning Department that are attached to the staff report. In rebuttal to aforementioned comments, Mr. Parker stated that he operates 10 charter boats and not 35 boats, that his boats have been inspected by the Marine Department, that the boats have holding tanks, and his operation is in compliance with City Codes. Mr. Parker indicated that a revocation or suspension of Use Permit No. 1889 is not necessary. He stated if the property owner would be given clear guidelines, and if the proper restrictions or conditions were monitored, that it would clear up concerns he previously expressed. In response to a question posed by Commissioner Di Sano regarding the City's policies, Mr. Parker explained that his sailing charter business operates under a different set of procedures than the foregoing boat charter business. He explained that his business is restricted to six passengers or less, and boat charters operate under different regulations. In response to a question posed by Commissioner Pomeroy, Mr. Parker replied that his business does not operate a boat charter, and his passengers belong to a sailing association to charter the oats. Mr. Hewicker stated a boat charter business exists on another site that requires an amendment to a use permit, and, as of this date, an amendment has not been granted. -21- COMMISSIONERS February 21, 1991 MINUTES 0� ` CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Robinson reappeared before the Planning Commission to address issues that were expressed by the Planning Commission and staff. Commissioner Pomeroy requested that the information in the April 4, 1991, Planning Commission staff report contain conditions of other use permits in the adjacent area for the purpose of further review of the subject use permit. Chairman Debay referred to the January 14, 1991, City Council minutes, wherein she pointed out that the Planning Commission is responding to the Use Permit and not the Harbor Permit. Ms. Flory addressed the intent of the review of Use Permit No. 1889, and she stated that the existing parking conditions and the establishment of a wedding chapel may not be sufficient factors to consider revocation of the use permit. Ms. Flory determined that a public hearing would address the consideration of amending the use permit. Commissioner Person and Commissioner Edwards addressed their previous considerations regarding revocation that were discussed by the Planning Commission. Commissioner Glover addressed the review of Use Permit No. 1889, and she stated that it would not be appropriate to gather the aforementioned requested data pertaining to use permits adjacent to the subject property. Mr. Hewicker explained that the information could be segregated into three issues: the subject use permit; other charter boat companies that are operating in the Harbor area without a use permit, and to the best of his knowledge that is true in only one case; and how the overall permit procedure is handled through the Marine Department, the Business License Division, and the Planning Department and if the Planning Commission would recommend changes to the current policy. Commissioner Pomeroy addressed the applicant's request for a wedding chapel. Mr. Hewicker stated that Code Enforcement -22- February 21, 1991 MINUTES ,COMMISSIONERS CITY OF NEWPORT BEACH ROLL CALL mailed a letter to the applicant in December regarding the violation of the wedding chapel; however, he commented that wedding ceremonies have continued through February 16, 1991. Commissioner Pomeroy commented, and Mr. Hewicker concurred, that the Planning Commission could act upon the request for a wedding chapel at the April 4, 1991, Planning Commission meeting if the applicant submitted an application. In response to a question posed by Chairman Debay, Mr. Hewicker replied that the primary concern to be addressed will be the boat repair facility and the appropriateness of boat chartering activities on the property. Commissioner Di Sano supported the motion. He addressed the intensification of use on the subject property and the existing uses that were not permitted under the use permit. Commissioner Di Sano also addressed the confusion of the procedures that are currently being followed by the charter boat business. Commissioner Edwards supported the motion to schedule a public hearing for Use Permit No. 1889 at the April 4, 1991, Planning Commission meeting. All Ayes Motion was voted on, MOTION CARRIED. ADDITIONAL BUSINESS: Commissioner Di Sano commended the City for distributing water conservation information to its citizens. After discussion, staff was directed to send a letter to the City Council and the Parks, Beaches and Recreation Commission, suggesting that the City establish a demonstration garden of drought resistant plants in front of City Hall. -23- INDEX Additional Rn--iness- I' I _ I �E f; /l47 .' 1z c I 41 I Planning Commission Meeting February 21, 1991 Agenda Item No. 5 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1889 (ReviewDiscussionl Request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code. so as to allow the use of compact parking .spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. LOCATION: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Edward B. Robinson, Newport Beach OWNER: Bertha Robinson, Newport Beach Application This item involves a request to review a previously approved use permit which permitted the construction of 2, two-story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. The proposed review involves consideration of the appropriateness of boat charting activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. TO: Planning Commission - 2. Background At its meeting of February 8, 1979, the Planning Commission approved Use Permit No. 1889 and certified a related environmental document associated with a request to permit the construction of 2, two-story buildings_ for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. Said action was taken with the findings and subject to the conditions set forth in the attached excerpt of the Planning Commission minutes dated February 8, 1979. Subsequently, the City Council reviewed and sustained the action of the Planning Commission at its meeting of February 26, 1979. An excerpt of the City Council minutes are attached for the Planning Commission's information. Previous Discussion and Provisions Related to the Marine Repair and Dock Facilities 7 - + +.� +,. +1,,,+ +h., l.; + or a c+ill rnm inc + A ci+n of T renn�c It is s1gi11f11 a11L LV 110 LG L110.L L11G subject property was, aria st 11 ia.iiiaiiio, the ,.a .ova, Ships ard, and that the consideration of Use Permit No. 1899 gave a considerable amount of attention to designing a project which would allow for the continued operation of the boat repair facility on the site. Specific reference is made to Mitigation Measure No. 15 of the certified environmental document (copy attached) which says: 15. The proposed marine service and repair facility be continued on the site as indicated by the site plan. In addition, the following findings and conditions of Use Permit No. 1889 had specific reference to the marine service and repair facility and the manner in which the dock facilities were to be used. Findings: 2. That the project has been designed to preserve a portion of an existing boat yard currently operating on the site and the approval of this request will not preclude the preparation or adoption of a Local Coastal Program. 4. That the retail and commercial office uses of the site are in conjunction with one or more incentive uses as defined in Section 2062.070.1 1 Section 20.62.070 of the Municipal Code was subsequently amended and the incentive use provisions for the Mariner's Mile Specific Plan Area are now included in Section 20.62.040 of the Municipal Code. TO: .Planning Commission - 3. - Conditions: 3. That the proposed boat slips bayward of the property shall be utilized for boat sales or the boat yard. No commercial slips shall be permitted, unless the required number of off-street parking spaces and rest room facilities are provided. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and rest rooms shall be provided in accordance with the City's Harbor Permit Policies. Recent Council Action Concerning Use Permit No. 1889 At- its meeting of January 14 1991, the City Council considered Harbor Permit Application 129-2703 by the Bertha Robinson Partnership, which involved a request to revise the commercial docks bayward of the subject property. Said consideration included a report and recommendation (copy attached) from the Tideland Affairs Committee (TAC) which expressed some concern regarding the size of the boat charter operation on the site. As a result of its review of the requested harbor permit, the City Council requested that the matter be referred to the Planning Commission for a determination as to whether Use Permit No. 1889, as currently written, prohibits charter boat operations from the subject property. Provisions of Use Permit No. 1889 Relative to Boat Chartering Activities The original filing of Use Permit No. 1889 was required in order to allow the construction of two office buildings on the subject property which would be occupied by a mixture of retail, office and light manufacturing uses. In accordance with Section 20.62.040 of the Mariner's Mile Specific Plan, such uses are permitted in the "Recreational Marine Commercial" area, subject to the approval of a use permit in each case. It should also be noted that such uses also require that 40% of the site be used for incentive uses as set forth in the Specific Area Plan. Use Permit No. 1889 satisfied the incentive use requirement by maintaining the existing marine retail use and a portion of the existing boat repair facility which originally occupied the subject property. It should be further noted that the original approval of Use Permit No. 1889 did not include any specific reference to proposed or future boat chartering activities from the subject property. However, there was no restriction placed on the use permit which would prohibit boat chartering, provided that the appropriate upland support facilities (parking and rest rooms) are provided. . Provision of Upland SWVort Facilities The provision of upland support facilities is regulated by the Marine Department when boat chartering is conducted in conjunction with a Commercial Harbor Activities Permit, issued TO: Planning Commission - 4. in accordance with Chapter 17.41 of the Municipal Code (copy attached), and by the Business License Office when such activities are conducted under the provisions of Chapter 5.18 of the Municipal Code (copy attached). The practical difference between the two procedures is that the former regulations pertain to permanently established boat chartering facilities, whereas the later provisions -pertain to periodic charter activities which are permitted on a case by case basis. It should be further noted that in the case of boat charters permitted under Chapter 5.18, there is no specific provision which requires that rest rooms be provided on the upland property which available to charter patrons. As a result, the Licensing Division has not previously required rest rooms on the upland property, inasmuch as such facilities are always provided on the charter vessel. On the other hand, chartering activities permitted under Chapter 17.41 always require that rest rooms be provided on the upland property. In the case of the subject property, rest rooms are required and are provided to charter patrons in accordance with Condition No. 3 mentioned above. As a final note, most of the boat charters operating in Mariner's Mile are permitted under the provisions of Chapter 5.18 and have not been required to provide rest rooms on the upland property. . Boat Chartering Activities on the Subject Properly The existing boat chartering business which operates from the subject property is known as Avalon Pacific and occupies all of the ground floor portion of the office building located adjacent to the bay and which includes approximately 2,400 square feet on the ground floor. The boat chartering activity includes a total passenger capacity of 275 passenger per day. In accordance with Chapter 5.18 of the Municipal Code, 92 off-street parking spaces are required for such an operation, based on a formula of 1 parking space for each 3 passengers. Staff has also become aware that Avalon Pacific has been using a portion of their leased space as a wedding chapel and private parties in conjunction with their boat chartering activity. In accordance with the Mariner's Mile Specific Area Plan, such uses require the approval of a use permit which the operator has not obtained. Therefore, staff sent a letter to Avalon Pacific on December 7, 1990, informing them that such uses are in violation of the Municipal Code, and to discontinue such activities until the appropriate approvals are obtained. On February 6, 1991, staff received an incomplete use permit application in the mail which did not include any plans or property owner's list. Staff therefore contacted Avalon Pacific by phone and returned the application by mail. Staff has further information that Avalon Pacific has continued to operate the wedding chapel and conduct private parties on the upland property, in violation of the Zoning Code since the December 7, 1990- notification. Existing Off -Street Parking In accordance with the approval of Use Permit No. 1889, 35 on -site parking spaces are required for the various uses occupying the existing buildings on the property, and does not include any provision of parking for the dock facilities. This is the reason that Conditions No. 3 and No. 15 mentioned above, were required by the Planning Commission and the City that the par-ang nas Peen anereu sugAiily 5V as LV Auu Uit;auul«Yliai Yaiiuii , bYa�a a acemt to: ' � Spate N � sh(),W!" tli A -ebed. site plan The additioh of this parklzt sp reduces the avatlabl: turmt radius -ror the access aisle and therefore must be ren csved. Tn'acidition, the .7 required par' U spaces located along the westerly property I ine are bering used by the marine service and repair business for boat repair and boat storage and are hot. regularly available for, off-street parking. After reviewing the original staff report for Use Permit No. 1889, it appears that the original proposal envisioned that the cars using Parking Spaces No. 24-30 would be able to park over the top of the wench' cables which are used to move boats in and out of the water. Said parking spaces were to �be available' for parking except when boats" were being taken in or out of the water. `In discussing this matter with the owner of the boat repair business, he has indicated that his operation is absolutely dependent on being able to use this portion of the parking area as part of the boat repair activity and to compensate for the loss of on -site parking, he has required his 8 employees to park in the Mariner's Mile Municipal Parking Lot. Such practices are. a violation of the approved use permit inasmuch as they result in only 28 conforming on -site parking spaces when 35 spaces are required. In light of the above information, and assuming that corrective measures are taken to restore the on -site parking to its original configuration, Avalon Pacific has indicated that they have use of all 35 on -site parking spaces after 5:00 p.m. during the week and all day and night on weekends for boat charter activities. However, based on conversations with the operators of Swedish Marine which requires 9 parking spaces and Iarson's Ship Yard which requires 2 parking spaces, both are open beyond 5:00 p.m. and on Saturdays during the summer months. Therefore, based on established parking requirements for the above uses, during the peak summer months there are only 24 on -site parking spaces available for the boat chartering -activity. Based on actual demand, the attached letter from Mr. James Parker who. is an adjoining property owner, indicates that on a specific occasion during August 1990, as many as 20 parking spaces were occupied by other tenants or their customers after 5:00 p.m. Therefore, it appears that in some instances only 15 parking spaces may be available for chartering activity during the peak summer months. In addition to the 15 on -site parking spaces that can be expected to be available, Avalon Pacific has also leased 43 additional parking spaces in a privately owned off -site parking lot located behind the property at 2434 West Coast Highway (Sonship Christian Bookstore). The Planning Department and the City Traffic Engineer have previously reviewed and approved the use of these parking spaces in conjunction with the previous boat chartering activities conducted by Avalon Pacific. Based on these figures, Avalon Pacific has a total of 58 parking spaces available for boat charters which would allow a maximum passenger capacity of 174 people (58 spaces x 3 = 174 passengers). It should also be noted that Avalon Pacific has previously represented that they can provide up to 65 on -site parking spaces if a valet parked, tandem configuration were used. However, the City Traffic -Engineer has indicated that under no acceptable circumstances could 65 TO: Planning Commission - 6. tandem parking spaces be provided on the subject property, and that due to the limited access to the property from West Coast Highway and the difficulty for emergency vehicles to access the property, valet and tandem parking should not be permitted on the property under any circumstances nor should the driveway ever be blocked for the purpose of controlling access to the property. Summary and Conclusion In response to the original question raised by the City Council, it is staff s opinion that the existing Use Permit No. 1889 does not prohibit boat chartering from the subject property and that under the provisions of the Mariner's Mile Specific Plan and the existing conditions of , approval of Use Permit No. 1889, boat chartering may be conducted from the site provided that such activity fully conforms to the applicable provisions of Chapter 5.18 or Chapter 17.41 of the Municipal Code; that adequate rest rooms be provided to charter patrons; that adequate parking be provided on the upland property, taking into consideration the expected parking demand of other tenants on the site which are open after 5:00 p.m. and on weekends; and that no portion of the upland property be used for a WPCl(111'� chapel or other public assembly use, unless usellPrrr�i"t i,� s anr�cnA Oho Planning Commission. It should be noted. that all of the above provisions may be requiredof Avalon Pacific through existing administrative procedures. However, should the Planning Commission wish to add toL or modify the existing conditions of Use Permit No. 1889 so as to more directly address boat chartering activities from the subject property, said action would require that a public hearing he scheduled to consider an amendment to Use Permit No. 1889. Should the Planning Commission not wish to amend Use Permit No. 1889, it should direct staff to report its determination in this matter to the City Council. PLANNING DEPARTMENT JAMES D. HEWICKER, Directkr . i liam and Senior Planner BILL-W\UP\UP1889K Attachments: Vicinity Map Excerpt of the Planning Commission minutes dated February 8, 1979: Excerpt of the City Council minutes dated February 26, 1979 Previously certified environmental document associated with Use Permit No. 1889 with mitigation measures Excerpt of the City Council minutes dated January 14, 1991 Memorandum from the Tidelands Affairs Committee to the City Council dated January 14 1991 Copy of Chapter 5.18 and Chapter 17.41 of the Newport Beach Municipal Code Letter from Jim Parker dated February 6, 1991 with attachments Site Plan and Floor Plans \ \ T L o \C-I--H O O 0o- m o \ o o � O O m \ H 4<ecvis- -. VIA .`/fy \\ pfOID �fDI pa iol1bG to/^.-f•�4!lOYErotrl�7p 'COME •f !/.N F MAP NO. DISTRICTING MAP NEWPORT -BEACH CALIFORNIA R-A AGRICULTURAL RESIDENTIAL R"4 MULTIPLE RESIDENTIAL - -R-1 SINGLE FAMILY RESIDENTIAL C-.1 LIGHT COMMERCIAL - R-2 DUPLEX RESIDENTIAL C2 _.GENERAL COMMERCIAL - )F FEET _R-3 _ HEST. MULTIPLE FAMILY RESIDENTIAL M-I .MANUFACTURING - ° G0O °Pv COMBININGDISTRICTS- - ORD. NO. 69S �..� UNCLASSIFIED FR T YARD SE BACK SHOWN THUS:-U- LIMITED COMMERCIAL DEC. -2f.. 1956 Pf� I T M0. i 9 COMMISSIONERS City of Newport Beach February 8, 1979 I ROIL CAL \ Com 1 Toner Beek then responded that he felt the s under dFscussion would not be a benefit to the comn y and confusing additional informatin but un =5rs ar�at-Planning Motion x Motion was maCommission make the f Ayes x x x x x x findings: Noes x 1. That the request is pnsistent with the standa requirements of -,the Pt'a�edCommunity Text. 2. The approval of Use Pero 1899 will not, circumstances of this case, be detrimental to safety, peace, morals, comfort an eneral wei persons residing and working in the ighboncc det:-imental or injurious to property an imprc in the neighborhood or the general welfare Qf I and approve Use Permit No. 1899, subject to the fol conditions: II 1, That the wallisigns be in substantial conformz the approved plot plan and elevations. 2. That the signs 'shall not be illuminated. Request to permit the construction of 2, two-story that may include a mixture of retail, office and l facturing uses on a site in the Recreation and Mar mercial area of the Mariners' Mile Specific Plan A the acceptance of an Environmental Document. A mol from the required parking standards is also reques a portion of the required offstreet parking spaces compact automobiles. Existing uses along the West Highway frontage of the property and a portion of Shipyard facility are proposed to remain on the si conjunction with the proposed development. Location: A portion of'Lot H, Tract No. 919, 2701-2703 West Coast Highway, on th side of West Coast Highway, between Avenue and: Tustin Avenue on Mariner Zone: Specific4lan Area No.: Applicant: Edward B. Robinson, Newport Beach Owners: Elmer John.Larson, Newport Beach; a lyn I. Snyder, Balboa Island -18- MINUILa INDEX gns in ty, 1. )llowing •ds and order the the health fare. of )d or be vements the City. 1 dw ig nce with \ building; ILem -7 ght manu- ne Com- USE PERMIT ea, and 17. 1889 ification ed, since APPROVED are for CQIJDI- Coast TI-MALLY arson's e in ocated at Lsoutherly Riverside s Mile. id Gwendo- kP' COMMISSIQNERS ROLL CALL :j MINUTES:- 3' City of Newport Beach February 8, 1979 ,T INDEX 'ublic hearing was opened in connection with this item and ;dward Robinson of Robinson Development Company appeared )efore the Planning Commission and relayed the general iistory of the development of the -area He then requested two modifications to the Staff Report h The first involved the 20' minimal setback requirement fo'r the marine way. He advised that the additional footage was unnecessary due to the maximum 16' cradle width. He conSSurred, additionally, that due to the 3'-5' space from the 2 ter line to the end of the porch, workers' working room woluld be adequate with a 17' setback for the marine way. Mr. Robinson's second modi- fication request involved a deletion off the Staff's suggested reduction in the floor space of the proposed building of at least 750 sq. ft., or a deletion of Staff's suggested 38 offstreet parking spaces. Mr. Edward Sands, Architect, next appeared before the Plan- ning Commission to introduce himself and to express his willingness to answer any questions regarding the asthetics c: the project. He informed the Planning Commission that if the 750 sq. ft. is eliminated, the office building would not be economically feasible and the shipyard would not be able to function. Mr. Robinson again approached the Planning Commission to con- cur that the yacht sales alternative would not be economicall advantageous, and an office building denial would not allow the shipyard to exist, also due to economics. Richard Hogan, Director of Community Development, advised that a 17' minimal setback might limit the boatyard opera- tion. Commissioner Haidinger expressed his general opposition re- garding the attempt to inforce continued participation in any particular business, if economics dictate otherwise. He also commented that in this particular project he felt that it should be the landowner's responsibility to provide adequate parking. Mr. Larson, owner, appeared before the Planning Commission to assure them that the,fascia on the west porch would extend to no loss than 7' above the grade of the ramp. There being no others desirir; to appear and be heard on this item, the public hearing was closed. COMMISSIONERS ROLL CALL Motion Ayes Noes ©K MINUTES City of Newport Bea1. ch February 8, 1979 j Motion was made that Planning Commission make the followinn .findings: 1. That the proposed use is consistent with the Land Be Element of the General'Plan and the provisions of the Mariner's Mile Specific Area Plan and is compatible with surroundngland uses. 2. That the project?has been designed to preserve a por- tion of an existing boat yard currently operating on th site and the approval of this request will not preclude the preparation or adoption of a Local Coastal Program. 3. That based on the infohmation contained in the Initial Study and mitigation measures indicated in the Negative' Declaration, the proposed project will not result in a significant adverse environmental effect. 4. That the proposed retail and commercial office uses of the site are in conjunction with one or more incentive defined.in•Section 20 uses as 62.070 of the Municipal Code and that the incentive use occupies a substantial portion of the site 'including parking for the incentive use. 5. That the Negative Declaration and Initial Study are com plete and have been prepared in compliance with the California Environmental quality Act, and that their contents have been considered indecisions on this pro- ject. 6. That the establishment of compact parking spaces will not, under the circumstances of t!he particular case, be detrimental to the health; safety,, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City -and further that the proposed modification is consistent with the legislative intent of.Title 20 of this Code. The approval of Use{Permit No. 1889 will not, under the circumstances of "this case, be'detrimantal to'thc health,.safety, peace,` morals, comfort and general wel- fare of persons'residing and working in the neighbor- hood or be detrimental?br'injurious to property and improvements in'the.neighborhood or the general welfare of the City. i 7ir INDEX 3.' That the proposed boatslips bayward of the property shall be utilized for boat sales or;the boat yard. No commercial slips shall be permitted,'unless the re- number of offstreet parking spaces and restroom facilities are provi ded4 tp, 4. That a minimum setback•of•17 feet shall be maintained for the marine way and•a•40 foot setback for the stor- age track, free and clear,of any obstructions. 5. A Harbor Permit shall be.,,secured for the proposed con- struction of the projectover the water. 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. , 7. That the applicant shall provide for weekly debris clean-up under the proposed water -front building. s; 8. That the site, with the exception of the marine way, shall be graded to drain to West Coast Highway. ao 9.. That the applicant shallA nstall and maintain catch basins on site which prohibit debris and residue from th. boat yard entering'.the;bay.. Said basins shall be subjec to the approval and inspection of the Marine Department. 0. That the parking areas shall be vacuum swept on a weekly basis. I 1. That the applicant shall install and maintain grease traps in the parking COUNCILME M I N U I t. MORENO %P ROLL CALL\ Motion Ayes x x x Noes Motion 1 All Ayes Motion Ayes x Noes I x 1 X Motion Ayes x s Noes x 1 ■ra OF INDEX 3. Mayor Ryckof[:opened the public Bearing regarding review by. City CQur)Cil of a request of Edward 1L (llm i1 Right -)I Robinson, Newport Beach, to permit the construe- i buildings that may include a 1, v! Ili' 13,99 tion of two 2-story mixture of retail, office and light manufacturing (1182) uses on a site in the Recreation and Marine I Commercial area of the Mariners' Mile Specific Plan Area, and the acceptance of an Environmental Document (Use Permit No. 1889). A modification I from the require par ing Stan ards is also re- I quested, since a portion of the required off-street Exist - parking spaces are for compact automobiles, Exist- West Coast Highway frontage of 1 Ing uses along the the property and a portion of -Larson's Shipyard in facility are proposed to remain on the site with the proposed development, located conjunction at 270I1_2703 West Coast Highway; on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue on Matiner's Mile; zoned Specific Plan Area No. 5. A report was presented from the Community Development Department. i David DmohOwski, Advanced Planning Administra- I tor, addressed the Council in response to questions regarding the reduction in the shipyard facility. i Edward B. Robinson, applicant, addressed the Coun- cil and was granted three additional minutes for his j presentation. The hearing was closed after it was determined that no one else desired to be heard. Councilman Strauss made a motion to overrule the and deny Use decision of the Planning Commssion Permit No. 1889 with the following findings: (a) That the project as designed will eliminate a portion of the boat repair and drydock facili- ties currently operating on the site and the i approval of this request at this time precludes the preparation or adoption of a Local Coastal Program. (b) The approval of Use Permit No.1889, at this I time, will under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property or improvements In the neighborhood or the general welfare of the City. The motion failed. �9unci?_marx.t►4athg� (nod : a .lap t!on to .sustain, the 1 dceision..oi,.th -Planning Commission and, approve use: Permlt,jlo. 1889, which motion carried. Volume 33 - Page 45 l `/ 0 NEGATIVE DECLARATION TO: Secretary for Resources FROM: mmunity Development Dept: 1416 Ninth Street, Room 1311 2 ty of Newport Beach Sacramento, California 9581,4 3.00 Newport Boulevard Newport Beach, Calif. 92663 Clerk of the Board of Supervisors X P. 0. Box 687 Santa Ana, California 92702 NAME OF PROJECT: Larsons Landing PROJECT LOCATION: 2701-2703•W. Coast Highway, Newport Beach PROJECT DESCRIPTION: The construction of 2, two-story buildings that may include a mixture of retail, office, and light manufacturing uses, FINDING: Pursuant to the provisions of City Council Policy K-3=pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committeehas evaluated'the proposed project and determined that the prqpose-di project will not. have a significant effect on the environment;: MITIGATION MEASURES: Attached i Use Permit 1889 (Rev.) ,1 LARSON'S LANDING MITIGATION MEASURES 1. A Harbor Perini t'be secured -for the proposed construction of the project -over the water. 2. The property owner approve the transfer of the Harbor Permit to the applicant. 3. A provision for weekly debris cleanup under the proP4sed water -front buildings 'be made. 4. Parking space be provided.in accordance with the standards of the Newport` Beach Municipal Code and with the approval of the Public Works Department. 5..'The site be graded to drain to Coast Highway. 6. The applicant provide on -site retention basins (i.e..igrease traps) and for their maintenance. 7. The site be subject to a grading permit to be approved by the Department of Community Development. 8:-.An erosion and dust control plan be,submitted with the grading permit application and be subject to the approval of the Community Development Department. 9. The erosion and siltation control plan be approved bytthe California Regional Water Quality Control Board -Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 10.—The applicant provide for weekly vacuum sweeping of all surface parking areas. 11., The applicant provide an on -site retention basin (i.e. debris catch basin) in the boat ramp area to prevent debris from entering::+the bay, and to provide for continuous maintenance, subject to Marine Department inspection. 12. The final design of the project provide for the sorting of recyclable materials from other solid wastes. 13.- During construction activities thatdebris be prevented from entering the bay through the use of traps and containment booms provide subject to the approval of the Community Development Department and Marine Department. 14. The existing bulkhead be certified safe for the proposed building by a Re9i,.tered Engineer. 15. The proposed marine service and repair facility be continued on the site as indicated by the site plan. 16. The applicant provide for public restrooms with outside access. 17. The final.design_of the parking lot be approved by the City's Public Works Department. CITY OF NEWPORT BEACH MINUTES January 14, 1991 I (Bond No. 5241 0019 for on -site improvements and Bond No. 5241 0024 for MacArthur Boulevard improvements) in six months provided no claims have been filed. Report from the Public Works Department) 17. T CT NO. 11018 - Approve the improvement Tract!,`:11018 pla s and specifications and accept the pub l c improvements constructed in conju ction with Tract No. 110181455 Super' r Avenue, on.the northerly side of Superio Avenue, between Placentia Avenue and Hoe ital- Road,: in the West Newport Triangle rea; authorize the City Clerk to release th Faithful Performance Bond (Bond No. 4171115 ; and authorize the City Clerk to release t e Labor and Materials Bond (Bond No. 41 115) in six months provided no claims hav been filed. (Report from the Public Work Department) 18. Removed from the nsent Calendar (refer to agenda item O. 1 fer Council aciion) 19. SPECIAL EVENTS AP ICATiONS - Uphold Special staff's recommend ati n to approve the Events/_ following appl calf s, subject to Permits conditions in the staf. report: (Report (27), from the Business Licens Supervisor) (a) Application k. .1 90-469 - Apli 90-469 Fireworks Diepl on the beach - a_t The Wedge r applicant David Swantz bet een 2:00 - 3:00 p.m. on Janus 19, 1991. (b) Application No. -003 - Apli,91-003 Amplified Sound -in re dential district for. applica Paul Reed at 46-14 Cortland rive, Corona del Mar on Janua- 18, 1991 from 6:00 > 11:00 P. 20. BUDGET AMENDMENTS - For approval: None. O. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department with Harbor recommendation of the Tidelands Affairs Permit Committee to refer Use Permit No.'1889 back Apli 129- to--the Planning -:Commission for review in 2703 light of_ the request by Bertha Robinson '(51) Partnership to remove the restriction ori' HARBOR PERMIT APPLICATION NO. 129-2703 and allow commercial chartering. Volume 45 - Page 18 l� 4I.l.X Wr-; Ahnrun MINUTES _ ` "CpIA�II, MEMBERS C. S January INDEX ROLL CALL, t F Ed Robinson, Applicant and owner of the Harbor PKppor_y at -2703 West Coast Highway, Permit Apli € addressed the'C4uneil igoiton to the 129-2703 r = ` ' roolnmendatxon Fie stat@d t`hey have rovided the necessArY parking and J.estrooms required for dperating commercial charters, and he takes exception to the ` statements made in the staff reportabout - g his operation. k + .. Tony Melum,° Tidelands`/ Administrator, addressed the Council with the following comments: originally when this permit was aptr4yed, the Planning Commission imposed certain Conditions as "set forth in the staff 'report, and the reasons for these conditions was that when the project was. " completed',' there was no parking available for the slips. The applicant then said he would operate the slips as boats -for -sale, and as a shipyard, because no parking would be required. The Planning Commssion;then ' said that should the applicant wish to convert the slips into commercial slips sometime in the future, then parking and restrooms will be required. Inasmuch as the Applicant is now proposing a charter operation.. with a commercial dock,. . (estimating 275"passengers per day) the - staff felt this matter should be referred " back to the Planning Commission. " Roy King,: part owner of Avalon Pacific, addressed the Council and stated he has been in business in -the City for approximately 10 years, and a tenant of the Robinson's for the last three.years. He reviewed the approvals issued by the City, for parking and the boat charter business; and stated he does not understand why he is being requested to cease.operation,-at this time. Motion x Council Member Hart, Chairman of the Tidelands 'Affairs_' Committee, 'atatedj;the All Ayes_ Committee is concerned About boot, yrs and whether or not they are g©1'' to ire a e to F continue operating in the City; as well as how to'protect the .City'snatural resources' with the types # cCcaerCial; tour boats permitted. Therefore, she moved to refer this item >to thee, Planning Commission- for review, and Yeport back. ... -- Volume 45 - Page 19 CITY OF NEWPORT BEACH Marine Department January 140 1951 TOs MAYOR AND CITY COUNCIL FROM: Tidelands Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 129-2703 BY THE BERTHA ROBINSON PARTNERSHIP, TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 2703 WEST COAT HIGHWAY Recommendation If desired, refer Use Permit 1885 back to the Planning Commission for review, in light of the request by the permittee to remove the restriction on the Harbor Permit and allow commercial chartering. Discussi6n�." This application is. before the City Council as required by Section 5.C.3. of the Harbor Permit Policies which states: 5.0 3 "Prior" approval of the City Council will be required before issuing a permit for shore -connected -structures when the abutting property is zoned commercial." In February 1979 the City Council sustained a decision by the Planning Commission to approve Use Permit .1889 for the property at 2703 West Coast -Highway As part of that approval the Planning Commission made the following findings among others: "That the project has been -designed to preserve a portion of an existing boatyard currently operating on the site". and conditioned their, approval with several conditions;, one of which stated '11(3) That the proposed boat slips bayward of the property shall be utilized for 'boat sales or for a boat yard. No commercial slips shall be permitted unless the required number of offstreet parking spaces and restroom facilities are provided." This condition on the Use Permit was included as a condition in *.the Harbor Permit issued by staff. In the recent past the commercial docks bayward of the above facility have been used as a boarding location for chartering operations by a tenant of the upland property. They have been running charters out of the site on a X, Special Events Permit, charter -by -charter basis. Recently. the Marine Department received a request to allow revisiori of the slips bayward of the property to more efficietly accomodate the charter operation and the boat yard facility. At the tzzne o.the request the Marine Department became aware of Coda�ori,'(j stated above, and this application is now before the pity Council requesting that the restriction be removed and that the docks be allowed to be used for purposes other than boats for sale and_ boatyard facilities specifically for commercial charters. The charter operator is 'proposing'a charter business with a passenger capacity of'275 passengers per day, on site.parking is available for'35"spaces regularly parked after 5 PM weekly and all.' day on weekends, and 65 spaces if valet parked. The charter oporator 'has, entered into a lease with an adjoining property owner to provide 43'additional parking spaces offsite, adjacent to the . property. The applicant has also provided men and women's toilet facilities on site for charter patrons. -The Tideland Affairs Committee has reservations regarding the size of the charter operation on the site, in light of the finding by the Planning Commission that the project had been designed to preserve a portion of the existing boatyard which is currently operating on the site. The TAC is concerned that the magnitude of jl the charter operation on the upland property and the ;use of thet docks bayward of the property as charter operation, has a potential for jeopardizing the marine boatyard. With this concern in mind, the TAC is recommending that the Council refer the existing Use Permit back to the Planning Commission with a request that they review this change in use on the site and determine if it is consistent with the findings and conditions originally approved by the Planning Commission. Again, in the past the docks were primarily used as a berthing spot for vessels for sale and use by the boatyard. It appears, based on the request by the applicant, that the majority of the dock space would now be allocated to the charter operation and as small percentage available to the boatyard. Tideland Affairs Committee Administrator MARINE CHARTER PERMIT 5.16.080-5.18.005 possession of the City Manager that pertain to the grounds for revocation. Notice shall be deemed given when deposited at the United States mail, first class postage prepaid, and addressed to permittee at the address shown on the application for permit. If the permittee does not request a hearing within five (5) days, the decision of the City Manager shall be final and permittee shall have no right to appeal. In the event the permittee requests a hearing, a hearing will be held within five (5) days of the request. The permittee may appear in person, or submit a statement signed under penalty of perjury specifying the reasons why the permit should not be revoked. The City Manager shall. notify permittee, in writing, of the decision within five (5) days after the hearing. This notice shall state the reason for the decision and advise permittee of the right to appeal to the City Council. (Ord. 86-14 § I (per), 1986). .z.a.vC. h. �.ivir�ppca.pi"iIm?appeal ae��ny�a� LU lUL�y Manager to impose condition on a permit, denying a permit, or revoking a permit. by filing a written appeal with the City Clerk within five (5) days after the date on the notice of the decision of the City Manager. The City Council may hear the appeal, or appoint a hearing officer to take evidence, and submit findings and recommendations. The City Council shall render its decision within. five (5) days after the .hearing or submit the findings and , - C recommendations by a hearing officer. The decisions of the City. Council shall he final, (Orel. 86-14 § 1 (part), 1986). Chapter - 5.18 MARINE CHARTER PERMIT Sections: 5.18.005 5.18.010 _ 5.18r020. 5.18.02.5' 5.18.030 5.18.035 5.18.040 5.18.045 5.18.050 5.18.055 5.18.060 Purpose and Findings. Definitions. Permit Required —Violations. Exceptions. Application for Permit. Filing Fee. Issuance of Permit. Conditions. , Indemnification. Transfer Prohibited. Penalty. 5.18.005 Purpose and Findings. The City Council of the City of New- port Beach, in adopting the ordinance codified in this Chapter, finds and declares.as follows: A. In the past few years, there has been a dramatic increase in the num- ber of "bareboat" or demised charters operating in Newport Bay; 92-3 (Newport Beach 2-89) 5.18.010 Definitions. For the purpose of this Chapter, the following definitions shall apply: A. `Bareboat charter" shall mean any vessel not inspected by the United States Coast Guard under Title .46 of the Code of Federal Regula- tions and which has. been chartered for consideration. B. "Certified charter shall mean any vessel inspected by the United States Coast Guard un der Title 46 of the Code of Federal Regulations and which has been chartered for consideration. C. "Chartered for consideration" shall mean a vessel which has been hired or leased by the owner, directly or through a representative; to any person for a.voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt. D. "Commercial fishing vessel' shall mean a vessel registered by the Department of Fish & Game pursuant to Section 7880 of the Fish &'-Game Code of the State of California. E., "Sailing. club" shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of pleasure boats by its membership. F. "Applicant" shall mean the individual in possession and control of a vessel in the case of, a bareboat charter, or, in the case of a certificated charter, the owner of the vessel or authorized representative of the owner. G. ".Six pack charter shall mean a bareboat or certificated charter carrying six or fewer people. H. "Sportfishing charter" shall mean a vessel chartered solely for sportfishing outside Newport Harbor. I. "City -Manager" shall mean the City Manager of the City of New port Beach, or his or her respective assignees. J., "License Supervisor" shall mean the Licensee Supervisor of the City of Newport Beach, or his or her designee. (Newport Beach 2-89) 92-4 MARINE CHARTER PERMIT 5.18.020-5.18.030 K. "Newport Bay" shall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary,or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the .lands lying under the tidal water are privately or public owned. L. "Person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other organization or group of persons acting in concert. (Ord. 88-37 § 1 (part), 1988). 5.18.020 Permit Required — Violations. A. No person shall operate any bareboat charter or certificated charter on the waters of Newport Bay with- out first obtaining a marine charter permit pursuant to this Chapter. B. No person shall schedule, arrange, or coordinate the operation of a bareboat charter .or certificated charter on the waters of Newport Bay with- out first obtaining a marine charter permit pursuant to this Chapter. C. No person who owns a certificated vessel (a vessel inspected by the United States Coast Guard pursuant to Title 46 of the Code of Federal Regu- lations) shall permit or allow the use of the vessel as a certificated charter on the waters of Newport Bay without first obtaining a marine charter permit pursuant to this Chapter. D. No person shall operate a bareboat charter or certificated charter on the waters of Newport Bay without having a valid marine charter permit on board the vessel at all times during the charter. (Ord. 88-37 § 1 (part), 1988). 5.18.025 Exceptions. The provisions of this Chapter shall not apply to the following: A. Any vessel operating .pursuant to, and in compliance with condi- tions of, a valid permit issued pursuant to Chapter 17.41 of the Newport Beach Municipal Code; B. Commercial fishing vessel; C. Vessels operated by a sailing club while carrying six or fewer passengers, provided at least one of the passengers is a member of the sailing club; D. _Sportfishing charters; E. Six-pack charters; F. Vessels used solely for the purpose of boat repair, maintenance or marine construction. (Ord. 88-37 § l (part), 1988). 5.18.030 Application for Permit. Application for permit pursuant to this Chapter shall be filed with the `License Supervisor upon forms provided by the City and shall contain the following information: A. The name, business address, and business telephone number of the applicant; 92-5 (Newport Beach 2-89) C. All' pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the: Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel, ,and any unique or special features of the vessel; D. A full description of the proposed charter including: 1. The hours of operation, 2. The route or routes of travel, 3. 'Maximum number of patrons or passengers, 4. Embarkation and debarkation points, - 5. Activities to be conducted on board the charter, including any "`entertainment, 6. Description of any sound amplification proposed to be used, - 7. Description and location of the parking facilities available for the charter, including any written agreement pursuant to which the applicant has obtained the rights to the parking facilities, and the method by which the applicant proposes to notify all passengers or patrons of the requirement that they park in the designated area, 8: 'A description of the manner in which the applicant intends to dispose of all sewage, trash and litter resulting from the charter, and 9. Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution, litter or any other matter which could adversely affect the health, safety or welfare of those who use, enjoy; or own property near, the waters of Newport Bay; E. Such other information as the License Supervisor deems reasonably necessary to determine whether to issue a permit; F. The application shall be filed no later than five (5) :working days. before the date the charter is to occur. Applications may be considered if: (1) filed no later than two (2) full working days before the charter is to occur; (2) the applicant demonstrates good cause for the delay in filing; and (3) the proposed charter does not require special investigation or the imposi- tion of special conditions. (Ord. 88-37 § 1 (part), 1988). (Newport Beach 2-89) 92-6 MARINE CHARTER PERMIT 5.18.045 that approval will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near the waters of Newport Bay. The appli- cation shall be denied if there is substantial evidence that: 1. The proposed charter is likely to create noise which would adversely affect the use or enjoyment of the waters of Newport Bay by members of the public, or interfere with the rights of those who own property on or near the waters of Newport Bay; 2. The proposed charter is likely to contribute to the problem of pollu- tion or litter on and in the waters of Newport Bay; 3. The proposed charter does not provide facilities to insure adequate off-street parking, or the safe loading and unloading of passengers and supplies. For the purposes of this section, parking shall be considered adequate only if one parking space is provided for each three (3) passengers or the applicant can demonstrate, to the satisfaction of the License Supervisor, that fewer spaces are required because of written passenger com- is + 1 Ff + F r t r. . m:LmenL a^v carpool or use dir.erenL +Q3rTii� of Lranspor�atioiiy 4. The. proposed charter, when viewed in conjunction with other anti- cipated charters and marine operations, is likely to create marine traffic con- gestion or otherwise interfere with the rights of others to use the waters of Newport Bay; 5. The applicant has misrepresentedmaterial facts in the application; / 6. The applicant has, within the preceding ninety (90) days, failed to (\ comply with a condition imposed on a previously -issued marine charter permit. B. I;n the event the License Supervisor denies the application, the ap- plicant shall have the right to appeal this decision, to the City Manager, by filing a written appeal with the office of the City Manager within five.(5) working days from the date on which the applicant has notice of the deci- sion., or at least two (2) working days before the date and time of the proposed.L charter, whichever provides the most time for consideration of the appeal. The City Manager shall consider the appeal' and render a decision within ' twenty-four (24) hours (exclusive of weekends and holidays) from the date of the appeal. The decision of the City Manager shall' be final. C. The term of the permit shall extend` only for the duration of the charter for which the permit was issued. (Ord. 88-37 § 1 (part), 1988)`. 5.18.045 Conditions. A. The License Supervisor may impose any condi- tion on the permit reasonably necessary to insure the proposed charter pro- 'vides adequate parking facilities, does not create noise, does not pollute or litter the waters of Newport Bay, does not create marine traffic congestion and does not otherwise adversely affect the persons using, working in", or living. around Newport Bay. Failure to comply with conditions imposed on any marine charter permit shall constitute a violation of this Chapter. B. All permits issued pursuant to this Chapter are subject to the follow- ing standard conditions: 92-7 (Newport Beach 2-89) puoiic uocx, i 3. Passengers transported to, or from the charter shall not be picked up , ('itV ctry Ptc,-; - 5.18.050 Indemnification. Permittee shall defend, indemnify, and hold City harmless from and against any loss, liability, claim, damage or injury that is in any way related to the bareboat charter or certificated charter for which a permit is granted pursuant to this Chapter. (Ord. 88-37 : § 1 (part), 198.8). 92-8 17.40.090-17.41.005 HARBOR REGULATIONS (b) The houseboat marina has become a source of pollution of the harbor. (c) The facilities of tlhe marina or the houseboats located therein have fallen into a state of disrepair. - (d) Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this Chapter. (Ord. 1029 (part), 1963: 1949 Code § 8705). 17-40.090 Administration of Chapter — Appeal. The provisions of this Chapter shall be administered by the Community Development Director in coordination with the Marine Director. Any aggrieved person may appeal any decision of the Building Official to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date on which notice of the decision is mailed to the applicant. The City Council shall make a decision on the appeal within thirty (30) days -and such decision shall be final. (Ord. 1602 § 11, 1975: Ord. 1286 § 11; 1968 Ord. l0?9 (part) 1963: 1949 Code § 8706). Chapter 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR* Sections: { 17.41.005 Findings and Purpose. 17.41.010 Definitions. 17.41.020 Permit for Commercial Activities Required. 17.41.025 Exceptions, 17.41.030 Application for Permit. 17.41.040 Fining Fee. 17.41.050 Issuance of Permit. 17.41.070 Power to Impose Conditions. Hold Harmless. 17-41.080 Duration of Permit. 17.41.090 Revocation. 17.41.095 Appeal. 17-41.100 Transfer of Permit. 17.41.1 10 Licenses and Fees not Exclusive. 17.41.120 Application to Existing Activities. 17.41.005 Findings and Purpose. In adopting this Chapter, the City Council makes the following findings: (a) There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach.; and *Prior ordinance his tory: Ords. 1345, 1573, 1602, 1612, 1759 and 1766. (Newport Beach 3-85) 368 COMMERCIAL ACTIVITIES, HARBOR 17.41.010-17.41.030 (b) This commercial activity has created an additional demand for available parking and created traffic congestion in and around the :water- front; and (c) On occasion, this commercial activity has created an unreasonable level of noise which has interfered with the ,right of persons who own prop- erty on or near Newport Bay to the peaceful enjoyment of their property; and (d) This commercial activity has the potential to interfere with the free -flow of boats and vessels operating; on waters of Newport Beach and. the potential to increase the amount of pollution .litter on and in those waters. and (e) In adopting, this Chapter, the City Co�mcil intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach are not adversely affected by commercial activities con- ducted on those waters. (Ord. 84-2'9 § 1 (part) 1984). 17.41.010 Definitions. (a) For the purpose of this Chapter, the term "waters of Newport Beach" sliall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary or mean higtn tide line of the Pacific ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lyin_, under the tidal water are privately or public owned. (b) For the purpose of this Chapter, the term "commercial activity" sliall mean any service, trade, business or occupation carried on, for which any monetary or other valuable consideration is received, or for the purpose of profit. (Ord. 84-29 § 1 (part), 1984). 17.41.020 Permit for Commercial Activities Required. No person shall end *aloe in, or conduct, any commercial activity on the waters of Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.025 Exceptions. The requiretnents of this Chapter are not ap- plicable to the following: (a) Commercial fishing activities; (b) Boat repair and maintenance services; (c) Marine construction or contracting services; or (d) Vessels used in conjunction with an exempt activity shall also not be used for office purposes unless such use is specifically authorized via per- mit issued pursuant to this Chapter. (Ord.'84-29 § I, (part), 1984). 17.41.030 Application for Permit. An application for permit under this Chapter shall be filed with the Marine Director, upon forms provided by the City, and shall 'contain the following information, and such. other informa- tion as the City Council niay require: 368-1 (Newport Beach 3-85) 17.41.040-17.41.050 HARBOR REGULATIONS (a) The name, business address and business telephone number of applicant: (b) If the applicant proposes to conduct business under a fictitious name,. the application shall state the name, address and telephone number of each person owning a financial interest in the business: (c) The name, address and telephone number of the person, or persons, who will have general management responsibility for applicant's business; (d) A detailed drawing of the boat, watercraft and/or other facilities applicant proposes to use, together with such specifications and other tech- nical data as may be needed for proper evaluation of the application, (e) A full description of the proposed method of operation of such vessel, watercraft and/or other facilities, including but not limited to: 1. Hours of operation, 3. Maximum number of patrons or passengers, 3. Route or routes of travel, 4. Embarkation and debarkation points, S. Type of a%ru:Ji tiea permitted on -board, , 6. Type of merchandise sold; (f) A description of the manner in which applicant intends to dispose of sewa<-e, trash and litter resulting from the operation; (g) A description of the type of entertainment applicant proposes to provide, if any: (h) A description of any sound amplification which applicant proposes to use, (i) A description and location of parking facilities available for the pro- posed operation: 0) Other information which may be pertinent to vehicular or marine traffic, parking,_ noise, pollution, litter, or any other matter which could adversely affect the health, safety and welfare of those who use, enjoy or own .property near the waters of Newport Beach. (Ord. 84 ?9 § I (part); 1984). 17.41.040 Filing Fee. An application for a Commercial Harbor Activities Permit shall be accompanied by the fee established by resolution Of the City Council. (Ord. 84-39 § I (part), 1984). 17.41.050 Issuance of Pennit. Upon receipt of an Application for Com- mercial Harbor Adivities.Permit, the Marine Director shall investigate the information contained in the application. The Marine Director may refer the application to the Planning Department or other appropriate City depart- ments, or to the Orange County Sheriff's Harbor Patrol for investi.-ation, report or recommendation. Except as provided in this section, the Marine Director shall issue the Permit upon a determination that approval of the Application will not ad- versely affect the health, safety or welfare of those who use, enjoy, or own propety near the waters of Newport Beach. (Newport Beach 3-85) 368-2 COMMERCIAL ACTIVITIES, HARBOR 17.41.070 The Marine Director sliall deny the Application if: (a) The proposed commercial activity is likely to create noise winch would adversely affect use or enjoyment of the waters of Newport Beach by members of the public, or interfere with the rights of those who own prop- erty near the waters of Newport Beach to the peaceful and quiet enjoyment of that property: (b) The proposed commercial activity is likely to contribute to the problem of pollution and litter on and in the waters of Newport Beach: (c) The vessel or craft to be used by the Applicant does not satisfy the applicable standards of the U.S. Coast Guard; (d) The proposed commercial activity is likely to create marine traffic congestion, or otherwise interfere with the riglits of others to use the waters Of Newport Beach: and (e) The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe load- ing and unloading of passengers and supplies. The Marine Director shall notify Applicant of his decision within 90 days from the date on which the application is submitted. (Ord. 84-29 § I (part), 1984). 17.41.070 Power to Impose Conditions, Hold Harmless. In granting any permit pursuant to this Chapter, the Marine Director, or the City Council on appeal. may impose any additional conditions on the permit to \ ensure that the proposed commercial activity will be compatible with the predominantly recreational character of the waters of Newport Beach, the rights of other persons using the waters of Newport Beach, the interests of residents and property owners whose properties abut or are in close proxi- mity to the waters of Newport Beach, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall hold the City, the County of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against, any claim for damages arising out of the exercise of the permit, in addition, the permittee shall reimburse said agencies for all attorney's fees and other costs which are ex- pended by them in defending against any claim, lawsuit or judgment arising out of the activities of the permittee carried on under the authority Of Such permit. The "Marine Director or City Council, on approval or review, shall have the power to impose new conditions or modify existing conditions with re- gard to any permit issued pursuant to this Chapter upon a determination that the operations by permittee, in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. (Ord. 84--9 § 1. (part), 1984). 368-3 (Newport Beach 3-85) 17.41.080-17.41.100 HARBOR REGULATIONS 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid until terminated or revoked. (Ord. 84-29 § 1 (part), 1984). 17.41.090 Revocation. Any permit granted pursuant to the provisions of this Chapter may be revoked, by the Marine Director, in whole or in part, upon five days' prior written notice to permittee, directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit should not be revoked. The notice shall specify the reasons for the proposed action. A permit may be revoked on any of the following grounds: (a) That the permit holder has made a misrepresentation as to any ma- terial fact set forth in the application; (b) For the violation of any law, rule or regulation of the United States, the United States Coast Guard, the State of California, the City of Newport Beach, the County of Orange or the Orange County Sheriff's Harbor relating to the commercial activities authorized by any permit ISSUeu pursuant to this Chapter; - (c) That the commercial activities of permittee adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Beach; (d) That the commercial activities of permittee fall within the criteria . for denial of an application, as set forth in subparagraph (a), (b), (c), (d) or (e) of Section 17.41.050. (Ord. 84-29 § 1 (part), 1984).- 17.41.095 Appeal. Any applicant aggrieved by a decision of the Marine Director may appeal to the City Council. The appeal must be in writing, filed with the City Clerk within 15 days from the date on which notice of the action by the Marine Director was deposited in the U.S. Mail, and must set forth the facts and circumstances that form the basis of the appeal. The City Council may preside over the hearing on appeal or, in the al- ternative, may appoint a licaring officer to receive all relevant evidence and to prepare findings and recommendations to be considered by the City Council at a regular meeting held within 60 days from the date of the hear- ing. The City Council shall determine the merits of the appeal and may sustain, overrule, or modify the action of the Marine Director. The decision of the City Council shall be final. (Ord. 84-29 § 1 (part), 1984). 17.41.100 Transfer of Permit. No permit issued pursuant to the provi- sions of this Chapter shall be transferable either by assignment, sale, hypo- thecation, operation of law or otherwise without permission of the City Council having first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the City Council may impose such conditions as it may determine are in the public interest. (Ord. 84 ?9 § 1 (part), 1984). (Newport Beach 3-85) 368-4 COMMERCIAL ACTIVITIES, HARBOR 17.41.110-17.41 130 17.41.1 10 Licenses and Fees not Exclusive. Fees and permits required . by this Chapter shall be in addition to any license, permit or fee required under any other.Chapter of this Code or any other provision of law. (Ord. 84-29 § 1 :(part), 1984). 17.41.120 Application to Existing Activities. The commercial activities of those holding ernnits issued prior to h effective p tile e h� Chapter _ P 1 ct� � date of is C � t 1 may be continued to the extent authorized by permit or prior ordinances, but the permittee shall not increase, or expand activities beyond those which are conducted on the effective date of this Chapter, unless an amendment to the (permit has been approved by the Marine Director or City Council on appeal Any person, first, corporation or other entity conducting any cony mercial activity on the waters of Newport Beach on the effective date of this Chapter, who does not possess a valid permit issued pursuant to this Chapter, , shall apply to the City for such a Permit not later than ninety (90) daysfronr the effective date of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.130 Misdemeanor — Public Nuisance. (a) Any person violating the provisions of this Section shall be guilty of a misdemeanor. Any person con- victed of a violation of this Section shall be punishable by a fine of not more than S500.00, or by imprisonment in the County jail for a period not to ( exceed six months, or by both such fine and imprisonment. A person violating the provisions of this Chapter shall be guilty of a separate offense for each daywhich any violation is committed: (b) In addition to the penalties provided in subsection (a), any condi- tion caused or permitted to exist in violation of any of the provisions of this Section shall be deemed a public nuisance. (Ord.. 84-29 § I (part). 1984). i i I" RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH 1991 M AM P Y U February 6, 1991 William Ward Senior Planner Planning Department City of Newport Beach P.O. Box 1768 Newport Beach, Ca. 9, Re: Review of Use Permit Dear Mr. Ward: I'm the long-term Lessor of tf Coast Highway. I'm writing t those matters concerning Use 2703 West Coast Highway that Department and Planning Com) known as Port Calypso at ay comments and concerns on . the-, property adjacent by being- reviewed by the 2633 West with regard to mine at Planning. to Although my current concerns 'focus' primarily:on the impact that a high customer volume, large commercial vessel :charter --operation operating next door E- on my .property I have also experienced the to my Port Calypso property las poff�ceanim act of such an operation asenant at- arson's Shipyard. From September of 1981 until September° of 199U a company that I own, Calypso Sailing' Association and Sailing Schools;" leased' office 'space at Larson's Shipyard. However, primarily because of _ disruptive- interference and damage to my normal business operations as a result --of Pacific-Avalon's 'intensified customer use of the property and, in my opinion, their disregard. for the reasonable business rights of others, we opted to relocate our offices:._ Rather than rehash the problems that we had while ''a tenant at Larson's after the arrival of the Pacific Avalon charter operation, ;: I've enclosed copies of certain past correspondence relating to- those problems. I've highlighted the sections that I think _are most-'pertenient to the review: of hand. As you can see on page two of my July 14,` i989 litter, I -.raised ' the same questions' concerning conditions number':3 'and -15' of� Use' Permit 1889 that are now being reviewed at the direction of the-, City Council. vm 2727 W. COAST HIGHWAY e NEWPORT BEACH. CALIFORNIA 92665 • 714/fi45-7100 Returning to my perspective as the landlord at Port Calypso, the problems that I have been plagued with during the two to three years that Pacific Avalon (Avalon) has operated at Larson's are as follows: 1. Numerous and continued infringements on my Port Calypso parking lot by employees, vendors and customers of Avalon. In this case the root of the problem is the lack of sufficient on -site parking to accommodate the volume of parking demand that is created within a very brief window of time. That is to say that, unlike a fixed base restaurant operation where employees, vendors and customers typically arrive over the entire period that the restaurant is open for the conduct of business, a restaurant/party type of charter operation such as this floods the associated property with all three categories of persons and vehicles within a very short period of time (usually an hour or less) since, if they don't arrive within the designated time, they literally miss the boat, the meal and/or the party. These logistical problems are then compounded by ingress/egress and traffic flow complications resulting from the proximity of the parking lot in question to Coast Highway and the fact that its original design did not contemplate this high volume and category of use. If one pictures a random group of about 150 to 250 people in from 50 to 85 cars descending (in a 30 to 60 minute time frame) upon a 35 space parking lot that may be 50% or more occupied (by customers and employees of tenants other than the charter company they are patronizing) when they arrive. And, then pictures the impact on nearby properties when this deluge of people in a big hurry overflows the primary lot and goes into a panic parking mode because they're not sure how to find the designated alternate parking, you'll have a good picture of why I am opposed to any formal approval of any use on the Larson's property that sanctions this type and intensity of use. 2. Over the past couple of years the small boat docks on my property that lie along the easterly edge of Larson's water space have been repeatedly damaged by the frequent pounding that they take when large and heavy vessels such as those used for an Avalon type of commercial charter operation (80' - 100' vessels) attempt to dock in the side tie on the easterly side of the Larson's Shipyard property marina. In addition, two small vessels that at different times occupied an exposed slip on the westerly side of my marina have been damaged by subject large vessels trying to back into an area that simply is not designed and was not originally intended for use by 80' to 100' vessels. My concern is that if the proposed "large vessel" charter operation at Larson's is officially approved and, as recently proposed, the owner of Larson's is then required to modify his docks for heavy commercial use (i.e. stronger pilings, wider dock fingers, etc.), my adjacent docks and boats would still be unprotected and would continue to be subject to damage from large vessels docking in the adjacent waterway. I therefore request that, in the event that the Larson's use permit is modified to allow the proposed commercial charter operation and if, as a by-product of this approval, commercial grade docks are required at Larson's, that they also either - a. Be required .to install ' their easterly dock finger along the property line so as to- buffer the docks and boats on my property. cc: Tony Melum, Tidelands Administrator September 5, 1.989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768. Newport Beach, Ca. 92658 Dear Mr. Everroad : On the 29th of August, in anticipation of Pacific Avalon operating a charter pursuant . to the permit that you showed on file, I assigned one of my employees to monitor the parking situation at Larson's and at my Port Calypso lot during the hours listed on the permit. As it turned out, they did not board a charter at Larson's that afternoon but our monitoring of the lot raises an interesting question regarding their being permitted to list the Larson's parking lot on their permit applications for approval of up to 100 person charters. At 5 : 00 p . m on the 29th, the intended beginning hour of the charter that was listed on the permit, we counted 20 vehicles belonging to employees and customers of the various tenants at the Larson's Shipyard property. Obviously, had the charter come off as planned, this would have led to at least 20 Avalon . customer cars scrambling for parking places at some other location (such as my lot next door) . Therefore, it seems to me that the current interpretation of Avalon's parking rights at Larson's for permit purposes needs to be reviewed. It's a fact that, even if it was not a violation of the use permit, the agreement that Avalon has with Larson's gives them access during specified hours only to the parking spaces that are not being used or are not going to be needed during the period by the employees and customers of other tenants with parking rights at Larson's. Consequently, at those times, Avalon, in actuality has access to from 3 to 35 spaces with no assurance as to what the actual number will eventually turn out to be. So, it follows that any permit issued on the basis of parking availability that assumes in advance that the parking needs by all other tenants will be zero is not realistic and, therefore, is unfair to those tenants, unfair to adjacent parking facilities and not in keeping with the intent of the regulations governing such matters. 2727 W CoostHighu/ay Ne,.✓No; 1 Pn h C/ 199266C 7 ;A/6 ^5-79CC I'd appreciate it if you would reassess your policy of issuing Pacific Avalon permits based on parking spaces that they really have access to only if the rightful parties are not in need of them at the time On a separate but related matter, I asked: your assistant on Friday, 9 / 1, if Pacific Avalon had any charters scheduled during the long weekend and she advised that one permit was on file for Saturday,' 9/2 This charter did go out as listed but there were also two charters by Avalon on the Pacific Adventure on Sunday, 9/3, that apparently were not on file, unless they were overlooked by your assistant when I obtained my information. Thank you for your continued assistance in these matters. Sincerely, Jim Parker, President CALYPSO MARINE, INC. 1 SailingAssock .. _ . . July 14, 1989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768 Newport Beach, Ca. 92658 Dear Mr. Everroad: U-11/1 IY )C;f luu/s Inc. CharterManogement I'd like to thank you for your help with the valet parking problem at Larson's Shipyard last summer. Due to your efforts and those of the City Attorneys office, I'm pleased to find that Avalon Pacific Charters has not resumed their valet parking operation this summer and I have therefore been relieved of the adverse impact that the valet situation was having on my customer relations. However, I'd like you to know that Avalon Pacific is still playing a few games with the parking situation such as placing a sawhorse in the middle of the driveway on some weekend days in a way that, although there is still roo►r, on each side to pass, tends to imply that the lot is closed or restricted in some way and thereby discourages unknowing customers of the other businesses on the property from turning into the parking lot. Also, the sawhorse obstruction is potentially dangerous since it could cause slowing and turn -in confusion in the traffic lane on Coast Highway. Actually, while I thought that you might want know about the sawhorse problem so that you can direct the information to the appropriate city department for possible remedial action, my real purpose in writing you at this time is to challenge any claim by Avalon Pacific in connection with their Commercial Harbor Activities Permit applications to more parking rights than those granted by the use permit for the property (Use Permit 111889) . Avalon Pacific is currently operating under the provision of their lease with the Bertha -Robinson Partnership (copy of pertinent section enclosed) that, in part, states, "Tenant (Avalon Pacific Charters) to have control and access of all parking after 5:00 P.M Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time". This special granting of control and access, I believe, is contrary to the letter and intent of the use permit which states in condition number two that the parking plan for the property will provide one parking place for each 250 sq. ft. of retail or marine sales, or office space. Which then translates to a maximum of three spaces for the office space occupied by Avalon Pacific rather than what, in practice, amounts to access and control of the entire parking lot during the specified times. 2727V1 Coa5 l G•ghiflc/ill Taking it a step further, there 'is' some question in my mind that use permit conditions number three and fifteen even permit a charter business such as Avalon Pacific's to operate from the marina without an approved modification of the original parking and restroom facilities plan. In any event, it's inevitable that the other; tenants on the property (approximately 10) are going to suffer a loss, of their parking rights when a tenant with parking rights for three spaces and a charter business that may require as many as 50 or more spaces for Harbor Permit purposes is given direct control of the parking lot. And the portion of. the Avalon Pacific lease provision that states that other tenants and their customers will be allowed free access is an empty protection because what it really comes down to is that the rightful parking spaces of other tenants are available only if they get to them before Avalon Pacific fills up: the lot with charter customers and, even then, they are likely to be hassled , by Avalon Pacific personnel. I certainly do not believe that the City Council in approving Use Permit 1858 intended it to be this way and, if you agree, I'd appreciate your assistance in helping me to correct this inequitable situation. Sincerely, Jim Parker,. President CALYPSO MARINE, INC. j i D. In addition to other remedies available in the Lease, Landlord shall have the option to cancel this option to rent slip space portion of the Lease if slip and/or office rental is more than thirty (30) days past due on any payment during the term or extension of either office or slip space. E. Tenant shall abide by the License Agreement and the Rules and Regulations of The Bertha -Robinson Marina, which documents are attached hereto as`Exhibit 34. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat charter during <normal week -day work hours shall not park in the Larson Shipyard parking area. Normal work hours are to be 9:00 a.m. to 5:00 p.m. Monday through Friday. Tenant to have control and access of all parking after 5:00 p.m. Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time. Further, Tenant understands that Landlord is not familiar with the requirements for a boat chartering operation; therefore, it shall be Tenant's sole responsibility to insure that such an operation will be permitted from these leased premises, prior to Tenant's execution of this Lease. LANDLORD: TENANT: THE BERTHA-ROBINSON PARTNERSHIP_, a California -General Part ip /J r' Ar ward B. Robinson, General Partn (D te) By: Robert 0. Briggs, Attorney -in -Fact (Date) for Albert Frederic Bertha & Brian Andrew Bertha, General Partners, pursuant to Power of Attorney dated 07-23-84 AVALON PACIFIC YACHT CHARTERS, INC., a California corporation By: Jor Gall esident (Date) y r4 February 6, 1991 Tony Mellum Tidelands Administrator Marine Department City of` Newport Beach, P.O. ,,Box,,, Newport Beach, Ca. 9265 . . Dear Tonv. ,°M". nclosed a copy of the le the Larson's Shipyard properi correspondence referred to in As you can see, rather than concerns and another separa covered both of them in the sort out any jurisdictional qi Please call me at 645-7100 any other way in the revi T CALYPSO to William War( Copies of the .closed. Bill about my landside my bayside concerns I've Heave it to you and him to or if I can participate in 2727 W. COAST HIGHWAY • NEWPORT BEACH, CALIFORNIA 92663 o 714/645-7100 OR? February 6, 1991 William Ward Senior Planner Planning "Department City 'of- Newport Beach P.O. Box 1768` Newport Beach, Ca. 92659-1768 ,Re.: , Review of Use Permit 1889: Dear Mr. Ward: I'm the long-term Lessor of t Coast Highway. I'm writing those matters concerning Use 2703 West Coast Highway that Department and Planning Corr Although my current con customer volume, large c to my Port Calypso prop( impact of such an operat: September of 1981 until 1. Association and Sailing S However, primarily beca-c business operations as a the property and, in my rights of others, we optE Rather than rehash the the arrival of the Pacific certain past corresponde sections that I think are see on page two of my �J concerning conditions nu reviewed at the director Avalon charter opera ce relating to those .most pertenient to th ly 14, 1989 letter, I iber'3,and 15 of Use property Port Calypso at 2633 West is and concerns with regard to �operty adjacent to mine at reviewed by the Planning the impact that a high )peration operating next door 'I have also experienced the Larson's Shipyard. From my that I own, Calypso Sailing e 'at Larson's Shipyard. once and damage to my normal intensified customer use of for the reasonable business bile 'a tenant at Larson's after jn, I've enclosed copies of oblems . I've highlighted the review at hand. As you can iis'ed "the' same questions ermit 1889 that are now being 2727 W. COAST HIGHWAY ® NEWPORT BEACH, CALIFORNIA 92663 v 714/645-7100 Returning to my perspective as the landlord at Port Calypso, the problems that I have been plagued with during the two to three years that Pacific Avalon (Avalon) has operated at Larson's are as follows: 1. Numerous and continued infringements on my Port Calypso parking lot- by employees, vendors and customers of Avalon. In this case the root of the problem is the lack of sufficient on -site parking to accommodate the volume of parking demand that is created within a very brief window of time. That is to say that, unlike a fixed base .restaurant operation where employees, vendors and customers typically arrive over the entire period that the restaurant is open for the conduct of business, a restaurant/party type of charter operation such as this floods the associated property with all three categories of persons and vehicles within a very short period of time (usually an hour or less) since, if they don't arrive within the designated time, they literally miss the boat, the meal and/or the party. These logistical problems are then compounded by ingress/egress and traffic flow complications resulting from the proximity of the parking lot in question to Coast Highway and the fact that its original design did not contemplate this high volume and category of use. If one pictures a random group of about 150 to 250 people in from 50 to 85 cars descending (in a 30 to 60 minute time frame) upon a 35 space parking lot that may be 50 0 or more occupied (by customers and employees of tenants other than the charter company they are patronizing) when they arrive. And, then pictures the impact on nearby properties when this deluge of people in a big hurry overflows the primary lot and goes into a panic parking mode because they're not sure how to find the designated alternate parking, you'll have a good picture of why I am opposed to any formal approval of any use on the Larson's property that sanctions this type and intensity of use. 2. Over the past couple of years the small boat docks on my property that lie along the easterly edge of Larson's water . space have been repeatedly damaged by the frequent pounding that they take when large and heavy vessels such as those used for an Avalon type of commercial charter operation (80' - 100' vessels) attempt to dock in the side tie on the easterly side of the Larson's Shipyard property marina. In addition, two small vessels that at different times occupied an exposed slip on the westerly side of my marina have been damaged by subject large vessels trying to back into an area that simply is not designed and was not originally intended for use by 80' to 100' vessels. My concern is that if the proposed "large vessel" charter operation at Larson's is officially approved and, as recently proposed, the owner of Larson's is then required to modify his docks for heavy commercial use (i.e. stronger pilings, wider dock fingers, etc.), my adjacent docks and boats would still be unprotected and would continue to be subject to damage from large vessels docking in the adjacent waterway. I therefore request that, in the event that the Larson's use permit is modified to allow the proposed commercial charter operation and if, as a by-product of this approval, commercial grade docks are required at Larson's, that they also either - a. Be required to install their easterly dock finger along the property line so as to buffer the docks and boats on my property. b. Or, be required to install three to four commercial grade pilings along the easterly line of their water space so as to shield my docks and boats from direct contact by large commercial vessels operating in Larson's marina. Thank you for this opportunity to correspondence with you on this matter. Please call me at 645-7100 if you have any questions. Sincerely, Jim Parker PORT CALYPSO cc: Tony Melum, Tidelands Administrator SallingAssoclation ,July 14, 1989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768 Newport Beach, Ca. 92658 Dear Mr. Everroad: V Sailing Schools CharterManagement I'd like to thank you for your help with the valet parking problem at Larson's Shipyard last summer. Due to your efforts and those of the City Attorneys office, I'm pleased to find that Avalon Pacific Charters has not resumed their valet parking operation this summer and I have therefore been relieved of the adverse impact that the valet situation was having .on my customer relations. However, I'd like you to know that Avalon Pacific is still playing a few games with the parking situation such as placing a sawhorse in the middle of the driveway on some weekend days in a way that, although there is still room on each side to pass, tends to imply that the lot is closed or restricted in some way and thereby discourages unknowing customers of the other businesses on the property from turning into the parking lot. Also, the sawhorse obstruction is potentially dangerous since it could cause slowing and turn -in confusion in the traffic lane on Coast Highway. Actually, while I thought that you might want know about the sawhorse problem so that you can direct the information to the appropriate city department for possible remedial action, my real purpose in writing you at this time is to challenge any claim by Avalon Pacific in connection with their Commercial Harbor Activities Permit applications to more parking rights than those granted by the use permit for the property (Use Permit #1889) . Avalon Pacific is currently operating under the provision of their lease with the Bertha -Robinson Partnership (copy of pertinent section enclosed) that, in part, states, "Tenant (Avalon Pacific Charters) to have control and access of all parking after 5:00 p.m Monday through Friday and 24 hours a day on Saturday and Sunday, .except that other Larson building tenants and their customers / clients shall be allowed free access at any time". This special granting of control and access, I believe, is contrary to the letter and intent of the use permit which states in condition number two that the parking plan for the property will provide one parking place for each 250 sq. ft. of retail or marine sales, or office space. Which then translates to a maximum of three spaces for the office space occupied by Avalon Pacific rather than what, in practice, amounts to access and control of the entire parking lot during the specified times. 27?_7 W, Coos114;gh iAloy l\le.+ioori 300ch, Cl1926,6)53 1,7 ; ,71,0 Taking it a step further, there is some question in my mind that use permit conditions number three and fifteen even permit a charter business such as Avalon Pacific's to operate from the marina without an approved modification of the original parking and restroom facilities plan. In any event, it's inevitable that the other tenants on the property (approximately 10) are ,going to suffer a loss of their parking rights when a tenant with parking rights for three spaces and a charter business that may require as many as 50 or more spaces for Harbor Permit purposes is given direct control of the parking lot. And the portion of the Avalon Pacific lease provision that states that other tenants and their customers will be allowed free access is an empty protection because what it really comes down to is that the rightful parking spaces of other tenants are;; available only if they get to them before Avalon Pacific fills up; the lot with charter customers and, even then, they are likely to be hassled by Avalon Pacific personnel. I certainly do not believe that the City Council in approving Use Permit 1898 intended it to be this way and, if .you agree, I'd appreciate your assistance in helping me to correct this inequitable situation. Sincerely, Jim Parker, President CALYPSO MARINE, INC. D. In addition to other remedies available in the Lease, Landlord shall have the option to cancel this option to rent slip space portion of the Lease if slip and/or 'office rental is more than thirty (30) days past due on any payment during the term or extension of either office or slip space. E. Tenant shall abide by the License Agreement and the Rules and Regulations of The Bertha -Robinson Marina, which documents are attached hereto as Exhibit "D". 34. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat charter during normal week -day work hours shall not park in the Larson Shipyard parking area. Normal' work hours are to be 9:00 a.m. to 5:00 p.m. Monday through Friday. Tenant to have control and access of all parking after 5:00 P.M. Monday through Friday and 24 hours a day on Saturday and Sunday, except that other Larson. building tenants and their customers/clients shall be allowed free access at any time. Further, Tenant understands that Landlord is not familiar with the requirements for a boat chartering operation; therefore, it shall be Tenant's sole responsibility to insure that such an operation will be permitted from these leased premises, prior to Tenant's execution of this Lease. LANDLORD: THE BERTHA-ROBINSON PARTNERSHIP, a California -General Part ip dz ward B. Robinson, eneral Partn,Ate) By' Dg�� Robert 0. Briggs, Attorney -in -Fact (Date) for Albert Frederic Bertha & Brian Andrew Bertha, General Partners, pursuant to Power of Attorney dated 07-23-84 TENANT: AVALON PACIFIC YACHT CHARTERS, INC., a California corporation >.� J h all n Y'esident (Dat ) P0�T > CITY OF NEWPORT BEACH U -- BUSINESS LICENSE DIVISION cy�iFORN�P P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3141 July 19, 1989 Mr. Jim Parker Calypso Marine Inc. 2727 Coast Highway West Newport Beach, CA 92663 Dear Mr. Parker, This letter is in response to your correspondence of July 14, 1989, regarding Avalon Pacific. You address several issues relating to Use Permit No. 1889, and for that reason I have forwarded your letter to Jim Sinasek, Senior Code Enforcement Officer of the Planning Department. It is the Planning Department that administers use permits, and Jim's office is responsible for enforcement of violations of the use permit. I will obtain the Planning Department's interpretation of Use Permit No. 1889 with regards to parking, and a decision regarding the amount of parking available for the chartering operations of Avalon Pacific. This office will continue to issue charter permits for boardings from 2729 Coast Highway West when there is evidence of adequate off-street parking for each charter. Jim Sinasek's phone is 644-3215. Questions about, and enforcement of violations of Use Permit 1889 should be directed to Jim. Questions and problems relating to charter operations should continue to come to me. Very truly yours, Gl-ef Everroad .License Supervisor cc: Jim Sinasek, Code Enforcement 3300 Newport Boulevard, Newport Beach SailingAssociation September 5, 1_989 Mr. Glen Everroad License Supervisor City of Newport Beach Business License Division P.O. Box 1768 Newport Beach, Ca. 92658 Dear Mr. Everroad : Sailing Schools CharterManagement On the 29th of August, in anticipation of Pacific Avalon operating a charter pursuant to the permit that you showed on file, I assigned one of my employees to monitor the parking situation at Larson's and at my Port Calypso lot during the hours listed on the permit. As it turned out, they did not board a charter. at Larson's that afternoon but our monitoring of the lot raises an interesting question regarding their being permitted to list the Larson's parking lot on their permit applications for approval of up to 100 person charters. At 5 : 00 p . m on the 29th, the intended beginning hour of the charter that was listed on the permit, we counted 20 vehicles belonging to employees and customers of the various tenants at the Larson's Shipyard property. Obviously, had the charter come off as planned, this would have led to at least 20 Avalon customer cars scrambling for parking places at some other location ( such as my lot next door) . Therefore, it seems to me that the current interpretation of Avalon's parking rights at Larson's for permit purposes needs to be reviewed. It's a fact that, even if it was not a violation of the use permit, the agreement that Avalon has with Larson's gives them access during specified hours only to the parking spaces that are not being used or are not going to be needed during the period by the employees and customers of other tenants with parking rights at Larson's. Consequently, at those times, Avalon, in actuality has access to from 3 to 35 spaces with no assurance as to what the actual number will eventually turn out to be. So, it follows that any permit issued on the basis of parking availability that assumes in advance that the parking needs by all other tenants will be zero is not realistic and, therefore, is unfair to those tenants, unfair to adjacent parking facilities and not in keeping with the intent of the regulations governing such matters. 2727W. CoastHighway NewportBoach, CA 92663 7141645-7100 I'd appreciate it if you would reassess your policy of issuing Pacific Avalon permits based on parking spaces that they really have access to only if the rightful parties are not in need of them at the time. On a separate but related matter, I asked your assistant on Friday, 9/1, if Pacific Avalon had any charters scheduled during the long weekend and she advised that one permit was on file for Saturday, 9 / 2 This charter did go out as listed but there were also two charters by Avalon on the Pacific Adventure on Sunday, 9 / 3 , that apparently were not on file, unless they were overlooked by your assistant when I obtained my information. Thank you for your continued assistance in these matters. Sincerely, Jim Parker, President CALYPSO MARINE, INC. 'I G (9ke (93ertka-CRI nson gartne'rskifi EDWARD B. ROBINSON ALBERT F. BERTHA BRIAN A. BERTHA Mr. Tony Melum City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Subject: Chartering at Larson's Shipyard Dear Tony:. AT LARSON'S SHIPYARD 714/646-5055 January 23, 1991 We've now re -sorted through a lot of the paperwork we did dur- ing our applications to build Larson's Shipyard. We also are still awaiting the results of the restrictions search of the commercial properties along this stretch of Coast Highway; will forward as soon as they become available. But it seemed to be fairly clear to us that the intent, ten to twelve years ago, was to allow charters in our project. Such usage other than boatyard or boat sales is quite apparently why we insisted on the second, clarifying clause in our recorded restrictions. Per the recorded list that you showed to us, both the Planning Commission and the City Council at that time put in a stipulation to our Use Permit that the project must fall under what was termed, then, as incentive uses. We looked up the study that was prepared on October 11, 1978, for the City of Newport Beach by Westec Services, Inc., which flatly stated, on page 6, that charters "shall be con- sidered as `incentive uses."' This study was done as an investiga- tion of four developments that were being proposed at that time, one of which was ours. The same study, on page 3, designates the south of West Coast Highway as Marine Commercial. Then, in the City of Newport Beach Local Coastal Program, Dated May 28, 1980, this program repeats that the areas southerly of Coast Highway have been designated "Marine Commercial," as our site had been designated. On page 2 of that Pro- gram, Marine Commercial is also described, flatly, to include char- ters. Again, the clarifying clause that I asked for stipulates that we can use the marina for these commercial uses, other than boatyard or boat sales, as long as we provide rest rooms and parking (which we have).. Therefore, at the time we applied for our use ,permit for this commercial usage, charters were clearly included, as long as we pro- vided rest rooms and parking. And charter operations were clearly 2717 WEST COAST HIGHWAY, NEWPORT BEACH, CALIFORNIA 92663 Mr. Tony Melum January 23, 1991 Page 2 included in the stipulations of the Planning Commission and City Council under incentive uses, and they were included in the study done for Newport Beach by Westec, and they were included in the Local Coastal Program of that time. They all, in fact, quite specifically stated that charter operations were allowed. Enclosed are the pages of the study and the Program that point this out. Also enclosed, as background information, is a letter dated 5/4/78 from Al Larson saying, plainly, that it isn't feasible for him to try to keep a shipyard there, whether we bought it from him or not. Then a letter from us to Gordon Craig of the California Coastal Commission describing what we did to make it feasible for Al to stay: We tore down the obsolete buildings and built him a new track and shunt system, added 35 cars (there was no parking on site before), gave 27% of the water frontage to view corridor, and did all this for only a net 2600 square feet of building (building area on the new plan, less the existing building area at that time --and we found out later that it was much less than that, even). Finally, some news stories how the Shipyard was saved from going out of business because its economics and obsolescence problems had been resolved, through this new plan. Thanks for your attention. As I understand it, we are due to go in front of the Planning Commission at 7:30 p.m. on Thursday evening, February 21st. Looking forward to seeing you there. Sincerely, cc: Evelyn Hart P.S. to Evelyn Hart: As Marshall Steele pointed out, th undermining the ramp tracks by the backwash, and the reaching the boat cradles from the presently set back both be solved by this new pier alignment. MELUM e problem of problem of docks, will his area is an extension of the public oceanfront bikeway/ walkway from 36th Street to the Santa Ana River. The bikeway/ walkway shall be designed and sited so as to minimize the impacts on adjacent residential uses. No changes in residential land use patterns are proposed. BEECO Property That portion of the BEECO property within the City boundaries is shown for "Low -Density Residential" uses at fourdwelling units per buildable acre. Mariners M— i The commercial area along Coast Highway known as "Mariners' Mile" has been designated as a "Specific Area Plan" area, and a plan has been adopted for the area. The land use patterns shown for the area on the LCP reflects generally this prior planning. Areas northerly of Coas t Hi ghway are shown for "Retai 1 and Servi ce Commercial .'' Most areas southerly of Coast Highway have been designated "Marine Commercial" in order to preserve existing and encourage new marine uses. The Sea Scout Base and Intercollegiate Rowing Base have been shown for "Governmental, Educational and Institutional Facilities." Balboa Bay Club This City -owned parcel is currently developed with many uses, includ- ing recreational, boating, restaurant and banquet, and residential 1 - 2 c MULTI -FAMILY RESIDENTIAL: This sub -category includes residences where three or more dwelling units are constructed on one lot. Also included are "row houses" where the density exceeds ten dwelling units per buildable acre. Note: "Building Acreage" is defined as follows: Buildable acreage includes the entire site, less areas with a slope greater than two to one, and less any area required to be dedi- cated to the City for park purposes and any perimeter open space; further, buildable acreage shall not include any area to be used for street purposes. Additionally, at the time the Planning Commission and/or City Council reviews a Planned Community Develop- ment Plan, Tentative Map and/or environmental documentation for a particular project, con- sideration shall be given to deleting certain sensitive areas from the calculation of the total number of residential units or square footage of commercial development to be allowed on a site as follows: Flood plain areas. Commercial Areas designated commercial are to be predominantly used for the c duct of private business ventures. on- -'� MARINE COMMERCIAL: Included in this category are boat haul -out facilities, sports fishing establishments and fishing docks, marinas, yacht clubs, boat sales (in water), marine engine repair and launching, boat dry storage, boat rentals, and charters. boa This designation is intended to preserve those uniq gene - ally adjacent tothe bay, most suited for coastally-dependents marine facilities. RETAIL AND SERVICE COMMERCIAL: It is intended that business uses in this category be limited to retail sales, and personal and professional services, in order to assure contiguity of shopping and mutuall ive businesses. Office uses shall be Y-the ground but may be allowed on the second or above, whered the ground level is occupied by a goods or services directly to the primary use which provides public. VISITOR -SERVING COMMERCIAL: Included in this category are restaurants, specialty shops and commercial recreation uses,lthatdaccommote,s modate visitors as well as local residents. ,Office uses shall INITIAL STUDY FOUR PROPOSED PROJECTS MARINERS' MILE Prepared For: City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 yap Prepared By: WESTEC Services, Inc. 180 East Main Street, Suite 150 Tustin, California 92680 h o; October 11, 1978 WESTEC Services, Inc. It is intended that the "Specific Area Plan" for Mariners' Mile establish policies to implement the objectives stated within the General Plan for the area. The Land Use Element establishes the the..fol.lowing objectives for the Mariners' Mile area: To resolve problems of traffic conflicts, parking and access.. To enhance the visual environment. To preserve existing marine uses. It is the purpose of the Mariners' File Specific Area Plan to establish policies and programs to serve as a more -specific guide to the . development of the Mariners' Mile area. Policies and programs for both public projects and the regulation of private development are included. The Plan contains specific policies for the improvement and aesthetic treatment of public rights -of -way, public parking lots, and land use. The Plan also contains an implementation program for those elements of the Plan occuring on public property. 1.3 MARINERS' MILE SPECIFIC PLAN DISTRICT In conjunction with the Specific Area Plan, the City adopted the Specific Plan District. This District, adopted by Ordinance #1718, was codified as Chapter 20.62 of the Municipal Code. The general intent and purpose of this ordinance is as follows: 20.62.020 INTENT AND PURPOSE. The intent of this ordinance is to establish a Specific Plan District to guide the orderly development and improve- ment of that area of the City of Newport Beach which is located east of Newport Boulevard, west of the county owner property used as a Sea Scout Base, north of Lower Newport Bay, and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this ordinance to implement the Newport Beach General. Plan objectives, policies, general land uses, and programs as they pertain to the subject area and establish consistency between the General Plan and the Zoning Ordinance in the Mariners' Mile area. (Qrd. 1718 § 1 (part), 1977) The District establishes two land use classifications. The area north of Vest Coast Highway was designated Retail and Service VJ Commercial (RSC) District. The area south of West Coast Highway was -------------- designated as the Recreational and(Marine Commercial CRMC) District All four of the proposed projects are located within the RMC District, so the RSC District will not be discussed in this report. The Specific Plan District establishes the zoning regulations for Mariners' Mile consistent with the Specific Area Plan. It estab- lishes uses which are permitted outright or subject to the granting' of a use permit, and it establishes the development standards for those uses. For purposes of this report the Specific Area Plan and the Specific Plan District will be jointly referred to as the Specific Area Plan or as simply the Plan, unless otherwise noted. 3 F. FLOOD AREA LIMIT. The total gross floor area contained in all buildings on a buildable site shall not exceed .5 times 'the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be con- sidered in determining the total floor area allowed; and provided, further, that the Planning Commission may, by use permit, allow development to exceed the..5 times the buildable ara, up to a maximum of. 1.0 times the buildable area, for the development of marine -oriented uses as defined in Section 20.62.0.70 D. The "incentive uses" are defined as follows: D. INCENTIVE USES. For the purpose of this chapter the following uses shall be considered "incentive uses": boat lettering, boat registration, boat rentals, boat yards, marine canvas and upholstery, marine carpentry, and wood work'' charters compass scales, service and adjusting, documentation services, marine electrical and generating equipment and repairs, marine electronic sales and service, marine engine sales, service and repair, fiber glass repairs and supplies, fishing supplies and equipment, flags, emblems, trophies, fuel docks, marine hardware equipment and supplies, holding tank installation and service, sailing/boating instruction, marine insurance, launching and..hoists, boat leasing, boat maintenance and repair; mast and rigging supplies and service, nautical charts, nautical instruments, nautical decor, marine plumbing and water systems, publications - nautical, fabri- cation and maintenance of pulpits and rails, marine surveyors, underwater services, yacht brokers, yacht clearance, and other uses which, in the opinion of the Planning Commission are of a similar marine oriented nature. (Ord. 1718 § 1 (part), 1977). The overall intensity of the proposed projects exceed the levels projected for the four sites. However, on an individual basis, the proposed intensities may be justified by offsetting hours of opera - Lion and the inclusion of incentive uses. 2.3 REMOVAL OF EXISTING MARINE FACILITIES As noted above, one of the basic land use policies of the Plan is to encourage the continuation of marine -oriented uses. This policy resulted in the formulation of the incentive program. The EIR raises two questions regarding the policy of preserving marine uses. The first issue is to define just what features are to be preserved. The EIR contains the following discussion; a The "special charm and character" displayed on the Mariners' Mile is best defined by the presence of boats and waterfront activities. In other ways, Mariners' Mile is simply a retail and service commercial district with a varying degree of charm,. It is then the marine -oriented land uses that give it its character. Further though, the character presented by the marine -oriented land uses is not a superficial waterfront image and thus it has some characteristics that would not be considered entirely desirable in a refined.marina setting. The presence of unpainted boats being refitted and restored, the outside storage of engine parts and nautical components and the ever present rust that shows through various waterfront apparatus all serve to make a "working" marine setting. The subject of charm and character presents a sort of dilemma. To preserve and enhance what has just been described requires one set of approaches; to simply preserve a marine image another set of approaches would be required. Mariners' Mile has both this "working" marine image and the more refined "marina" image, which is more a result of a sensitive architectural theme approach to new develop- ment. At this point it is important that it be precisely understood just what features are to be protected and enhanced. (P. 26-27) The second issue raised by the EIR relates to the adequacy of the incentive program. The EIR concluded that: "5. The joint-use/incentive-use concept is not likely to offer, enough incentive to cause the development of significant marine -related land uses. In the future it is doubtful that g0 (� Zoning alone will have the ability to preserve existing ll marine -related land uses." (P . 7 ) The EIR then suggested, as mitigation, that: X%6k A broader set of portion of their form of reduced p floor area (above incentives could be offered to those uses planning a significant development to marine -related use. Incentives could take the arking requirements for certain marine -related land uses, increased 0.5 times Buildable Lot Area) for developments that preserve or add marine -related land uses, or reduce parking requirements on all development and make up for the difference with public parking facilities as proposed. In the near future after a period of continued development it will become more obvious that zoning alone will not insure the preservation of existing marine -related land uses. If.,this remains to be a goal, some form of redevelopment effort or subsidy will be. required. ('• 8) The staff, however, in responding to the E1,R.in the "supplemental information report" disagreed. The staff concluded that; 7 LARSON SHIPYARD 2703 W. COAST HIGHWAY, NEWPORT BEACH, CALIF. 92660 (714)548.3641 (714)646.7833 M'ay 4, 1978 Mr. Edward,B. Robinson President Robinson Development Company 363 San ,Miquel Drive, ,Suite E Newport ,Beach, California 92660 Dear Mr. Robinson: In further response to ,your letter of April 18, 1978 regarding your inquiry as to whether or not I would be interested in continuing the operation of my boat yard facilities after you. purchase the property upon which my business is currently located, please be advised that I do not believe that it is any longer feasible to continue the operation of boat yard facilities on this property for any extended period of time. The prime reason that the property has been offered for sale to you is because of the conclusion which I reached that the continued operation of a boat yard `is no longer feasible because of the increasing expenses of operation at this particular location (e.g., real estate taxes, etc.). As you know, I.have spent my 'entire business career in this type of business and it certainly was with great reluctance that I reached the conclusion that I should sell my property and thereby ultimately discontinue the operation of a boat yard at this location. Under such circumstances I regret that I cannot,accept your proposal to continue in any form any type of operation of a boat yard after you acquire the property. Very truly yours, Elmer J.�� arson EJL/ct' `MoLin.so e��lo� ��t C®`P"k1Y 363 SAN MIGUEL DRIVE, SUITE E NEvvPORT BEACH, CALIFORNIA 92660 EDWARD S. ROBINSON PRESIDENT . (714) 759-0144 Gordon Craig California Coastal Commission Chief Planner P.O. Box 1450 Long Beach, CA 90801 SUBJECT: Larson Shipyard, 2701-03 W. Coast Highway, Newport Beach Dear Gordon: At last we are mailing the Application for Permit, enclosed with all the required documentation. herewith together, hopefully, There's not much left of the original plan after going through the Planning Department, Planning Commission, and City Council. e e than 27% of water frontage to view corridor, Wended up giving morfeet to public walkways, cutting the size of our building in half, and, most important of all, the plan preserves the ways, shop area, shunt, and 66% of the track of Larson Shipyard, in addition to creating 35 more parking spaces for the area. In exchange, actually, we are adding only about 2600 sq. ft. of building (building 6600 sq. ft. of new and tearing down about 4000 sq. ft. of obsolete buildings and shacks). But, as you may note -from the drawings, even our new d to look like old fishermen structures in buildings are designe order to keep the atmosphere. The economics of the project have been fairly stripped away, but we aren't really displeased since we like the idea of keeping the Shipyard there. Al Larson was planning to close up because the economics were no longer there and his yard and equipment were wearing out anyway. The enclosed financial statements he furnished to us emphasized this. Newport Beach has, in effect, required us to rebuild the Shipyard for him, in exchange for which we are allowed to build 2600 more feet than presently on the property. Since most of it is over the shallow part of the water, none oe_the building displaces either valuable slip space or.shipy sPa The 35 additional parking spaces do eliminate one track, but those in turn should help alleviate the night traffic.problems for the surrounding restaurants. The newspapers made a big thing of it, per some enclosed articles, because the approval of this project actually saved the Shipyard. If it were disapproved, we would have had to convert the whole thing to a large yacht brokerage which, incidentally, would have shown a much better economic return to us than this project does. We aliso would have had to close it down if the City had taken any more of the economics away from this --right now we would not be able to sell it, when it is completed, for the total cost of it. But Gordon Craig RE: Larson Shipyard page two it will create .a nice asset to the City of Newport Beach, and subsidize the preservation of Larson Shipyard, and provide a nice lifestyle. Also, from an environmental standpoint, we remove an.:. awful sign pollution on that property. In actuality, the capacity of the Shipyard will be increased. Before they' did-. not- use^.the 128 feet of ramp to work on boats; under this plan they will. In any event, we are enclosing herewith the following documentation: IF' Application for permit with check for $ - 0 2. Two plans stamped "Approval in Concept" from the City of Newport Beach, which includes landscaping plan., 3. Negative Declaration and minutes of the approval from Planning Commission and City Council Harbor Permit Letter from State Lands Division Approval from Regional Water Quality Control 733f�- 8z" by 11" air photo -S-: "String Line" drawing List of property owners within 100', together with stamped, addressed envelopes, and accompanying Assessors Map from Safeco Title Insurance Company. .IT. Cost valuation on property from Burgess Donovan, Inc., general contractors. 4:21 Xerox of Grant Deed on property to Robinson Development Company 3 Thomas Brothers map of the area. Soils report Syr. Survey of existing property, showing structures to be removed. Photograph of present front signing. TZ. Partnership Agreement of Robinson Development Company 4-7. Coastal Commissions "Approval in Concept" form signed by Newport Beach Per our discussions, there was no necessity to obtain a Corps of Engineers approval or show exact location of pilings since these require construction drawings which can't be done until after Coastal approval. Also per our conversation, because of the position of the new building we don't need the setback requirements, grading plan (required for Water Quality Control), County approval, air pollution control, or utility plans. I also filled out parts III 1 and 11-19 per our discussions, and Section V, and all of Part B. I hope everything herein is in order, but if you need anything further I would look forward to your call. Very truly yours, Edward B. Robinson EBR:ec fA G�IR;ei' yea r "z'Qr �,,i,� .L ; GOINGSTRONG— Elmer J. (Al) Larson, oper, Ted Robinson. `Robinson and city officials ''at; his„Newport. Beach shipyard with devel- teamed " to save ..the yard , from, , extinction. `Times photo 6y Don Nelsen ALL I'IRACLE' IN N;EWN'PORT FJ Ar Mafk" %iiihillpyar estue IM d:'R d BY GORDON ,GRANT,.; wants to maintain all the shipyards it as a service to the i limes Staif Writer -boating public around Newport Flarbor." e Larson Shipyard is, not'very: large, but with its The idea of losing Larson's didn't.set well with local st sign on W. Coast.Mghway in Newport Beach, it has government, right up to and including'the City.Council. ne'somewhat of,a landmarkduring:its 30;-year,erist- City planners went. to theirdrawing boards,: Robinson ; went to work on Larson, and between the city and the" ias'its owner, a blue-eyed Swede named Elmer J. developer, a small miracle was wrought. arson, who now is in his 60s. Robinson talked Larson out of ,retiring, and the planners a- while recently, 'it.looked as if both the yard, and, came up with a scheme that would permit both the ship-' i ' 6uld g&'The'property is`being bought by;a devel yard and the group of small shops to exist on the same and if there wasn't going to be a boatyard there; , property.' i just wanted to:retire. ' )body seemed to believe me," said the developer, Ted' Robinson said some of the old yard buildings will be replaced by an office and shop complex extending over, the tson, "but I`wanted to see that shi and sta there%in pY Y "water and; another. raised: shopping facility with public irm or another just as much as anyone else. , : parking underneath. ie trouble was, it didn't prove out to, be economically, )le to continue operating a full-scale yard.on.that The'boathaul-out ramp and most of the tracks will be ' y : .retained, although they.and other machinery around the Robinsonr whose principal business is developing' yard will be rebuilt or replaced with more modern gear. shopping ,centers, figured he would just have to let The whole plan has not yet been approved by the Coastal r 'ietire and take;; away all;his.,equipment; then•re-.- ; Commission, buti for,the most part'. the city, the developer,; Fand, open the property as a small':marine=orrented< and Larson seemhappy. . ' '.`I really didn't;want to retire anyway," said. Larson , another factor got into the act. "Hell, I built my first boat when I was 13, and if I quit now, City of.;Newport Beach, according to one of its" "department when I'm still feeling so good, l'd probably get so restless, officials, "has taken the stance that rt „well, I migrink " mg lit even take to d me reoeveiopment of share the property with an office building- Larson's Shipyard on Coast Highway in. retail complex. .The matter is on tonight's j. Mariners Mile is shown by developer Ted Planning , Com.mission 'Agenda,' " but:..is,. ' Robinson. The Newport Beach Planning expected to be continued to a future' .Commission is now considering a plan that .meeting. would allow . the shipyard operation to `page Thursday, ianuar7f:18,19791 Newpor# Ensign blew Plan Saves NLarsonShipy ril It'$ not -every day the city taff gets a pat on the back. $uf this tweek, a :developer and a property yowner.,joinedin praising the plan s;ning staff of the Newport .Beach 't tbepartment; of .Co mmunity Devel- t v ,, The developer is Ted Robinson, 1:who bought the'Larson Shipyard �,,,pi6perty'and'pla'nfied to build a two-story office'building; at'2701 ", 2703 W. Coast Highway:' The :property owner is Elmer John "Al". t Larson, who operated the shipyard. Based on a suggestion from the r citg planners, `Robinson and Lar- soa..liave,vevoLved_ a;modd,iffied4:)1a11 WI31CIi Will�pernrit Coatinuatiug-of it}ie'shipyard, 'while Robirisoa�lso' develops anYoffice building:; tempted to tdie' Ahe`credit,,`; but acivally.it_was the imagina , of: the planning staff that , came up with this possible 'solu lion,"; Robinson said. The. revised plan will be ;pre sented'to'the city Planning Com- Mission Thursday {Jan., IS) night:_. (9ke Oertka-_R, 0- knson gartnerskip I f4 J EDWARD B. ROBINSON AT LARSON'S SHIPYARD ALBERT F. BERTHA 714/646-5055 BRIAN A. BERTHA January 17, 1991 Mr. Tony Melum City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Subject: Larson's Shipyard Dear Tony: As mentioned in our meeting Tuesday afternoon, we're having a small function for the waterfront people here on Al Larson's 80th birthday, if you might want to drop by: 10:00 a.m. on Tuesday, January 22nd. No alcohol, of course, primarily since Al is AA. We're also sending one of the flyers with this to Evelyn Hart, if she can make it. Also as mentioned, enclosed is the clause we put into the present lease to Marshall Steele, where the lease goes into default if Al Lar- son isn't paid. It covers the last payment of $50,000 that Al was to receive from the Swedish group, who initially bought the business from Al, and then sold it to Marshall. We put that the entire $150,000 had to be paid into the Swede's Amendment to Al's then -existing lease,. which would have expired by now if we hadn't given Marshall a 3-year lease with two 5-year options --beginning at $1,500 per month, total, for all the shipyard space, the offices and the shop. We could have gotten three times that if we just let the lease expire, but then Al would not have had anything to sell. Please note on page 12 that Marshall will be leasing the 80 feet of dock alongside the ramp as soon as it is built, because this is what he said he needed for his operations. This is why the shipyard wants to rebuild this dock, which they've been trying to process through since late 1989, except that the rules seem to keep changing on them. For the first time in about ten years, I just pulled out the res- trictions put on our property, because that one clause is always quoted to us to mean that we're restricted against chartering: "No commercial slips shall be permitted, unless the required number of off street par- king spaces and restroom facilities are provided." In fact, I just watched that City Council meeting again on Channel 3, and saw that only the first six words of that sentence were read to them. We have attempted to point out that this clause is another way of saying, then, that commercial slips are permitted if parking and rest - room facilities are provided. However, now that I'm reading all the restrictions, I find one that no official has ever quoted to me, but which does say exactly that: "That should the boat docks be used for 2717 WEST COAST HIGHWAY, NEWPORT BEACH, CALIFORNIA 92663 Mr. Tony Melum Page 2 January 17, 1991 purposes other than those normally associated with boat repair or boat sales, parking and restrooms shall be provided in accordance with the City's Harbor Permit Policies." This certainly does not restrict the docks to boat repair and boat sales, but this clause is never quoted in any of these meetings. But, as I think you and I agreed on Tuesday afternoon, the word `commercial' does appear to cover chartering. What else, in fact, could it cover? The boat sales and boatyard usage were described as something other than commercial in that same clause, and that doesn't leave anything else except chartering, under the defini- tion of commercial. Incidentally, I asked for advice on these clauses from our attor- ney, Bill Durante, and from the co -signor on our projects here, Bob Briggs of Briggs Electric. (Bob took over as the attorney -in -fact for my partners, Brian Bertha's sons, after Brian died in a plane crash.) Both said not to worry. They apparently know you and Dave Harshbarger, and Evelyn Hart, and assured me that we're dealing with an exceptional- ly fair group of people. That's good enough for me. As to the boatyard, Marshall Steele says he will definitely come to the next meeting and tell whoever wishes to know that he needs this realignment of the slips. That is just the opposite of being hampered by them. He said he didn't come to the City. Council meeting because he didn't think the use permit would have any problem getting approved. After the disappointment in the Council meeting, and from the bits and pieces we have heard about the restrictions on other properties around here since then, the ironic possibility has come up that we might be the only property that isn't restricted against chartering, although the others aren't enforced. (And they are allowed to use bus- sing for their parking, whereas our tenant had to lease off-street parking for $3,000 per month.) We made an attempt tofindthis out in the files at City Hall but these seemed to be somewhat in disarray, or the files were missing, etc. Therefore I had to order a pretty expen- sive title search from the First American Title Company, for all the restrictions along the Bay, to check that out. We'll probably be able to present our findings at the next meeting. Please let us know when we're due in Planning Commission, and thanks very much for your help and advice. Sincerely, The Bertha-],p cc: Evelyn Hart MEMORANDUM OFFICE OF THE LICENSE SUPERVISOR January 17, 1991 TO: TONY MELUM FROM: GLEN EVERROAD SUBJECT: CHARTER BOARDING LOCATIONS A review of last year's charter activity permits issued by this office in the area of the Bertha Robinson Partnership property yields the following locations as boarding locations: %/ 221 West Coast Highway, Balboa Bay Club t2.et,2431 West Coast Highway, Hornblower 4=,tjSW-2901 17-1/;,11 2,735 West Coast Highway, Rusty Pelican t:^�•2 .801 West Coast Highway, Chart House West Coast Highway, John Dominis12 3101 West Coast Highway, Lancer's Landing2�j�3333 West Coast Highway, Harbor Club (one charter) a c r ently obtaining from the Plannning Department findings and on'i i ns of the Use Permit for each facility. When I have these, w 1 e ready to meet with you to discuss the legality, as it elt s to the Use Permit, of each for charter activities. loaso contact me when you are ready to discuss each facility. r..L_..,...�.........,�...�-- 7�J 3t CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER January 15, 1991 TO: TONY MELUM FROM: City Manager SUBJECT: USE PERMIT OF BERTHA ROBINSON Please refer the Bertha Robinson matter back to the Planning Department and Planning Commission for a determination as to whether the Use Permit as currently written prohibits charter boat operations. Because of the perceived confusion at the evening Council meeting of January 14th, you may wish to talk personally with Jim Hewicker to provide clarification on this item. Additionally, Mr. Robinson pointed out that most of his neighbors were operating a charter business and implied the illegality of their operations. The Council requested that these allegations be checked by staff. It is therefore requested that with Glen Everroad you check these allegations to determine their validity. When the investigation is complete and when the City receives a response from the Planning Commission, I would suggest you call another meeting of the Tideland Affairs Committee to review these findings and prepare a recommendation for placement on an evening Council agenda. Rv L'vv-" ROBERT L. YNN RLW:kf cc: R. Burnham G. Everroad J. Hewicker Attachment :.� f- COUNCIL At376H05 No.- F- %Y CITY OF NEWPORT BEACH Marine Department January 14, 1991 r. TO: MAYOR AND CITY COUNCIL U/ FROM: Tideland Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 129-2703 BY THE BERTHA ROBINSON PARTNERSHIP, TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 2703 WEST COAT HIGHWAY Recommendation: If desired, refer Use Permit 1889 back to the Planning Commission for review, in light of the request by the permittee to remove the restriction on the Harbor Permit and allow commercial chartering. Discussion: This. application is. before -the City Council as i� required by Section 5.C.3. of the Harbor. Permit Policies which states: 5.C.3. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when the abutting property is zoned commercial." In February 1979 the City Council sustained a decision by the Planning Commission to approve Use Permit.1889 for the property at 2703 West Coast Highway. As part of that approval the Planning Commission made the following findings among others: "That the project has been designed to preserve a portion of an.existing boatyard currently operating on the site". and conditioned their approval with several conditions, one of which stated: �-1 11(3) That the proposed boat slips bayward of the property shall be utilized for boat sales or for a boat yard. No commercial slips shall be permitted unless the required number �. of offstreet parking spaces and restroom facilities are \_ provided." This condition on the Use Permit was included as a condition in the Harbor Permit issued by staff. In the recent past the commercial docks bayward of the above facility have been. used as a boarding location for chartering operations by a tenant of the upland property. They have been running charters out of the site on a Special Events Permit, charter -by -charter basis. Recently the Marine Department received a request to allow revision"of the slips bayward of the property to more efficietly accomodate the charter operation and the boat yard facility. At the time of the request the Marine Department became aware of Condition (3) stated above, and this application is now before the City Council requesting that the restriction be removed and that the docks be allowed to be used for purposes other than boats for sale and boatyard facilities; specifically for commercial charters. The charter operator is proposing 'a charter business with a passenger capacity of 275 passengers per day. On site parking is available for 35 spaces regularly parked after 5 PM weekly and all day on weekends, and 65 spaces if valet parked. The charter operator has entered into a lease with an adjoining property owner to provide 43 additional parking spaces offsite, adjacent to the property. The applicant has also provided men and women's toilet facilities on site for.charter patrons. The Tideland Affairs Committee has reservations regarding the size of the charter operation on the site, in:light of the finding by the Planning Commission that the project had been designed to preserve a portion, of the existing boatyard which is currently operating on the site. The TAC is concerned that the magnitude of the charter operation on the upland property and the use of the docks bayward.of the property as charter operation, has a potential for jeopardizing the marine boatyard. With this concern in mind, the TAC is recommending that the Council refer the existing Use Permit back to the Planning Commission with a request that they review this change in use on the site and determine if it is consistent with the findings and conditions originally approved by the Planning Commission. Again, in the past the docks were primarily used as a berthing spot for vessels for sale and use by the boatyard. It appears, based on the request by the applicant, that the majority of the dock space would now be allocated to the charter operation and a small percentage available to the boatyard. Tideland Affairs Committee Tony Melum, Tidelands Administrator 0 TY OF NEWPORT BEACH Marine Department January 14, 1991 TO: MAYOR AND CITY COUNCIL FROM: Tideland Affairs Committee SUBJECT: HARB OR PERMIT APPLICATION 129-27�fl3 BY THE BERTHA ROBINSON PARTNERSHIP, TO REVISEITHt COMMERCIAL DOCKS BAYWARD OF 2703 WEST COAT HIGHWAY Recommendation: If desired, refer Use Permit 1889 back to the Planning Commission for review, in light of the request by the permittee to remove the restriction on the Harbor Permit and allow commercial chartering. Discussion: This application is before the City Council as required by Section 5.C.3. of the Harbor Permit Policies which states: 5.C.3. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when the abutting property is zoned commercial." In February 1979 the City Council sustained a decision by the Planning Commission to approve Use Permit .1889 for the property at 2703 West Coast Highway. As part of that approval the Planning Commission made the following findings among others: "That the project has been designed to preserve a portion of an existing boatyard currently operating on the site". and conditioned their approval with several conditions, one of which stated: 11(3) That the proposed boat slips bayward of the property shall be utilized for boat sales or for a boat yard. No commercial slips shall be permitted unless the required number of offstreet parking spaces and restroom facilities are provided." This condition on the Use Permit was included as a condition in the Harbor Permit issued by staff. In the recent past the commercial docks bayward of the above facility have been used as a boarding location for chartering operations by a tenant of the upland property. They have been running charters out of the site on a Special Events Permit, charter -by -charter basis. Recently the Marine Department received a request to allow revision of the slips bayward of the property to more efficietly accomodate the charter operation and the boat yard facility. At the time of the request the Marine Department became aware of Condition (3) stated above, and this application is now before the City Council requesting that the restriction be removed and that the docks be allowed to be used for purposes other than boats for sale and boatyard facilities; specifically for commercial charters. The charter operator is proposing a charter business with a passenger capacity of 275 passengers per day. On site parking is available for 35 spaces regularly parked after 5 PM weekly and all day on weekends, and 65 spaces if valet parked. The charter operator has entered into a lease with an adjoining property owner to provide 43 additional parking spaces offsite, adjacent to the property. The applicant has also provided men and women's toilet facilities on site for charter patrons. The Tideland Affairs Committee has. reservations regarding the size of the charter operation on the site, in light of the finding by the Planning Commission that the project had been designed to preserve a portion of the existing boatyard which is currently operating on the site. The TAC is concerned that the magnitude of the charter operation on the upland property and the use of the docks bayward of the property as charter operation, has a potential for jeopardizing the marine boatyard. With this concern in mind, the TAC is recommending that the Council refer the existing Use Permit back to the Planning Commission with a request that they review this change in use on the site and determine if it is consistent with the findings and conditions originally approved by the Planning Commission. Again, in the past the docks were primarily used as a berthing spot for vessels for sale and use by the boatyard. It appears, based on the request by the applicant, that the majority of the dock space would now be allocated to the charter operation and a small percentage available to the boatyard. Tideland Affairs Committee Tony Melum, Tidelands Administrator 17.40.090-17.41.005 HARBOR REGULATIONS (b) The houseboat marina has become a source of pollution of the harbor. (c) The facilities of the marina or the houseboats located therein have fallen into a state of disrepair. (d) Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this Chapter. (Ord. 1029 (part), 1963: 1949 Code § 8705). 17.40.090, Administration of Chapter -- Appeal. The provisions of this Chapter shall be administered by the Community Development Director in coordination with the Marine Director. Any aggrieved person may appeal any decision of the Building Official to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date on which notice of the decision is mailed to the applicant. The City Council shall make a decision on the appeal within thirty (30) days and such decision shall be final. (Ord. 1602 § 11., 1975: Ord. 1286 § 11, 1968: Ord. 1029 (part), 1963: 1949 Code § 8706). Chapter 17.41 ' COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR* Sections: 17.41,005 Findings and Purpose. 17.41.010 Definitions. 17.41.020 Permit for Commercial Activities Required. 17.41.025 Exceptions. 17.41.030 Application for Permit. 17.41.040 Filing Fee. 17.41.050 Issuance of Permit. 17.41.070 Power to Impose Conditions: Hold Harmless. 17.41.080 Duration of Permit. 17.41.090 Revocation. 17.41.095 Appeal. 17.41.100 Transfer of Permit. 17.41.1 10 Licenses and Fees not Exclusive. 17.41.110 Application to Existing Activities. 17.41.005 Findings and Purpose. In adopting this Chapter, the City Council makes the following findings: (a) There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach; and •Prior ordinance history: Ords. 1345, 1573, 1602, 1612, 1759 and 1766. (Newport Beach 3-85) 368 �. t-A— '7 ti COMMERCIAL ACTIVITIES, HARBOR 17.41.010-17.41.030 (b) This commercial activity has created an additional demand for available parking and created traffic congestion in and around the water- front; and (c) On occasion, this commercial activity has created an unreasonable level of noise which has interfered with the right of persons who own prop- erty on or near Newport Bay to the peaceful enjoyment of their property; and (d) This commercial activity has the potential to interfere with the free -flow of boats and vessels operating on waters of Newport Beach and, the potential to increase the amount of pollution litter on and in those waters; and (e) In adopting this Chapter, the City Council intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach arc not, adversely affected by commercial activities con- ducted on those waters. (Ord. 84 29 § I (part), 1984). 17.41.010 Definitions. (a) For the purpose of this Chapter, the term "waters of Newport Beach" shall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying wider the tidal wafer are privately or public owned. (b) For the purpose of this Chapter, the term "commercial activity" shall mean any service, trade, business or occupation carried on, for which anv monetary or other valuable consideration is received, or for the purpose of profit. (Ord. 84=-9 § 1 (part), 1984). 17.41.020 Permit for Commercial Activities Required. No person shall engage in, or conduct, any commercial activity on the waters of Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.025 Exceptions. The requirements of this Chapter are not ap- plicable to the following: (a) Commercial fishing activities; (b) Boat repair and maintenance services; (c) Marine construction or contracting services; or (d) Vessels used in conjunction with an exempt activity shall also not be used for office purposes unless such use is specifically authorized via per- mit issued pursuant to this Chapter. (Ord. 84-29 § 1 (part), 1984). 17.41.030 Application for Permit. An application for permit under this Chapter shall be filed with the Marine Director, upon forms provided by the City, and shall contain the following information, and such other informa- tion as the City Council may require: 368-1 (Newport Beach 3-85) 17.41.040-17.41.050 HARBOR REGULATIONS (a) The name, business address and business telephone number of applicant;. (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business; (c) The name, address and telephone number of the person, or persons, who will have general. management responsibility for applicant's business; (d) A detailed drawing of the boat, watercraft and/or other facilities applicant proposes to use, together with such specifications and other tech- nical data as may. be needed for proper evaluation of the application; (e) A full description .of the proposed method of operation of such vessel, watercraft and/or other facilities, including but not limited to: 1. Hours of operation, 2. Maximum number of patrons or passengers, 3. Route or routes of travel, - - - - - 4. Embarkation and debarkation points, 5. Type of activities permitted on -board, 6. Type of merchandise sold; '(f) A description of the manner in which applicant intends to dispose of sewage, trash and litter resulting from the operation; (g) A description of the type of entertainment applicant proposes to provide, if any; (h) A description of any sound amplification .which applicant proposes to use; (i) A description and location of parking facilities available for the pro- posed operation; (j) Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution, litter, or any other matter which could adversely affect the health, safety and welfare of those who use, enjoy or own property near the waters of Newport Beach. (Ord. 84-29 § 1 (part), 1984). 17.41.040 Filing Fee. An application for a Commercial Harbor Activities Permit shall be accompanied by the fee established by resolution of the City Council. (Ord. 84-29 § 1 (part), 1984). 17.41.050 Issuance of Permit. Upon receipt of an Application for Com- mercial Harbor Activities Permit, the Marine Director shall investigate the information contained in the application. The Marine Director may refer the application to the Planning Department or other appropriate City depart- ments, or to the Orange County Sheriff's Harbor Patrol for investigation, report or recommendation. Except as provided in this section, the Marine Director shall issue the Permit upon a determination that approval of the Application will not ad- versely affect the health, safety or welfare of those who use, enjoy, or own propety near the waters of Newport Beach. (Newport Beach 3.85) 368-2 f I . i COMMERCIAL ACTIVITIES, HARBOR 17.41.070 The Marine Director shall deny the Application if: (a) The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Beach by members of the public, or interfere with the rights of those who own prop- erty near the waters of Newport Beach to the peaceful and quiet enjoyment of that property: (b) The proposed commercial activity. is likely to contribute to the problem of pollution and litter on and in the waters of Newport Beach; (c) The vessel or craft to be used by the Applicant does not satisfy the applicable standards of the U.S. Coast Guard; (d) The proposed commercial activity is likely to create marine traffic congestion, or otherwise interfere with the rights of others to use the waters of Newport Beach; and (e) The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe load- ing and unloading of passengers and supplies. Tile Marine Director shall notify Applicant of his decision within 90 days from the date on which the application is submitted. (Ord. 84-29 § 1 (part), 1984). 17.41.070 Power to Impose Conditions: Hold Harmless. In granting any permit pursuant to this Chapter, the Marine Director, or the City Council on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of the waters of Newport Beach, the rights of other persons using the waters of Newport Beach, the interests of residents and property owners whose properties abut or are in close proxi- mity to the waters of Newport Beach, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall hold the City, the County of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against, any claim for damages arising out of the exercise of the permit; in addition, the permittee shall reimburse said agencies for all attorney's fees and other costs which are ex- pended by them in defending against any claim, lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. The Marine Director or City Council, on approval or review, shall have the power to impose new conditions or modify existing conditions with re- gard to any permit issued pursuant to this Chapter upon a determination that the operations by permittee, in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. (Urd 84-29 § 1 (part), 1984). 368-3 (Newport Beach 3-a5) r 17.41.080-17.41.100 HARBOR REGULATIONS 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid until terminated or revoked. (Ord. 84-29 § 1 (part), 1984). 17.41.090 Revocation. Any permit granted pursuant to the provisions of this Chapter may be revoked, by the Marine Director, in whole or in part, upon five days' prior written notice to permittee. directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit should not be revoked. The notice shall specify the reasons for the proposed action. A permit may be revoked on any of the following grounds: (a) That the permit holder has made a misrepresentation as to any ma- terial fact set forth in the application; (b) For the violation of any law, rule or regulation of the United States, the United States Coast Guard, the State of California, the City of Newport Beach, the County of Orange or the Orange County Sheriff's Harbor relating to the commercial activities authorized by any permit issued pursuant to this Chapter; (c) That the commercial activities of permittee adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Beach; (d) That the commercial activities of permittee fall within the criteria for denial of an application, as set forth in subparagraph (a), (b), (c), (d) or (e) of Section 17.41.050. (Ord. 84 29 § I (part), 1984). 17.41.095 Appeal. Any applicant aggrieved by a decision of the Marine Director may appeal to the City Council. The appeal must be in writing, filed with the City Clerk within 15 days from the date on which notice of the action by the Marine Director was deposited in the U.S. Mail, and must set forth the facts and circumstances that form the basis of the appeal The City Council may preside over the hearing on appeal or, in the al- ternative, may appoint a hearing officer to receive all relevant evidence and to prepare findings and recommendations to be considered by the City Council at a regular meeting held within 60 days from the date of the hear- ing. The City Council shall determine the merits of the appeal and may sustain, overrule, or modify the action of the Marine Director. The decision of the City Council shall be final. (Ord. 84-29 § 1 (part), 1984). 17.4-1.100 Transfer of Permit. No permit issued pursuant to the provi- sions of this Chapter shall be transferable either by assignment, sale, hypo- thecation, operation of law or otherwise without permission of the City Council having_ first been obtained. Applicrion for transfer of any permit shall Oe subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing ) permit, the City Council may impose such conditions as it may determine are in the public interest. (Ord. 84-1-9 § 1 (part), 1984). (Newport Beach s-as) 368 4 COMMERCIAL ACTIVITIES, HARBOR 17.41.110-17.41.130 17.41.110 Licenses and Fees not Exclusive. Fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code or any other provision of law. (Ord. 84-29 § 1 (part), 1984). 17.41.120 Application to Existing Activities. The commercial activities of those holding permits issued prior to. the effective date of this Chapter may be continued to the extent authorized by permit or prior ordinances, but the permittee shall not increase, or expand activities beyond those which are conducted on the effective date of this Chapter, unless an amendment to the permit has been approved by the Marine Director or City Council on appeal Any person, firm, _ corporation or other entity conducting any com- mercial activity :on the waters of Newport Beach on the effective date of this Chapter, who does not possess a valid permit issued pursuant to this Chapter, shall apply to the City for such a Permit not later than ninety (90) days from the effective date of this Chapter. (Ord. 84-29 § 1 (part), 1984). 17 Al 130 Misdemeanor — Public Nuisance. (a) Any person violating the provisions of this Section shall be guilty of a misdemeanor. Any person con- victed of a violation of this Section shall be punishable by a fine of not more N than $500.00, or by imprisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment. A person violating the provisions of this Chapter shall be guilty of a separate offense for each day during which any violation is committed. (b) in addon to the penalties prvvide`.l in subset lion (a), any vond:- tion caused or permitted to exist in violation of any of the provisions of this Section shall be deemed a public nuisance. (Ord. 84-29 § 1 (part), 1984). J 368-5 (Newport Beach 3-85) CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3215 December 20, 1990 John Guela c/o Avalon Pacific Marine 2729 West Coast Highway Newport Beach, CA 92663 SUBJECT: Public Assembly SUBJECT LOCATION: 2728 West Coast Highway, Newport Beach, CA Dear Mr. Guela: As a follow-up to our December 7, 1990 letter, it has come to our attention that in addition to offering your facility as a wedding chapel, you are further utilizing this specific location as a public assembly area in conjunction with your boat charter operation. Please be advised that this public assembly as any other public assembly such as a church, school, yacht club, etc. would require a use permit, -according to the Newport Beach Municipal Code Section 20.30.020. Therefore, in order to continue this activity, you are hereby required to obtain the necessary applications and subsequent approval by the Planning Commission. Thank you for your anticipated cooperation in helping us to resolve this matter. However, may we remind you that should you choose to ignore our request, then without any additional delay this matter will be referred to the Office of the City Attorney for appropriate action. To discuss this letter, you should contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. PLANNING DEPARTMENT JAMES . HEWIC Director ByA f A I// Code Enforcement Supervisor xc Bertha -Robinson Partnership, 2717 West Coast Hwy., Newport Beach, CA 92663 Roy King, c/o Avalon Pacific Marine, 2729 West Coast Hwy., Newport Beach, CA William Laycock, Current Planning Manager William Ward, Senior Planner Jay Garcia, Senior Planner Tony Mellum, Tidelands Administrator. Glen Everroad, License Supervisor JS:ll 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3215 December 7, 1990 John Guela c/o Avalon Pacific Marine 2729 West Coast Highway Newport Beach, CA 92663 SUBJECT: Wedding Chapel, 2729 West Coast Highway, Newport Beach, CA Dear Mr. Guela: It has come to the attention of this department that you are in the process of operating a wedding chapel, which use may possibly be permitted from a zoning standpoint, but would require no less than a use permit. This use would also be subject to the conditions of Newport Beach Municipal Code Section 20.07.044 which section deals with floor area ratios including the visual and physical mass of a building and its calculations according to use. Therefore, until the proper applications have been submitted and approved by the Planning Commission, you are hereby advised to cease any further operation as far as any public assembly goes in conjunction with the operation of a wedding chapel at the subject property. You are further advised that should you care to pursue this use in a lawful manner, then you should contact Senior Planners Bill Ward or Jay Garcia at 644-3200 and they will assist you in your application if you so desire. Thank you for your anticipated cooperation in hSlping us to resolve this matter. May we remind you however, that should you choose to ignore our advice, then without any further delay this matter will be referred to the Office of the City Attorney for appropriate action. To discuss this letter, you should contact Jim Sinasek between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. 3300 Newport Boulevard, Newport Beach John Guelo December 7, 1990 Page 2 PLANNING DEPARTMENT JAMES D. HEWICKER, Director J 1111 Vlll(1J Vll Code Enforcement Supervisor xc: Edward B. Robinson, c/o Daon-Robinson Co., 363 San Miguel Dr., Ste. E, Newport Beach, CA 92660 Bertha -Robinson Partnership, 2717 West Coast Hwy., Newport Beach, CA 92663 Roy King, c/o Avalon Pacific Marine, 2729 West Coast Hwy., Newport Beach, CA 92663 William Laycock, Current Planning Manager William Ward, Senior Planner Jay Garcia, Senior Planner Tony Melum, Tidelands Administrator Glen Everroad, License Supervisor y I TO: FROM: SUBJECT: i MEMORANDUM CITY OF NEWPORT BEACH PLANNING DEPARTMENT December 10, 1990 Tony Melum, Tidelands Administrator W. William Ward, Senior Planner Proposed Off -Site Parking at 2436 West Coast Highway for boat charting at 2729 West Coast Highway - Roy King The proposed parking identified on the attached Exhibit "A," which includes 34 spaces on Parcel 3 of Parcel Map No. 90-173 and 9 spaces at the rear of the property located at 2436 West Coast Highway, known as the Waterfront Homes Building, are acceptable for use as off -site parking for the proposed boat charting activity at 2729 West Coast Highway. It should be noted that in the latter case, the limited use of said parking after 6:00 p.m. is mandatory, inasmuch as said spaces are required parking for the daytime office use of the Waterfront Homes Building. The Planning Department is unaware of any such restriction on the former location; therefore, we have no objections to the unlimited use of said parking spaces for the proposed boat chartering activity. It should be further noted that there is an illegal wedding chapel (public assembly) activity being conducted within the bay front building at 2729 West Coast Highway. Said use requires the approval of a use permit by the Planning Commission and would be required to provide all of its parking on -site, unless a formal off -site parking agreement were approved by the Planning Commission and the City Council. Therefore, the above mentioned parking spaces may not be used for the wedding chapel use until the appropriate approvals have been obtained by the operator. - PER INC:11. NO. TR Ar' .1 I � Q3 mo114 1 V4 6 SET 7 00 CF 1. q tm ID :So P, 14014 -7 'POR OFACCESS COAD *0?' 29"Vv I?JST- 8?-047530 0. R. KIC010013 Pq W AM, Poe -no r AccAccessG 11 0 rl". It, :Z�-, 76-771t— Lo, - d\— kio.119 Ac. co th 0 M 242.9 LP 0.449 Ac. w o/ .7, -4 1 g/q N P IV ip o"J Lo Illa 14 (Ij th % M O.C. 1jg9511gq5 i TRAUTWEIN BROS. SUNJ[CT------------------------------------ sHccT No. ---------of------ . General Engineering Contractors --___--- ------------------------------------ )o■ No._____________-------- 2I10 Newport Blvd, Newport Booc6, Calif. 92660---------------------------------------------- ---- -- ------------------- DAT[-------- 673.1960 ■Y -- - CHKD. ■Y------DAT[-------- i fe { .e/p y 4 f ( f rt i ��- Cl� IGs,4L i w V : '1 4-3 � t EA • -- arifr,7La O - - I , W ,u G\` �- - — _ 1 OA -- - --- - 1,-- �G c w if - o u , 1 I ' N \ C� up t7p uuu uL, I. 71 r h _.... ------... r' ---_-•-. 1. -. _ __ -. .__...- ,.:- -..-. _- _ _. _. T-' , - , _ __._-- .___ _. � __.-.__-i---, -r-• ._._...---rT-' ! fir- T�-'�'�� r. I 1 . I-- , I I � l I . i n I I r i Pacific Avalon Marine Inc. SPECIALIZED YACHT CHARTERS MR Tony Melum Tidelands Administrator City. Of Newport Beach Re: Harbor Perm it 129-2703 Dear Mr. Melum Per our phone converstion and your letter dated Nov. 29, 1990. 1 will answer your requist for information. We have 2 women's, 2 men,s toilets for our charter clients to use 24 Hr a day. We have 35 marked parking spaces to use 7 days a week from 5pm-8am, at 2729-2727 w coast hwy Newport. We normally park around 60 cars in the same space. xcNu¢nr�cKrcHurtn We have 0.281 Ac.+ at 2436 w coast hwy Newport. 7days a week 24hr. This lot is not marked but I think we can park 70 to 80 cars +the 9 marked spots. The yachts loading out of our location are as follows. THE B.P.JOHN. 103FT 100 PEOPLE THE SPIRIT OF NEWPORT 100.PEOPLE THE LADY NEWPORT 40 PEOPLE The above yachts or decked at this location. Most all yachts loading and unloading at this location do not go out at the same time. The most common times for charter is after 6pm and the days or Fri, Sat and Sun. We have a full time operating pumpout station, and our own dumpster for trash and garbage. I hope the information is sufficient. Si erely, �., Ro ing 2729 WEST COAST HIGHWAY . NEWPORT BEACH, CALIFORNIA 92663 (714) 642-6865 OR (714) 548-9381 FAX: (714) 548-9382 P��T CITY OF NEWPORT BEACH n BUSINESS LICENSE DIVISION O®c-P = P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 N4 (714) 644-3141 November 28, 1990 Pacific Avalon Marine 2729 Coast Highway W Newport Beach 92663 Dear Charter Operator, As the Christmas Boat Parade nears, the City would like to remind you of some of the obligations and requirements to operate charters in Newport Harbor. 1. All charter vessels not operating within the conditions of a Commercial Harbor Activities Permit shall obtain Marine Charter Permit. 2. Charters shall provide evidence of parking for each charter not parked at charterer controlled sites. Evidence shall include the name and phone number of the authorizing representative for the site. 3. When shuttles are used instead of on site parking, evidence of the shuttle company shall be required for each charter. Evidence shall include the name and phone number of the agent for the shuttle service. 4. No vessel shall be permitted for charter unless it has been inspected by the Marine Harbor Inspector. Any vessel seeking inspection should make arrangements to be inspected before December 15. 5. Exterior Christmas 1_ights may be displayed only during the times of the parade, and only while on the parade route. Copies of the parade route may be obtained from this office. 6. Amplified sound restrictions shall be lifted to allow audibility to 100 feet from the vessel during the hours of 6:45 PM to 8:45 PM while participating in the parade, and while on the parade route. Amplified sound restrictions outside the parade route and times shall be strictly enforced. Charter agents and boat owners should familiarize themselves with, and set an example in utilizing the pumpout stations located in this Harbor. A map displaying the nine public pumpout stations has been attached. It is our effort to ensure that a pleasant and profitable Christmas boat parade occurs. Charter permit applications will be processed as soon as received. Penalties for late filing will be applied to all applications received with less than two full working days prior to the charter. As always, you may page me by dialing 729-5811 and entering the phone number you want me to call should you have last minute questions. City staff will be present each night of the parade for enforcement of violations and problem solving. Should you have questions regarding the Christmas boat parade or this correspondence please contact me at 644-3141 or Wes Armand at 644-3044. Happy Holidays, r^ Glen Everroad License Supervisor 3300 Newport Boulevard, Newport Beach PARKING LOT LEASE •' (General, Long Form) 1. PARTIES: This Lease is made and entered into this thirtieth day of November 1990 by and between Gilbert and Patricia Foerster, husband and wife as JT — (hereinafter referred to as ''Landlord'') and Roy King ..................... (hereinafter referred to as ''Tenant''). 2. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions hereinafter set forth, that certain real property and the building and other improvements located thereon situated in the City of NEWPORT BEACH State of CALIFORNIA commonly known as 2436 W. Coast Highway, Newport Beach, Ca. 92.663 (here insert address) and described as Parking spaces at rear of Waterfront Homes, Inc. , building at 2436 W. Coast Highway, for seven�dayseSCper week. SEE EXHIBIT "A" _ a plot map showing designated parking area. (said real property is hereinafter called the ''Premises''). 3. TERM: ONE YEAR-12 mo December 1 1990 The term of this Lease shall be for � commencing on and ending on November 30 1991. midnight. 4. RENT: Tenant shall pay to Landlord as rent for the Premises, the sum of Two thousand, f ive hundred dollars 2500.00 ($ ),dollars per month, in advance on the first day of each month during the term hereof. Rent shall be payable without notice or demand and without any deduction, off -set, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. TOTAL RENTAL FOR ONE YEAR LEASE TO BE`$30,000. WOLCOTTS FORM 983—LEASE—GENERAL (Long Form) —Rev. 9.84a ©WOLCOTTS, INC. 1984 (price class 2).' This standard form is intended for the typical. situations encountered in the field indicated. However, before you sign, read it. till in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer it you doubt the loam's fitness for your purpose and use. 5. TAXES: (a) Real Property Taxes. Landlord shall pay all real property taxes and general assessments levied and assessed,against the Premises during the term of this Lease, (b), Personal Property Taxes.— NOT APPZ:ICABLE Tenant shall pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures, furnishings equipment and other personal property of Tenant contained in the Premises. 6. LITIES — paid by landlord shall make all arrangements and pay for all water, gas, heat, light, power, telephone and other utility services supplied to the Premises together with. any.t.axes thereon and for all connection charges. 7. ALTERATIONS AND ADDITIONS: Tenant shall not, without the Landlord's prior written consent, make any alterations, improvements or additions in or about the Premises. 8. HOLD HARMLESS: Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from the conduct of its business or from any activity. work„ or things which may be permitted or suffered by Tenant in or about the Premises including all damages, costs., attorney's fees, expenses and liabilities incurred in the defense of any claimoraction or proceeding arising therefrom. Except for .Landlord's willful or grossly negligent conduct,Tenant hereby assumes all risk of damage to property or injury to person in or about the Premises. 9. ASSIGNMENT AND SUBLETTING: Tenant shall not voluntarily or by operation of law assign, transfer, sublet, mortgage, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent which consent shall not be unreasonably withheld. 10. DEFAULT: It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid, or if Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord, after giving the.proper notice required by law. may re-enter the Premises and remove any property and any and all persons therefrom in the manner allowed by law. The Landlord may, at his option, either maintain this Lease in full force and effect and recover the rent and other charges as they become due or, in the alternative, terminate this. Lease. In addition, the Landlord may recover all rentals and any other damages and pursue any other rights and remedies which the Landlord may have against the Tenant by reaso.n of such default as provided by law. 11. SURRENDER: On the last day of the term of this Lease, Tenant shall surrender the Premises to Landlord in good condition, broom clean„ ordinary wear and tear and damage by fire and the elements excepted. 12. HOLDING OVER: If Tenant, with the Landlord's consent, remains in possession of the Premises after expiration or termination of the term of this Lease; such possession by Tenant shall be deemed to be a tenancy from month -to -month at a rental in the !� amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month -to -month tenancy. 13. BINDING ON SUCCESSORS AND ASSIGNS: Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their. heirs, personal representatives, successors and assigns. 14. NOTICES: Whenever under this Lease a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the addresses as set forth below: TO LANDLORD AT: 2436 W.Coast Highway Newport Beach,Ca.92663 TO TENANT AT: Roy Kin 2729 W. Coast Highway Newport Beach,Ca. 92663 Such notice shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph. 15. WAIVERS: No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provisions. 16. TIME: Time is of the essence of this. Lease. 17. T-enant shall not conduct or permit to be conducted any sale or auction activity on the leased premises. • The parking lot is to be used for operational vehicles for — if coming and going," parking, not fnr oracleThe Gtoragp washing, polishing or maintenance of any car, truck, boat, i . 29. Tenant is responsible for removal of vehicles that have remained on the 'parking area for over 24 hours. 20' Tenant is responsible for identifying tickets or stickers to clearly show their right of occupancy to park. 2l. Tenant agrees to indemnify and hold the Landlord harmless of and from any andall claims, demands, liens, liabilities of every kind and description, or loss for injuries to any person or persons or damage to the premises or to the personal property of other persons arising from any act or omission of the Tenant, his employees and agents or their guests or invitees. 22: Tenant at his sole cost and expense, but for the joint benefit of Landlord and Tenant, shall procure and maintain in full force and effect during the term hereof, the following insurance covera.ge.' Public Liability -insurance with limits of not less than one million dollars (110:00,000.)`in respect to injury or death to a single'person. 23. Tenant shall have access to uncovered parkinonly. No g parking shall be permitted in existing carport area (6 covered spaces). See Exhibit ",A" for designated areas of permitted parking. 24. Tenant is to be aware that the City of Newport Beach may be widening the rear access on Avon St. - The parties hereto have executed this Lease on the date first above written. ,. LANDLORD: TENANT:OW By: _ By. By: By: 000 s � `,E.wPO CITY OF NEWPORT BEACH ~ n P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 V - z o ember 28, 1990 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: On October 12. 1990 and November..`14, 1990,I the Marine Department corresponded with you regarding the fact that commercial vessel chartering at the above permitted facility is in violation of your Harbor Permit. We have requested .that you or your tenant make application to correct this violation. As of this date we have not received the application. As a result, all commercial chartering from the facility must cease effective Dec�emb,er 1, 1990. By copy of this letter we are notifying the Business License Department that no permits should be issued for commercial charters out of the facility at 2703 West Coast Highway after December 1, 1990. The harbor permit was specifically conditioned that only special uses be conducted at the commercial facility, and unfortunately that condition has been violated for some time. If you have questions in this regard please contact me at 644-3044. Sincerely, /9*�- Tony Me um Tidelands Administrator cc: Ray King, Avalon Pacific Glen Everoad, Business Licenses 3300 Newport Boulevard, Newport Beach • �fi �g CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 �A November 14, 1990 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: It has been approximately thirty days since our discussion regarding the change and use of your docks bayward of the property at 2703 West Coast Highway. We have received the permit card, but have not received any of the information we need relative to the charter operation, i.e. the number of charter vessels that will be berthed at the site,the number of passengers that are proposed to be chartered from the site and how those passengers will be parked during the hours and the days of the week that chartering will take place. This information is imperative to the revision of the harbor permit. If we have not received the requested information by December 1, 1990, it will be necessary for us to notify business licensing and ask them to stop issuing charter permits until the permit is revised. If you have any questions in this regard, please contact me at (714) 644-3044. Sincerely, Tony Melum Tidelands Administrator TM: la cc Avalon Pacific 2729 West Coast Highway Newport Beach,ca.92663 3300 Newport Boulevard, Newport Beach m 2!a �— k0T"lWG FOOND 901'" 1 V4 cn C7 7% CIL U) OIL N0.9. 1407919z.9 POR , FACCESS Bono 71—e-W44(. r-111PoR"r1111 0 . Le �-% 'j U) co C.1-00, 0 Q,790' o Lli Lf).... off, � ' ot}' j� 25 -70 -7-5. 00 4) — 50.00' 50.00 S. WL y I INC Oc IOTA, 7.C. 919 MG100529"w R, --• I rl Nroloo-31?-C),,w - *:,. ... i - 0 -3, / �29w 242.930' 0 00, O.Z. 119951157,95 J A A 2 'Aff- 0.4-69 Ac . N 0 l m /� w N (F\ Lo M C\ /CYO ' m '� G / (20'�,TKTE OF CALIFORNIA F-A,�EME- IFOR IAICAIAWA'f PwZqoc�E�, PER ?�j 50.00',.�? 75-00' AN07(,I/ZCl O.W. M-990MPA � 't CONCYTPUC-TIOW RE;Z R.c;,.132-li10 -)Dl '1-4- PER -TlZAcr 1,10.919, VV F—S7 C: o c--,-r H 1(:21 H WA-f CIF W PO�� ' CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 cqc� FO VL November 14, 1990 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: It has been approximately thirty days since our discussion regarding the change and use of your docks bayward of the property at 2703 West Coast Highway. We have received the permit card, but have not received any of the information we need relative to the charter operation, i.e. the number of charter vessels that will be berthed at the site,the number of passengers that are proposed to be chartered from the site and how those passengers will be parked during the hours and the days of the week that chartering will take place. This information is imperative to the revision of the harbor permit. If we have not received the requested information by December 1, 1990, it will be necessary for us to notify business licensing and ask them to stop issuing charter permits until the permit is revised. If you have any questions in this regard, please contact me at (714) 644-3044. Sincerely, Tony Melum Tidelands Administrator TM: la cc Avalon Pacific 2729 West Coast Highway Newport Beach,ca.92663 3300 Newport Boulevard, Newport Beach f tr, o e 9�I FOVL CITY OF NEWPORT BEACH October 23, 1990 P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Edward B. Robinson 2717 West Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 Dear Mr. Robinson: Because the property at 2703 West Coast Highway is in a commercial zone, your request for a revision to your harbor permit requires City Council approval. To prepare the Staff Report to request that action be taken, I will need the following information: The number of vessels that will be operating out of the slips bayward of 2703 W. Coast Highway, the passenger capacity of each of the vessels and the proposed hours of operations. In addition we will need a parking plan prepared by the charterer(s) indicating how passenger vehicles will be parked during the charter times. It is my understanding that you currently have, on the property, men's and women's toilet facilities which are available to passengers of the charter operations. If this is not the case, please let me know. This is information to help us get started. If you have questions please call me at 644-3044. Sincerely, / /�� -r1 �C �� � li �. C " 4 , Tony M`//e1LLLLLL//uLLm 1 Tidelands Administrator 3300 Newport Boulevard, Newport Beach TRANSMISSION REPORT :CNB PROF/TECH NOV 02 '90 11:54 DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. TIME IDEN PAGES CODE �J ) NOV 02 11:52 71-44 76,4'-5-_ 4501 G3DT 01,091, 01/1 01 2810 izrZ-70 SEW Pp�T y CITY OF NEWPORT PEACH n BUSINESS LICENSE DIVISION U ) Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 cqc� Fo aN"P (714) 644-3141 October 17, 1990 John Gueolo Pacific Avalon Marine 2729 Coast Highway West Newport Beach, CA 92663 Dear Mr. Gueolo, This office has been advised by the city 's Planning and Marine Departments that they administer Use and Harbor Permits, respectfully, for the property at which your business is conducted. These departments have been in contact with Mr. Ted Robinson, who holds the Use Permit and Harbor Permit, and advised him that the charter activities conducted by your business violate conditions of the permits for the property. I have enclosed a copy of the most recent correspondence to Mr. Robinson from the Marine Department specifying the conditions with which they are concerned. The purpose of this correspondence is to advise you that this office, in it's administration of Municipal Code Chapter 5.18 relating to marine charters, is not authorized to permit marine charters to occur if the activity would violate a provision of City law. We are currently seeking opinion from our City Attorney's office on whether the operation of a charter company from the subject property, and the subsequent violation of Use and Harbor Permit conditions, constitutes a violation of City law. Should the property owner not resolve the concerns of Marine and Planning Departments regarding the use of the property, and the City Attorney find that Municipal Code is violated by the charter operations from the property, this office will no longer be able to issue Marine Charter Permits for charter boarding from your location. Should you have questions regarding this correspondence, please contact me at 644-3141. Yours truly, Glen Everroad License Supervisor cc: City Attorney Planning Department Marine Department 3300 Newport Boulevard, Newport Beach SEW Pp�,T CITY OF NEWPORT BEACH ~ n P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 v z cqc� Fo aN�P October 11, 1990 Ted Robinson Robinson Development Co. 363 San Miguel Drive, Suite E Newport Beach, CA 92660 Re: Harbor Permit 129-2703 for property at 2703 West Coast Highway Dear Mr. Robinson: The application for revision to your docks bayward of the above address has brought several problems to light regarding the Harbor Permit. As you are aware, in 1979 the City Planning Department issued a Use Permit for the property. That permit had a number of conditions. The conditions with which we are specifically concerned are herein quoted: 113. That the proposed boat slips bayward of the property shall be utilized for boat sales or the boat yard. No commercial slips shall be permitted unless the requited number of offstreet parking spaces and restroom facilities are provided. 5. A Harbor Permit must be obtained for the proposed construction of the project over the water. 15. If the boat docks are used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms must be provided in accordance with the City Harbor Policies. 16. The existing boat docks shall comply with City Standards and Regulations." It is our understanding that recently the boat docks have come more and more into use as a passenger facility for one or more charter companies. For these uses to continue, there must be compliance with the conditions listed above. Please contact this department immediately so we can proceed to bring the Harbor Permit portion of your property into compliance with the Use Permit and the Harbor Permit for the property. If you have questions you can reach me at 644-3044; Sincerely, Tony Me m, Tidelands Administrator 3300 Newport Boulevard, Newport Beach (9ke (W erika-(Roknson gartnerskifi ` EDWARD B. ROBINSON AT LARSON'S SHIPYARD ALBERT F. BERTHA 714/646-5055 BRIAN A. BERTHA October 17, 1990 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Re: Harbor Permit #129-2703 Dear Tony: Pursuant to our meeting yesterday afternoon, I would like to request that the above -referenced Harbor Permit be revised. our current permit provides for Yacht sales and Shipyard activity. We would like to revise the permit to allow charter operations to be run out of our Marina as well. I have enclosed the information card that you requested. If you have any questions, please feel free to call. Sincerely, The Bertha -Robinson. Partnership Bv���''/� E Edward B. Robinson; Generaf Partner EBR/md enclosure 2717 WEST COAST HIGHWAY, NEWPORT BEACH, CALIFORNIA 92663 C� T Y of Newpoer_ d e,4cN SrrC r LOM vOCh !/l�rt' 0 U c a N or w w�✓woe! a*�` p R T 0 Aw:cQOA D �c 0��CI.v Iac.f p A Q O A Val. M.( It wss! 1E7Tr VICINITY SKETCH Ew In i J aTrr ?\ N a wnoar 6.aY C.at tFoa►vrA Y= I � V 5,0urIdin95 ore eXpicssed in feed and d�no�e QdepIA5 below /Yl^0017 Lower Low Wofer. /Noxl.rt�,ss `�. � V � range o{ fio/c opprvx/rrrois/y !O �et-f. Norvor /.files �� ore es/ob//'Shed in �hi5 _ sec><ior! of'NewPv.f Bob. A ° G O 6 8000 _. lTO1JD i�---Z39.a9 a i �'lyllL4ll�fl Norc.. f 111Z7- P4-W C/rY SrANlJA,9l1,5. t Q —Zil, =I 00 2394d--�- I I I I I I II II / II II ' II e L41M=W e lallAl LA�50N.{ ,q GGYG'Nl✓DG f/N Z 9,A1XVGX - e a 7 B x• Ze.4 cT �19 -Io e A vo.eE ss 27D/-2�03 GUesf CoaSfk �h�a� ca, --rgAC rD C o-4 rE,4� 9�79 /rA) �F W P0�T CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH; CA 92659-1768 CgG/ FO RN�P October 11, 1990 Ted Robinson Robinson Development Co. 363 San Miguel Drive, Suite E Newport Beach, CA 92660 Re: Harbor Permit 129-2703 for property at 2703 West Coast Highway Dear Mr. Robinson: The application for revision to your, docks bayward of the above address has brought several problems to light regarding the Harbor Permit. As you are aware, in 1979 the City Planning Department issued a Use Permit for the property. That permit had a number of conditions. The conditions with which we are specifically concerned are herein quoted: 113. That the proposed boat slips bayward of the property shall. be utilized for boat sales or the boat yard. No commercial slips shall be permitted unless the required number of offstreet parking spaces and restroom facilities are provided. 5. A Harbor Permit must be obtained for the proposed construction of the project over the water. 15. If the boat docks are used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms must be provided in accordance with the City Harbor Policies. 16. The existing boat docks shall comply with City Standards and Regulations." It is our understanding that recently the boat docks have come more and more into use as a passenger facility for one or more charter companies. For these uses to continue, there must be compliance with the conditions listed above. Please contact this department immediately so we can proceed to bring the Harbor Permit portion of your property into compliance with the Use Permit and the Harbor Permit for the property. If you have questions you can reach me at 644-3044; Sincerely, F Tony Me m, Tidelands Administrator 3300 Newport Boulevard, Newport Beach PpRT CITY OF NEWPORT BEACH n P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 V � c'1c�oRN`P October 4, 1990 Marshall D. Steele Blue Moon Marine 2703 W. Coast Highway Newport Beach, CA 92663 Re: Harbor Permit 129-2703 - Your letter of 9/28/90 Dear Mr. Steele: In reviewing the files for' the property at 2703 West Coast Highway, former Larsens Shipyard, .1,find the following controls impacting � on the docks bayward of that address: Use Permit- 1889 states several coInditions including the following-,,ti . ,, Condition #3 - That the proposed slips bayward of the property shall be utilized for boat sales or the boat yard. No commercial slips shall be permitted unless the required offstreet parking spaces and restroom facilities are provided... Condition #5 - That a Harbor Permit must be obtained for the proposed construction of new docks. Because this particular facility is located in a commercial zone, approval of the harbor permit for revisions to the dock would need to have City Council approval. However, the determination was made by staff that because the revision had essentially been approved by the Planning Commission, it would be unnecessary to require further approval by the council. Condition #15 - That if the boat docks should be used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms shall be provided in accordance with the city's Harbor Permit Policies. The conditions named above are conditionsof the Use Permit and also became conditions of the Harbor Recently the property owner made application to the City of Newport Beach to revise the commercial docks. It was our understanding at the time that the purpose of the revision was to make the docks more accessible as an accomodation to the shipyard, which would be ever, during the consistent with the conditions listed above. How processs it has come to our attention that the major reason for the dock revision is to accomodate commercial use of the marina, specifically for charter boat operations. It is staff's opinion 3300 Newport Boulevard, Newport Beach that this type of operation would be affected by the conditions listed above and represent a major change in the use of the facility. The nature of this change in use and the limiting conditions above should have been brought to the City Council's attention when the revision was approved. Therefore, if the applicant wishes to proceed, additional approval of the City Council will be required, and probably approval of the Planning Commision, before we can issue the permit for revision and for a -different use of the docks than 'anticipated in the - or- -g na-3:_w,_._ conditions. I hope this answers your questions. Please call me at 644-3044 if .you need further information. Sincerely, Tony Mel • Tideland Administrator M O N MARINE BLUE O 2703 W. toast Hwy. • Newport Beach, CA 92663 • (714) 548I,3641 SEPTEMBER 281 1990 DATE, El MAYOR El FIRE TO: COUNCIL Cl GENERALSERV. [:1 MANAGER LIBRARY [] ASST. TO MGR. MARINE 0 EXEC. ASST. F-I PARKS & REC. 0 ATTORNEY PERSONNEL E:lBUILDING D . PLANNING 0 CITY CLERK 0 POLICE 0 DATA PROCESS. [::] PUBLIC WORKS E3 DUPLICATING PURCHASING 0 FINANCE O TRAFFIC F7 BUSINESS LIC. ED UTILITIES FOR: ACTION & DISPOSITION ❑ FILE INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: r l " A If') II �i , `"its' t4, r. ` tC<R'f i I FROM: L — i i }.;14 Of CALIFOnNIA 090n0l D[UKM[JtAN, tJsrNnop ::;;'"CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 6809 INDIANA AVENUE, SUITE 200 _RIVERSIDE, CALIFORNIA 92506 IZ I . PHONE: (714) 782-4130 October 20,.1989 Blue Moon Marine 2703 W. Coast Ilwy, Nowport Boach , Ca 92663 I(LV 1 S 1 ON O1' 1111' I:X I S'I' I N(: DOCK!; I.0(:A'I I':O A'I' r' 10.1 WI:S'1' COAST 11 I CI IWAY Dear Mr. Steele: If standard dock construction methods and materials are utilized, this project should not affect water quality. A statement has been submitted that there will be no waste discharged from the vessel(s) moored at this dock. Based on 'these assurances, clearance is provided. Sincerely, Augustine E.'Anijielo- WRC Engineer . AEA:eyp IF YOU SHOULD HAVE ANY QUESTIONS REGARDING THE APPROVAL OF THE DOCK RECONSTRUCTION REVISIONS, PLEASE CONTACT JOANNE LEE AT THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD AT (714) 781-6288. October 9, 1989 TO: FROM: CITY OF NEWPORT BEACH Marine Department MAYOR AND CITY COUNCIL Marine Department SUBJECT: HARBOR PERMIT APPLICATION 129-2703 BY BERTHA ROBINSON PARTNERSHIP TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 2703 WEST COAST HIGHWAY Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission 2.. Approval of the Army Corps of Engineers 3. Approval of plans and specifications by the City's Public Works Department 4. That the westerly side of the revised finger adjacent to the marine rail ways will not be available for permanent. berthing of vessels, and will be used only for temporary berthing of vessels using the repair faciity. 5. That all vessels berthed at the revised marina shall have free ingress and egress without the necessity of moving adjacent vessels. Discussion: This application is before the City Council as required by Section 5.C.3. of'the Harbor Permit Policies, which states: 5.C.3."Prior approval of the City Council will be required before issuing a permit for shore -connected structures when the upland abutting property is zoned commercial". The applicant is proposing the requested revision to make the facility more useable in conjuction with the marina railways and the upland boatyard. The revised dock will make it possible to temporarily berth vessels on the westerly side prior to being. loading on the marine ways. The docks as currently figured are not available for this use. To prevent blocking the area where the marine way traverses, and to preclude the necessity of going into adjacent water areas, it is necessary to condition the revised finger so that vessels not be permanently berthed on the westerly side but be there temporarily only, to facility their loading onto the ways. Tony�M lum' Tidelands Administrator / NAME ADDR��S OF PROPOSED FACILITY * PERMIT H �h2 Bertha -Robinson Ptnr. p/L703 W. Coast Highway, N TELEPHONE NO FE CHECK NO. DATE ""271TDIi . Coast Highway Newport Beach, CA 92663 646-5055 APPROVED BY: DATE APPLICATION IS HEREBY ,MADE FO A HARBOR PERMIT TO OCHD ❑ CONSTRUCT/REVISE A F ` 4 AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL m BY COMPANY PUBLIC WORKS ❑ D D I DEPT. ❑ DAT October 17 1990 ESCROW C INSPECTION ❑ SIGNATURE 1 SPECIAL CONDITIONS: I1 CITY OF NEWPORT BEACH, CALIF. � I WX FORM 68-1010 - NAME ,Nay - y _ ADDRESS OF PROPOSED FACILITY -MIT k 7 LI1 ApDWSS -q tfn AL „•, _wap TELEPHONE NO. FEE - CHECK NO. DATE APPROVED BY: IL " DATE - u A TLC OCHb AT THE ENGR NEWPC -_ COUNCIL - -BY of ioirr'wnove _' y % - :DAD. INSPECTIO/NfY _ SiGNATUF�E _ - Q/11i r SPECIAL CONDITIONS: s� c CITY OF NEWPORT BEACH CALIF. _ pORM sa so10 � m CITY OF NEWPORT BEACH October 9, 1989 11. NONSTANDARD IMPROVEMENTS AND STREET MAINTENANCE FOR BACK BAY DRIVE ADJACENT TO TRACT NO. 11937 - Approve an agreement for nonstandard improvements and street maintenance for a portion of Back Bay Drive adjacent to Tract 11937 with the Irvine Company; and authorize the Mayor and City Clerk to execute subject agreement and record with Orange County Recorder. (Report from Public Works Department) 12. CONSTRUCT NEW RESTROOM AND REMODEL LIFEGUARD HEADQUARTERS (CONTRACT NO. 2721.) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be received and opened at 2:00 p.m. on November 9, 1989. (Report from Public Works Department) Tract 2721 destrm/ .ifeguard Zmdl -2721 (38) 13. NONSTANDARD DRIVEWAY APPROACH AT 3607 Permit/ FINLEY AVENUE - Uphold staffs approval Faubert of the execution of an agreement for (65) nonstandard improvements at 3607 Finley Avenue [Mary Ann Faubert]® (Report from Public Works Department) I 14. HARBOR PERMIT APPLICATIONS - Uphold arbor staffs recommendation in the reports Permit from the Marine Department for the 51) following: (a) Application No. 129-2703 by Bertha Robinson Partnership to revise the commercial docks bayward of 2703 West Coast Highway, approve, subject to conditions in the staff report. (b) Removed from the Consent Calendar - Application No. 105-2209 by Lynn Burnett to build a new bulkhead bayward of 2209 Bayside Drive. 5. SPECIAL EVENT PERMIT - Uphold staff s Special recommendation to approve Application Events No. 89-317 for public pyrotechnics ermit display Grand Reopening Celebration at pli# 89- Fashion Island, Newport Center for [317 October 23 thru 29, 1989. (Report from (65) Business License Supervisor) 6. BUDGET AMENDMENTS - For approval: 1(25) BA-031, $29,500 - Transfer in Budget Appropriations for purchase of new truck tractor; General Services -Refuse Fund. Volume 43 - Page 409 CITY OF NEWPORT B-EACH COUNCIL MEMBERS G `nv f `s'�► �, O 4 Z� 3F N October 9, 1989 ROLL CALL Motion All Ayes Motion Ayes Noes x x x I x I x I x I x I x I x BA-032, $2,120 - Transfer in Budget Appropriations for one-half of the cost of entrance sign for Corona del Mar; General Services -Traffic Signs and Markings Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department recommending HARBOR PERMIT APPLICATION NO. 105-2209 by Lynn Burnett to build a new bulkhead bayward of 2209 Bayside Drive be referred to the Tidelands Affairs Committee for review and report back to the City Council. Council Member Watt stated she was in concurrence with the recommendation; however, she did want the television audience interested in this item to be aware of said recommendation and action, and therefore, moved to refer this item to the Tidelands Affairs Committee for review and report back,to the City Council. 2. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON SEPTEMBER 21, 1989, and a copy of the PLANNING COMMISSION AGENDA REGULAR MEETING OF OCTOBER 5, 1989. Motion was made to schedule public hearing on October 30, 1989 for Site Plan Review 52; Use Permit No. 3361; Traffic Study No. 59; Tentative Tract Map No. 14025; Coastal Residential Development Permit No. 18; and proposed Ordinance amending Section 20.63.035 of the Newport Beach Municipal Code so as to allow Mixed Use Retail/Commercial and Retail land uses as permitted uses in the Recreational and Marine Commercial District of the Cannery Village/McFadden Square Specific Plan [Planning Commission Amendment No. 689); and to receive and file the remaining actions. Council Member Cox spoke against the motion stating he felt the presentation given by the Planning Director at the study session this afternoon on the proposed project was sufficient review. The motion was voted on and carried. Volume 43 - Page 410 MINUTES INDEX Harbor Harbor Permit Appli# 105,- 2209 (65) Planning (68) Planning Commission Meeting October 5. 1989 Agenda Item No. 9 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. Traffic Study No 55 Revised (Public Hearing) Request to approve a Traffic Study so as to permit the establishment of a restaurant with on -sale beverages, live entertainment and dancing, outdoor dining and valet parking. AND B. Use Permit No 3360 (Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, outdoor dining and valet parking. The restaurant operation will include nighttime only French/Continental Dining on the first floor and a day and night Seafood Bar and Cocktail Lounge on the second floor of the Lancers Landing Building located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The request to establish the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR which also requires the approval of a Use Permit. LOCATION: Parcel 1 of Parcel Map 184-38 (Resubdivision No. 688) located at 3101 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANTS: Michael F. Harrah and Gaylord Wagner, Costa Mesa OWNER: Same as applicant Application This is a request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, outdoor dining and valet parking. The restaurant operation will include the Ambrosia Restaurant which provides nighttime only French/Continental Dining on the first floor and a day and night Seafood Bar and TO: Planning Commission -2. Cocktail Lounge (Ambrosia Cove) on the second floor of the Lancers Landing Building located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The request to establish the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR which also requires the approval of a Use Permit. The Proposal also includes the approval of a Revised Traffic Study. In accordance with Section 20.62.040B of the Newport Beach Municipal Code, the establishment of restaurants within the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area is subject to the approval of a use permit in each case. Section 20.07.044 of the Newport Beach Municipal Code also provides that the conversion of a portion of an existing building, constructed prior to October 25, 1988, from a Base FAR use to a Reduced FAR shall be subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. It should also be noted that since the filing of the original application, the applicant has deleted the request to include an outdoor patio dining area in conjunction with the Ambrosia Cove Restaurant. Environmental Significance 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). Subject Property and Surrounding Land Uses The subject property is currently developed with a marine office and retail commercial center and related parking which has been under construction since April 1984 and has recently been completed. To the north, across West Coast Highway, is the Newport Imports auto dealership; to the east is an office building with The Chart House Restaurant on the ground floor; to the south is Newport Bay; and to the west is the Tower residential condominium development. Conformance with the General Plan and Local Coastal Program, Land Use Plan The project is located within the Mariner's Mile portion of Statistical Area H4 which permits a variable Floor Area Ratio (FAR) of 0.5/0.75. Inasmuch as the subject property is currently developed with a structure which exceeds 0.75 FAR and which was constructed prior to October 25, 1988, the provisions of Section 20.07.044 of the Municipal Code shall apply. A full discussion of the project's compliance with said provisions will be provided later in the staff report. The Land Use Element of Plan designate the site for restaurant is a permitted u the General Plan and the Local Coastal Program Land Use "Recreational and Marine Commercial" uses. The subject ;e within this designation. Inasmuch as the subject property TO: Planning Commission -3. is located in the Coastal Zone, approval of this application by the Coastal Commission shall be required prior to the issuance of building permits. Background At its meeting of May 6, 1982, the Planning Commission approved Use Permit No. 2066 and a related traffic study which permitted the construction of a 44,331 ± sq.ft. (0.81 FAR), four level marine office and retail commercial center on the subject property. Said approval also permitted the structure to exceed the basic height limit in the 26/35 Height Limitation District and permitted the project to exceed 0.5 times the buildable area of the site. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a- portion of the required off-street parking spaces. The actions of the Planning Commission were taken with the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated May 6, 1982. At its meeting of December 8, 1988, the Planning Commission approved Use Permit No. 3334 which , involved a request to establish a take-out restaurant specializing in the sale of yogurt, coffee, soft drinks, cookies and related food items, in a portion of the second floor of the existing building. Said approval also included a waiver of all but three of the required off-street parking spaces. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated December 8, 1988. Analysis The applicant is requesting to convert the first level retail commercial area (8,500± sq.ft. gross) of the structure into a nighttime only restaurant providing French/Continental Dining and on -sale alcoholic beverages (Ambrosia Restaurant). The proposal also includes a request to convert portions of the second level marine offices into a day and night Seafood Bar and Cocktail Lounge (Ambrosia Cove). The Ambrosia Restaurant will be open from 6:00 p.m. to 1:00 a.m. nightly whereas the Ambrosia Cove will be open from 11:30 a.m. to 2:00 p.m. daily for lunch and from 6:00 p.m. to 1:00 a.m. nightly. The Ambrosia Cove will also be open on Sunday from 10:00 a.m. to 3:30 p.m. for Sunday brunch. As indicated in the attached letter from the applicant, The Ambrosia Restaurant will also include a single piano which will provide soft dinner music. The Ambrosia Cove will offer light trio, duo or single entertainment along with a small 9 foot by 12 foot dance floor. Said live entertainment and dancing will operate from 8:00 p.m. to 1:00 a.m. nightly. According to the applicant, the maximum number of employees for the combined restaurant operations will be 18 to 20 employees during peak hours of operation. Based on submitted plans, the Ambrosia Restaurant will have 4,270± sq.ft. of "net public area and Ambrosia Cove will have 1,395 ± sq.ft. of "net public area." TO: Planning Commission -4. Compliance With the Floor Area Ratio Ordinance In accordance with the recently adopted Floor Area Ratio Ordinance, the base development allocation for the subject property is .75 FAR. However, as indicated previously, the existing development on the site maintains an FAR of .81, therefore, the existing development is nonconforming relative to the allowable base development allocation. However, as further provided in the FAR Ordinance, lawful uses in buildings constructed prior to October 25, 1988 may continue without fully complying with the requirements of the Ordinance. The FAR Ordinance further allows for the conversion of Base FAR uses (uses permitted up to .5 FAR such as retail and office uses) to a Reduced FAR use (uses permitted up to .3 FAR such as restaurants) such that the base development allocation for the property will be exceeded, subject to the approval of a use permit by the Planning Commission, or City Council on review or appeal, subject to all of the following findings: 1. It has been demonstrated that the peak hour traffic to be generated by the proposed uses will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 3. The structures on the site were constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 4. The building tenants would be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and net public area of restaurants. 5. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 6. The proposed uses are compatible with the surrounding area. As indicated in the attached traffic study, the proposed establishment of the Ambrosia Cove Restaurant and the Ambrosia Restaurant will result in a reduction in project related traffic inasmuch as the peak hour traffic generated by daytime operation of Planning Commission -5. Ambrosia Cove (containing 1�744 ± gross sq.ft.) is less than the peak hour traffic generated by the 7,271 ± sq.ft. of daytime retail floor area which will now be devoted to the Ambrosia Restaurant which is to be closed during the peak hour traffic periods. Based on the findings and conclusions contained in the attached traffic study and considering that the proposed restaurants are compatible with the other commercial development in Mariner's Mile, it is staffs opinion that all the above findings can be reasonably made in the case of the subject project. Restaurant Off -Street Parking Requirement Based on the current parking requirement of one parking space for each 40 square feet of "net public area!', 35 daytime parking spaces are required for the Ambrosia Cove Restaurant (1,395 sq.ft. _ 40 sq.ft. = 34.8 or 35 spaces). Based on the same formula, the Ambrosia Restaurant will require 107 nighttime parking spaces (4,270± sq.ft. _ 40 sq.ft. = 106.7 or 107 spaces). It should be further mentioned that pursuant to Section 20.30.035 B(4) of the Municipal Code, the Planning Commission may increase or decrease the parking requirement of a restaurant within a range of one parking space for each 30 sq.ft. of "net public area" (47 parking spaces for Ambrosia Cove and 143 parking spaces for Ambrosia) or one parking space for each 50 sq.ft. of "net public area' (28 parking spaces for Ambrosia Cove and 86 parking spaces for Ambrosia). 'Staff is of the opinion that a standard of one parking space for each 40 sq.ft. of "net public area' would be appropriate for the nighttime Ambrosia Restaurant and the daytime Ambrosia Cove operation. However, inasmuch as the nighttime Ambrosia Cove operation includes dancing and live entertainment, it is staffs opinion that one parking space for each 35 sq.ft. of "net public area" or 40 parking spaces should be required during the evening hours for Ambrosia Cove (1,395± sq.ft. _ 35 sq.ft. = 39.8 of 40 spaces). Based on the suggested parking formulas, 35 restaurant parking spaces will be required during the day and 147 restaurant parking spaces will be required during the evening (40 spaces + 107 spaces = 147 spaces). Parking Requirement for Existing Remaining Uses In addition to the proposed restaurants there will be approximately 29,616 sq.ft.(net) of retail and office uses remaining within the existing building as `well as 2,725 ± sq.ft. devoted to the Olympic Yacht Club. Based on the standard commercial parking requirement of one parking space for each 250 sq.ft. of floor area, 119 daytime parking spaces will be required for said uses. Approximately 2,725 sq.ft. of the ground floor is IThe attached copy of the applicant's letter has incorrectly indicated that the gross floor area of the Ambrosia Cove is 1,750 square feet. 2The applicant's letter also incorrectly indicates the gross floor area to be use by the Ambrosia Restaurant is 8,500 square feet. TO: Planning Commission -6. also used in conjunction with the Olympic Yacht Club which has a parking requirement of one parking space for each 250 sq.ft. Based on such a formula 11 daytime and nighttime parking spaces are required for the yacht club (yacht club remains open until 9:00 p.m.). A portion of the second floor has also been approved for a frozen yogurt shop (Use Permit No. 3334) which requires 3 daytime and nighttime parking spaces. In accordance with the original Use Permit No. 2066, which permitted the construction of Lancer's Landing, there are 18 boat slips bayward of the site of which 13 are marina slips available to the general public (the 5 remaining slips are used in conjunction with the on -site Olympic Yacht Club). Based on the required parking standard of one parking space for each .75 boat slips 10 parking spaces are required for the marina boat slips (13 boat slips x .75 = 9.75 or 10 spaces). Based on the above calculations, the total daytime parking requirement for the other uses on site is 143 parking spaces and the total nighttime parking requirement for other uses is 24 spaces. When these parking figures are combined with the required restaurant parking, the total required daytime parking will be 178 parking spaces and the total required nighttime parking is 171 parking spaces. Staff has prepared the following table which further outlines the daytime and nighttime parking requirement for the site: Proposed Uses Retail and Office Yogurt Shop Yacht Club Marina Boat Slips Ambrosia Cove Ambrosia Total Parking Provided Required Off -Street Parking Da ime Nighttime 119 3 11 10 35 0 178 180 spaces 0 3 -11 10 40 107 171 spaces As indicated in the above table, there are 180 parking spaces located on the subject property, whereas the attached plans indicates that there are 185 parking spaces. It appears that some of the parking spaces within the project have been used for the placement of mechanical equipment, therefore, there is less parking than indicated. However, this does not appear to be a problem inasmuch as there is adequate parking to meet the current parking requirement for the proposed project. It should also be noted that the applicant has made the following statement in his attached letter: "Designated employee parking will be limited to approximately 5 spaces on -site for the owner, executive chef, maitre d', generat manager, and the .CPA for the restaurant. The balance of the staff, about 10 - 16 persons, will use 'off -site parking or level 5 parking in the 3101 W. Coast Highway parking structure (on -site)". It is staffs recommendation that all restaurant employees be required to park on -site, inasmuch as suitable off -site parking has not been included in the subject application. TO: Planning Commission -7. Traffic Study In accordance with the City's Traffic Phasing Ordinance, the applicant is required to obtain the approval of a traffic study for the establishment of the proposed restaurant uses. Said traffic study has been prepared and is attached for the Planning Commission's review. It should be noted that said traffic study has been prepared for the purpose of determining compliance with the City's Traffic Phasing Ordinance as well as to determine compliance with provisions of Section 20.07..044 B of the Municipal Code. The proposed project is expected to. be completed in 1990. Analyses were therefore completed for 1991. The City Traffic Engineer identified the following five (5) intersec- tions which could be affected by the project at full occupancy: . West Coast Highway/Balboa Boulevard - Superior Avenue West Coast Highway/Riverside Avenue West Coast Highway/Tustin Avenue West Coast Highway/Dover Drive Bayshore Drive Newport Boulevard/Hospital Road The first step in evaluating intersections is to conduct a 1% Traffic Volume Analysis, taking into consideration existing traffic, regional growth and the traffic of previously committed projects. For any intersection where, on any approach leg, the project traffic is estimated to be greater than 1% of the projected morning and afternoon peak two and one-half hour volume, Intersection Capacity Utilization (ICU) is required. Results of the one percent test indicate that the project traffic did not exceed 1% of projected traffic on any approach leg of any of the intersections evaluated. Therefore no further analysis is required. With regards to the project's compliance with the provisions of Section 20.07.044 B, Table 1 on page 4 of the attached Traffic Study sets forth the projected trip generation for the project during the a.m. and p.m. peak 2-V2 hour periods. As indicated, there will be a net loss of 21 trips during the a.m. peak period and a net loss of 1 trip during the p.m. peak period. Therefore, the traffic generated by the proposed project does not exceed the traffic generated by the existing uses in the development. Proposed Valet Parkin As indicated in the applicant's letter, a valet parking service is proposed in conjunction with the nighttime restaurant activities. Said parking service will begin operation at approximately 5:00 p.m. Monday through Friday and -all day Saturday and Sunday. According to the applicant's representative, when the valet service is in operation, all visitors to the site must use the valet service. The applicant's proposed location of the valet station will be within the upper deck parking lot, just as you enter the property TO: Planning Commission -8. the applicant's representative has indicated that it will be located far enough down the aisle so as to insure that adequate stacking are .is provided on site. In the past, the Planning Commission has required that some self -park spaces be provided in conjunction with any valet parking service. However, because of the design of the on -site parking and the proposed method of operation for the valet parking service, the provision of self -park spaces is not workable inasmuch as visitors would encounter a valet attendant immediately upon entering the property. One possible solution to this problem would be to designate the entire upper deck parking located westerly of the driveway entrance (28 spaces), as self -parking and locate the valet drop- off station at the entrance to the restaurant which is located on the next parking level down. Such a solution would facilitate the valet operation as well as provide the most convenient parking spaces for short term visitors to the site. Such a solution would also make the handicapped parking spaces on the second parking level available for self parking. The applicant has indicated in his letter that the upper parking deck adjacent to West Coast Highway will be available for the parking of 9 stretched limos. Such a proposal is unacceptable to the City Traffic Engineer inasmuch as it would reduce the number of available parking spaces to below the number required. In addition, the one-way parking design in combination with the narrow access ramps to the parking structure, makes the parking of stretched limos on the site impossible. It should also be noted that the applicant has indicated in his letter that 268 vehicles could be parked in the parking structure in conjunction with the valet service. The City Traffic Engineer has indicated that the maximum number of acceptable parking spaces under any circumstances is 180. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to landscaping and walls surrounding the restaurant site, should be waived if the Planning Commission approves this application because of the existing developed nature of the site. TO: Planning Commission -9. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve these applications, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to deny these applications the findings set forth in the attached Exhibit 'B" are suggested. Williarh Ward PlannerSenior Attachments: Exhibit "A" Exhibit 'B" Vicinity Map Excerpt of the Planning Commission minutes dated May 6, 1982 and December 8, 1988 Letter from the Applicant with attachments Traffic Study Plot Plan, and Floor Plans Informational Brochure TO: Planning Commission -10. EXHIBIT ' ' FINDINGS AND CONDITIONS OF APPROVAL FOR TRAFFIC STUDY NO 55 (REVISED), AND USE PERMIT NO. 3360 A. Traffic Study No. 55 (Revised): Approve the Traffic Study, making the findings listed below: Findin s: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primarymodified', or 'primary' street. B. Use Permit No. 3360: Approve the use permit, making the following findings and with the following conditions: Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. The waiver of development standards as they pertain to walls and landscaping will not be detrimental to the adjoining properties. 5. That the property is physically suitable for the operation of a valet parking service. 6. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large TO: Planning Commission -11. for access through or use of property within the proposed development. 7. It has been demonstrated that the peak hour traffic to be generated by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 8. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 9. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 10. The restaurants and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off - site parking, and net public area of restaurants. 11. The proposed restaurant uses and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 12. The proposed uses are compatible with the surrounding area. 13. That the Police Department has indicated that they have no objections to the proposed restaurant operation. 14. The approval of Use Permit No. 3360 under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental .or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject project shall be in substantial conformance with the approved plot plan and floor plans. TO: Planning Commission -12. 2. That all mechanic4l equipment and trash areas shall be screened from view: 3. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 4. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 5. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 6. That all restaurant employees shall park their vehicles on -site. 7. That a minimum of 35 daytime parking spaces and 147 nighttime parking spaces shall be provided for the restaurant uses on the site. 8. That the on -site vehicular, pedestrian circulation system shall be subject to further review by the Public Works Department and the City Traffic Engineer. The applicant shall submit a valet operation plan which is to be reviewed and approved by the City Traffic Engineer prior to the opening of the restaurant. 9. That the valet drop-off point shall be located at the entrance of the Ambrosia Restaurant so as to allow the upper parking deck located westerly of the driveway entrance and the handicapped parking spaces on the second parking level to be used for self -parking. The valet parking service shall be limited to the hour of 5:00 p.m. to 2:00 a.m. Monday through Friday and 10:00 a.m. to 2:00 a.m. on Saturday and Sunday. 10. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped' self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 11. That the hours of operation of the Ambrosia Cove Restaurant TO: Planning Commission -13. 11. That the hours of operation of the Ambrosia Cove Restaurant shall be limited to 10:00 a.m. to 2:00 a.m. daily. The hours of operation of the Ambrosia Restaurant shall be limited to 6:00 p.m. to 2:00 a.m. daily. 12. That a trash compactor shall be installed in the restaurant facilities. 13. That live entertainment shall be limited to a light trio, duo or single instrumentalist or vocalists within Ambrosia Cove and a single piano player in the Ambrosia Restaurant. Live entertainment and dancing in Ambrosia Cove shall be limited to the hours of 8:00 p.m. to 1:00 a.m. Said live entertainment shall be located within the building and ' all windows and doors within the restaurant shall remain. closed during performances. 14. That the service of alcoholic beverages shall be incidental to the primary food service operation, 15. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code unless a sign exception is approved. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That no building permits be issued for the subject development until the City Fire Service Connection for Lancers Landing is installed to City Standards as approved by the utilities Department, and that an appropriate easement for the fire service is conveyed to the City. 18. That the development standards pertaining to walls and landscaping are hereby waived. 19. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 20. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. TO: Planning Commission -14. r 21. That no outdoor dining shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 22. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building permits or opening of the restaurant. 23. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrime4tal to the health, safety, peace, morals, comfort, or general welfare of the community. 24. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission -15. EXHIBIT 'B" FINDINGS FOR DENIAL OF TRAFFIC STUDY NO. 55 (REVISED) AND USE PERMIT NO. 3360 1. That the proposed restaurants represent an intensification of use on the property which is unacceptable inasmuch as the subject building and related parking design was not originally constructed for the purpose of housing a restaurant with a valet parking service. 2. That the mixed use nature of the existing development in which the restaurant is to located is not conducive to the operation of a valet parking service on the site. 3. That the lack of adequate self -park parking spaces will increase the potential of restaurant patrons and other visitors to the site to park off -site. 4. That the proposed water front location of the restaurant with live entertainment greatly increases the potential problems from late night noise experienced by nearby residential uses. 5. The approval of Use Permit No. 3360 will, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. '� STQEET EE MAP NO. S OF FEET .00 coo eoo i c.� FR F \Fqe � ti \ti \ .ve� xr .. 1 -77 �� B'QiocE DISTRICTING MAP NFWPnRT BEACH CALIFORNIA R—A AGRICULTURAL RESIDENTIAL R� MULTIPLE RESIDENTIAL R-1 SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL R-2 DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL R-3 RESTID.MULTIPLE FAMILY RESIDENTIAL M-1 MANUFACTURING COMBINING DISTRICTS UNCLASSIFIED 'ONT YARD SET BACK SHOWN'THUS'-0- LIMITED COMMERCIAL vt W$flr Ne. 33�p0 ORO. NO. 635 DEC. 26. 1950 N /b /COMMISSON06 �:� May 6, 1982 MINUTES y m City of Newport Beach ROLL CALL INDEX 0 Request to consider a Traffic Study in conjunction with Item #1 the development of a 41,494 sq. ft. t marine office and retail commercial center. TRAFFIC 0 Request to permit the construction of a marine office and retail commercial center in the Recreational Marine AND Commercial Area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable Item #2 area of the, site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car. spaces for a .portion of the required off-street parking spaces, and the acceptance of an USE PERMIT environmental document. NO. 2066 LOCATION: A portion of Lot G, and Lot M, Tract No. 919, located at 3101 west Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and BOTH Riverside Avenue, in the Mariner's Mile APPROVED Specific Plan Area. CONDI- TIONALLY ZONE: SP-5 APPLICANTS: Richard V. Valdes and M. V. Threinen, i Irvine OWNERS: Same as applicants Agenda Items No. l and 2 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Bill Gearhardt, representing the applicants, appeared before the Commission and requested approval of these applications. In response to questions posed by Commissioner Allen, Mr. Gearhardt explained that the building envelope has substantially remained the same size as was originally proposed. COMMISSIONERS May 6, 1982 MINUTES r Cr � A m D s��MCD S° ao x w M OLL CALL lotion kyes kbstain City of t Beach INDEX However, Mr. Gearhardt stated that the project has been revised to meet the concerns of the Coastal Commission. He stated that the Coastal Commission would not approve this project if it were to be moved back 20 feet because the view corridor would be affected. Further, he stated that the proposed project will not obstruct any views from the Towers building which is located 75 feet in front on the proposed project. In response to a question posed by Commissioner King, Mr. Donald Webb, City Engineer, stated that the proposed project will not produce more than one percent of the traffic at the intersection of Test Coast Highway and Balboa Boulevard/Superior Avenue. Commissioner Kurlander asked if the public access to the bay is at surface level. Mr. Gearhardt stated that they would prefer the public access at surface level, but they are willing to construct the bridge, cif required. Commissioner Beek stated that he had voted against this project originally, because .81 times the buildable area is too great a density for the" Mariner's Mile area. However, he stated that since this particular project is an improvement over the prior proposal, he will be supporting the project. Motion was made for approval of the Traffic Study, subject to the following findings and condition, which MOTION CARRIED: i TRAFFIC STUDY FINDINGS: 1. That a Traffic Study. has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified', or 'primary' street. COMMISSIONERS �. May 6, 1982 MINUTES C ie W City Of Newport Beach INDEX Ix ix Ix CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard" Restaurant/Office Complex dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. Motion was made for approval of Use Permit No. 2066, subject to the following findings and conditions, which MOTION CARRIED: USE PERMIT 2066 FINDINGS: 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The increased building height will "result in increased public visual open space and views of the bay than would result from compliance with the basic height limit, inasmuch as the building will have a 95' setback from the easterly property line. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. commSSIONERS ( , May 6, 1982 MINUTES m� m Cr 40 m City of N ort Beach ROLLGAUI 111 111 1 INDEX 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing development or public spaces. 7. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 20.62.030. 8. The proposed number of compact car spaces constitutes 23± percent of the parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 9. The proposed use of compact car spaces will not, under the circumstances of this particular case., be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 10. The approval of Use Permit No. 2066 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 11. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 12. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures and that those mitigation measures reduce potentially significant impacts to a level of insignificance. p2 0 commiSSONERS A � m � t. a ago 7C e a > Mono 0000001 ( May 6, 1982 MINUTES itv of Newport Beach 13. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will remain vacant if not so occupied. 1. That development shall be in substantial conformance with the approved plot plan and floor plan, and elevations, except as noted below. 2. The height of the proposed structure shall be lowered to conform with the established average height limit of 3'5' as measured from natural grade. 3. That all conditions of Resubdivision No. 688 shall be fulfilled. 4. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the on -site vehicular and pedestrian. circulation systems be subject to further review by the Public Works Department. 7. Parallel parking spaces.adjacent to walls shall be a minimum of 10 feet wide. 8. That a 10 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. aq COM/WSSIONERS May �! c, 1982 MINUTES MA m W m � m m m City of Newport Beach >>,� ROLL CALL a��INDEX 9. That a 10 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 10. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be -made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfactipn of the Building Department and the Marine Department. 11. There shall be a minimum of 7'-0" vertical clearance in all parking and ramp areas. 12. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with any required erosion control plan. 13. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 14. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded. against the property. Disclosure Statement The Lessee, his heirs, successors and assigns, herein, acknowledge that: (a) The John Wayne Airport may not be able to provide adequateair service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phaseout of jet service may occur at the John Wayne Airport. COMMISSIONERS a � m m ., 7 1 '•� a May 6, 1982 MINUTES Ci of Newport Beach ROLL CALL INDEX (c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 15. The existing gates which control the vehicular entrance/exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 16. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 17. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 18. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 19. All on -site drainage shall be approved by the City Public Works Department. 20. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 21. The erosion and siltation control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. COMNVSSoNERS ( May 6 1982 �` MINUTES A � C cc e Q C 7 X C�m��mm • itv of Newport Beach 22. A landscape and irrigation plan for the project shall be prepared. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, the applicant shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 23. That the landscape plans for plantings adjacent to the public right-of-way be reviewed and approved by the Public Works. Department. 24. The landscape plan shall be.subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 25. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 26. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 27. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible .participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 28. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 29. The project shall be designed to comply with Title 24, Paragraph G, Division T-20, Chapter 2, Subchapter 4 of the California Administrative Code (Insulation Standards). 30. Final design of the project shall provide for the ..incorporation of water -saving devices for project lavatories and other water -using facilities. COMMISSIONERS A A r. C 61 ' Qi Cr a � ;K >> �Xr May 6, 1982 MINUTES ity of Newport Beach 31. Final design of the project shall provide for adequate security lighting in public areas of the project site. 32. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 33. That all commercial area in excess of .5 times the buildable area of the site (i.e.,16,811± sq.ft.) shall be limited to marine -oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D, of the Municipal Code. 34. That if the particular percentage of marine - oriented uses are not maintained, due to a change in occupancy from marine -oriented to some other proposed uses, that the property not used by the marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. 35. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 36. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine -oriented uses and shall provide copies of all documents requested by the Planning. Department or the City in conjunction with that change in tenancy. 37. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 a6", COMMISSONERS May 6, 1982 MINUTES �X c m 1 m Cr go. m m City of Newport Beach ROLL CALL INDEX times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 38. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. 39. The applicant must provide the Marine Department with proof of ownership of uplands adjacent to the Marina. 40. The applicant -must comply with Sections 17, 18, and 19 of the Harbor Permit Policies and specifically, 22 slips will -require 17 parking spaces. 41. The applicant must be on notice that the new bulkhead was approved based on the preexisting property use, and changes in this use may make the bulkhead as designed, inadequate. 42. That a minimum of one parking space for each 250 sq.ft. of floor area within the walls of the structure, and the required loading spaces for the retail uses, shall be provided on the property. 43. That all mechanical equipment and trash areas shall be screened from adjoining property and from West Coast Highway. 44. That chimneys shall be permitted to exceed the height limit only to the extent required by the Uniform Building Code. 45. That the weathervanes shall be permitted to exceed the height limit and shall be in substantial conformance with the plans as submitted. 46. That the flagpole shall be restricted to a height not to exceed 50 feet above grade. 01 COMMISSIONERS yyyo y 0 CITY OF NEWPORT December 8, 1988 BEACH MINUTES ROLL CALL INDEX 1. That this Use Permit shall expi nless exercised within 24 months from th to of approval as sp "fied in Section .80.090A of the Newport Beach icipal Cod . The Pla . g Commission essed at 8:32 p.m. and reconv ed at 8:40 p.m. Use Permit No 3334 (Public. Hearing) Item No.b Request to.establish a take-out restaurant specializing UP3334 in the sale of yogurt, coffee, soft drinks, cookies and related food items on property located in the Approved "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to waive the additional required off-street parking. LOCATION: Parcel 1 of Parcel Map 81-713 (Resubdivision No. 688) located at 3101 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE:- SP-S APPLICANT: LeMay's Gourmet Products, Newport Beach OWNER: Lancer Landing, Ltd., Newport Beach Commissioner Pers6n explained that he would step down from the dais even though he had no conflict of interest concerning the application inasmuch as he has been involved with the subject property during the past 12 months. James Hewicker, Planning Director, stated that the building located on the subject site has common area improvements including a trash room, containing a trash compactor, that is available to the building's tenants. He stated that Condition No. 11 requiring a trash compactor was requested prior to staff being informed that a trash room was provided for the tenants. ' CO'MMISSIONERS ° CITY OF NEWPORT December 8, 1988 BEACH MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Di Sano, Mr. Hewicker replied that he was not aware if any individual trash compactors had ever been required by the Planning Commission if a commercial trash compactor were also located on site. Discussion ensued between Commissioner Di Sano and Mr. Hewicker regarding to what extent trash needs to be compacted. Commissioner Winburn and Don Webb, City Engineer, discussed the parking layout for the entire project. Commissioner Winburn suggested that Condition No. 3 be amended to state "that all employees of the facility shall park onsite at no cost to the employees" inasmuch as there would be adequate parking. Commissioner Edwards and Mr. Hewicker discussed the traffic that would be generated by the subject yogurt facility, and Commissioner Edwards suggested that the traffic should be monitored. The public hearing was opened in connection with this item, and Mr. Willard May, applicant, appeared before the Planning Commission. Mr. May concurred with .the findings and conditions in Exhibit "A" with the exception of Condition No. 11, requesting the applicant provide a trash compactor. Mr. May stated that the subject take-out restaurant will primarily service tenants of the building. Discussion ensued between Mr. May and Commissioner Di Sano regarding Condition No. 11, and Commissioner Di Sano's concern that if the building's trash compactor would be inoperable, the applicant would be responsible' to provide a trash compactor. Commissioner Edwards suggested that Condition No. 11 be amended to state "That a trash compactor be provided in the take-out. restaurant facility, unless otherwise provided." Mr. May concurred with Commissioner Winburn's suggestion that the employees be permitted to park onsite at no cost to the employees. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. Ayes * * * * 3334 subject to the findings and conditions in Exhibit Abstain * "A", including amended Condition No. 3, stating "that` all employees of the facility shall park onsite at no �g COMMISSIONERS MINUTES December 8, 1988 `dG;cam y�, yy r 9y v� CITY OF NEWPORT BEACH ROLL CALL INDEX cost to the employees.", and the foregoing amended Condition No. 11. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and a portion of thel required parking will not. be detrimental to° adjoining properties. 4. That the Police Department has no objections to the proposed development. 5. That the approval of Use Permit No. 3334 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That three (3) off-street parking spaces shall be provided for employees 0 S. That all employees of the facility shall park onsite at no cost to the employees. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, and a portion of the required parking spaces (11 spaces) shall be waived. That no cooking or preparation of food other thar baked- goods, frozen desert items and beverages shall be permitted unless an amendment to this use permit is approved by the Planning Commission at . COMMISSIONERS MINUTES ROLL CALL December 8, 1988 CITY OF NEWPORT EACH:: INDEX later date. Said amendment could require the addition of grease interceptors and exhaust fans. 6. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 7. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 8. That all mechanical equipment and trash areas shall be screened from West Coast Highway,. Newport Bay, and adjoining properties. 9. That no seating shall be provided in the facility unless an amendment to this use permit is approved by the Planning Commission. -10. That a washout area for refuse containers be provided in such away as to allow direct drainage into the sewer system and not into the Bay or storm. drains unless otherwise approved by the Building Department and the Public Works Department. 11. That a trash compactor be provided in the take-out restaurant facility, unless otherwise provided. 12. That Coastal Commission approval shall be obtained prior to the establishment of the take-out restaurant facility. 13. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That this use permit shall expire unless exercis within 24 months from the date of approval specified in Section 20.80.090 A of the Newpo Beach Municipal Code. -19- 30 TO WHOM IT MAY CONCERN: Re: AMBROSIA / AMBROSIA COVE The name AMBROSIA, in Orange County as well as nationwide, is an institution within the City of Newport Beach, known for it's world class Russian tableside service and haute cuisine in the typical French Continental style. The new proposed location, 3101 W. Coast Hwy, Newport Beach, overlooking the beautiful Newport Hprbor Turning Basin, along with the original chef, maitre d, and many of the original waiters, will be second- to none, striving for only the highest goals and awards from New York to Los Angeles. The new addition to the already famous AMBROSIA will be the AMBROSIA COVE. The COVE will be a more relaxed atmosphere serving Oysters on the Half Shell, Fried and B-B-Q Shrimp and a variety of Fish, Teriyaki Meats and Fowl, along with a full service Sushi Bar, Cocktail Bar, and Salad Bar, on the second floor also overlooking the Harbor. _The COVE also offers a small alfresco dining area (seating approximately" 25. patrons.). -.on the Boat Display deck. At various times, the COVE will 'offer"a`'fight`" trio; -duo, . or single entertainment for the Pat ron''s listening and dancing pleasure (1ns-id`e for sound control;:9:'`.X,12' dance floor for approximately 6 couples). This.restaurant area will serve lunch during the hours of 11:30 am to 2:00 pm daily, seating approximately 40 patrons, very small and intimate but casual, offering a variety of Sandwiches, Sushi, and B-B-Q Entres. Hors dlowuvr.es and light,oinners willV served from 6:00 pm to 11:00 pm. The COVE, mainly used as a lounge for the AMBROSIA during this period of time, will also be open Sunday for Brunch from 10:.00.am to 3:3=:pm (see parking regulations in Lease, Exhibit "A".attached). The AMBROSIA will be,open Monday through Sunday from 6:00 pm to'1:00 am, serving only the dinner crowd. The parking schedule (see Lease, Exhibit "A" attached) provides 150 spaces, but will accomodate 268 vehicles (valet) including 9 stretched limos utilizing upper deck parking for all above mentioned time periods as prescribed by the attached Lease. We will be closed for lunch Saturday, but _. -if demand is there for Sunday Brunch we will have valet parking `servi'ce from 8:00 am to 2:00 am at both _AMBROSIA and AMBROSIA COVE utilizing the 150-plus spaces on site, full service. 3/ + In the past experience average dining time is party, so the ingress slow moving. of world class dining at AMBROSIA, the approximately 2 - 2 3/4 hours per and egress to the site would be very Within the complex there are other business -related office spaces in operation at this time (September 1, 1989). Among - them are the Olympic Yacht Club, approximately 3,500 sq. ft. plus boat slips; Emerald Cove Yachts, 2,000 sq. ft., boat sales and boat slip operation; and Donzi Boats, new boat sales with boat slips and a complete line of new boats on the display deck. On the second floor view corridor area there is approximately 850 sq. ft. of office spaceand the 4,500 sq. ft. display deck. All of these are fully marine - related businesses and are currently taking up about 1/3 of the total 39,000 sq. ft. building. Also on the second floor will be the soon -to -be -completed LaMay's Yogurt Shop, 1,000 sq. ft., serving yogurt exclusively. The fourth floor houses the offices of Cigni Realty and Rosemont/Melrose Co., real estate sales and general contractors, approximately 2,800 sq. ft. There are also 6 separate speculation suites on this floor, approximately 2/3 completed but not as yet tenanted. The balance of the building is still in it's core condition and not as yet leased. AMBROSIA will be located on the basement (first) floor, water side, using approximately 8,500 sq. ft., with only evening dining usage and a seating capacity of approximately 144 patrons. AMBROSIA COVE, on the second floor directly above AMBROSIA will be mainly lunches and possibly Sunday Brunchs, seating approxi- mately 40 - 50 patwns in 1,750 sq. ft. Designated employee parking will be limited to approximately 5 spates on site for the owner, executive chef, maitre d, general manager, and the CPA for the restaurant. The balance of the staff, about 10 - 16 persons, will use off -site parking or level 5 parking in the 3101_ W. Coast Highway parking structure. Start -time, and therefore arrival time, for the staff will be staggered (one personarriving about every 20 minutes) in order to avoid a "rush" at any one time. The maximum staff for AMBROSIA and AMBROSIA COVE at any one time will be approximately 18 - 20 employees. 1U_�_ Entertainment for the ,AMBROSIA will consist of a single piano providing soft dinner music. Since the music will be behind closed doors and sound -proof walls,.there will be no outside disturbance. The AMBROSIA COVE will offer low-key, intimate music from a maximum of three players for dinner,.cocktails_and bottled wine; plus,a..small (9' X 121) dance floor -all inside an enclosed, sound -suppressed area. In conclusion, I wish to express to the City of Newport Beach, it's citizens, and especially the close surrounding businesses, our sincere desire to enhance -this fine city in which we live by bringing home exceptional dining AMBROSIA has traditional e Persoq)5�d p�essWay regards, Michael F. Harrah The AMBROSIA Restaurant 3101 W. Coast Highway Newport Beach',. California 33 15. Restaurant deliveries will be restricted to between the hours of 9:00 am and 1 11:30 am and 2:00 pm and 4:00 pm daily - Landlord under separate agreement will loan Tenant, for the purpose of tenant improvements, $100,000 at 10% interest per annum, payable interest only annually on January 15, with all principal and interest due January 15, 1993. .17. Tena nt shall have the use of the area outlined in.Exhibit A-1, free of charge, for the purpose of outdoor dining. M ; C. All work by Tenant or its contractors shall be scheduled through Landlord. d. Tenant shall reimburse Landlord for any -extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup. e.:-Tenant or its.contractors will in no.event be allowed. to install plumbing, mechanical, electrical wiring or fixtures, acoustical or integrated ceilings, or partitions over 5110" in height unless approved by Landlord. f. All data processing and other special electrical equipment shall be installed only under the supervision of Landlord or its electrical contractor. g. Tenant or its contractors shall provide the bond required by Section 6.04 of the Lease.. h. All such work shall be diligently prosecuted to completion once commenced in a good and workmanlike manner and shall be a good and workmanlike quality. IN WITNESS WHEREOF, the undersigned have executed this Work Letter concurrently with the execution of said Lease. "LANDLORD" "TENANT" LANCER LANDING, LTD. AMBROSIA,_ C4.11;7-.wner R05 COVE, INC. By: Lancer Landing, Inc., General Partner .�. By By: Henry Pen o, President i�iicha I I Lot "M" and the westerly 100.00 feet of Lot "G" of Tract No. 919, in the City of Newport Beach, County of orange, State of -- California„ as per map recorded in Book 29, Pages 31 to 34, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. --- EXHIBIT B RULES AND REGULATIONS ATTACHED TO AND WHICH CONSTITUTE A PART OF OFFICE LEASE The following Rules and Regulations shall be in effect at the Project. Landlord reserves the right to adopt reasonable modifications and additions hereto. 1. The sidewalks, entrances, passages, courts, elevators, vesti- bules, stairways, corridors and halls of the Building shall not be obstructed by any tenant or used for any purpose than ingress and egress from"the respective premises. The halls, passages, entrances, elevators, stairways, balconies, of the general public, and Land - and roof are not for the use lord s1Yal1 in all cages retain the -right to control and pre- vent access thereto of all persons whose presence in the judgment of Landlord shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be con- strued to prevent such access to persons with whom Tenant normally deals only for the purpose of conducting its bulierss on the Premises.(such as clients, customers, office supp and equipment vendors, and the like) unless such persons -are engaged in illegal activities. No tenant and no employees of any tenant shall go upon the roof of.the Building without the written consent of Landlord. t" 2. No awnings or other projection shall be attached to the out side walls of the Building or to balconies without the prior written consent of Landlord. No hanging planters, television �. t.. ,sets or other objects shall be attached to or suspended from ceilings without the prior written consent of Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used:�in connection with, any window or door of the Premises without the prior written consent of Landlord. All electrical ceiling fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent and/or of a quality, type, design and bulb color approved by Landlord. No awnings, furniture, trees or plants, or other personal proper- ty shall be placed upon any balcony; without Landlord's prior written consent. ' 3. No sign, advertisement or g or affixed by any tenant . from the outside of, the prior written consent of notice shall be exhibited, painted on any part of, or so as to be seen. Premises or the Building without the Landlord. In the event of the viola - in tion of the foregoing by any tenant, Landlord may remove such sign, advertisement or notice without any liability and may charge the expense incurred in such removal to the tenant violating this rule. Interior signs on doors and directory tablet shall be inscribed, painted or affixed for each tenant by Landlord at the expense of such tenant, and shall be of a size, color and style acceptable to Landlord. 4. "The sashes, sash doors, skylights, windows and, doors that reflect or admit light and air into the halls, passageways or other public places in the Building shall not be covered or obstructed by any tenant, nor shall any bottles, parcels or other articles be placed on the windowsills or balcony rail- ings. 5. The water. and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no foreign -substance of any kind shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by the tenant who, or whose servants, employees, agents, visitors or licensees, shall have caused the same. 6. No tenant shall mark, paint, drill into, or in any way deface any part of the Premises or the Building. No boring, currying or stringing of wires or laying of linoleum or other floor coverings shall be permitted, except with the prior written consent of Landlord, and as Landlord.may direct. Any tenant permitted by Landlord to lay linoleum or other similar floor covering shall not affix the same to the floor of the Premises in any manner except by a paste, or other material which may easily be removed with water, the use of cement or other similar adhesive materials being expressly prohibited. The method of affixing any such linoleum or other similar floor covering to the floor, as well as the method of affixing carpets or rugs to the Premises, shall be subject to approval by Landlord. The expense of repairing any damage resulting from a violation of this rule shall be borne by the tenant who, or whose agents, clerks, employees or visitors, the damage shall have been caused. ?. If tenant desires telephone or telegraph connections, Landlord will direct electricians as to where -and how the wires are to be introduced. 6. No bicycles, vehicles or animals of any kind -shall be brought into or kept in or about the Premises, and no cooking shall be done or permitted by any tenant in the Premises except that the preparation of coffee, tea, hot chocolate and similar �O items for tenants, their employees and visitors shall be permitted. No tenant shall cause or permit any unusual or objectionable odors to be produced In -or :permeate -from or throughout the Premises. 9. No portion of the Building shall be used for manufacturing or j. for the storage of merchandise, except such storage that may be incidental to the use of the Premises for general office purposes, without Landlord's prior written approval. No ten- ant shall, without the prior written consent of the Landlord, occupy or permit any portion of his premises to be occupied or used for the manufacture or sale of liquor, narcotics, or tobacco in any form, as a medical office, chiropractor's office, as a barber or manicure shop, or as an employment bureau or any business other -than than specifically provided for in the Lease. No tenant shall engage or pay any employees on its premises except those actually working for such tenant on its premises nor advertise for -laborers giving an address at its Premises. The Building shall.not be used for lodging or sleeping or for any immoral or illegal purposes. 10. Except with the prior written consent of the Landlord, no tenant shall sell, or permit the sale at retail, of newspa- pers, magazines, periodicals, or theatre tickets, in or from the Building, nor shall any tenant carry on, or permit or allow any employee or other person to carryon, the business of stenography, typewriting or any similar business in or from the Building for the service or accommodation of occupants of any other portion of the Building. 11. Landlord reserves the right to prohibit personal goods and services vendors (as such term is defined below) -.from access to,the Building except upon such reasonable terms and condi- tions, including but not limited to, the payment of a reason- able fee and provision for insurance coverage, as are related to the safety, care and cleanliness of the Building, the preservation of ggod order thereon, and the relief of any financial or other.`burden on Landlord occasioned by the pres- ence of such vendors or the sale by them of personal goods or services (as such term.is defined below) to a tenant or its employees. If reasonably necessary for the accomplishment of these purposes, Landlord may exclude a particular vendor en- tirely or limit the number of vendors who may be present.at any one time in the Building. The term "personal goods or services vendor" means persons who periodically enter the Building for the purpose of selling foods or services to a tenant, other than goods or services which are used by a tenant only for the purpose of conducting its business on its premises. Personal goods or services" include, but are not limited to, drinking water and other beverages, food, barber- ing services, and shoe shining services. Y/ 12. No tenant shall wake or permit to be made, any unseemly or disturbing noises or disturb or interfere with occupants of this or neighboring buildings or pxemises or.,those having business with them by the use of any musical instrument, radio,. phonograph or unusual noise, or in any other way. 13. No tenant shall throw anything out of doors, windows or sky- lights -or down the passageways. 14. No tenant, nor any of a tenant's servants, employees, agents, visitors, or licensees, shall at any time bring, keep or use on the Building any kerosene, gasoline, or inflammable, com- bustible, explosive, or corrosive fluid, or any other illumin- ating material, or use any method of heating other than that supplied by Landlord. 15. No tenant shall sweep or throw or permit to be swept or thrown from the Premises any dirt or other -'substance into any of the corridors or halls or elevators, or out of the doors, windows, stairways or balconies of the Building, and Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the premises, or permit or suffer the Premises to be occupied or used in a wanner offensive or objectionable to Landlord or other occupants of fhe Building by reason of noises, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be kept in or about the Building. Smoking or carrying light cigars, cigarettes, pipes or other lighted smoking materials, in the elevators and all other common and/or public areas,of the Building is prohibited. 16. No additional locks,or bolts of any kind shall be placed upon . any:of the doors or :windows by any tenant, nor shall any changes be made in.existing locks or the mechanisms thereof unless Landlord is first notified thereof, gives written ap- proval, and is furnished -a key therefore except in the'case of interior -file rooma` for which Tenant will not furnish Land- lord a key. Each tenant must, upon termination of his tenancy, give to Landlord all keys of stores, offices, or toilets and toilet.rooms, either furnished to, or otherwise procured by such tenant, and in the event of the loss of any keys so furnished, such tenant shall pay Landlord the cost of replac- ing the same or of changing the lock or locks opened by such lost key if .Landlord shall deem it necessary to make such change. 17. All removals, or the carrying in or out of any safes, freight, furniture or bulky matter of any description must take place during the hours which Landlord may determine from time to time. The moving of safes or other fixtures or bulky matter- of any kind must be made upon previous notice to the manager of the Building and under his supervision, and the persons employed by any tenant for such work must be acceptable to Landlord. Landlord reserves the right to prescribe the weight and position of all safes, which must be placed upon supports approved by Landlord to distribute the weight. 18. No tenant shall purchase janitorial, maintenance or other services from any company or persons not approved by Landlord. Any person employed by any tenant to do janitorial work shall,, while in the Building and outside of the Premises, be subject to and under the control and direction of the office of the Building (but not as an agent or servant of Landlord, and the tenant shall be responsible for all acts of such person). Except with Landlord's prior written approval, no tenant shall permit janitorial services to be performed during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. 19. Landlord shall have the right to prohibit any advertising by any tenant which, in Landlord's opinion, tends to.impair the reputation of the Building or its desirability as an office building and upon written notice from Landlord any tenant shall refrain from and discontinue such advertising. 20. On Saturdays from 1:00 p.m. to 8:00 a.m., Sundays, those legal holidays designated by Landlord, and on other days between the hours of 7:00 p.m. and 7:00 a.m., access to the Building or to the halls, corridors, elevators, or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the building watchman, if any, in charge and has a pass or is properly identified. Landlord shall in no case be liable for damages for the admission to or exclu- sion from the Building of any person whom Landlord has the right to exclude. Each tenant shall be responsible for all persons for whom he requests after hours access and shall be liable to Landlord_,,,;or all acts of such persons. In case of invasion, mob, riot;: public excitement, or other commotion, Landlord reserves the right but shall not be obligated to prevent access to the Building during the continuance of the same by closing doors or otherwise, for the safety of the tenants and protection of property in the Building. 21. All doors opening into public corridors shall be kept closed, except when in use for ingress and egress. Tenants shall see that the windows, transoms and doors of their premises are closed and securely lock before leaving the Building. 22. 23. The requirements of tenants will be attended to only upon application to the manager of the Building. Canvassing, soliciting and peddling in the Building are pro- hibited and each tenant shall cooperate to prevent the same. 24. There shall not be used in any space, or in the public halls of the Building, either by Y tenant or others, any hand trucks except those equipped with rubber tires and side guards. 25. No vending or coin opera machines shall be placed by any tenant within his premise without the prior written consent o Landlord. r 4 Y X .. Xt. . 7. r w Y5� t Tenant shall have top billing on the illuminated pole sign on Coast Highway at Landlord's expense with a changeable letters section directly below it. Artwork at Tenant's expense. �. At Tenant's expense, Tenant shall be allowed, with governing ?' authorities approval and Landlord's approval of type and size, to: a. Place an awning over the stairway entry to the first level with signage on the awning and/or illuminated signage on the adjacent rock wall, facing Coast Highway. b. Place an illuminated sign on the exterior wall of Lease Area B, facing the parking lot. C. Place an illuminated sign on the Building Lobby Wall. d. Place an illuminated sign_ on the Building roof facing the bay. Sign not to extend above the roof line. Landlord shall not rent space to any other restaurants during the term of Tenant's lease. This does not exclude LeMay's Gourmet Yogurt from renting space in the building. Landlord shall make a part of all future leases of any building tenants and boat charter companies that they must first contact Ambrosia or Ambrosia Cove with regards to any food service or catering. Ambrosia or Ambrosia Cove will not unreasonably over price any food service contract. Tenant shall have full authority to do outside catering. . Tenant shall have five (5) free parking stalls for the first five (5), years thereafter they shall have two _(2) free stalls for the term of the lease. ;;Any additiorn: spaces will be market rates. Tenant shall have forty (40) parking spaces from 6:00 am to 5:00 pm and one hundred fifty (150) spaces from 5:00 pm to 2:00 am, Monday through Friday with one hundred fifty (150) spaces all day Saturday and Sunday. Tenant shall have the area from the boat ramp, east, as reserved _.. spaces. Landlord shall be responsible for the valet service, if any, from 6:00 am to 5:00 pm on weekdays and Tenant shall be responsible for the valet service from 5:00 pm to 2:00 am weekdays plus all day Saturday and Sunday. Should Landlord charge a flat fee for charter g parking during the hours Tenant's valet is operating, Landlord will split that fee with Tenant 50/50. Tenant to have a slip to accomodate a 48 foot boat at market rates for the term of the lease. Tenant shall have first right of refusal with ten (10) days to respond on either of the 100 + foot slips at market rates for the term of the lease. 15 Draft AMBROSIA RESTAURANT TPO Prepared for. City of Newport Beach Prepared by. Austin -Foust Associates 1450 N. Tustin Avenue, Suite 108 Santa Ana, California 92701 September 29, 1989 "Ir la CONTENTS Project Description Trip Generation Traffic Impacts Conclusion Appendix Paee 1 1 4 8 PROTECT DESCRIPTION The proposed Ambrosia/Ambrosia Cove Restaurant consists of a total of 9,020 square feet to be located in the existing Lancer Landing Office and Retail Center on West Coast Highway in the City of Newport Beach. Figure 1 illustrates the project site. Within the Lancer Landing complex, there are several marine -related business offices and two real estate offices currently in operation. Ambrosia restaurant located on the fast floor will be open for dinner only from 6:00 p.m. to 1:00 a.m. Ambrosia Cove lounge located on the second floor directly above Ambrosia will serve lunch from 1130 a.m.- to 2:00 p.m., and cocktails and hors d'oeuvres from 5:00 p.m. to 1:00 a.m. Figure 2 illustrates the site plan. Access to the restaurant will be via one driveway on Coast Highway. Valet parking will be provided for 268 vehicles including nine stretched limousine spaces. Coast Highway is a regional east -west arterial through the City of Newport Beach. North - south regional access to the study area is from Newport Boulevard (SR-55), which connects to several freeways to the north providing access to Orange County and beyond. South of Coast Highway, Newport Boulevard enters the Balboa area where the highway terminates at Balboa Boulevard. TRIP GENERATION AND DISTRIBUTION Appropriate trip generation rates for the proposed project were obtained from the City of Newport Beach peak hour rates for quality restaurants. Ambrosia and Ambrosia Cove will not be open in the morning, therefore no trip generation is assumed for the AM peak 2-1/2 hour period. The City of Newport Beach has derived an inbound rate of 5.0 tripsMF and an outbound rate of 3.0 tripsMF in the PM peak hour. Since Ambrosia Cove will not open until 5:00 p.m. for cocktails, and Ambrosia will not open until 6:00 p.m. for dinner, trip generation is calculated for the hour between 5:00 and 6:00 p.m. only. The project trip generation is not increased to account for the extension of the PM peak hour. It is expected that the average dining time will be approximately 2 to 2-3/4 hours per party, therefore no outbound traffic is assumed for the restaurant portion of the project during the PM peak 2-1/2 hour period. MA Z O t— Q U a� O L -J O Q' Ow 0- �y` m� 00 O� m 3 y O V �^ Z O Q V O r N11Sn1 bMIVH c� W z 3015cY CI �Ib p 0 1 S VI1N30V'ld r V IAONNON U Z (lf w I a v 1J�dsO�d 0 IA Q LL 2 F- ar V7 OL t 0 1 • 1 !'� r . t N W E-- CD , d CO ivy. U V C/ o . t o U U � The proposed project will replace 9,020 square feet of office and retail space which has been approved for this location. The City of Newport Beach general office and general commercial trip rates were used to determine the amount of traffic the proposed restaurant will replace. As Table 1 illustrates, Ambrosia and Ambrosia Cove will generate no inbound or outbound trips in the AM peak 2-1/2 hour period, which is 14 fearer inbound and seven fewer outbound trips than the approved office and retail uses. In the PM peak 2-1I2 hour period, Ambrosia and Ambrosia Cove anill generate 45 inbound trips and five outbound trips, 23 more inbound and 24 fewer outbound than the approved office and retail uses. Distribution of project generated traffic was derived from observed travel patterns in the vicinity of the project site as well as from locations and levels of development in relation to the proposed project. The general trip distribution is illustrated in Figure 3. An estimated 30 percent of project traffic is assumed to travel north along Newport Boulevard to the Newport Freeway (SR- 55) and out of the study area. Along Coast Highway, ,20 percent of project traffic is assumed to 51 travel west out of the study area, and 30 percent is expected to travel east out of the study area. The remaining 20 percent is assumed to travel out of the study area, with 10 percent of project traffic traveling south along Newport Boulevard, five percent traveling north along Riverside Avenue, and five percent traveling north along Dover Drive. TRAFFIC IMPACTS The City of Newport Beach identified five intersections for analysis to determine the impact of the proposed development. These intersections are: Gast. Highway/Balboa Boulevard -Superior Avenue _ Coast Highway/Riverside Avenue Coast Highwayf rustin Avenue , Coast Highway/Dover Drive - Bayshore Drive Newport Boulevard/Hospital Road The 1989 peak 2-1/2 hour volumes were provided for each intersection by the City Staff Since the restaurant is expected to be in operation by 1991, an ambient growth rate of one percent per year was added to all volumes along Newport Boulevard and to allvolumes along Coast Highway east of Newport Boulevard. A factor of 2-5 percent per year was added to all volumes along Coast Highway west of Newport Boulevard The peak 2-1/2 hour volumes of all approved projects, also provided by the City of Newport Beach, were added to the peak 2-1/2 hour volumes. The resulting volumes represent the projected peak 2-1R hour volumes prior to the addition of project traffic. A list of approved projects is given 111 L 4LlV 4. one percent of the projected PM peak 2-1/2 hour volumes of each approach of each intersection was compared with the PM peak 2-12 hour distributed volumes from the proposed project. A summary of this comparison is shown in Table 3. If one percent of the 1991 peak 2-112 hour volumes of each approach were larger than the peak 2-1i2 hour project volumes, no further analyses were required. If project peak 2-1/2 hour volumes were higher than one percent of the projected peak 2-1/2 hour volumes on any approach of any intersection, the intersection was analyzed using the Intersection Capacity Utilization (ICU) mentioned. uT7 Comparison of the one percent of the peak 2-12 hour volumes with the project peak 2-112 hour volumes resulted in each intersection analyzed passing the one percent analysis and requiring no further analysis. The one percent analysis sheets are included in the appendix. CONCLUSION The proposed Ambrosia/Ambrosia Cove project would generate no trips during the AM peak 2-12 hour period and 23 inbound trips during the PM peak 2-12 hour period. Five intersections were checked to determine the marginal impact of project traffic on the street system. All five intersections passed the one percent analysis; therefore, the proposed project has no marginal impact on the study intersections. S APPENDIX 4 0 a Traffic Volume Analysis Intersection: Coast Hwy E Balboa B1/Superior Av Existing Traffic Volumes Based on Average Daily Traffic Winter/Spring 89 PH Peak 1 1/2 Hour Approved Regional Projects 'rejected 1X of Projected Project Approach Existing Peak 2 112 Hour Growth Peak 2 1/2 Hour Peak 2 112 Hour Peak 2 112 Hour Peak 1 1/2 Hour Direction Volume Volume Volume Volume Volume Volume Northbound 1179 0 +0 2184 22 0 Sauthbound 2400 0 120 ,020 30 0 Eastbound 4153 156 525 .4844 48 5 Westbaund 4623 185 721 5529 55 0 =_) Project Traffic is estimated to he less than iX of Projected Peak 2 1/2 Hour Traffic 'Joluae. Project Traffic is estimated to be greater than 1% of Projected Peak 2 112 Hour Traffic Volume. Intersection Capacity Utilization O.C.U.) Analysis is required. rQflJ"cCT: AMBROSIA/AMBROSIA COVE FULL OCCUPANCY YEAR: 1991 `j 7 1% Traffic Volume Analysis Intersection: Coast Hwy g Riverside Av Existing Traffic Volumes Based on Average Daily Traffic Winter/Spring ' 89 PM Peak 2 1/2 Hour Approved Approach 'Existing Regional Projects Projected 1% of Projected Project Direction Peak 2 1/2 Hour Growth Peak 2 112 Hour Peak 2 1/2 Hour Peak 2 112 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 37 0 a �� Southbound 1164 0 40 14. 12 1 Eastbound 4642 74 729 5445 54 0 West�ound � „532 s 90 842 6564 66 8 =_} Project Traffic is estimated to be less than 1% of Projected Peak 2 112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1Z of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. iMulECT: AMBRuSIAIAMSMGSIA u':E FULL OCCUPANCY YEAR: 1991 Sr --------------------------------------------------------------------- it Traffic Volume Analysis Intersection: Coast Hwy i Tustin Av PH Existing Traffic Volumes Based on Average Daily Traffic Minter/Spring .69 Peak 2 112 Hour Regional Approved Projects Projected !X of Projected Project Approach Existing SrotPeak 2 1/2 Hour PeakVolum2 Hour PeakV2 1/2ume Hour Peak 2 1/2 Hour Direction Peak 2 1/2 Hour Volume ume Volume Northbound 0 0 11 11 0 0 Southbound 307 0 ,p 337 3 0 Eastbound 3601 56 737 •43c6 44 0 ... Westbound 5441 S7 S74 6402 64 B -_; Project Traffic is estimated to be less than a of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estieated to be greater than 1% of Projected Peak 2 112 Hour Traffic Volume. -Intersection Capacity Utilization (I.C.'U.) Analysis is required. FULL OCCUPANCY YEAR: 1991 61 --RnJECT: AMBROSIA/AMBROSIA COVE ----------------- ------------------------------------------- 11 Traffic Volume Analysis Intersection: Coast Hwy 0 Dover Or/Bayshore Or Existing Traffic Volumes Based on Average Daily Traffic Winter/Spring 89 PM Peak 2 1/2 Hour Approved Approach Existing Regional Projects Projected 11 of Projected Project Direction Peak 2 i/2 Hour Growth Peak 2 1/2 Hour Peak 2 112 Hour Peak 2 1/2 Hour Peak 2 1/2 Hour Volume Volume Volume Volume Volume Volume Northbound 278 0 0 279 3 0 Southbound 3062 0 51 3113 31 1 Eastbound 4159 67 696 .4922 49 0 Westbound 7581 121 836 8538 85 7 _=> Project Traffic is estimated to be less than, 11 of Projected Peak 2 1/2 Hour Traffic Volume. Project Traffic is estimated to be greater than 11 of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. PROJECT: AMBROSIA/AMBROSIA CAVE FULL OCCUPANCY YEAR: 1991 �� J 1% Traffic Volume Analysis Intersection: Newport 31 a Hospital Rd Existing Traffic Volumes Based on Average Daily Traffic Winter/Spring 89 ph Peak 2 112 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project 2 1/2 Hour Direction Peak 2 1/2 hour Growth Peak 2 1/2 Hour Peak 2 1/2 Hour Peak 2 112 Hour Peak Voiame Volume Volume Volume Volume Volume Northbound 3542 57 263 3912 39 ,� Southbound 4041 65 158 4264 43 7 Eastbound 1484 0 364 JS48 28 0 Westbound 1013 0 107 1120 11 0 ==> Project Traffic is estimated to :be less than 1% of Projected Peak 2 112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1% of Projected Peak 2 1/2 Hour Traffic Volume. Intersection Capacity Utilization (1.C.U.) Analysis is required. PRD3ELT: anBRDRiA/RMBRDSIa COVE FULL OCCUPANCY YEAR: 1?41 6� 11�'U11N,111 ° ,.., . t�i;�1; QL . U.L,U1�1liJ.111N,:. CJUY: 111U1 13'1')1'119 LANDO COMMIDUION 1007 .1:1T11 WrIflOW11 13ACHAMEN'1'U, CAIAVOItN1A 95014 Pile I(Of : 009-021 8D 89-3.2-0!): I11ue MOUII Marina 2703 West Coast Highway N©wport Beach, California 92663 Don1^ 111:I..rr4: Subject: Revise Existing Couuuercia1 Docks Located, at 270;., West Coast Highway, Newport Beach The staff of the State Lands Commission has received your letter dated November 8, 1989 and attached drawing relative to the proposed project located in the City of Newport Beach. The tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursualit to Chapter 74, Statutes of 1978, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as, a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Amy M. Garibay, at (916) 322-7818, if you require additional assistance. Very truly yours, LE LI H. GRIM , Deputy Chief Division of Land Management and Conservation er cc: Robert L. Wynn, City Mana g City of Newport Beach City Hall 3300 Newport Boulevard V Newport Beach, CA 92660(� �i-'� POST > CITY OF NEWPORT BEACH : \ r P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 "CIFO9- September 18, 1989 Roy King Pacific Avalon Marine 2729 West Coast Highway Newport Beach, Ca 92663 Dear Mr. King: The Marine Department has received notice from Port. Calypso that they have terminated your company's access to the pumpout station on their property. This places Pacific Avalon without a boarding site that meets the requirements specified.by the City.. This letter is to notify you that until Pacific Avalon constructs a pumpout station at their location on West Pacific Coast Highway, Charter Permits will not be issued for boarding at that location. If I can be of assistance to your company in complying with the ordinance that mandates installation of pumps please call me at 673-1761 or 644-3044. Sincerely, Wes Armand Harbor Inspector cc: Glen Everroad, License Supervisor 3300 Newport Boulevard, Newport Beach -' NAME ADDRESS OF PROPOSED FACILITY PERMIT M !� /z 9—z7o3 MAILING ADDRESS '2f1%\ Q.�U, LL77vv TELEPHONE NO. F�E,pE� CHECK NO. DATE �j I (CJV APPROVED BY: - DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO s II; OCHD ❑ �'�/''{� ' a ' �'� ACCORDANCE WITH THE CITY OF y AT THE ABOVE LOCATION IN ACC I ENGR ILJ' I 4 V NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED ..��DRAWING COUNCIL � - BY(,J�J� Y✓1 -J COMPANY - - PUBLIC WORKS 1 III """ III DATED `�1�✓ DEPT. ❑ - DATE ESCROW ❑ r SIGNATURE INSPECTI N / � y SPECIAL CONDITIONS: ����/ I CITY OF NEWPORT BEACH, CALIF. 1 I WX FORM 68-1010 - _NAME_ ADDRESS OF PROPOSED FACILITY - PERMIT # - -'-_ j MAILING ADDRESS: s ; ), t d i s } TELEPHONE NO. _ FEE CHECK NO DATE !!rr APPROVERBY: DATE- - APPLICATION IS HEREBY MADE FOR AHARBOR PERMIT TO 113t71®4YREVISE A n "�' } .-1 -,: t. L.r I...,; - - OCHD - _ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF``--- f ENGR COUNCIL NEWPORT BEACH PERMIT. POLICIES AND THE ATTACHED DRAWING BY } ..i'`... _?Y'r, ;..-•t } t `t L�� L,-•_3 - COMPANY - DATED >: �.• _--t --i PUBLIC WORKS DEPT. - f ESCROW - ❑ DATE _ INSPECTION SIGNATUREoe f�js I m E SPECIAL CONDITIONS: "-� I r CITY OF NEWPORT BEACH, CALIF. % Wx FORM 6e-1010 Ci T Z Q J J� Q NE!-YPD�PT' BEAcH . SATE ro Zvog droeh Q V n I 00 a �? �' •„ R T 0 Iwe.,d D iss ss'`'M � scANp .o A C,/i- asass I ---,C-- 0-0 a C% its coo,N/ Ld0 pu ,wwt. ? VICI MITY SKETCH wssr-lory 0 % A NEWPORr !SAY, ►i CAL oaWIq y s Jerry p[ 3 S0uno'ing5 ore a rpicssed /n fael ohd denofe dip jOh s below Afeo/7 Lower G o w Wafer. Moxr wcis� ronye o{ fide opprvxi•�so�./Y /D �aef. J�orbor /.7es Zore eaiob/r'Shwd is 7/his , secfiorp oPNew orf Sa . W X J R W. W 14 Jr//7 Jh.W3elo:ed .1PB tu v NT .T W N ti M�W tu QC k�4 1 ' 3 to o J -- —i. �►N17.' �.1afa�t02i� JL, LICAa�rS N MARINE INC. 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I i I R, 1 I I I I i LARSON SHIPYARD LEASE 9 AT LARSON'S SHIPYARD 714/646--5055 This Lease, dated as of this llth day of August 1989 , is made by and between The Bertha - Robinson Partnership, (herein called "Landlord") and Lawrence A Morgan and Marshall Steele , (herein, called "Tenant"). 2. PREMISES. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain space (herein called "Premises"), having approximately 794 square feet of floor area. The location and dimensior..0 of said Premises are delineated on Exhibit "A" attached hereto and incorporated by reference herein. Said Premises are located in the City of Newport. Beach, County of Orange, State of California. This Lease is subject to the terms, covenants and conditions herein set forth and the Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept.:and performed. 3. USE. Tenant shall use the Premises for Boat maintenance and repair, and executivet offices. J and shall not use or permit the Premises to be used for any other purpose wit prior written consent of Landlord. 4. MINIMUM RENT. 4.A., Tenant agrees to pay to Landlord as Minimum Re , witho notice or dem the monthly sum of One Thousand Five Hundred and no/100 .1500.00)- ----------------- ------------------------------------N----------------nollars, in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be paid upon the execution hereof. The rental shall commence on the 1st day of September 19:89 . The Premises are being leased in its "as is" condition. Rent for any period which is for less than one (1) month shall be prorated portion of the monthly installment herein based upon a thirty (30) day month. Said rental shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing. 4.B. THE MINIMUM RENTAL as set forth in 4(A) above shall be increased in the Consumer Price Index - U.S. City Average - All Items (Index) as published by the United States Department of Labor's Bureau of Labor Statistics, increases over the base period Index. The base period Index shall be the Index for the calendar month which is four months prior to the month in which rentals commence. The base period Index shall be compared with the Index for the same calendar month for each subsequent year (comparison month). If the Index for any comparison month is higher than the base period Index, then the minimum rental for the next year shall be increased by the identical percentage commencing with the next rental commencement month. In no even shall the Minimum Rental be less than that, set forth in 4(A) above. (By way of illustration only, if Tenant commenced paying rent in August 1979 then the base period Index is that for April 1979 (assume 130) and that Index shall be compared for the Index for April 1980 (assume 136), and because the Index for April 1980 is,4.6% higher, the Minimum Rental commencing August 1980 shall be 4.6% higher: likewise the Index for April 1981 shall be compared with the Index for 1979. Should the Bureau discontinue the publication of the above Index, or publish same less frequently, or alter same in some other manner, then Landlord shall adopt a substitute procedure which reasonable reflects and monitors consumer prices. 5. TERM. The lease term shall be Three • (3) full calendar years/1hbAkt /xb/1hbz4W The parties hereto acknowledge that certain obligations under various articles hereof may commence prior to the lease term, i.e. construction, hold harmless, liability insurance, etc.,; and the parties agree to be bound by these articles prior to commencement of the lease term. 1 WPDD1/LSM--LSE from time to time, S. Tenant's Statement. Tenant shall enatnoticelmfromand Landlords execute, upon not less than three days prior writt acknowledge and deliver to Landlord a statement in writing (1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying acknowledgingthat tthathis Letherease sare so modified to is in full force and effect), and (2) art of the Landlord Tenant's knowledge, any uncured defaults on the P (3) setting hereunder, or specifying such defaults if any are claimed, and forth the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by the prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. T. Authority of Tenant. If Tenant is a corporation, each individual executing this lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation. 31. BROKERS. Tenant warrants that it no real estate broker or agent is entitled to a commission from Landlord in connection with this Lease. 32. Leased premises shall include the ways p)arkz.ngNewport and driveway locations. area and storage track area. . Track areas over purposes only and not as work areas. are to be used for temporary shuttle p p Also included in leased area shallbe e the front shop area on the building alongstWeSteCoast and the office area of the second level of Highway, as delineated on attached Exhibit "A". 31. It is understood by Tenant that no spray painting is allowed on premises, and, if any electric sanding is performed on premises, such sanding must be done only under conditions that protect ahtararornbyarea otherfrom meanssacceptabledebris, to either by sealing the work area off withP Landlord. 34. All maintenance and repairs of property and equipment that are part of operation of the shipyard shall be the sole responsibility of. Tenant. 35. It is understood and agreed that this Lease is being made to accommodate a sale of the Shipyard business to the Tenants from Larson Shipyard, ("Seller"), per escrow #8148-LR at Burrow Escrow Company in Orange, California. This lease shall be valid only if (a) this sale and escrow consummates successfully and (b) a copy of this Lease, fully executed by all parties is received by Landlord, by Certified Mail immediately upon close of escrows. 36. Upon successful close of escrow and delivery of Lease to Landlord (per #35 above), that Lease dated November 26, 1986, between Landlord and Elmer J. Larson as Tenant shall be deemed cancelled, and neither Elmer J. Larson nor his subsequent assignee, Larson Shipyard, Inc., as of date of close of escrow, shall have any liability under the terms of either lease, other than that Larsoincurred prior to close of escrow. Neitherlinr J. Larson nor er the new Leasers exceptras Inc., shall have any rights or responsibilities hereinafter stated. 37. This Agreement is conditioned u own the payoff of that Note to Elmer J. Larson, dated February"' 2' in the amount of Fifty Thousand 198$50� Dollars, as amended by the modification of Note dated August 1st, other terms and conditions of the original note, except as amended by the 8/1/89 amendment, shall remain the same. (It is still collateralized by item machinery, equipment, etc.) .Any default under considered #a3defaultnofotherterms of the Note or its 8/1/89 Amendment, shall of the Lease. The August 1st, 1989 Amendment to the Note is and conditions hereby further amended to include the words "at Elmer J. Carson's option," regarding the reversion of thbe business back to Larson. r X0 lip, 11 &A 1 S�OQ�a 38. It is understood that the front track area between winch and shunt is parking area and ndlord agrees to allow not leased shipyard area. However, La that area to be used for shipyard work provided that, while that area or part of that area is being used, no vehicles belonging to any shipyard owners or employees, and no vehicles belonging to anyone working on boats in the Shipyard r' area, can be parked in the Shipyard parking lot. further, when that arealor any part of it is not being used, a maximum of three (3) vehicles belonging -',to shipyard owners, employees, or clients in total, may be parked in the Shipyard area at any one time. 39. Landlord, hereby grants to Larson Shipyard, Inc., (Assignee), two (2) Options to extend the term of the Lease for consecutive (5) year periods on the same terms and conditions as provided in the Lease and in accordance with the provisions of the Lease, provided Assignee is not in default at the time it • exercises each Option. Assignee shall have the right to exercise each Option to extend the term by giving Landlord written notice of its exercise of the Option at least three (3) months but not more than one (1) year prior to the expiration of the initial term or first extended term of the Lease. 40. Tenant hereby guarantees that, on or before February 1, 1990, Tenant shall construct and pay for- a new steel track going the full distance e way. �ra—M-PT-U-ffderwater, and shall re -construct and pay for the docks, in uding the water and electrical connections, as outlined on attached Exhi ,'t "C", and shall be fully responsible for processing and payment of whaever fees and documentation are required to do this work. Failure to ccomplish this,_ construction and payment within the time limits specified all be deemed a default under terms and provisions of this lease. so TA Al- AP lihVit 41. While this lease or any extension thereof is in effect and not in default, but after construction of the dock per item #40 above, Tenant shall have the right to lease the eighty (80) lineal feet of the boat slip space which is indicated as slip "A" on attac e x ibit _' , although Assignee shall pay rental on ninety (90) lineal feet of space, and shall have the right to extend its boats beyond the end of the dock to the legal limit. Rental shall be on the basis of one -fifteenth (1/15) less per lineal foot per -month than that charged by the marina in the approximate location of 3333 West Coast Highway in Newport Beach, presently called Newport Arches Marina. It is under- stood that the Newport Arches Marina currently charges $15.00 per lineal foot per month for similar slip space, and therefore the beginning rent for slip "A" shall be $14.00 per lineal foot (1260.00 per month). The Newport Arches Marina may change names without affecting this lease, but in the, event said Newport Arches ceases to be a public marina, another public marina shall be used which is located along Coast Highway in Newport Beach and which docks are in similar condition to those, for the purposes of this rental determination. Slip Rental shall be adjusted quarterly on this basis, beginning three (3) months from commencement of first slip rental. in the event that Tenant does not exercise its right to lease slip space on the above rental basis at the beginning of Tenant's rental of its office space, or in the event that Tenant cancels its slip rental space during Tenant's term of office lease, Tenant must give a six (6) months written notice to Lessor if Tenant then wishes to lease the ninety (90) feet of slip area. This lease shall be considered null and void if not delivered, fully executed, to Landlord by Certified Mail from escrow on or before September 1, 1989. 12 CITY OF I' EWPORT BEACH P.O. BOX 1.768, NEWPORT BEACH, CA 92658-8915 August 9, 1989 Ted Robinson Robinson Development Co. 363 San Miguel Dr., Ste E Newport Beach, cA 92660 Dear Mr. Robinson: The Newport Beach Marine Department issued a permit to construct a marine sanitation pumpout station at your location on West Pacific Coast Highway. This station would serve as the pumpout location for several comapnies engaged in charters, as well as a sailing club. The Marine Department was assured that the facility would be accessible, as required by the City ordinance that requires these stations. In fact, this pumpout station has not been accessible for use by vessels because of the mooring of a large boat, the B.P. John II in the immediate vicinity. This letter is to notify you that no further charter permits will be issued for vessel boarding at your location util the above mentioned vessel is relocated. Please note that there should not be a vessel moored on that slip for any length of time that hinders the -use of the slip for the purpose of pumpout out vessel holding tanks. Please call me if I can answer questions regarding this matter. Sincerely) X/ Wes Armand harbor Inspector cc: Avalon Pacific 3300 Newport Boulevard, Newport Beach STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor CALIOORNIA REGIONAL WATER QUALITY CONTROL BOARD ,'0« SANTA ANA REGION 7,� 809 INDIANA AVENUE, SUITE 200_. RIVERSIDE, CALIFORNIA 92506 27v $' o PHONE: (714) 782-4130 =�. May 11, 1989 Stefan Ullman, CEO Larson Shipyard and Yacht Sales, Inc. 2703 W. Coast Highway Newport Beach, CA 92663 FINDINGS OF MAY 9, 1989, INSPECTION Dear Mr. Ullman; On May 9, 1989, Jawed Shami of this office made an inspection of your facility. Ms. Jennifer Hubbard of your staff also participated in the inspection. At that time, the following problems were noted and discussed with Ms. Hubbard. 1. The hull of a large boat was being sanded directly over your way ramp which enters Newport bay. The hull waste generated during this process was being washed from the boat and this rust colored wastewater was allowed to bypass your wastewater treatment system and discharge directly to Bay. Newport Bay appeared to be directly affected by this discharge, since a rust colored plume was observed where the wastewater entered the Bay. 2. The grate drain and the 'filter sump located on the.ramp were filled with debris which.could adversely reduce the treatment efficiency of your wastewater treatment system. It was obvious that the system was not being adequately maintained. 3 The ramp was littered with several small containers, paper cups, rags, bottles., and a dead bird which could enter the bay during periods of high tides or strong winds. Hull paints contain metals and other constituents which may be highly toxic to marine organisms. Therefore, the direct discharge of such materials to the Bay violates or threatens to violate the waste discharge requirements contained in Order No. 82-208. Furthermore, the discharge of hull paints also violates discharge prohibitions established in the Water Quality Control Policy for the Enclosed Bays and Estuaries of California,which is incorporated in the Water Quality Control Plan for the 'Santa Ana River Basin (Basin Plan). Stefan Ullman -2- may 111 1989 Therefore, it is imperative that the discharge of waste in the manner described in 1. above, be terminated immediately. In addition, the waste generated at the boatyard :oust be treated and/or filtered by an. adequately maintained wastewater treatment system before discharge to the Bay. Future violations of Order No. 82-208 and the Basin Man will result in enforcement action(s), which could include'_the assessment of administrative civil liability. It is also necessary for you to clean the ramp,. grate drain, and the filter sump. The filter sump must be operated and maintained as indicated in the Water --Pollution Control Plan (WPCP) for Larson Boatyard. Please respond2to these directives in writing by May 19, 1989, stating the actions that have been taken or will be taken to - achieve compliance with,:Order No. 82-208 and the Basin Plan. Failure to respond will posult in additional enforcement action(s) by the Regional Board.' i Durin g the inspection, Yak Hubbard informed Mr. Shami that you are the new owner of the faciEity. Therefore, the Regional soart needs to revise Board Order_ : No. 82-208 to reflect the �- � v: ownership. Waste discharge requirements, (Board' Order 'lio. �.82-208) were originally establisi5ed for Elmer Larson. Please complete the enclosed forms and retur.6 them with the appropriate filing fee to this office as soon as Ubpsible but not later.than May 301 1989.. You will be notified of -the meeting location and date when the Regional Board will r:oasider revising your waste discharge requirements. However, ;until this change is adopted by the Regional Board, you are still expected to comply with Order No. 82- 208 (copy enclosed). Thank you for your cooperation in these matters. If you have any questions, please contact Jawed Shami of our Industrial Surveillance Section. If you require assistance in completing the. report of waste discharge, please contact Michael Adackapara of our Regulations Section. Sincerely, 01ndustr 7al ton, Chief - Surveillance Section. Enclosures ` '^ b .. cc: Department of Fe""an"ame�" ity of Newport Newport Beach Pollee ' Department - Greg Armstrong I hereby authorize Marshall Steele and Blue Moon Marine to act as agent for The Bertha -Robinson Partnership, owners of the subject marina, in obtaining the necessary permits and performing the work connected with the repair and relocation of the docks located at 2701-29 W. Coast Highway, Newport Beach. It must be understood, however, that the Bertha -Robinson Partnership will not be responsible for the costs involved in such repairs, and relocations. A diagram of the work to be performed, Exhibit "C" to Mr. Steele's lease, is attached for your reference. Please note that the edges of all docks are to be straight along the edges, back to front, to allow for the efficient docking of the longer boats. The Be3e`tharRobri on, Par rship Edward B . o R binso�ri General Partner EBR/ks enclosures cc: Marshall Steele 0. 3, 4. .� // /1.**v - A cm v 15 ...... c 00STRme USI,ti, � ,y\ V 4� O,eD11 /, 1VCG S 0/: 7 -1 G'/TY 5r4- G-Li�lC,y 1,9L L /pl/S/G S�/,9L�. �L= jYGG JD/N ,C Y 122�9 0IlVa. : HOSL 4OC S421AI 5/G L ,CG C.: ,Y /r?G L /-/OS�= •mil T G/�NC> l�t�.9Y S�//>L G ,LPL-- G'G�,DYL:�i�. S.yj9L L ,L-'L= Coj,iPZ- :,D 4z Z r,OVSS �C'-/rV G 616 /ad/�i�jG-h�` � • S, S; �/-iNI�,S; �,,,q,�/le7', .SILL 07'/C./7r/L S L.//VC,S' S�I,�LL GC LpC/-�TLCJ GO/�ICC/�LC,l> F/2O/�l VI Jet/ /V AISSIONERS CITY OF NEWPORT BEACH Variance No 1148 (Public Hearing) MINUTES. January 5, 1989 INDEX Item No-8 Request to permit the construction of alterations and V1148 additions to an existing nonconforming building which exceeds the basic 26 foot height limit in the 26/35 Foot Approved_ Height Limitation District. Said alterations include the construction of a 9 foot high screen atop the existing 71 foot high roof for the purpose of screening mechanical equipment. Also included is a request for an exception to the Sign Code in order to permit the installation of two roof. signs on the newly constructed screening, .and a modification to the Zoning Code so as to permit the daytime use of valet parking in addition to the' existing nighttime use •of valet parking and, the 8or use pf an increased number of tandem parking spaces a"portion of the required parking. LOCATION: 'A portion -of - Lot 170, Block 2, Irvne's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANT: Haseko, Inc., c/o Ficker and Ruffi Architects, Newport Beach OWNER: County of Orange The public hearing was opened in connection with thi; item, and Mr. Bill Ficker, Architect, appeared befor, the Planning Commission. Mr. Ficker stated that he wa. the original architect on- the project in 1968 an because the development was sold before the project wa completed, the building was never built as completel planned and to his satisfaction. He said that when th applicants contacted him to refurbish the building, i was an excellent opportunity to upgrade it to firs class condition, i.e.: in addition to renovating th exterior including landscaping, the building will 1 totally vacated and gutted with new interior tenar work. Mr. Ficker presented a schematic drawing of the exterio of the proposed project. He explained that the inters is to lighten up the building and to remove the parape wall that is six feet high and to replace it with a open railing. Mr. Ficker stated that six foot hig walls would be constructed at the ends of the buildir -35- COMMISSIONERS CITY OF NEWPORT BEACH M1 January 5, 19 ROLL CALL INDEX and then increased to nine feet high, or three ,feet above the height of the existing wall. He said that the mechanical equipment would be lowered by three feet so the equipment would be behind. the new enclosure, and the plan is to reduce substantially the mass on the ends of the building, and to increase the center by three feet. Mr. Ficker stated that the applicants considered removing the mechanical equipment from the top of the building, but instead they achieved an aesthetic balance by not obstructing the view. In reference to the findings and conditions in Exhibit "A",•Mr-..Fickex'referred to Condition No. 7 which states '"that a,•.parcel map be processed and recorded prior to issuance. of building. permits ...", and he stated that he had a concern regarding the length of time that it takes to record a parcel map. Don Webb, City Engineer, explained that- staff is concerned that the porte- cochere may cross a parcel line. He said that they could separate the building permit if it is determined that a parcel line goes through the porte-cochere, or otherwise, a parcel map may not be required. In response to a question posed by James Hewicker, Planning Director, Mr. Ficker replied that the construction time should be approximately six months. In reference to Condition No. 10 stating "that a 10 foot wide easement be granted to the City along the bay frontage...", Mr. Ficker stated that he was not certain who would be granted the easement_ Mr. Webb explained that the property is City/County dock property and staff wanted to be assured that the lessee grants the easement. Commissioner Pers6n commented that previous conditions on other projects have stated "that the lessee grants an easement to the leasehold interest." In reference to Condition No. 11 stating "that a 6 foot wide easement be granted to the City to provide unobstructed access to the bay from West Coast Highway..", Mr. Ficker stated that he informed the Newport Heights Community Association that the applicants intend to have the area aesthetically pleasing through landscaping and other outside improvements. In response to Mr. Ficker's concern regarding Condition No. 16 which states "that the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits.", Mr. Hewicker explained that the applicant must obtain a Coastal -36- MMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX Development Permit or a letter from the Coastal Commission that exempts the project from a Coastal permit. Mr. Ficker gave a slide presentation of the views from a home located on the corner of Santa Ana Avenue and Cliff Drive, and from Cliff Drive Park, Ocean View Avenue, and Ensign View Park to the subject site depicting the equipment that is on top of the building, and what the view would be after the proposed project was completed. Mr. Ficker stated that to remove the mechanical equipment from the top of the building would not be economically feasible, that the applicants are investing $l, 600 , 000 - in. the. .project not including any of the interior" improvements or the new marina and boat slips. He said that. the difference in costs and to remove the equipment would be a. difference of $368,000 and over the twenty year lease it would result in a loss of income at $2.00 square foot, or $360,000. Mr. Ficker and Commissioner Pers6n discussed the differences in the visual impact between the existing and the proposed equipment screening. Mr. Ficker concurred with Commissioner Pers6n's conclusion that the, net increase over the existing parapet walls is three feet, and the net decrease of the existing equipment is three feet. Mr. Ficker and Mr. Hewicker discussed when the mechanical equipment was installed on the building inasmuch as there was an original condition on. the project that no equipment would be permitted to exceed the top of the parapet wall. Mr_ Ficker stated that the old drawings depict an area of -about 25 square feet, with 10 foot high parapet walls in the middle of the building that were not built; however. he said that he was not involved in the project during construction. In response to Commissioner Merrill's reference to the proposed yacht club, Mr. Hewicker explained'` that the Specific Area Plan for Mariner's Mile allows a yacht club on the site automatically. He stated that a concern regarding the yacht club is that when the building was completed there was a yacht club shown o the second floor, but since then, there have been problems with the operation of the uses on the second floor and whether those uses could expand onto an open deck. He said that staff wants to be assured that there is sufficient parking on the site for all of the daytime -37- f. COMMISSIONERS �pypo�ay�`��yo� CITY OF NEWPORT BEACH ROLL CALL January 5, I INDEX and nighttime uses, and he referred to Condition No. 6 which states that prior to the establishment of the yacht club, the Planning Commission shall approve the parking requirement for said use. Mr. Ficker concurred, and he said that the intent of the yacht club is to use it as a lounge facility for the marina, and that no dry sail or boat trailers will be permitted in conjunction with said use. Commissioner Merrill stated his concern that the general public may request to use the yacht club for large social events. Mr. Sid Sofer, 900 Arbor Street, Costa; Mesa, appeared before the Planning Commission to state that there was a yacht club on the site in the early 1970's. Mr. Jim Clarkson, 237 Santa Ana Avenue, appeared before the Planning Commission in support of the refurbishment of the subject building, but in opposition to the; mechanical equipment on the roof of the building, inasmuch as the equipment is visible to the public and blocks the views. He commented that the applicant is requesting to dedicate a total of nine feet, or a full floor, to house the roof equipment. Mr. Clarkson referred to his experience as a developer to remove mechanical- equipment from a roof top to the interior of the building. Mr. Clarkson suggested that the City reconsider the removal of roof top equipment to the interior of high profile buildings. He stated that the refurbishment of the subject building has given the residents an opportunity to participate with the decision making of a building that they never approved of because of the height. Commissioner Pers6n stated that the applicant could proceed with the remodel, and leave the mechanical equipment as it presently exists, without coming before the City. Mr. Clarkson commented that inasmuch as the applicants will be installing all new equipment on the building that gives reason for the residents to provide an input on where they locate the equipment. Mrs. Gail Demmer, 2812 Cliff Drive, appeared before the Planning Commission on behalf of the Newport Heights Community Association, and she referred to the meeting that the homeowners had with Mr. Ficker who addressed their concerns. She said that the residents are concerned with the visual impact of the proposed roof screening and what that impact will have on their view. She addressed the cost analysis of the project and she questioned why the movement of the equipment could not -38 MISSIONERS CITY OF NEWPOR.T_ BEACH MINUTES January 5, 1989 RpLL CALL INDEX be included in the total cost. Mrs. Demmer referred to Use Permit No. 1302, approved .by the Planning Commission on September 7, 1967, Condition No. 2, that states that "there shall be no mechanical appurtenances projecting above the proposed parapet wall. All .... equipment on the roof shall be fully screened..", and she commented that said condition was never met, and now the residents would like to have an opportunity to have said equipment removed. In reference to Condition No. 4 of the foregoing use permit which states that "all signs on the premises shall comply with the Sign Code and there shall be no signs displayed above the roof of the first story of the building.", she questioned if an illuminated sign above a 71 foot story building is needed. Discussion ensued between Mrs. Demmer, Mr. Clarkson, Chairman Pomeroy, Commissioner Merrill, Commissioner Pers6n, and Mr. Hewicker regarding the variable heights and design of the top of the building. Mr. Ficker explained that the intent was to clean up and to make the top of the building more attractive without an absurd cost. He stated that at least 25 percent of the existing view obstruction will be removed from the 64 foot wide building. Mr. Ficker concurred with Commissioner Di Sano's statement that the applicant would be absorbing a total of $720,000 in cost that would include the removal of the equipment and the loss of revenue during the 20 year length of the lease. In response to a question posed by Commissioner Winburn regarding a comparison of the installation of the equipment in 1968 as opposed to today, Mr. Ficker explained that the equipment would be lowered to 9 feet, and he explained how the applicants worked with mechanical and electrical engineers to combine the equipment, to develop the ziggurat roof as small .as possible, and to lower the screen as much as possible,. He explained. that the subject building is cast in concrete which means that they could not cut sections in the floor to install ducts, and that they looked at the possibility of putting package units around on the roof in different ziggurats to lower the equipment but it would not be practical and the cost would be prohibitive. In response to a question posed by Commissioner Di"Sano, Mr. Ficker replied that the life of the building structure could be 150 to 200 years. -39- Z, ,�y COMMISSIONERS January 5, ,y o r CITY OF NEWPORT BEACH ROLLCAL-L11 111 11 1 INDEX Motion Mr. Clarkson reappeared before the Planning Commission, and he commented that the $365,000 cost would be a small price to pay to remove the equipment. Mr. Sofer reappeared before the Planning Commission and he disagreed with Mr. Clarkson's statement. Dr. Jan VanderSloot, 2221 - 16th Street, appearedbefore the Planning Commission to state that the subject's building infringes on the view of Catalina Island because of the equipment on top of the roof. He explained that the refurbishment is an opportunity for the applicants to reverse the loss ;of that view by removing said equipment and to construct a flat roof.. Dr. VanderSloot referred to his opposition of the loss of views from the Cliff Drive parks and the elevated'I roof of the Jaguar dealership on West Coast Highway.!. Dr. VanderSloot and Mr. Hewicker discussed the roof of the parking structure at the Jaguar dealership that was constructed upon the request of the Newport Heights Community Association after the City had approved automobile parking on the top of the roof. There being no others desiring to appear and be heard, the public hearing was closed at this time. { Motion was made to approve Variance No. 1148 subject to the findings and conditions in Exhibit "A". Commissioner Pers6n referred to the residents' concerns; however, he explained that the overall impact of the project is a benefit rather than a detriment to the community and that the visual impact of what is proposed outweighs the alternative. He defined the alternative as being that the applicant .could remodel the building with the exception of leaving the existing parapet wall and the equipment, and he commented that would not be good for the City. Commissioner Di Sano stated that he would support the motion, and he referred to the testimony by the residents during the public hearing. He commented that the request is appropriate inasmuch as the applicants would not necessarily have to refurbish the top of the building. Commissioner Winburn stated that she would support t motion, and she commented that she does not ha concerns regarding private views. In reference to t view from the Cliff Drive parks, she commented that s would like to see the view of the mechanical equipme -40- ',TONERS ROLL CALL I I Ayes Absent < iG- CITY OF NEWPORT BEACH I* I MINUTES January 5, 1989 INDEX cleaned up, and it was for that reason she supported thel subject variance. Chairman Pomeroy referred to the variable heights between the outside of the building and what is covering the equipment, and he determined that the overall height and the bulk of the building are being reduced. Chairman Pomeroy concluded .that there are fewer increases and more decreases that would provide more open views. In rebuttal to Mr. VanderSloot's previous statements, Commissioner Winburn stated.'that the Planning Commission has .attempted,-to.protect views from Ensign View Park. -'_In r0spbnse' to Commissioner Di Sano's suggestion.; Commissioner Pers6n agreed -to amend the motion by adding Condition No. 18 which would state "that boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved." Commissioner Pers6n emphasized that if the applicants intend to employ valets that he strongly opposes valets crossing. West Coast Highway, and if they did so, he said that it would be necessary for the Planning Commission to take appropriate action. Mr. Ficker reappeared before the Planning Commission to support Commissioner Pers6n's statements opposing valets crossing West Coast Highway. Mr. Ficker emphasized that the applicants will continue to make every effort to attempt to reduce the bulk of the building, and that the applicants are making a firm commitment to refurbish the building into a first class structure. Motion was voted on to approve Variance No. 1148 subject to the findings and conditions in Exhibit "A", including added Condition No. 18 as stated. MOTION CARRIED. FINDINGS: j 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings and/or uses in the same district inasmuch as the proposed mechanical equipment screening is to be located on a building which was previously allowed to exceed the prescribed height limit. - 2. That the granting of the application is necessary for the preservation and enjoyment of substantial -41- COMMISSIONERS ROLL CALL January CITY OF NEWPORT BEACH property rights of the applicant, inasmuch as the proposed screening is necessary to improve the aesthetic quality of the structure and that there is an existing 8 story building located easterly of the site which maintains a greater building height than which is proposed in this application. 3. That the granting of such application will not, under the circumstances of the particular case, be. materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject' property ..and will foot under the circumstances' of the pa'rti:ciilar..case be materially detrimental to' the, public -'welfare or. injurious to .property improvements" in the neighborhood inasmuch as the proposed alterations to the building and the new screening will result in an overall decrease in the visual bulk of the building. 4. The approval of a modification to the Zoning Code so as to allow the expanded use of tandem parking spaces and a valet parking service will not, under, the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that said modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the proposed identification signs are substantially similar to the existing identification signs located on the building and that the intensity of illumination of the signs will be no greater than the existing identification signs. Conditions: 1. 2. That the proposed; development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. That all improvements be constructed as required b} Ordinance and the Public Works Department. INDEX = -42- ,plyiMISSIONERS CITY -OF NEWPORT ( w 14 BEACH MINUTES. January 5, 1989 ROLL CALL INDEX 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to include the design and operation of the valet parking service. Said parking design shall be consistent with the newly adopted universal parking design standards. 4. That the. valet parking spaces shall be used in conjunction with the restaurant and yacht club facilities only and that the applicant shall provide an •adequate nuinber of parking 'spaces for self -parking iri conj unction with the-rei;.taurant and z yAdht club' -fAcili ties'. 5. That the proposed identification signs shall be in substantial conformance with the conditions of Use Permit No. 1302 (Amended); except that 2 foot 6 inch letters may be permitted provided the area of each sign does not exceed 80 square feet; and that the proposed signs shall be internally illuminated and will have no greater intensity of illumination than the existing identification signs. 6. That prior to the establishment of the yacht club on the subject property, the Planning Commission shall approve the parking requirement for said use based on a demonstrated formula submitted by the applicant. 7. That a parcel map be processed and recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning DepAttments. If any new construction crosses existing parcel lines, the applicant shall provide a map showing parcels of record and the proposed construction so that a determination of need for a parcel map can be made. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 8. That a standard agreement, and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain building permit prior to completion of the public improvements. 9. That the landscaping at the intersection of the, private drive and West Coast Highway be cut back to provide sight distance for a speed of 45 miles per -43- 110 a a COMMISSIONERS CIT Jai Y OF NEWP'ORT BEACH ROLL CALL INDEX hour. Landscaping and walls within the sight line shall not exceed twenty-four inches in height and the wall shall not exceed 30 inches. 10. That a 10 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. The existing stairs shall be allowed to encroach into the easement until such time as the easement is extended easterly. At that time, the stairs will have to be relocated by the owner or an additional easement bayward of the proposed easement dedicated to the City an3 a 10 foot -wide - partially•cantilevered walkway constructed.•- 11. :,That a 6 foot wide easement be granted to the City to provide unobstructed access to -the bay from West Coast Highway. The location of the easement shall be approved by the Public Works Department. Said easement shall be improved with a concrete sidewalk or other materials meeting the approval of the Public Works Department. 12.' That the valet parking operation be monitored to -' prevent traffic from backing out into West Coast Highway and that provisions be made to divert traffic past the driveway if traffic backs out into West Coast Highway. 13. That the existing drive entrance be widened to conform with City Standard 166-L and that the existing catch basin be relocated westerly to allow for the widening. This work will require a Caltrans Encroachment Permit. 14. That the washout area for refuse containers next to the Villa Nova Restaurant be modified in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. The existing side drive and sidewalk drive approach shall be modified to provide an under sidewalk drain for surface runoff. The portion of work within West Coast Highway right-of-way will require a Caltrans Permit. �1 15./ That the required number of handicapped parking 1 spaces shall be designated within the on -site parking area and shall be used solely for -44- COMMISSIONERS l6 MINUTES ROLL. CALL CITY OF NEWPORT BEACH January 5, 1989 INDEX handicapped self parking and shall be identified with one handicapped sign on a post. 16. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 17. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. .18.: That. boat charters. shall. not: be allowed bayward of the:. property: �triless -an a_ mendment- to this .. use permit is app'roved'. Item No.9 lest to consider amending Districting Maps No. 51 and A673 so as to reclassify a portion of "Buck Gully" from (Resolution -t-1-B District to the O-S (P) District. No. 1185) INITIAkD BY: The City of Newport Beach I Approved Approved James Hew ker, Planning Director, stated that the proposal is sed in part by the approval of the Fifth Avenue residen al project, and also the' implementation of the recently in General Plan. The public hearing as opened in connection with this item, and Mr. Abe Et gen. 4-,member of the Board of Directors of Harbor Vi Hills Homeowners Associatior (South) appeared before a Planning Commission. Mr. Etingen read a letter fr said Association to the Planning Commission dated Jan ry 5, 1989, in support of the Upper Buck Gully zone chang Mr. Ron Kennedy, 550� Hazel Drive, appeared before thel Planning Commission to state his support of the proposal; however, he questioned if t area would be determined as public use for jogging a d open space. Following a discussion between Mr. Kenne and Jairies Heviicker, Planning Director,. regarding if a City is going to obtain the property in fee or if there would be an easement over the property, and the negotia ion of uses between the City and The Irvine Co any, Commissioner Pers6n referred to the subject Resolut n, page 3, and he pointed out that the adopted Resoluti -45- � 3 M D. In addition to other remedies available in the Lease, Landlord shall have the option to cancel this option to rent slip space portion of the Lease if slip and/or office rental is more than thirty (30) days past due on any payment during the term or extension of either office or slip space. E. Tenant shall abide by the License Agreement and the Rules and Regulations of The -Bertha -Robinson Marina, which documents are attached hereto as Exhibit "D"• f any boat 34. CHARTER OPERATIONS: Tenant agrees tall notbeparkrs ninortheeLarssts o on Shipyard charter during normal week -day work hours shall p m, Monday through parking area. Normal work hours are to be 9:00 a.m. to 5-00 p• m• Monday Friday. Tenant to have ,control and access of all parking after 5:00 p• y through Friday and 24 hours a day on Saturday and Sunday, except that other Larson building tenants and their customers/clients shall be allowed free access at any time. Further, Tenant understands that Landlord is not, familiar with the' requirements for a boat chartering operation; therefore, it shall be Tenant's sole responsibility to insure that such an opera,tiorr will be permitted from these leased premises, prior to Tenant's execution of this Lease. TENANT: LANDLORD: AVALON PACIFIC YACHT CHARTERS, THE BERTHA-ROBINSON PARTNERSHIP, a INC.,a California corporation California Ge��eral Par ship, Zy.: "I n Galle ; Presiden`t (Date) tdward B• Robinson; General Partte (Date) Y By: Robert 0. Briggs, ttorney-in-Fact (Date) for Albert Frederic Bertha & Brian Andrew Rertha. General Partners, pursuant to 5 i Irv. SFr} ' D. In addition to other remedies available in the Lease, Landlord shall have the option to cancel this option to rent slip space portion of the Lease if slip and/or office rental is more than thirty (30) days past due on any payment during the term or extension of either office or slip space. E. Tenant shall abide by the License -Agreement and the Rules and Regulations of -The Bertha -Robinson Marina, which documents are attached hereto as Exhibit 34. CHARTER OPERATIONS: Tenant agrees that members and/or guests of any boat. g �` p W,. c�rkaxz area:: pY charter during normal week -day work hours shall not ark in the Larson Shi aids .,_...g Normal work hours are to be 9:00 a.m. to 5:00 p.m. Monday through Friday. Tenant to have ,control and access of all -parking after 5:00 p.m. Monday through Friday and 24 hours a day on Saturday and Sunda son building tenants and their customers/clients shall be allowed epfree aaccess r atra-ny r time. Further, Tenant understands that Landlord is not familiar witty the requi-rements for a boat chartering operation; therefore, it shall fa .Tenant's sole responsibility to insure that such an operation will be permitted from these leased. premises, prior to Tenant's execution of this Lease. " ark y G'��`k.�► .��.-,�� ,� y �,� ��TG � �- ��s � ; x L TDLORD. _ AS TENANT: THE BERTHA-ROBINSON PARTNERSHIP, a AVALON PACIFIC YACHT CHARTERS California General Par ship; INC., a California corporation ;-� 6; 'EdBy. ward B. Robinson, General Part er (Date) n Galle Pre ident (Date) By: Robert 0. Briggs, ttorney-in-Fact (Date) for Albert Frederic Bertha & Brian Andrew Bertha, General Partners, pursuant to / Power of Attorney dated 07-23-54 / �Zi 3_. A@� III1Fitl wmemxim -L�MINISSIONERS CITY OF NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX A. ENVIRONMENTAL DOCUMENT:. FINDINGS: 1. That the environmental document is complete and has been ''prepared in compliance with the California Envrironmental Quality Act (CEQA), the State EIR Guidelines and City Policy. That the contents of the environmental document have been considered in the various decisions on th}s project. 3. That 'in order tp reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into.the proposed project; 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval; 5. That baseq.upon the information contained in the Inttiatl Study,.Ncg4tiva peclaration and supportive. materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. B. TRAFFIC STUDY FINDINGS: 1. That- -a Traffic;Otudy has been prepared which analyzes the impact:of the proposed project on the peak -hour `traffic and circulation system in accordance with Chapter 15,40 of the Newport Beach Munic#al . Code .and.:gity Policy S-1. 2. -That the Traffio study -indicates that the project - generated traffic will neither cause nor make worse qin unsatisfactory Tevel of traffic on any 'majar'.,:'primary-moftfled', or 'primary' street. 3. That the Traffic Study indicates that the project - generated traffic will not be greater than one Percent .of the e�cistbjg traffic during the 2.5 hour peak period on any leg of any critical intersection. -29- COMMISSIONERS \ ti o�z `yo`;you CITY OF - NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX C. SITE PLAN REVIEW NO. 41 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of -the General Plan and the Local Coastal. Program 4Lpd is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation will be provided in conjunction with the proposed development. 3. The proposed development is a high -quality proposal: and will not adversely affect the benefits of occupancy and use of existing proPerties within the area. 4. The proposed development does not adversely affect the public benefits derived from. the expenditures of public funds for improvergent and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of `the specific area plan objectives stated in the Land Use Element of the General Plan or the Local Coastal Program. 6. The proposed development promotes the maintenance of Superior site location characteristics adjoining major thoroughfares of City-wide importance. 7. 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. S. The proposed number of compact spaces is within limits generally accepted by the Planning Commission relative to previous similar applications. 9. The proposed use of compact and tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be'detrimental or injurious to property and -30- f 'COMMISSIONERS MINUTES March 5, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and -elevations, except as may be noted below. 2. That the proposed project shall be; redesigned so as not exceed a Floor Area Ratio of 0.5 times the buildable area of the site. 3. That a minimum of one parking space for each 250 sq.ft. of office floor area and one parking space for each 2,000 sq.ft. of workshop and storage areas shall be provided. Three (3) new in -lieu parking spaces shall be permitted in addition to the existing 11 in -lieu parking spaces. The new parking lot shall be redesigned so as to provide one additional compact parking space, for a total of 7 compact spaces on -site. Sixty-three (63), parking spaces shall be required on the new, parking lot. 4. Handicap parking shall be provided in accordance with the state handicap parking provisions and shall be located and identified on the subject property in a manner approved by the City Traffic Engineer. 5. That all employees and tenants shall be required to park on -site except for 14 designated employees permitted to park in the Mariner's Mile Municipal Parking Lot. 6. That the proposed tandem parking spaces shall be posted for "employee parking" only. 7. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 8. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. -31- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX 9. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 10. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code, unless an exception permit is approved by the City. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 11. That the applicant shall prepare a landscape plan whichidentifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 12. That the applicant shall provide 516± sq.ft. of additional landscaping within the uncovered parking area of the project and 262± sq.ft. of additional landscaping within the front yard setback area. 13. That the intersection of the private drive shall be designed to provide sight distance for a speed of 45 miles per hour. Buildings, landscaping., walls and other obstructions shall be considered In the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 14. That all conditions of Resubdivision No. 841 shall be fulfilled. 15. That the use of the boat slips bayward of the site shall be limited to the tenants and businesses located on the subject, property and shall not be rented to general public unless adequate upland support facilities are provided in accordance with Sections 17 through 19 of the Harbor Permit Policies of the City of Newport Beach (i.e. parking, safety, and restoom requirements), -32- ' COMMISSIONERS CITY OF NEWPORT C BEACH MINUTES March 5, 1987 ROLL CALL INDEX 16. That adequate provisions be taken to insure that no excessive debris or foreign material be permitted to enter the bay during demolition and construction. 17. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 18. That the siltation, dust, and debris control plan shall.include a description of haul routes, access points to the site, waterings, and sweeping program designed to minimize impact of haul operations. 19. That facilities for boat hauling and repair shall be designed in a manner to minimize the introduction of pollutants into Newport Bay to the satisfaction of the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 20. That a weekly cleanup program around the docks and boat hauling/repair areas shall be conducted on a regular basis. During construction, basins, barriers, or other devices shall be installed to prevent waste and debris from falling into or entering Newport Bay. 21. That an Army Corps of Engineers permit, in .addition to a Harbor Permit, shall be obtained prior to any alteration to and construction of the bulkhead. 22. That prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $3,000.00, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 23. That the applicant shall insure that all tenants shall disclose to the Newport Beach Fire Department any hazardous or flammable chemicals or -33- COMMISSIONERS 1, 9�0 f9 �y CITY OF NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX substances stored upon the site and conform to all Fire Department requirements pertaining to storage of these materials on -site. 24. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 25. That boat delivery to the site be permitted only if supervised by the Newport Beach Police Department. 26. That development of the site not be allowed to encroach into the areas required for setback yards as established by the California Coastal Commission and/or the City of Newport Beach, whichever is greater. 27. That the project is located within the Coastal Zone and will require State Coastal Commission approval, in addition to all necessary City and other approvals heretofore mentioned. 28. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 29. That a boat charter operation shall be prohibited unless an amendment to Site Plan Review No. 41 is approved by the City. D. RESUBDIVISION NO. 840 FINDINGS: 1. That the parcel map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission sat- isfied with the plan of subdivision. . 2. That the proposed resubdivision presents no problems from a planning standpoint. -34- COMMISSIONERS CITY 0P NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX 3. That the design of the subdivision or 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 subdivi- sion. CONDITIONS: 1. That if it is the desire of the applicant to obtain a building permit prior to the recordation of the parcel map, he shall enter into an agreement and post a surety to be approved by the Planning, Public Works and Building Departments, and the City Attorney's Office prior to the issuance of said building permit, and that the map shall be recorded prior to the issuance of a Certificate of Occupancy. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That full width sidewalk be constructed along the West Coast highway frontage, the unused drive depressions be removed and replaced with curb, gutter, and sidewalk; and that the proposed drive apron be constructed per City Standard 166-L. All work shall be completed under an encroachment Permit issued by the Public Works Department, and the California Department of Transporation. 5. That hydrology and hydraulic study be prepared by the applicant and approved by the Public works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. -35- r COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 5, "1987 ROLL CALL INDEX 6. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and the the bulkhead be constructed and repaired in conformance with the recommendations of the condition survey and the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum of elevation 9.00 above M_L.L.W. (6.27 MSL). 7. That prior to issuance of any grading or building permits for the site, that applicant shall demonstrate to the satisfaction of ;the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department. S. That County Sanitation District fees be paid prior to issuance of any building permits. 9. That a 10 foot -wide easement be granted to the City for unobstructed public access across the bay side of the parcel except in front of the boat yard. A 10 foot -wide easement will be dedicated to the City at the boat yard at such time as the boat yard ceases operation in accordance with an irrevocable offer to dedicate executed in conjunction with Resubdivision No. 795. 10. That a 10 foot -wide public walking easement be provided between the West Coast Highway sidewalk and the bay sidewalk. The location and configuration shall be approved --by the Public Works Department. 11. That a 15 foot -wide easement for storm drain purposes be dedicated to the City between West Coast Highway and the bay. A minimum of a 14 foot vertical clearance shall be maintained above the easement for access. The developer shall also provide an opening in the bulkhead of sufficient size to allow for the installation of a storm drain pipe by the City. The City shall be allowed sufficient time and space to install said storm drain, if the City Council appropriates funds for the storm drain within 60 days from the issuance of a building permit. -3.6- CiDNIMISSIONERS (� CITY OF NEWPORT BEACH MINUTES March 5, 1987 ROLL CALL INDEX 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. "sea at ened at 8:50 p.m. \Amen ent No. 646 (Continued Public Hearing) Request to consider amending Title 20 of the Newport Beach Mu 'cipal Code, adding Chapter 20.64, the Santa Ana Heig s Specific Area Plan, SP-7; amending Districting Maps No. 34, 42, 61, and 67; and the acceptance o n environmental document. INITIATED BY: Th City of Newport Beach James Hewicker, Pla ing Director, presented a review of the staff repod the supplemental staff report that were distributrt ed t the Planning Commission prior to the subject publi hearing, emphasizing the circulation system to sup rt the nearly one million square feet of Business Par that was approved by the Board of Supervisors. He addressed the proposed realignment study of. Mesa Dri and Birch Street, the environmental document, and the resolution adopted by the Board of Supervisors on Octo .r 15, 1986, setting forth the Board of Supervisors acti in respect to the Specific Plan that was approved the County of Orange. Mr. Hewicker referred to the memorandum om Robert H. Burnham, City Attorney, dated March 5, 19 , addressed to the Planning Commission wherein the emorandum discusses the relationship of the Airport reement, the County Land Use Compatibility Program, nd the Specific Plan. Mr. Hewicker read the first pa graph of the said memorandum as follows: "This offic has been asked if the City is bound by terms of the hn Wayne Airport Settlement Agreement to accept and ad t the Specific Plan for Santa Ana Heights developed b the County of Orange. It is our conclusion the City is -37- . .. ,COMMISSIONERS G �o CITY OF NEWPORT BEACH MINUTES September 4, 1986 C tau st ZfcI oa H ROLL CALL INDEX this use permit, upon a determination that the operation which is the Subject of this use permit, causes injury, or, is detrimental to 7 the health, safety, peace, morals,.:70mfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal -Code. Use Permit No. 2051 (Amended) (Public Hearing) Item No.5 UP2051A Request to amend a previously approved use permit which permitted the construction of a commercial office building with a nighttime only restaurant on property A roved pp located within the "Recreation Marine Commercial" area of the Mariners Mile Specific Plan Area. Said approval included: an off -site parking agreement for portion of the required off-street parking; the use of compact parking spaces; the service of on -sale alcoholic beverages and the use of valet parking in conjunction with the restaurant. The proposed amendment involves a request'to allow the proposed restaurant to open for Sunday brunch and for private parties on Saturdays,, whereas the existing use permit prohibits the opening of the restaurant before 5:00 p.m. daily. Said pro- posal also includes a:request to amend the previously approved off -site parking agreement. LOCATION: A portion of Lot H, Tract 919, located at 2801 West Coast Highway, " westerly of Riverside -Avenue. in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Gordon S. Barienbrock, Newport :Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that staff submitted the subject staff report on,the assumption that all of the remaining tenants in the building would be closed on Saturdays, Sundays and Holidays, producing an additional 7 parking spaces that would be in excess of the parking spaces required by the restaurant in the -17- COMMISSIONERS yOG�y��ip����f ,oA oyF CITY OF NEWPORT BEACH MINUTES September 4, 1986 ROLL CALL INDEX, event that the restaurant was completely occupied for Sunday brunch, Saturday lunch, or private parties. He commented that staff has been informed that several tenants on the two lots are open for business on the weekends. Mr. Hewicker said that if this is a concern to the Planning Commission, an -additional condition should be added to the use permit which would require the landlord to notify all of the other tenants .not to be open for business on Saturday, Sunday, or Holidays. Commissioner Person stated that many marine -related uses are normally open on weekends. In response to a question posed by Commissioner Person, Mr. Hewicker replied that about 2,000 square feet of office uses would be permitted to be open on weekends and Holidays in accordance with the available parking spaces. The public hearing was opene4�L in connection with this item, and Mr. Gordon Barienbrock, 1124 East Balboa Boulevard, applicant, appeared before the Planning Commission. Mr. Barienbrock stated that the original request for a Sunday brunch was inadvertently omitted from the approved findings and conditions when Use Permit No. 2051 was approved by the Planning Commission on January 21, 1982. In reference to the required parking, Mr. Barienbrock stated that the businesses typically employ 15 employees Monday through Friday, and that there may be only 1 or 2 employees on the weekends. He said that the restaurant will not be working at full capacity during the Sunday brunch hours. Mr. Barienbrock commented that he cannot inform potential tenants they cannot work on Saturdays or Sundays. He said that there is not a parking problem on Saturdays or Sundays in the area, and . that additional parking spaces will be provided.- Mr. Barienbrock pointed out that there are currently 81 parking spaces and the restaurant requires 73 parking spaces. In response to a question posed by Commissioner Winburn, Mr. Barienbrock replied that all of the boat slips bayward of the subject property are commercial slips for yacht sales. In response to a question posed by Commissioner Person, Mr. Barienbrock replied that there are no retail stores on the premises. -18- COMMISSIONERS CITY OF NEWPORT 6 E AC,H MINUTES September 4, 1986 ROLL CALL INDEX FINDINGS: 1. That the proposed restaurantoperation is consis- tent with the General Plan and the `Land Use Element of the Local Coastal Program and is compatible with surrounding land uses. 2. That the proposed development will not have any significant environmental impact, providing that parking demands are met. 3. That the Police Department has indicated that they do not contemplate any problems. 4. That the off -site parking area is located so as-t-o be useful to the proposed restaurant use. 5. That parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed develop- ment. 7. That the use of shared parking so as to satisfy the additional off -site parking requirement is acceptable inasmuch as the daytime operation of the restaurant shall be limited to Saturdays, Sundays and recognized holidays when a majority of the office uses are closed. 8. That the approval of Use Permit No. 2051 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the i neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject development shall be in substan- tial conformance with the plot plan and floor plans approved by the Planning Commission on January 21, 1982. -20- ' (.VMMISSIVtVtK, yam`;y°�' CITY OF NEWPORT �� 9y t.,e l BEACH MINUTES September 4, 1986 ROLL CALL I J I INDEX 2. That an amended off -site parking agreement shall . be approved by the City. Council, guaranteeing that the following off -site parking shall be provided: 7 parking spaces: partially on the property and 25 parking spaces entirely on the property leocated at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use or Saturdays, Sundays and recognized holidays. 3. That the daytime operation of the restaurant shall be limited to Saturdays, Sundays and recognized holidays. 4. That all previous applicable conditions of ap- proval for Use Permit No. 2051 shall be fulfilled. S 5. That the Planning Commission may add or modify conditions of approval '\to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. That this use permit shall expire unless exercised within twenty-four months from the date of appro- val as specified in Section 20.80.090 A of the Newport Beach Municipal Code. f Use Permit No. 3222 (Continued Public Hearing) j Item No.6 Request to convert an existing automobile service UP3222 station into an automobile repair facility in the C-1 District. Removed From LOCATION: Lot 1, Block F, Tract No. 323, Calendar located at 2801 East Coast Highway, on the southeasterly corner of East Coast Highway and Goldenrod Avenue, in Corona del Mar. ZONE: C-1. -21- TO: FROM: SUBJECT: LOCATION:. ZONE: APPLICANT: OWNER: Application City Council Meeting June 13, 1983 Agenda Item No. F3A CITY OF NEWPORT BEACH City Council Planning Department Off -Site Parking Agreement Request to accept and approve an off -site parking agreement for a portion of the required parking spaces in conjunction with the construction of an office building and restaurant with on -sale alcoholic beverages on Mariners' Mile. A portion of Lot H, Tract 919, located at 2801 West Coast Highway, on the southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. SP-5 Gorden S. Barienbrock, Newport Beach Same as applicant This is a request for the acceptance of an off -.site parking agreement in conjunction with the construction of an office -restaurant complex on Mariners' Mile. In accordance with Section 20.30.035B. of the Newport Beach Municipal Code; the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: a) Such lot is so located as to be useful in connection 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, or the owners of the buildings sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). r � i TO: City Council - 2. d) The, owner or owners and the City,, upon the approval of the 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 shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department_ Suggested Action If desired, authorize the Mayor, and the City Clerk to execute an off -site parking agreement with Gorden Barienbrock, the Pacifica Marine property, and the Mariner's Mile Commercial Center property. Planning Commission Recommendation At its meeting of January 21, 1982, the Planning Commission voted (6 Ayes, 1 Absent) to approve Use Permit No. 2051 that permitted the construction of an office -restaurant complex on the subject property. The approval also permitted a structure which exceeded the basic height limit of 26 feet in the 26/35 Foot Height Limitation District (i.e. to 35 feet), and which exceeded the .5 times the buildable area (i.e. to .81 X the buildable area),. A traffic study for the 22,400 sq. ft. building was also approved in conjunction with the proposed development. The use..permit application was approved with the 17 Findings and subject to the 51 Conditions of Approval as indicated in an excerpt of the Planning Commission Minutes dated January 21, 1982, which is attached for Council review. Required Off -Street Parking The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the subject property. The daytime office use will require 64 spaces based on a formula of one parking space for each 250 sq. ft. of net floor area (office only; 15,831t sq. ft. c 250 = 63.3 or 64 spaces). The nighttime restaurant use will require 80 spaces based on a formula of one parking space for each 40 sq. ft. of net public area (3,190± sq. ft. - 40 = 79.75 or 80 spaces). Proposed Parking The applicant proposes to satisfy both his daytime and nighttime parking requirements through a combination of on -site and off -site parking arrangements with the Pacifica Marine property, located at 2751 West Coast Highway, and the Mariner's Mile Commercial Center property, located to the rear of the property at 2700 West Coast Highway (see attached vicinity map). C TO: City Council - 3. Nine (9) off-street parking spaces entirely on the Pacifica Marine property, and 7 parking spaces partially on said property, are proposed in conjunction with the office development on the applicant's property during, daytime hours. The nighttime restaurant use will require 25 parking spaces on the Mariner's Mile Commercial Center property, 'and the 7 parking spaces partially on the Pacifica Marine site. The Planning Commission had no objections to the proposed off -site parking proposed for either the daytime office use or the nighttime restaurant. use. In the case of the office parking, the off -site parking spaces are highly accessible and usable to the applicant's project inasmuch as the parking lot for the two adjoining projects have shared access and circulation, and appear as a single parking area. In the case of the off -site restaurant parking ;spaces in the Mariner's Mile -Commercial Center, they will be used primarily by employees of the restaurant, although a valet service is proposed in conjunction with. the restaurant which will facilitate the use of some of the off -site parking spaces for restaurant customers if required. Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicant's request. { Respectfully Submitted, PLANNING DEPARTMENT JP.MES D. HEWICKER, DIRECTOR By William R. Laycock Current Planning Admini rator WRL/pw Attachments for City Council Only: Planning Commission Minutes Planning Commission Staff Report Vicinity Map COMMISSIONERS .� � r c cs'a02'r City of l January 21, 1982 Beach MINUTES ROLL CALL INDEX (Agenda Item Nos. 11, 12 and 13 were heard next on the Agenda). Request to consider a Traffic Study for' a 22,400 sq. ft. ± combined office building and restaurant facility in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. AND Request to permit the construction of an office building and restaurant with on sale alcoholic beverages in the Recreational Marine Commercial area of the Mariner"s Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of required off-street parking and to allow proposed parking spaces to encroach.into the required front setback area, valet service for the restaurant use, and the acceptance of an off -site parking agreement for a portion of the required off-street parking. Said application also includes the acceptance of an environmental document. LOCATION: A portion of Lot H, Tract 919, located at 2801 West .Coast Highway, on the southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Flari Area. ZONE: SP-5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant Agenda Item Nos. 11 and 12 were heard concurrently due to. their relationship. Commissioner Allen and Commissioner Kurlander stated that they have reviewed' the previous Planning Commission minutes and staff reports relating to these items. -21- (Item #11 TRAFFIC AND Item #12 PPROVED CONDI- TIONALLY IT COMMISSIONERS January 21, 1982 1 MINUTES Cr CO CO m u City of Newport Beach ROLLCALL1 III iirINDEX Planning Director Hewicker, referred to Mr. Stephen Forde's letter dated January 21, 1982, expressing his concerns relating to the Barienbrock and Clark use permit applications. Mr.' Bob Burnham, Acting City Attorney, stated that in reviewing the previously submitted items from Mr. Forde and Mr. Clark, additional consideration of these items should not involve the Planning Commission. Mr. Burnham stated that a continuation of these items would be unwarranted. In response to a question posed by Commissioner Beek, Mr. Burnham stated that in his opinion, the current off -site parking agreements are enforceable and do create sufficient off -site parking to satisfy the requirements of the City. He stated that the applicant will be updating and clarifying the existing agreements to conform to the conditions that may be imposed by the Planning Commission and the City Council for the off -site parking agreement. The public hearing opened in connection with these items and Mr. Gorden Barienbrock, the owner and developer, appeared before the. Commission. Mr. Barienbrock referred to his previous comments of the January 7th Planning Commission meeting and described to the Commission the proposed marine -oriented project. He stated that if he were to build a two-story building across the width of his property, the view corridor would be lost. Mr. Barienbrock distributed to the Commission a view impact sheet which listed surrounding properties and areas which have a view of the site. He then delivered a slide presentation to the Commission which depicted the subject property and surrounding areas which have a view of the site. Commissioner Beek asked staff what discretionary powers the Commission would have on a project of. this nature if it conformed to the 26 foot height limitation. Planning Director Hewicker stated that the Commission would have site plan review authority, in addition, a use permit would be required for the restaurant use. Mr. Barienbrock clarified that the Code permits the 26 foot height limitation to be measured from grade to the average height of a pitched roof, and that the peak of said roof is permitted to be 31.feet above grade. WxA! COMMISSIONERS January 21, 1982 MINUTES.,1 Cr to m 1. City of Newport Beach ROLL CALL INDEX Mr. Randy Atherton, representing the Nantucket Lobster Trap Restaurants, described to the Commission the operational characteristics of the proposed restaurant use. He stated that the restaurant will primarily be a dinner house, with no request for live entertainment. He stated that no more than 25 percent of the total revenue is generated from the beverage sales. Mr. Gil Forrester, resident of 2011 Kings Road, appeared before the Commission and stated that he is in support of the proposed project and view corridor. Mr. Roland Langdrigan, a member of the Board of Directors for Newport Heights Community Association, and resident of 535 El Modena Avenue, appeared before the Commission. He stated that he is in support of the view corridor which the applicant is proposing. He also stated that the proposed height of the project will not have a major impact to the views of the bay. He used the term "density bonus for the "giving" of the view corridor and the "taking" of the additional height. He expressed his concern that if this project is approved at .8 times the buildable area, it may set a precedent for future developments in the area. He also expressed a concern with maintaining the marine oriented uses of the project and asked how these uses will be policed. Mr. Langdrigan suggested that the following conditions be applied to the use permit: 1) That the developer stipulate to a voluntary agreement that there will be no more square footage built upon the site; and, 2) That a deed restriction be recorded which would limit the space to marine -oriented businesses. He further suggested that the applicant's design format be utilized in other areas of the Bay. Mr. Dick 'Hogan, Planning Consultant for the applicant, appeared before the Commission and stated that they have attempted to submit a proposal which is acceptable to the City. -23- 51 COMMISSIONERS ) m COx CO > City a x y January 21, 1982 l MINUTES of Newport Beach ROLL CALL 1 11 ` Jill I INDEX In response to a question posed by Commissioner Balalis, Planning Director Hewicker explained to the Commission the marine -oriented uses and incentive uses which apply to the Mariner's Mile Specific Plan Area. Planning Director Hewicker stated that in the past, he has interpreted the Code to mean that if the project is approved at over .5 times the buildable area, then that portion of the project over .5 times the buildable area has to be utilized with incentive type uses. Commissioner.Beek stated that he interprets the Code to mean that if 100 percent of the buildable area is approved, all of the uses must be marine -belated. Mr. Burnham stated that the language of the Code is capable of different interpretations, which gives the Commission discretion to impose requirements which will meet the intent and spirit of the specific area plan. He stated that this allows the Commission to determine the percentage of the building which should be occupied by marine -oriented uses for projects over .5 times the buildable area. Mr. Stephen Forde, 6 percent owner of the Pacifica Marina property, adjacent to the property in question, appeared before the Commission. Mr. Forde referred to his letter to the Commission dated January 21, 1982, and discussed the stipulation 'which he stated relates to the applicant's project. Mr. Barienbrock stated that the litigation that Mr. Forde is referring to, does not involve the property in question. He stated that he has a parking agreement with Pacifica Marina which is binding. . Commissioner Allen asked the Mr. Burnham what type of condition can be imposed which will implement a development guarantee of marine -oriented uses., Mr. Burnham suggested that a condition could be imposed which would specify the percentage of the structure which is to be occupied by marine -oriented uses as defined by the provisions of the Code. Mr. Burnham further. suggested that an additional condition be made, that if that particular percentage of marine -oriented uses are not maintained, due to a -24- 9 COMMISSIONERS January 21, 1982 MINUTES m m CD ox City of Newport Beach ROLL CALL change in occupancy from marine -oriented to some other proposed uses, that the property not used by marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine - oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in.economic hardship. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine -oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. All of these conditions and requirements shall be set forth in a document suitable for recording, approved in form and content by the City Attorney's Office, and recorded in the County records. Mr. Burnham stated that two additional findings must be made relating to the preparation of the Initial Study and Negative Declaration. Commissioner Allen suggested that a condition be imposed that no additional development will be built on the site, in consideration of granting the use permit to exceed the height. Mr. Burnham suggested that this additional restriction be recorded in the form: of a Covenant. , In response to a question posed. by Vice -Chairman King, Mr. Burnham stated that the requirement of the applicant to..notify the City in the event of change of tenancy, enables the City to monitor the marine related uses. -25- INDEX 7 COMMISSIONERS Y January 21, 1982 ) MINUTES _ m = CO m W City of. Newport Beach ROLL CALL INDEX Commissioner Balalis suggested that marine -oriented uses be required for that portion of the building over .5 times the buildable area. Commissioner Allen concurred and stated that the density bonus that is being granted is only a density bonus if it is kept marine related, otherwise it is to be kept vacant. Planning Director Hewicker stated that with the exception of the restaurant facility, the entire building will have• to be utilized with marine related uses. Commissioner Allen clarified that the portion over .5 times the buildable area would be required to be limited to the uses in Section 20.62.070, D. Mr. Burnham suggested the following finding, that approval of the floor area in excess of .5 times the buildable is warranted because of the permanent restriction on building size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will remain vacant if not so occupied. Commissioner Beek suggested an additional condition, that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Mr. Barienbrock stated that this would be agreeable. Motion X Motion was made to approve Use Permit No. 2051 and the Off -Site Parking Agreement, subject to the findings and conditions of Exhibit "A" and, to include additional findings relating to the preparation of_ the. Initial Studyand Negative Declaration; additional conditions relating to the development guarantee of marine - oriented uses; a Covenant be recorded that no additional development will be built on the site, in consideration of granting the use permit to .exceed the height;. additional finding and condition relating to the uses of the excess floor area; condition. that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property; and, Condition No. 50 to :be revised as suggested by staff in the January 21, 1982 staff report., M -26- Q COMMISSIONERS ) January 21, 1982 MINUTES �A � r c go W ( 0* City of Newport Beach c � a m m ROLL CALL INDEX Amendment Ayes Noes Absent Al Ayes X X XX XX * *1 X X X X X Commissioner Beek expressed his concern with the overall building size of the proposed project. He stated that .81 times the buildable is too large for the view corridor that is being provided. He stated that .68 times the buildable area would be more in conformance with the standards of the area. Amendment to the motion was made that the third floor shall have a width of not more than 40 feet and a gross floor area of riot more than 3,700 square feet, which AMENDMENT FAILED. Commissioner Allen's motion for approval of Use Permit NO. 2051 and the Off -Site Parking Agreement was now voted on as follows, which MOTION CARRIED: FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site .parking area is located so as to be useful to the.proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. Tkat the applicant has entered into appropriate leases for the off -site parking spaces, which are of: sufficient duration for the proposed development. 7. The increased building height will result in increased public visual open space and views than would result from compliance with the basic height limit. -27- 1 (� COMMISSIONERS � r c . m � m Cr m 3 m °1 c a � � Ci January 21, 1982 of Newport Beach MINUTES ROLL CALL I I 1 I I I I I INDEX 8. The increased building height ,will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 9. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing. development or public spaces. 10. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 2.0.62.030. 11. The proposed number of compact car spaces constitutes 17 percent of the office parking and 14 percent of the restaurant parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 12. The proposed encroachment of parking spaces within the required front setback area will not adversely effect the character of the project inasmuch as a significantly greater amount of landscaping will be provided along West Coast highway than required by Code. 13. The proposed use of compact car spaces and the encroachment of parking spaces into the required front setback area will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and -further that the proposed modifications are consistent with the legislative intent of Title 20 of this Code. 14. The approval of Use Permit No. 2051 .will not, under the circumstances of this case be detrimental to the health, safety, peace, 15F 12 COMMISSIONERS January 21, 1982 � MINUTES . m W u > City of Newport Beach ROLL CALL INDEX morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 15. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 16. That based on the information contained in the Negative Declaration, the project iincorporates sufficient mitigation measures (Condition No. 1 through 51) and that those mitigation measures reduce "potentially significant impacts to a level of insignificance. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building -size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will remain vacant if not so occupied. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum number of parking spaces shall be.provided for the duration of -the office and restaurant uses: 9 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway .(the easterly 100 feet of the westerly 250 feet of Lot H, Tract .919) for daytime use only.. I 25 parking spaces at the rear of 2700 West Coast Highway located on Parcel 2 of Parcel Map 73-23, for nighttime use only. -29- COMMISSIONERS A � m m Q to x > 10 M�m 7 40 x G 7 January 21, 1982 ity of Newport Beach 3. That valet parking service be provided at all times during the restaurant's hours of operation. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollutiom,Control District. 6. That a washout area for the restaurant trash containers be provided in such a .way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That greaseinterceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in 'accordance with the provisions of the Uniform Plumbing Code. 8. That a minimum of one parking space/250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space/40 sq.ft. of net public area shall be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking lot. 11. That all. pkoposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress And egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. -30- MINUTES !,j COMMISSIONERS MINUTES January 21, 1982 � r c -. w W C�o m City of Newport Beach ROLL CALL I 1 1 177 117DEX 13. That the on -site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department. 14. That a 6 foot wide easement be dedicatedto the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. 15. That°a 6 foot wide ,easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 17. That the landscape plans for plantings adjacent to the public right-of-way be reviewed and approved by the Public Works Department. 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: a. A right -turn -only lane to accommodate traffic turning westbound onto West Coast Highway; b. A right -turn and through lane for westbound and southbound traffic; c. A left -turn -only lane.to accommodate traffic turning eastbound onto West Coast Highway; and, -31- COMMISSIONERS January 21, 1982 !MINUTES or to n City of Newport Beach ROLL CALL 111 111 1 INDEX d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion -control plan recommended in Section III, 5.0 Water Quality. 20. The demolition, grading and buildingopermits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee,'his heirs, successors and assigns will not actively oppose any action taken by the City of -Newport Beach to phase out or limit jet air service at the'John Wayne Airport. -32- COMMISSIONERS ) ) MINUTES January 21, 1982 m CO 4 City of Newport Beach ROLL CALL INDEX 22. The existing gates which control the vehicular entrance/exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 26. All on -site drainage shall be approved by the City Public Works Department. 27. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 28. The erosion and siltation. control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. 29. A landscape and irrigation plan for the project shall be prepared by..a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 30. The landscape plan shall be subject to the review. of the Parks,,'Beaches and Recreation Department, and the approval of the Planning Department. -33- - .COMMISSIONERS January 21, 1982 ) MINUTES _ m � m Cr to n � u City of Newport Beach ROLL CALL INDEX 31. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 32. The landscape plan shall place heavy, emphasis on the use of drought -resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall be placed outside the tidal area (i.e.,;above the mean high tide line). 34. Construction of all waterfront improvements shall be subject to issuance of a Harbor Permit and approval -in -concept by the City Council and subject to issuance of all other applicable discretionary permits from other agencies. 35. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 36. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall'be conducted on a regular basis. 37. The project shall be designed to comply with Title 24, Paragraph G, Division T-20, Chapter 2, Subchapter:4 of the California Administrative Code (insulation. Standards). -34- COMMISSIONERS January 21, 1982 MINUTES o. m n u City of Newport Beach ROLL CALL INDEX 38. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 39. Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the building, the program for sorting recyclable material shall be developed and approved by the Planning Department. 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. 41. The required ,City review of the project landscape plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. 42. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,682t sq.ft.) shall be limited to marine -oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D. 44. That if the particular percentage of marine - oriented uses are not maintained, .due to a change in occupancy from marine -oriented': to some other proposed uses, that the property not used by the marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in -economic hardship. -35- COMMISSIONERS January 21, 1982 MINUTES Cr -15 X F City of Newport Beach ROLL CALL INDEX 0 45. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 46. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would, affect the marine -oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 47. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 48. That the non-standard concrete sidewalk and curb along the West Coast Highway frontage be reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issued by the California Department of Transportation. 49. That the existing telephone lines along the West Coast Highway Frontage be undergrounde'd. 50. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the .boat slip users and .75 parking spaces for each marina boat slip and..75 parking spaces for each 25 feet of available mooring space not classified as a slip. -36- COMMISSIONERS � � c m � m Qm��mD City of ROLL CALL Motion Al Ayes 1* IX IX January 21, 1982 MINUTES ►ort Beach 51. That the valet service _shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Motion was made to approve the Traffic Study in conjunction with Use Permit No. 2051, subject to the following findings and conditions, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15,40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified', or 'primary' street. CONDITION: 1. That prior to the occupancy of the proposed project the ."Circulation System Improvement described in the Initial Study - "Martha's Vineyard - Restaurant/Office Complex" dated December 1981,;on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto}. The improvements shall be subject to the approval of the City Traffic Engineer. -37- INDEX v20 - - - - - P L a4 I T NO DREDGING APPLICATION Project Location: 2703 West Coast Highway_ Cubic Yards to be Dredged: 133 Method of Dredging:_ Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33'31'42"N, Longitude 117*54148"W Method of Material Disposition: Barge to sea Turbidity Control Method: Material to be contained in dump barge at dredge site. Effect of dredging on contiguous bulkheading and beaches None I LaVerne Harris hereby state that I have read the U'. S� (Print name) Corps of Engineers permit for maintenance dredging,in Newport Harbor-7, t1le City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept- all t]he provisions therein. Additionally I guarantee that the proposed dilredginq will not occur because of any altering of existing U',se of: the, affec-ted zone. Larson's Shipyard Newport Dredging Co. CAP-plicant-type name) i (Contr actor- type n"ameT 6/15/84 Siaried. (Date) Contractor's RepresentsLive w 7- 7 Oil AD 4 41. 900//V./jd ICAr. �v4 0 4 Pat m,*, VICIP-JITY SKETCH svoif "Frry XwPORr 5AY. CAL 1,FORNIA Ate. /e -5'0 4/rs dl. 7 9 5 Qrr 1r2 r0ri 040( aenOldr dop iA 5 below 4,rco&7 4owo.- Zoov Wapdor.-. ro,79,- of Y",C/c op/,Wo-/,V/,y /0,%071 Alorboe 4r7cs ore e yubll'sh& /0 e2 zi� 70 .A PI Pp /0 Lj ;L OA SS cr, CITY OF NEWPORT BELCH HARBOR PERMIT ,-EfRMISSION IS 14E',T.V'aY CRC"u8€ T:9 CONSTRUCT '." 7.1 Ar`3INTAIN THE FACILITY s.�N;�pvN ON THE REVLRSE HEPMri . THE SITE INDICATED, Slie,iE-T o0 THE' P'ROViSWNS Oo FHE Fl.AivF'O R PER'i�' T POUCIES Cl,. NEWPORT RErACa-5 AID": ANY 5'.FECIAL COIa'o09TIONS I..MTrD Ht",F-SO w.. T'W-` '-PZ mf : S HOT TS- A?+ SFERAPS .. ?' Wl HOU'-"T THE Wq-' r' MR . I�iR :aEI T C..,' rHE CITY HARBOR COORO Nxd .Ta R € R 07%' C'0'k)KC; L— T W� RIGHTS Ce±IEK dFNCER T+`eiS I'EOW AR' I ,��;;',t°�d�wSl"�'E OW AND THIS PERMET WAY BE REVOKED By 11`41E C'�Ty Cd.'IUW-:" IN ACCORDANCE b 17H TITLE 17 OF THE AVII lK:wir A CITY z7C2vp'i® �IiRl11T No.& SPECIAL CONDITIONS: Carps Of Engineers Permit Orange County Permit Other f e- , 6- - `2-7 PERMIT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULED TO SEA PLACED OIL BE- H / m im FROM: SUBJECT: APPLICANT: OWNER: Applications City Council Mee#6 May 29, 1984 Agenda Item No. D-3 CITY OF NEWPORT BEACH City Council Planning Department Public hearing and City Council review of: HARBOR PERMIT NO. 128-2901 Request to revise a previously - approved harbor permit so as to allow a 7.5± ft. eave overhang within the public tidelands area bayward of the U.S. Government bulkhead line at 2901 West Coast Highway; AND TRAFFIC STUDY - Request to consider a traffic study in con- junction with the construction of a multiple use development containing 49,460± sq.ft. of gross floor area; AND USE PERMIT NO. 3086 - Request to permit the construction of a multiple use development on property located in.the "Recreation Marine Commercial" area of the Mariners' Mile Specific Plan area. The proposal includes: a request to construct a building which exceeds the 26 ft. basic height limit in the 26/35 Foot Height Limitation District and exceeds 0.5 times the buildable area of the site; a request to establish a restaurant with on -sale alcoholic beverages and live entertainment; a request to permit non -marine related professional and business office type uses; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking requirement; a request to allow the use of an off -site parking location for a portion of the required off-street parking; and the acceptance of an environmental document. Senator D. G. Anderson, Honolulu Same as Applicant The applicant has requested approval of a Traffic Study and a Use Permit to allow construction of a49,460 gross square foot restaurant, retail commercial, office commercial and 'boat yard facility in the Recreation and Marine Commercial District of the Mariners' Mile Specific Area Plan (SP-5). Also requested is an amendment to an existing Harbor Permit to allow a use inconsistent with the Harbor Permit Policies. A Traffic Study is required by any, development of 10,000 sq.ft. or more. A Use Permit is required for the following proposals: Construction of a building which exceeds the basic height ,, .a . City CoAl - 2. limit in the 26/35 Foot Height Limitation District and exceeding 0.5 times the buildable area of the site; establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment; establishment of general purpose business and professional offices; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking; and the use of an off -site parking location for a portion of the required off-street parking. An amendment to an existing Harbor Permit is also requested to allow construction of the building with an eave overhang which encroaches 7.5± feet into the public tidelands area bayward of the U.S. Government bulkhead line. Acceptance of an environmental document is also requested. Procedures for acceptance of a Traffic Study are contained in Chapter 15.40 of the Municipal Code. Use Permit .procedures are in Chapter 20.80 of the Code, and the criteria to exceed the basic height limit is inSection 20.02.040 of the Code. Harbor Permit procedures are contained in Council Policy H-1. Suggested Action Hold hearing; close hearing; if desired, 1. Sustain or modify the recommendations of the Tidelands Affairs Committee and the Planning Commission in regards to. Harbor Permit No. 128-2901, the Traffic Study, Use Permit No. 3086, and the acceptance of the environ- mental document; a 2. Continue the public hearing; OR 3. Deny the project. Planning Commission Action The Planning Commission reviewed the proposed project on March 22 and April 19, 1984, and voted (6 Ayes, 1 Absent) to approve the Traffic Study and Use Permit No. 3086, and to accept the environmental document. The Findings and Conditions of Approval are listed below. The Planning Commission had no jurisdiction to rule on the Harbor Permit. A. ENVIRONMENTAL DOCUMENT 1. Approve the Negative Declaration and supportive materials thereto; and 2. Make the Findings listed below: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. p; City Co.- it - 3. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project; 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval; 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. The Findings made in regard to the Environmental Document described above also apply to the action taken on the Traffic Study and Use Permit No. 3086. B. TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'mayor', 'primary -modified', or 'primary' street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersections which will have an Intersection Capacity Utilization of .90 or less. CONDITION: 1. The project shall contribute to Fair Share for Circulation System improvements and noise walls, to be established by ordinance adopted by the City Council. C. USE PERMIT NO. 3086 FINDINGS: 1. The increased building height will result in more public visual open space and views than is required by the basic height limit. 2. The increased building height will result in a more desirable architec- tural treatment of the building and a stronger and more appealing 'visual character of the area than is required by the basic height limit. 3. The increased building height will not result in undesirable or abrupt scale relationships being created between the. structure and existing developments or public spaces. _gyp. City Counisil - 4. 4. The structure will have no more floor area than could have been achieved without the use permit for the building height. 5. The development will provide for both public physical and visual access to the 'bay within the limits that public safety is insured and private property protected. 6. That the design of the development or 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. 7. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 8. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 9. The Police Department has indicated that they do not icontemplate any problems. 10. The off -site parking area is located so as to be useful to the proposed restaurant use. 11. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 12. That the restaurant site and the off -site parking area are in the same ownership. 13. That the hours of operation of the proposed restaurant facility, boat yard, office and retail uses are such as to allow joint use of the on -site and off -site parking areas. 14. The proposed number of compact car spaces constitutes 24% (twenty-four percent) of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. 15. The proposed use of (tandem and compact car spaces, and a valet parking service) will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifica- tion is consistent with the legislative intent of Title 20 of this Code. 16. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 17. The project lot size conforms to the Zoning Code area requirements. 18. That the proposed development will intensify the need for on -site, on - street and off -site parking in comparison to past and current uses of the development site. City Cou�icil - 5. 19. That the City of Newport Beach has tentative plans to widen and/or re - stripe West Coast Highway which may result in loss of on -street parking and the applicant's proposed development adequately addresses anticipated parking needs for the permitted use. 20. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumu- lative affect of additional .traffic generated by commercial and office development. 21. The approval of Use Permit No. 3086 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City: CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That valet parking service be provided at all times during the restau- rant's hours of operation.- 3. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management Dis- trict. 5. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 6. That grease interceptors shall be installed on all fixtures in the restau- rant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 7. That all restaurant employees shall park their vehicles in the off -site parking area. 8. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. That a minimum of one parking space/ 40 sq.ft. of "net public area" shall be provided for the restaurant use. 10. That any proposed landscaping adjacent to the public right-of-way be approved by the Public Works Department. 11. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. TO: City Council - 6. 12. The valet parking service shall not preclude the use of a portion of the. independently accessible spaces by,__patrons wishing to park their own car. The self -park spaces shall be clearly designated. 13. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restau- rant accordingly after 5:00 p.m. 114. That live entertainment in the restaurant shall be limited to a duo or trio, and shall be permitted only within the building with windows closed during performances. 15. That the Planning Commission may add/or modify conditions of approval to this use permit for the restaurant use, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, of is .detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That a minimum of one parking space/ 250 sq.ft. of net floor area for office use and one parking space per 250 sq.ft. gross floor area for retail use shall be provided in conjunction with the proposed development. 17. That project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 19. That the final design of on -site vehicular and pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. TO: City Council - 7. 20. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 21. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 22. That the applicant record a Covenant, the form and content of which is acceptable .to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 0.80 times the buildable area on the two parcels which make up the subject property in considera- tion for the granting of the use permit to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional development beyond this limitation by approval of a Use Permit. 23. That a minimum clear setback of 45 feet be provided on the easterly property line. 24. The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such cantilever shall be subject to the review and approval of the Planning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and landscaped in such a way as to enhance, beautify and otherwise encourage the public use and enjoyment of the easement. 25. That boat deliverly to .the site be permitted only if an adequate median for Coast Highway can be designed to the satisfaction of the Public Works Department. 26. The gross structural area of the building at 2901 West Coast Highway shall not exceed 0.95 times the buildable area of the site. 27. That 40% of all use area both within and outside of the building on the site, excluding the area devoted to the restaurant use, shall be incentive uses as provided in the Newport Beach Local Coastal Program. 28. That the applicant shall record a Covenant, the form and content of which is acceptable to the Planning Director and City Attorney, binding the applicant and its successor in interest in perpetuity, limiting the use of the area described in Condition No. 27 above to uses satisfying the incentive use provisions of the certified Newport Beach Local Coastal Program. 29. That the hours of operation of the restaurant shall be subject to the review and approval of the Planning Director. 30. That all, improvements 'be constructed as required by ordinance and the Public Works Department. 31. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. City Council - 8.y 32. That each building be served with individual water services and sewer laterals to the public water and sewer systems unless otherwise approved by the Public Works Department. 33. That access to the site and the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the Traffic Engineer. 34. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be revised and/or upgraded as necessary, in conformance with the recom- mendation of the condition survey and to the satisfaction of the Building Department and Marine Department to allow the construction on a under- ground parking structure adjacent to the bulkhead. The top of the bulk- head is to be a minimum of elevation 9.00 above M.L.L.W. (6.27 MSL). 35. That the applicant shall agree that the proposed development will not increase the need for on -street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re - striping or widening of West Coast Highway on the ground of loss of on -street parking. 36. That the landscaping plan be designed to provide sight distance for both vehicles on the street and bicycles on the sidewalk. The plans shall be approved by the City Traffic Engineer. 37. That the unused drive depressions on West Coast Highway be removed and replaced with curb, gutter and sidewalk; that the existing non-standard 12 foot wide sidewalk and curb and gutter along the West Coast Highway frontage be constructed along with relocating the existing catch basin and approximately 60 feet of curb that is set back approximately 6 feet behind curb line; that the drive aprons along West Coast Highway be constructed per City Std. 166-L; that the existing telephone lines along the West Coast Highway frontages of the site be undergrounded; and that all work be completed under an encroachment permit issued by the California Department of Transportation. 38. That a 10-foot-wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other mate- rials meeting the approval of the Public Works and Planning Departments. 39. That a 10-foot-wide storm drain easement be dedicated to the City along the westerly property lines; and that a storm drain line having a maximum diameter of 36 inches be installed within the easement, with the cost of the storm drain to be borne by the City except for the proportioned cost attributable to site drainage, which shall be borne by the developer. The storm drain may be installed on hangers inside the proposed parking structure. The design of the structure shall include provision for attaching the necessary supports, and the project architect shall work with the Public Works Department to ensure a satisfactory design. The storm drain easement or right-of-way document shall convey sufficient .rights to enable the City to construct, maintain, and operate the drain; including access across the property to the easement. The document may •gip; City Council - 9. include language holding the developer harmless from any liability due to the operation of the City storm drain. That a ten foot wide public access easement be provided along the westerly side of the project from the bay to approximately 110 feet towards West Coast Highway in order to tie into the access easement on the adjacent property. 40. That a 12-foot-radius corner cutoff at the corner of Riverside Avenue and ` Avon Street be dedicated to the City prior to issuance of any building permits. 41. That 7-foot-wide sidewalk be constructed along the Avon Street frontage; that 12-foot-wide sidewalk be constructed along the Riverside Avenue frontage; that the curb return be reconstructed with a 25-foot-radius and a curb access ramp at the corner of Riverside Avenue and Avon Street; that an access ramp be constructed at the alley; and that the deteriorated portions of curb, gutter and drive depressions along Avon Street be reconstructed. 42. Prior to the issuance of building permits, the applicant shall provide an estimate of the potential for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 43. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout de - watering of the site through placement of appropriate testing devices under the supervision and surveillance of a qualified soils engineer. 44. If found necessary by the City of Newport information described above, the project enter into an agreement and post a bond public street system, utilities or other damaged during the dewatering excavation struction phases. Beach, based upon geotechnical applicant will be required to guaranteeing the repair of the public property that might be process as well as other con- 45. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process as well as other construction phases. 46. Prior to the issuance of building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained from the Santa Ana Regional Water Quality Control Board. 47. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 48. Suspended solids (sand) shall be separated from extracted water in accor- dance with applicable water quality standards and disposed of at a loca- tion approved by the City of Newport Beach. 'To: City Council - 10. 49. Provision shall be made, as necessary, for the treatment of hydrogen sulfide (H2S) to comply with water quality standards and to control odors from the dewatering processes. 50. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, to keep the garage floor slab dry from seepage and to remove oil and grease from wastewater prior to disposal to public drains. 51. Facilities for boat hauling and repair shall be designed in a manner to minimize the introduction of pollutants into Newport Bay to the satis- faction of the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 52. A system of barriers and overhead protection will be required during construction to prevent debris from falling into Newport Bay or onto adjacent property and streets, and to protect pedestrian and bicycle circulation routes. 53. No street closures will be allowed during construction. 54. Excavations will be shored by sheet piling placed by a method approved by the Planning and Building Departments of the City of Newport Beach. 55. A system of well points will be utilized to dewater the site for con- struction purposes. Additional well points will be placed in the center of the excavation to prevent a "quick" conditions from developing during construction. 56. The relocation of public utilities will be coordinated and approved by local utility companies and public agencies, as appropriate. 57. Hours of construction involving truck operations will be limited to 9:00 a.m. to 3:00 p.m. weekdays, 8:00 a.m. to 6:00 p.m. Saturday, and 10:00 a.m. to 6:00 p.m. Sundays_ 58. All construction equipment and materials shall be stored on -site in a. screened, fenced area. 59. The perimeter of the project site shall be fenced to insure public safety. 60. A temporary eight foot wide pedestrian/bicycle walkway shall be provided at all times along West Coast Highway during the construction process. 61. Signing and lighting shall be provided for the benefit of pedestrian and bicycle circulation with the approval of the City of Newport Beach Plan- ning Department. 62. Truck traffic generated by site excavation, dewatering and concrete pouring operations shall be routed in a manner approved by the City of Newport Beach Planning, and Public Works Department. 63. Construction workers and other personnel shall be directed to utilize parking located on Site B (Riverside Avenue and Avon Street) during project construction. �r 'To: City Co C.l�l - 11 64. A waiver of City noise abatement regulations will be required in order to allow site dewatering and pouring of the basement slab. 65. If determined necessary by the City of Newport Beach Building Department, noise producing equipment will be enclosed by barriers or baffled to reduce noise impacts. 66. Development of the site shall be subject to a grading permit to be ap- proved by the Building and Planning Departments. 67. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other weather pollutants. 68. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of haul operations. 69. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the. Building Department and a copy will be for- warded to the California Regional Water Quality Control Board, Santa Ana Region. 70. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineer- ing geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard -size sheets shall be fur- nished to the Building Department. 71. The Fire Department shall review design plans to ensure adequate access and emergency exits. 72. The provision of adequate fire flow shall be reviewed by the Fire Depart- ment. 73. Structures shall be equipped with fire suppression systems as required by Code. 74. That the valet drop-off driveway be a minimum of 45 foot radius, with the proposed planter/fountain a maximum 12 foot radius. 75. Final design of the project shall provide for the incorporation of water - saving devices for lavatories and other water -using facilities. 76. Prior to the issuance of any building permits, a program for the sorting of recyclable material form other solid wastes shall be developed and approve by the Planning Department. 77. The final layout and composition of surface and subterranean parking shall be subject to the review and approval of the City Traffic Engineer and the Planning Department. 78. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer and the Planning Department. The quantity and design of such spaces shall comply with City Codes. ro. City Council - 12. 79. Parking arrangements during the construction period shall be approved by the City Planning Department and the Traffic Engineer prior to the issu- ance of any grading and/or building permits. 80. All onsite drainage shall be approved by the City Public Works Department. 81. The project shall contribute to Fair -Share for circulation system improve- ments and noise walls, to be established by Ordinance adopted by the City Council. 82. A weekly cleanup program around the docks and public sidewalks shall be conducted on a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 83. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the. Planning and Build- ing Departments of the City of Newport Beach. 84. All buildings will conform to the Uniform Building Code 'and the _,CityIs seismic design standards. 85. The project is located within the Coastal Zone and will require State Coastal Commission approval, in addition to all necessary City approvals. 86. An Army Corps of Engineers permit (in addition to a Harbor Permit) shall be obtained prior to any alteration of bulkheads. 87. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound - attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. 88. Prior to the occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 89. That a tentative parcel map be filed. Background At its meeting of April 23, 1984, the City Council called up for review the Traffic Study and Use Permit No. 3086 for this project so as to discuss these items with the requested Harbor Permit No. 128-2901 on May 29, 1984. Analysis The applicant is requesting these approvals in order to construct a 49,460 sq.ft. restaurant, retail commercial; office commercial and boatyard facility on the site of the existing Rosan Industries at 2901 West Coast Highway. TO: City Council - 13. Traffic Study and Use Permit No. 3086 The project approved by the Planning Commission was revised significantly from the project originally proposed by the applicant. Major features of the approved project includes 1. Satisfaction of LCP incentive use provisions by a boat yard and marine service retail uses on the ground floor level. 2. Satisfaction of the criteria to exceed the basic height limit by provision of a minimum 45 ft. wide view corridor on the easterly property. 3. Provision of public access to the water via ten foot wide access corridors on the bay and westerly property line. The second floor of the structure has been permitted to encroach over the public access easement on the bay to the property line (U.S. Bulkhead'Line). Subsequent to submittal of the revised project, the primary issue which remained was the second floor overhang of the public access` easement. The Planning Commission approved the applicant's request, subject to the following Condition: "The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such canti- lever shall be subject to the review and approval of the Plan- ning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and land- scaped in such a way as to enhance, beautify and otherwise en- courage the public use and enjoyment of the easement." Staff suggests that, in addition to this Condition, the following Findings be added to the action on Use Permit No. 3086: 22. That any structural encroachment over the public access ease- ment will be cantilevered and absent any vertical means of support. 23. That any structural encroachment over the public access ease- ment will be designed in such a manner as to ensure the maxi- mum feeling of light and openness, and that the structural area on the ground floor where it interfaces with the public easement will be designed and landscaped to enhance, beautify and encourage the public use and enjoyment of the easement. 24. That the southerly exposure of the public access easement results in sufficient light and warmth within the easement to allow a structural floor area over the easement. .T0: City Council - 14. Harbor Permit No. 128-2901 Subsequent to the Planning Commission approval of the project (including the y� second floor encroachment over the public access easement), the applicant contacted the Marine Department regarding permits necessary to allow an eave to encroach over the public tidelands area. The Harbor Permit Policies in the City Council Policy Manual (H-1) govern the issuance of Harbor Permits by the Marine Department. The Harbor Permit Policies state: "Only piers and floats and their appurtenances shall be permitted between the bulkhead and pierhead lines." Since the Marine Department can issue only Harbor Permits which are consistent with the Harbor Permit Policies, approval of the City Council is required for the applicant's request. The Marine Department has studied the proposal (see attached memo) and has provided the following information: 1. The State Land Commission in Sacramento believes this use would not be inappropriate, but that the City should issue a permit for the use. 2. Approval of the request could set a precedent for tidelands use which is inconsistent with the recreational use of the harbor, in that boating use could be limited thereby. 3. A Harbor Permit is revocable at any time. A building eave is aIpermanent structure which is not easily removed. 4. Should the City approve the use, it is required that a fair and reasonable rate be charged for the use of public tidelands, perhaps in the nature of an annual lease. The Tidelands Affairs Committee of the City Council reviewed the request on May 17, 1984. After reviewing the plans for the building, the Committee determined to recommend to the City Council that the applicant's request for an eave overhang encroachment bayward of the U.S. BulkheadLine not be allowed. The Committee had no objection to the second floor of the building being constructed over the public access easement to the U.S. Bulkhead Line. However, it was felt that if an eave is desired, the adjustment should be made in the amount of floor area cantilevered over the easement, rather than by an eave encroachment over the public tidelands. Should the City Council concur with the recommendation of the Tidelands Affairs Committee, the following Condition should be added to Use Permit No. 3086 90. No part of the building or eave shall encroach over public tidelands area. �q City council - 15. Attached for the information and review of the City Council isofathex excerpt of the Planning commission minutes of April 19, 1984, and a copy ning Commission staff report which describes the applicant's request. Respectfully submitted, JAMES D. HEWICKER Planning Director by 4&"AMPLE Environmental Coordinator PLT/kk Attachments for City Council Only: 1. April 30, 1984 memo from Marine Department 2. Excerpt from the Planning Commission Minutes -of April 19, 1984 3. Planning Commission Staff Report with attachments 4. Supplemental Planning Commission Staff Report with attachments 5. Initial Study 6. Plans and Elevations April 30, 1984 TO: FROM: w SUBJECT: CITY OF NEWPORT BEACH Marine Department JIM HEWICKER Marine Department ROSAN REDEVELOPMENT, USE PERMIT 3086 yit / �ECEIYED F±inning Department a (}1 CITY OF y N.-LrJPc^hZ "r„Cy, fi On 4/23 and 4/25/84 I received telephone calls from Andy Anderson and his architect regarding the possibility of cantilevering approximately 175 feet of the second story roof eave of his project six feet over the U.S. Bulkhead line. Newport Beach Municipal Code § 1724.010 requires that a permit be issued for this type of construction. Typically these permits have been issued by the Marine Department generally for pier floats and bulkheads. On April 24 I contacted the State Lands Commission in Sacramento and discussed this type of use of the tidelands. They felt it would not be an inappropriate use, but that some form of permit should be issued by us. ' We could issue a Harbor Permit by Council policy. It would require City Council approval, since it is in an area zoned commercial and in addition to this it would require approval from the Coastal Commission, the Army Corps of Engineers and the State Lands Commission. ' It might be more appropriate, if it was felt by all- concerned that this encroach- ment be allowed, that it be considered in theuse permit process, with input from the Marine Department, since our concerns would more than likely be secondary to those of the Planning Department wh6n looking at the project as a whole. With this in mind, we submit the following: 1. By Council policy the only structures allowed bayward of the U.S. Bulkhead line are piers and floats. 2. This could set a' precedent for tidelands use inconsistent with the recreational nature of the harbor, in that boating use could be limited thereby. 3. A Harbor Permit is permissive and can be revoked at any time. Although this has not been done recently, a revocable permit might be inappropriate for this type of use. 4. The State Lands Commission required that the City charge a fair and reasonable rate for commercial tidelands use. Our current rate of 82 cents per foot per year is based mainly on rental or leasing of pier and slip space to boat owners. An encroachment such as that suggested by the applicant may require a separate fee, more related to an annual lease. If I can be of further assistance in this matter, please call. Tony Melum, Thde ands Administrator TM: db _;,,JY OF N EW PO RT B NCH ouNCIL MEMBERS ti o %P 9- �9G y9�� <G �9 May 29, 1984 oni r w Motion x Ayes x x x Noes x x MINUTES "'Motion was made to sustain the action of x the-P.Janning Commission, and the x Conditions of Approval thereof, with the exception tha:�'Condition No. 11 be modified as requested by the applicant and approved by the ty Attorney; the restaurant be required close at 12 Midnight Sundays through Th days, and at 2 a.m. Fridays and Saturdags,�And further, that the restaurant be allowed to remain open for lunch. 3. Mayor Hart opened the public hearing and City Council review of: HARBOR PERMIT NO. 128-2901 - Request to revise a previously -approved harbor permit so as to allow a 7.5t ft. eave overhang within the public tidelands area bayward of the U.S. Government bulkhead line at 2901 West Coast Highway; 0 Harbor Perm #128-2901 (51) TRAFFIC STUDY - Request to consider a Traffic Stdy traffic study in conjunction with the construction of a multiple -use development containing 49,460t sq. ft. of gross floor area; AND USE PERMIT NO. 3086 - Request to permit the construction of a multiple -use development on property located in the "Recreation Marine Commercial" area of the Mariners' Mile Specific Plan area. The proposal includes a request to construct a building which exceeds the 26 ft. basic height limit in the 26/35 Foot Height Limitation District and exceeds .5 times the buildable area of the site; a request to establish a restaurant with on -sale alcoholic beverages and live entertainment; a request to permit non -marine related professional and business office type uses; a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off-street parking requirement; a request to allow the use of an off -site parking location for a portion of the required off-street parking; and the acceptance of an Environmental Document. Report from the Planning Department, was presented. Volume 38 - Page 171 1 U/P 3086 �88� _ - Y OF N EW PO RT LACH COUNCIL MEMBERS 0� yG 9p� May 29, 1984 MINUTES 1k1r%rV Joseph Lancor, Architect for the Hrbr Perm project, addressed the Council and #128-2901/ displayed a model of the proposed Tfk Stdy/ development, drawings, and renderings. U/P 3086 He stated that they wished to withdraw their request for encroachment beyond the U.S. bulkhead line. They also were in agreement with the recommendations as set forth in the City's staff reports. It was noted that access to the boat launching facility will be moved toward the vehicular access in the new design. Dick Whitworth, owner of business across from the proposed development, addressed the Council in favor of the project. He also asked questions regarding the development, to which the Planning Director responded that the building will be 35 ft. in height on the highway, terracing down to 32 ft, as it moves toward the water. Land has been purchased by the applicant for the Rosan offstreet parking. The development will include a restaurant; a private club on the upper level; commercial office space; and a boat launching facility on the easterly side of the project. In addition, utility poles will be placed underground. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the All Ayes recommendations of the Planning Commission with Findings and Conditions as modified by the Tidelands Affairs Committee in regards to Harbor Permit No. 128-2901; the Traffic Study; Use Permit No. 3086; and the acceptance of the Environmental Document 4. Mayor Hart opened the public hearing Weed Abatm regarding WEED ABATEMENT PROGRAM. (41) Report from the Fire Department dated May 23, 1984, was presented. The City Clerk advised that after the agenda was printed, letters were received from Mr. and Mrs. Kenneth Sands, 637 St. James Road, and Donald E. Olson of Byco, Inc., 3300 West Pacific "',Coast Highway, regarding their weed assessments. Volume 38 - Page 172',� r C0MMiSSKX4ERS � 2 � m m � m c .� m v n � {- c w a o m �l ROLL CALL Use Permit No. 3084 (Public Hearin) Item #5 Request to permit the construction of a restaurant facility with on -sale alcoholic beverages located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact car spaces with valet service for a' portion of the required restaurant USE E PERMIT parking spaces, and a request to pay an annual in -lieu 3084 fee to the City for a portion of the required restaurant parking.spaces. LOCATION: ---A'portion of'Lot •H, -Tract No.`=919,"... located. - at" 2431 West. Coast. Highway, on the southerly side of West Coast _ . Highway,• approximately: 290..'feet: easterly... ". of Tustin• Avenue, iri the.:Mariner's Mile APPROVED.:. . Plan Area. CONDI- TIONALLY TIONALLY ZONE: SP-5 APPLICANT: CHE, Inc., Dba The Chart House, La Jolla OWNER: Boatswain's Locker Investment Company, Newport Beach Mr. William Laycock, Current Planning Administrator, referred to Exhibit "A" of the staff report and recommended the following revisions: Condition No. 2 - provide for a minimum of 17 and a maximum of 19 in -lieu parking spaces. He stated that the number of reduced standard size parking spaces have been recalculated from 44 spaces to 35 spaces. Condition No. 48 - relating to the on -street parking along West Coast Highway, be deleted. Additional Finding No. 11 - That the proposed development will intensify the need for on -site, on -street and off -site parking in comparison to past and current uses of the development site. -10- COMMISS.RS MINUTES February 23, 1984 v m m a fl m City of Newport Beach c m p _ ROLL CALL INDEX Additional Finding No. 12 - That the City of Newport Beach has tentative plans to widen and/or restripe West Coast Highway which may result in loss of on -street parking and the applicants proposed development adequately addresses anticipated parking needs for the permitted use. Additional Condition No. 55 - The required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. The public hearing opened in connection with this item and Mr. John ,Callahan,- representing the applicant and the owner, :appeared before the 'Commission. Mr. Callahan referred tb the' additional Condition No. 55 and stated that it will restrict valet parking for the handicapped. Chairman King stated that many vehicles driven by the handicapped, contain special equipment which valet operators may not be familiar with. He also stated that tandem parking of the handicapped vehicles would not be feasible. Mr. Callahan stated that the architect will adjust the parking design accordingly. Chairman King referred to Condition No. 8 and stated that the valet parking service shall not restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. Commissioner Winburn expressed her concern with the 8� foot wide size of the reduced standard parking spaces. Commissioner Balalis stated that the Planning Commission can not redesign the parking lot layout at tonight's meeting. He suggested that the applicant redesign the parking lot, following the requirements of the City and that Condition No. 2 be revised to provide that a minimum of 17 in -lieu parking be required. He stated that in this way, if additional in -lieu parking spaces are needed, they can be obtained. Mr. Callahan stated that the representative of the State for the handicapped, has already approved the plan for the handicapped on this site. -11- ' C-OMNVSSIONERS C MINUTES February 23, 1984 � r Cr � m � 4 City of Newport Beach ROLLCALLI III III I I INDEX Commissioner Person asked Mr. Callahan if he was aware that the in -lieu parking fee is subject to change, which could amount to as high as $1,000 to $3,000 per space. Mr. Callahan stated that they have been made aware that the in -lieu parking fees are subject to change. Commissioner Balalis stated that the original approval of this item required that in the event a parking structure was built on the Municipal lot, a one time purchase fee, not to exceed $10,000 per space, shall be required. He stated that since the original approval, the City has. chosen to only surface pave the parking lot. Commissioner Person clarified that the applicant would be required to purchase the in -lieu parking spaces at a given rate on an annual basis, rather than a one time purchase fee. Mr. Callahan discussed the background information relating to this item and explained that the permit time elapsed after the lengthy process of obtaining Coastal Commission approval and redesigning the project.- He stated that the proposed project will be an asset to the area, however, he expressed his concern with several suggested conditions of approval and stated that the price tag of complying with these conditions, will not be affordable. Mr. Callahan stated that the State Fish and Game condition, relating to the intertidal habitat, has now risen to approximately $23,000. He stated that the cost of the 10 foot wide easement for an elevated walkway across the bayfront of the property will be approximately $75,000 to $90,000. He stated that the dedication of an additional 10 foot easement across the property to the water will also be costly. Mr. Callahan stated that the proposed project does not create any environmental impacts and is in conformance with the General Plan. He stated that the project contains 3,4.10 square feet of actual net public use, which will only be utilized from 5:00 p.m. to 2:00 a.m. He expressed his concern with; the suggestion in the staff report that fair share improvements be applied to this project. He stated that the proposed building is under 10,000 square feet and does not require a Traffic Study. -12- COMMISSIONERS MINUTES February 23, 1984 0 C o c m m O n m 0 " m City of Newport Beach ROLL CALL I I I'M INDEX Mr. Callahan stated that recently a retail office. building was approved in the immediate area and was not required to contribute fair share funds. He also expressed his concern with the potential costs of the suggested sound attenuation barrier condition. He expressed his concern with Condition No. 52 which requires an additional 10 foot easement for storm drain purposes and requested that this condition be deleted. He stated that this piece of property should not have to cure all of the problems of the area. He stated that the tax base on this piece of property, without a building on it, has increased from 1.2 million to 3.9 million dollars. Mr. Callahan- referred to Condition No. 49, relating to the guest- dock facilities, and suggested that the wording."after 5:00 p.m." be added. Mr. Callahan urged the Planning Commission to approve the proposed project subject to the original application. He stated that the dedication of three easements on this piece of property is not fair and is not financially feasible. In response to a question posed by Chairman King, Mr. Callahan stated that the architect can redesign the parking lot to satisfy the City requirements and concerns expressed relating to handicapped parking and independently accessible parking spaces. Mr. Callahan stated that the van system utilized for restaurant personnel works efficiently at their other restaurant facilities. In response to a question posed by Chairman King, Mr. Donald Webb, City Engineer, stated that the walkway which is proposed down the center of the property is an undefined walkway, which could be located anywhere on the site. Chairman King stated that if the boatworks operation is ever removed from the site, the recommended storm drain easement can serve as the 10 foot public access easement between the public sidewalk and the walkway along the bay_ He stated that the. other public access easement could be vacated at the time this easement would take place. Mr. Webb concurred. -13- COMMISSIONERS (^ MINUTES February 23, 1984 - r Cr 0 a Q m City .Of Newrt each. . y ROLL CALL-CALL-1 I I. INDEX Mr. Webb stated that the storm drain easement is for sub -surface uses. He stated that the only time that the surface area would be utilized would be for the actual construction of the storm drain. He also stated that no new structures could be constructed over the storm drain. He stated that installation of the storm drain would be at the City's expense. Mr. Callahan stated that the granting of the easement will not allow for any construction to take place on the 10 foot easement: He stated that the area designated for the 10. foot storm drain easement is not conducive or allowed for pedestrian access. Therefore, he stated that an additional easement will be necessary to grant persons access over the property. In response to a question posed by Commissioner Balalis, Mr. Webb stated that the need for the storm drain was established last year during the flooding of this area. He stated that the storm drain easement would be located along the westerly property line. Mr. Webb stated that the restaurant itself will provide lateral access along the bayfront, therefore a perpendicular access is necessary in order to reach the lateral access. He stated that this can be accomplished by the 10 foot undefined easement. Commissioner Balalis suggested that this easement could be vacated at which time it is no longer needed. Mr. Webb concurred. Mr. Webb clarified that combining the surface and sub -surface easements is not compatible -`with the existing boatworks operation. He stated that the combining of the easements could be accomplished when the boatworks operation is removed from the site. He stated that if the boatworks operation continues at this location in perpetuity, an easement is still needed for the pedestrians to gain access to the boardwalk. Commissioner Balalis asked Mr. Callahan if a 10 foot undefined easement for pedestrian. access would be acceptable. Mr. Callahan stated that an undefined pedestrian easement is acceptable. However, Mr. Callahan stated that the storm drain easement places a limitation on the property in that no new construction can take place over the storm drain easement. -14- -COMNYSSO',RS1 C. C MINUTES February 23, 1984 itv of Newport Beach.. ROLL CALL ( INDEX Mr. Webb stated that the existing structure which would remain on the site, would encroach into the storm drain easement area, which is acceptable. He stated that the proposed new structure for the restaurant use would not be affected by the easement. He stated that if the boatworks operation were removed and a new structure was proposed, it could not be constructed over the 10 foot easement. Commissioner Balalis stated that the easement may limit the envelope of the proposed structure, but the easement will not affect the square footage of the structure. He referred to the City's Local Coastal Plan and' -.stated that.. access to the bay will be required. - .He stated that an undefined easement gives the property flexibility. Mr. Webb' suggested that if the storm drain is not constructed within 10 years or additional storm drain easements obtained within the 10 year period to allow for the construction of a storm drain in a different location, the easement would be relinquished or vacated. Chairman King referred to the storm drain easement and stated that as a trade-off, the building can be constructed on the lot line. He stated that the pedestrian access is needed to gain access to the walkway on the bay. In response to a ,question posed by Commissioner Balalis, Mr. Webb stated that the fair -share contribution for the circulation improvements would be approximately $128,400. Mr. Webb stated that the contribution to the sound attenuation barrier would be approximately $12,000. Planning Director Hewicker stated that these conditions are addressed in the staff report, however, he stated that staff has not recommended that these conditions be imposed upon the project. Commissioner Balalis expressed his concern that the fair -share allocation for circulation improvements which may be required of this project, should be applied to improvements in the Mariner's Mile area, rather than placed in a fund for improvements to other .areas of the City. 159-15 COMMISSIONERS MINUTES February 23, 1984 ::E r .� - C O c % p. n a City of Newport Beach. ROLL CALL INDEX In response to a question posed by Chairman King, Mr. Webb stated that the City has required substantial sums of monies from various developments for improvements to the circulation system, however, he stated that the City has received very little of these monies to date.. He stated that these monies are utilized for the purchase of right-of-way acquisition, design and construction costs. He stated that this allows for additional roadway capacity within the City. Mr. Callahan expressed his concern that other projects of this size in the. area have not been irequired to contribute.to these funds. He stated that he considers a tax increase from 1.2 million to 3.9 million dollars, their fair --share* contribution. Commissioner Balalis stated :that: 'many property owners and leasehold. interests in ,.tie area have been required to dedicate . property to the City for circulation system improvements: Planning Director Hewicker stated that all of the projects• which have been required to make fair -share contributions have been projects which have gone through the Traffic Phasing Ordinance provision of the Municipal Code. He stated the recently approved office building located at East Coast Highway and Avocado Avenue, is now requesting the Planning Commission to reconsider its decision, relating to the circulation system and noise wall contributions. Commissioner Goff stated that although the proposed project may contain 3,400 square feet of -net public, the total restaurant contains 9,800 square feet and the Boatswain's Locker contains 2,244 square feet for a total of approximately 12,000 square feet. He stated that perhaps a traffic study should have been required of this project. Planning Director Hewicker stated that the requirement for the traffic study is based on the net increase of square footage on the site. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that staff has developed a formula for calculating the fair -share contribution amounts. Chairman King stated that the City Council has been imposing the fair -share requirements on projects such as the J. M. Peters development. Di :fl -COMMISSIONERS C C MINUTES February 23, 1984 A � Cr � m m 0a 5 - m City of Newport. Beach ROLL. CALL INDEX Commissioner Kurlander stated that the City Council imposed the sound attenuation barrier requirement on the Allred residential condominium development. He stated that the City Council has been requiring the fair -share and sound attenuation barrier contributions on other projects. In response to a question posed by Commissioner Goff, Mr. Webb stated that adequate funds have not been received to complete the West Newport or Irvine Terrace sound attenuation barriers. .Commissioner Balalis stated.that at some point in time, ,the'pedest'rian easement can be relocated to. coincide with the storm drain easement. Mr. Webb stated that the.. undefined easement will become .defined .at. which ; time: the boatw6tks operation ,ia- removed.._. In response to a concern expressed by Commissioner Winburn, Mr. Webb stated that there is a difference in the parking space design between valet parking and parking your own vehicle. He stated that parking your own vehicle standards require a 9 foot wide stall which may decrease the parking by one space per row, unless otherwise directed by the Planning Commission. He stated that valet parking standards allow for 8� foot wide stalls. Chairman King stated that the self parking spaces should be so designated.- Chairman King expressed his concern that when compact car spaces are approved on various projects, which are only 7� feet wide, it is difficult to enforce or ensure that only compact vehicles park in these spaces. Therefore, he stated that 81� foot wide parking spaces would be acceptable on this project with a total of 86 parking spaces, on -site or off. -site and requiring a minimum of 17 in -lieu parking spaces. Commissioner Goff expressed his reluctance in approving the proposed project. He stated that because 20 percent of the parking spaces have to be provided in an off -site location, perhaps the project is an over intensification of the property. Commissioner Balalis stated that the proposed project is located in an area where there is a Municipal lot nearby. He stated that the proposed project can. located its in -lieu parking spaces in a parking lot which is currently under utilized. Commissioner Goff concurred. -17- •COM/WSSiONERS MINUTES February 23, 1984 Cr a . City .of. Newport Beach c m� � p m RC1 .CAL[ Motion All Ayes IX Motion was made for approval of Use Permit No. 3084., subject to the findings and conditions of Exhibit "A", with the following revisions: Additional Findings No. 11 and 12, and the deletion of Condition No. 48, as suggested by staff; Condition No. 49 to include "after 5:00 p.m."; Additional Condition No. 57, relating to the relocation of the handicapped parking spaces with the approval by staff; Condition No. 8, to include the provision that the independently accessible spaces be clearly designated, and that reduced standard size parking spaces of 8� feet in width are acceptable; Condition No. 2, be revised to require that a minimum of 17 in -lieu parking spaces be provided, conditions relating to fair -share allocation for circulation system and sound attenuation barrier:be added; that.the 10 foot undefined easement shall be vacated at which time the easement becomes -defined under ,Condition No. 52, which MOTION.CARRIED,.as•'follows: .FINDINGS: 1. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and further, that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 2. That based on the information contained in the previous Initial Study and Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially -significant environmental effects, and that the project will not result in significant environmental impacts. 3. That the proposed use is consistent with the City of Newport Beach General Plan and the Local Coastal Plan, and is compatible with surrounding land uses. 4. The project will not have any significant environmental impact. 5. The Police Department has indicated that they do not contemplate any problems. 6. The proposed restaurant use will not preclude the attainment of the objectives for the Mariner's Mile Specific Area Plan. -18- COMMISSIONERS r r MINUTES February 23, 1984 m T o m Fis - Qityof N ort Beach O = O 7 _ ROLL CALL INDEX` 7. That the establishment of tandem and compact car parking spaces in the on -site parking area will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the -City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 8. That the limited use of the off -site municipal parking Jot for employee parking will not create undue traffic hazards in the surrounding areas. 9.. That the hours of operation of the proposed restaurant and the marine commercial use are such, so as to allow joint use of the on -site parking facilities. 10. The approval of Use Permit No. 3084 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general 'welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 11. That the proposed development will intensify the need for on -site, on -street and off -site parking in comparison to past and current uses of the development site. 12. That the City of Newport Beach has tentative plans to widen and/or restripe West Coast Highway which may result in loss of on -street parking and the applicants' proposed development adequately addresses anticipated parking needs for the permitted use. _ 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below. -19- COMMISSIONERS (F MINUTES February 23, 1984 � x _o m city Of New rt Beach > > > n a ROLL CALL V I I INDEX 2. That a minimum of 17 in -lieu parking spaces (i.e. depending upon the final number of available on -site parking spaces) shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the municipal parking lot. 4. That any, trash areas shall be screened from. the adjoining property and from West Coast Highway and Newport Bay. 5. A wash -out area surrounded by 6-inch curbing - or the equivalent and connected directly to the sewer system shall be provided. 6. The -parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 8. The use of valets for parking for. the restaurant operation only, shall be required during all hours of operation. However, the valet parking service shall not restrict or, otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The independently accessible parking spaces shall be clearly designated. The reduced standard size parking spaces of 8� feet in width are acceptable for said independently accessible spaces. 9. That a minimum of one parking space for each 40 sq. ft. of "net public area" and one parking space for each 250 sq. ft. of floor area in the marine hardware building shall be provided. -20- COMMISSIONERS February 23, 1984 K� C v m m Cr in " m City of Newport Beach 10. Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $5,000, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 11. Development of the site shall 'be subject to a grading permit to be approved by the Building and Planning Departments. 12.,.. A grading plan sh'11 include a .complete plan for temporary. and permanent'. drainage facilities, to ;minimize. any potential impacts' -from silt, debris, and other water pollutants. 13.' The grading permit shall include, if required, a description of haul routes, access routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 14. An erosion and dust control plan shall be submitted and be subject to approval of the Building Department. 15. An erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region. 16. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. 17. Final site plans shall be:reviewed and approved by the Traffic Engineer to ensure adequate on -site circulation and sight distance at ingress and egress locations. -21- MINUTES -COMMISSIONERS CMINUTES February 23, 1984 K � m m Cr 2 40 a "a Cit of N rt Beach ROLL CALL INDEX 18. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the municipal parking lot after restaurant hours. 19. That the restaurant shall not be open to the public prior to 5:00 p.m. and shall close no later than 2:00 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. If the boat yard is not open on Saturday, the applicant shall be allowed to serve brunch. 20. Final design of the project shall provide for the incorporation of water -saving devices for project -'"lavatories and other water -using facilities. 21. Prior to.occupancy of any building, the applicants shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 22. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound -attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. The boat yard crane shall be excluded from such requirements. 23. Prior to occupancy of any buildings, a program for the ,sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 24. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). -22- COMMISSIONERS (F ( MINUTES February 23, 1984 x m m Cr a m Cityof Newport Beach (x� _ a ROLL CALL INDEX 25. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 26. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 27. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via -a system designed to avoid surface runoff and overwatering. 28. The landscaping plans adjacent to the drive entrances shall be reviewed and approved by the Public Works Department and the Department of Parks, Beaches and Recreation for sight distance requirements. 29. The project' shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot .lighting shall be subject to approval of the Planning Department. 30. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in accordance with the City Council's Policies K-5 and K-6. 3.1. That grease interceptors shall be installed on all fixtures where grease may be introduced into the .drainage systems in accordance with the provisions of:the Uniform Plumbing Code. 32. The final design of on -site vehicular and pedestrian circulation shall be reviewed and approved by the Public Works Department and the Planning Department prior to issuance of the grading permit. 33. Signing shall be reviewed by the City Traffic Engineer. 34. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. -23- COMMISSIONERS' ' MINUTES February 23, 1984 r y m. Q� v R o � 7c p 01 m s a m City Of Newport Beach ROLL CALL IIN7= 35. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 36. The parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of any grading and/or building permit(s) should the applicant.desire to continue operation of the existing facilities during the construction period. 37. All on -site drainage shall be approved by the City Public Works Department. 38. Prior to issuance of building and/or grading/demolition permits, the Planning Department shall approve a signing program for the proposed project. 39. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall be installed to prevent waste from getting into Newport Bay. 40. An. Army Corps of Engineers permit shall be obtained prior to any reconstruction of bulkheads. 41. That all improvements be constructed as required by Ordinance and the Public Works Department. 42. That an engineering report on the existing bulkhead be prepared by a civil or structural engineer, and that the bulkhead be upgraded in conformance with the recommendation of the engineering report and to the satisfaction of the Building Department and the Marine Department. The top of the bulkhead shall maintain a minimum elevation of 9.00 above M.L.L.W. (6.27 M.S.L.). The design of the new portions of the bulkhead and ramp shall be approved by the Marine Department and the Building Department. -24- -COMMISSIONER21 ( MINUTES February 23, 1984 r � m CO ==�0010111 ity of Newport Beach 43. That a 10-foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project (except in front of the boat launch). Said easement shall also include the 10 foot wide walkway along a portion of the easterly side property line which returns to the existing bulkhead line from the public walkway in front of the restaurant. Said easement shall be improved with a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. In_addition, an irrevocable offer of future dedication for a 10 foot wide access easement shall be granted to the City. Said easement shall be located adjacent to the bulkhead line and in front of theboatlaunch area, and shall be exercised only if the marine repair and crane operation is discontinued. With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees. to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. 44. That a public access easement shall be -granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway to the walkway on the bay. Said easement shall be located and improved in a manner meeting the approval of. the Public Works and Planning Departments. With respect to the public access easements'to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow the applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. The undefined public easement shall be vacated at which time the storm drain easement becomes defined under Condition No. 52. 45. That full width concrete sidewalk be constructed along the West Coast Highway frontage and that any unused drive depressions shall be removed and ��� • •COMMISSIONERS MINUTES February 23, 1984 Cr c m D m City of Newport Beach c o 0 ROLL CALL I INDEX replaced with curb, gutter and sidewalk. That all improvements along West Coast Highway be completed under an encroachment permit issued by the California Department of Transportation. 46. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if'" it is desired to obtain a building permit prior to completion of the public improvements. 47. That the applicant agree to the removal of the on -street parking across the property frontage (approximately 3 parking spaces). 48. Deleted by the Planning Commission. 49. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any -use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restaurant accordingly after 5:00 P.M. 50. That the applicant recognize that at some time in .the future, upon the implementation of the Local Coastal Plan, signage will be regdired on the required access easements. 51. That all conditions of the previously approved Coastal Development Permit 5-82-12 shall be fulfilled. 52. That a 10 foot storm drain easement be granted to the City along the westerly property line. The existing structure may remain in the easement area. If the boatworks are removed.from the site, this easement can serve as the 10 foot public access easement between the public sidewalk and the walkway along the bay. -26- COMMISSIONERS February 23, 1984 MINIIfES m m Cr 5 a 4 City Of Newport Beach 7 O ROLL CALL INDEX 53. That the proposed structure shall not exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. 54. That the Planning Commission may add and/or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use,permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 55. Prior to the issuance of any Building Permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area, and in the Irvine Terrace and Jamboree Road areas. 56. Prior to the issuance of any Building and/or Grading Permit, the applicants shall -pay their "fair -share" of Circulation Systems Improvements for the ultimate circulation system. 57. That the required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:20 p.m. -27- Order No. 471277 SCHEDULE A The estate or --interest in the land -described or referred to in this schedule covered by this report is: a fee Title to said estate or interest at the date hereof is vested in: ELMER JOHN LARSON, A WIDOWER, an undivided 1/2 interest and GWENDOLYN I. SNYDER, A WIDOW, an undivided 1/2 interest The land referred to in this report is situated in the State of Cali— fornia, County of Orange, and is described as follows: The Southeasterly 100.00 feet of the Northwesterly 450.00 feet of Lot "H" of Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in book 29, pages 31 to 34 inclusive of Miscellaneous Naps, in the office of the County Recorder of said county. 7 APR 1980 Date Comments Due: 7 MAY`' N YOU 'ARE 'INVITED TO °COMMENT ON THIS APPLICATION FOR 'A 'PERMIT APPLICANT: Robinson DevelopmentCompany' 363 San Miguel Drive, Suite "E" Newport Beach, California' 92660 APPLICANT'S AGENT: Mr. Edward B. Robinson _ 11 (714) 759-0144 ACTIVITY: Under 'Section 10 of the River and Harbor Act of 1899, the applicant proposes to perform the following:' removetwo(2) existing boat slips and about three (3) concrete guide piles; install two (2) new boat slips, six (6) concrete guide piles, and one (1) gangway; construct one (1)"overhanging building, with six (6) concrete piles •` All work will be done in Lido Channel, Newport Bay, Pacific Ocean, at 2701-2703 West Coast Highway, Lot H, Tract 919, City of Newport Beach, Orange County, California, as shown on the attached drawing. PURPOSE` AND USE: To provide boat docking facilities. FEDERAL, STATE AND LOCAL AUTHORIZATION:, Approvals;'have been received from the City..of,Newport Beach - Marine Safety Department,, Water Quality Control Board ,- Santa Ana Region, and California Coastal Commission- IMPACT ON HISTORIC PLACES AND NATURAL LANDMARK S. The proposed activity is not near any of'the ,sites listed in the National `Register of Historic Places or the National Registry, of Natural Landmarks.,Anyone having knowledge of archaeological, scientific, prehistoric, or historic materials in the immediate area should contact .this office-dur-.ing_the comment _period.. The permit (if issued)+will include a'condition that if potentially significant findings are m e during construction, work shall.be,'s'uspended immediately. The findings r sl4ill,,be,.reviewed,and appropriate action will be taken. ENVIRONMENTAL.,IMPACT: A Preliminary Environmental As,sessment;of the proposed project has determined that some adverse impacts would-occur.The proposed building would be constructed on piling over a mudflat ,.';,The, building. would be ed for'commerci�l= and thusis not water dependent.. The sltruct.ure would s'hadeetl}elmudflatresulting ,:in reduced productivity. Further degradation of the tnudflat would occur"from"runoff `'emanating from he boat stig ,iIg and,works.facility, Removal of exsli.ps would.eii:minate communities of tt d organisms Installation of`12 concrete piling would co�mmunit,ies of attache c th some mortality, of filter -feeding amd� attached:,,., organisms Benthic organisms immediately beneath the p'i13ng would be destroyed Construction activities, would result in a slight temporary impact on local air,quality, aesthetics and noise levels, and may introduce debris into the water. The new piling and' slips would provide substrate for communities of attached., organisms.'' r. < �EWPpR�a. °VIA�� CITY OF NEWPORT BEACH u s CALIFORNIA n�o C�FORN�P MARINE DEPARTMENTcity Hall 3300 Newport Blvd. 70 Newport Pier (714) 673-2110 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Property Address: Zzo ,Legal Description: City Harbor Permit Number: Applicant: �1,4%'�. Applicant's Mailing Address: 100, Applicant's Telephone Number: 45g4-7f33 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part o£' the area covered in the application. and find I They comply with the current adopted Newport Beach General Plan, Zoning ordinance, Subdivision Ordinance, and any applicable specific or precise plans or 0 That a variance or exception has been approved and is final. ti copy of any variance, exception, conditional use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed, and dated. Should Newport Beach adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this developments OHas been determined to be ministerial or categorically exempt. ,as received a final Exemption Declaration or final Negative Declaration (copy attached). OHas received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of Newport Beach. D. Harshbarger Marine Director By: ignt e �p ". Pr'nted name and title of individual signing Date: Attachments 1. 2. 3. 4. NEGATIVE DECLARATION TO: Secretary for Resources FROM: Community Development Dept. X 1416 Ninth Street, Room 1311 City of Newport Beach Sacramento, California 95814 3300 Newport Boulevard Newport Beach, Calif. 92663 M Clerk of the Board of Supervisors P. 0. Box 687 Santa Ana, California 92702 NAME OF PROJECT: Larsons Landing PROJECT LOCATION: 2701-2703•W. Coast Highway, Newport Beach PROJECT DESCRIPTION: The construction of 2, two-story buildings that may include a mixture of retail, office, and light manufacturing uses. FINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: Attached - INITIAL STUDY PREPARED BY: City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard Newport Beach, California 92663 DATE RECEIVED FOR FILING: 4rea4ari o Environmental Coordinator Date: January 25, 1979 C®T Y of /�/Elyoo/Pr BEACH �/rct r to—P Sroe-s a .v�.��t/ o*r i'v � � R TQ � •.�cEOA D j�AN p IO 7 COO& N/ ti V I C I M I TY S k ,E T C W j erer N/wRPorr OAY CAL IPBO&NIA �j V SOLnp�in95 ort e.Xpicssad �� fat>< and ds.,ole Q tiseorr LO wQr Low Wo fer. Mox/.+.cis V � 1.15 ronye of >'idc opprox/�no�s/y �O f«f• Hor6or /.ices VVV � are cajoblr'shQd iir ilh;.s . SCc1---Pr ofNcwporf Bor. V. .:1�''�� j EGG V� O h 117R,4 Cr A,9 4. p� o It � � I RR/YIP, A-VeW6 6P1LG5 7v 4G Ot � Q P✓U/LT /°G,� C/Tim STAN�A�'�5• -- - - _�_► Marine Deparfiillen4 70 Newport tier Nowporl Beach, Ca. 9266 IV 4PP I I % f G-.G�YIL'�. r/OH/V GAf+50N � L r- Bc/r, TRACT V o•4rE`l"�9 ✓o,e AODZCSs2lD/-27D3GUesf CoaSf h�at� C'O"KRAcra� 1J CITY OF NEWPORT BEACH c�111FoVk June 14, 1979 0 Robinson Development Co. 363 San Miguel Dr. Suite E Newport Beach, CA 92660 Attn: Betty Shapiro Dear Ms. Shapiro: As our conversation on June 13, 1979, please find attached the transfer application form and instructions for completing it. When this is returned to us with the required fee of $155.00, the. permit will be transferred. Sincerely, Tony Melum Harbor Inspector Marine Department TM:nn Attachments City Hall 3300 Newport Boulevard, Newport Beach, California 92663 /C.od inson 4AVC[opment Company 363 SAN MIGUEL DRIVE, SUITE E NEWPORT BEACH, CALIFORNIA 92660 EDWARD B. ROBINSON PRESIDENT April 20, 1979 Bob Lenard Senior Planner Community Development Department 3300 Newport Blvd. Newport Beach, CA 92663 SUBJECT: Coastal Commission -Larson Shipyard Dear Bob: (714) 759-0144 Enclosed are three sets of the Larson Shipyard plan which differ from those you have on file in the following respects: A) The new building has been reduced 750 Square feet, from 7380 square feet to 6630 square feet, per requirements of approval. B) The ramp width has been increased from 16 feet to 17 feet,per requirements of the City. C) The dock and slip area has been revised to a more functional design, per suggestion of the Marine Department. Glen Welden, the Tidelands Administrator, also checked with the City Attorney and City Managers prior to approving the revision, to insure that the procedure was correct from his department. What we need now for the Coastal Commission application, per enclosed pages I-7 and A-5, are two sets back, stamped "Approval in Concept" from the City of Newport Beach. The third set I sent along for your files. If this is in order, please stamp and return two sets so that we might go to hearing with the South Coast Regional Coastal Commission. Very truly yours, Edward B. Robinson EBR:ec cc: Glen Weldon VANN BUCCOLA civil engineers April 10, 1979 Mr. Glen Weldon MARINE DEPARTMENT, CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 Dear Glen: Enclosed are 10 copies of the revised dock layout for the Robinson Development Company for your use. Please discard. other sketches. Thank you. Very truly _yours, VANN BU%CCOLA CIVIL ENGITNEERS, INC. l.� r By Jol' C. Vann, Jr., president JCV/pm Enclosure cc: Ted Robinson, Robinson Development Co. ko �' I 1000 Quail Street, Suite 2 qO ❑ N4wport Beach, California 92660 ❑ 714/752-5282 f Memo to File #129-2703 April 9, 1979 0 On March 29, 1979, Ed Robinson brought into this office an application for a revision to Harbor Permit #129-2703. This application was in conjunction with Use Permit #1889 for extensive remodeling of the upland facilities. A condition of the Use Permit was that a harbor permit be obtained for any work over the waters of Newport Bay. Mr. Robinson inquired as to the necessity of submitting the Harbor Permit to the City Council for approval in as much as the work to be performed over the water was discussed and approved by both the Planning Commission on February 8, 1979 and the City Council on February 26, 1979. I discussed this request with. the Assistant City Attorney on March 3, 1979 and he indicated he felt the issuance of the harbor permit without returning to City Council based on previous approvals, would be legally defensible. On April 9, 1979 the City Manager indicated his agreement with this position. Therefore, I will issue an Approval of Concept on April 10, 1979 and will issue the Harbor Permit upon the applicant obtaining approvals from the Coastal Commission and the U. S. Army Corps of Engineers. Glen E. Welden Tidelands Adn-Rnistrator william blurock A partners architects planners michael a. biazek,Za.i.a. associate AgscaenC . s VA�Ir=A EV, , 2300 newport bt7toulevard newport beaohl/ calrfornia 92663 telephone 673- 3OCi/area code 714 STATUS SHEET HARBOR PERMITS LOCATION 0 /174 New 1A.9 x Revision Dredging Date Rec'v r fE' Fee Amt. 1?0 Fee Processed Date Reviewed by M.S.D. Approved Denied Correction Req'd. - Desc. City Council: Approved Denied �'?9 Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C.Or.Co. T.I.C. 1. Application 2. Consent Letter 3. "Waste" Letter 4. Drawings 5. Staff Report 6. 7.` g ell a -n �r x" City Council Meeting February 26, 1979 Agenda Item No. D-3 CITY OF NEWPORT BEACH February 22, 1979 T0: City Council FROM: Department of Community Development SUBJECT: Use Permit No. 1889 Public hearing and City Council review of Planning Commission taken on February 8, 1979, regarding request to permit the construction of 2, two-story buildings that may include a mixture of retail office and light manufacturing uses on a site i'n the Recreation and Marine Commercial area of the Mariners' Mile Specific Plan Area, and the acceptance of an Environmental Document. A modification from the required parking standards is also requested, since a portion of the required offstreet parking spaces.are for compact auto- " mobiles. Existing uses along the West. Coast Highway frontage of the property and a portion of. Latson's Ship - yard facility .are proposed to remain on the site in conjunction with the proposed. development. LOCATION: A portion of Lot H, Tract No. 919 located at 2701-2703. West Coast Highway, on'the southerly.s.ide of West Coast Highway, between Riverside Avenue and Tustin Avenue on Mariners Mile. ZONE: Specific Plan Area No. 5 APPLICANT: Edward B. Robinson, Newport Beach OWNERS: Elmer John Larson, Newport Beach; and Gwendolyn I. Snyder, Balboa Island Application This application is a request to permit the construction of 2, two- story buildings that may include a mixture of retail, office, and light manufacturing uses. In accordance with Section 20.62.040 of the Newport Beach Municipal Code, general retail and service commercial, professional and business offices, and light manufacturing uses shall be permitted in the Recreation and Marine Commercial area of the Mariner's Mile Specific Plan Area, subject to the securing of a use .permit in each case. Use Permit procedures are outlined in Chapter 20.80 of the Municipal Code: A modification from the required parking standards is also requested, since a portion of the required offstreet parking spaces are for com- pact automobiles. Modification procedures are contained in Chapter 20.81 of the Municipal Code. x f( TO: c;i ty Council - 2. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule j the decision of the Planning Commission. Planning Commission Recommendation i At the Planning Commission meeting of February 8, 1979, the Planning Commission voted (6 ayes, 1 no) to approve Use Permit No. 1889 subject to the seven findings and twenty-six conditions of approval as set j forth, in the draft of the minutes which are attached hereto. ' If it is the desire of the City Council to overrule the Planning Commission's decision, the Council may wish to consider the following findings: 1. That the project as designed will eliminate a portion • of the boat repair and drydock facilities currently operating on the site and the approval of this request at this time, preclude the preparation or adoption of'a.Local Coastal. Program. 2. The approval of Use Permit No. 1889, at this, time, will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. i Attached for the information of the City Council, in addition to the minutes noted above, is a copy of the Planning Commission staff report which includes the Negative Declaration and a memo from the Local Coastal Planning Advisory Committee. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By 1r✓• s D. He -wicker ss stant Director -Planning JDH/dlt Attachments for the City Council Only: Draft of excerpt from Planning Commission Minutes of< February 8, 1979 Planning Commission Staff Report dated February 2, 1979 - including attachments. Letter from Wayne and Barbara Bandy Letter from Robert : Earle Plot Plans, Floor Plans, and Elevations k "4t I � 0 1 � \7_�00N' ROLL CALL Motion x Ayes x Noes City of Newport Beach � cy sop cZ February 8, 1979 2 \ INDEX Commissioner Beek then responded that he felt the signs under dcussion would not be a benefit to the community, but unnece�s,ary and confusing additional information. Motion was made at Planning Commission make the following x x x x `x findings x 1. That the request is nsistent with the standards and requirements of the Pl'mned Community Text. 2.` The approval of Use Permit 189 g will not, under the circumstances of this case, be detrimental to the health safety, peace, morals, comfort an eneral welfare of persons residing and working in the .ghborhood or be detrimental.or injurious to property an improvements in the neighborhood or the general welfare f the City. and approve Use Permit No.1899, subject to the follo 'ng conditions: 1. That the wall/signs be in substantial conformance with the approved plot plan and elevations. 2. That the signs shall not be illuminated. Request to permit the construction of 2, two-story buildings Item #7 that may include a mixture of retail, office and light manu- facturing uses on a site in the Recreation and Marine Com- PERMI mercial area of the Mariners' Mile Specific Plan Area, and 1140. 1889 the acceptance of an Environmental Document.: A modification from the required parking standards is also requested, since APPROVED a portion of the required offstreet parking spaces are for CONDI- compact automobiles. Existing uses along the West Coast TIONTLLY Highway frontage of the property and a portion of Larson's Shipyard facility are proposed to remain on the site in conjunction with the proposed development.. Location: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue on Mariner's Mile. Zone: Specific Plan Area No. 5 Applicant: Edward B. Robinson, Newport Beach Owners: Elmer John Larson, Newport Beach; and Gwendo- lyn I. Snyder, Balboa Island ROLL CALL Public hearing was opened in connection with this item and Edward Robinson of Robinson Development Company appeared before the Planning Commission and relayed the general history of the development of the area. He then requested two modifications to the Staff Report. . The first involved the 20' minimal setback requirement for the marine way. He advised that the additional footage was unnecessary due to the maximum 16' cradle width. He concurred, additionally, that due to the 3'-5' space from the water line to the end of the porch, workers' working room would be adequate with 17' setback for the marine way. Mr. Robinson's second modi fication request involved a deletion of the Staff's suggest reduction in the floor space of the proposed building of at least 750 sq. ft., or a deletion of Staff's suggested 38 offstreet parking spaces. Mr. Edward Sands, Architect, next appeared before the Plan- ning Commission to introduce himself and to express his willingness to answer any questions regarding the asthetics of the project. He informed the Planning Commission that i the 750 sq. ft. is eliminated, the office building would no be economically feasible and the shipyard would not be able to function. Mr. Robinson again approached the Planning Commission to co cur that the yacht sales alternative would not be economic advantageous, and an office building denial would not allow the shipyard to exist, also due to economics. Richard Hogan, Director of Community Development, advised that a 17' minimal setback might limit the boatyard opera- tion. Commissioner Haidinger expressed his general opposition re- garding the attempt to inforce continued participation.in particular business, if economics dictate otherwise._ He al commented that in this particular project he felt that it should be the landowner's responsibility to provide adequa parking. Mr. Larson, owner, appeared before the Planning Commission assure them that the fascia on the west porch would extend. no less than 7' above the grade of the ramp. ' There being no others desiring to appear and be heard on tF item, the public hearing was closed. -19- a ed f t all any so to to to e r r" he INDEX COMMISSIONERS �.. ( MINUTES City of Newport Beach 02 February 8, 1979 I CALL f :ion `, x Motion was made that Planning Commission make the following �s x x x x x x findings: s x 1. That the proposed use is consistent with the Land. Use Element of the General Plan and the provisions of the Mariner's Mile Specific Area Plan, and is compatible with surrounding land uses. 2. That the project has been designed to preserve a por- tion of an existing boat yard currently operating on t site and the approval of this request will not preclud the preparation or adoption of a Local Coastal Program 3. That based on the information contained in the Initial Study and mitigation measures indicated in the Negativ Declaration, the proposed project will not result in a significant adverse environmental effect. 4. - That the proposed retail and commercial office uses of the site are in conjunction with one or more incentive uses as defined in Section 20.62.070 of the Municipal Code and that the incentive use occupies a substantial portion of the site including parking for the incentiv use. 5. That the Negative Declaration and Initial Study are cc plete and have been prepared in compliance with the• California Environmental Quality Act, and that their contents have been considered in decisions on this prc 'ect 6. That the establishment of compact parking spaces will not, under the circumstances of the particular case, b detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental o injurious to property and improvements in the neigh- borhood or the general welfare of the City and furthe that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 7. The approval of Use Permit No. 1889 will not, under t circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general wel i fare of persons residing and working in the neighbor- hood or be detrimental or injurious to property and improvements in the neighborhood or the general welfar of the City. -20- 0 �� _7 C, City of Newport Beach i o February 8, 1979 ti ROLL CALL INDEX and approve Use Permit No. 1889, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the design of the off-street parking lot shall be subject to further review by the City Traffic Engineer , and approval by the Director of Community Development. Said plan shall provide one parking space for each 250 sq. ft. of retail or marine sales, or office uses and two parking spaces (including one loading space) for Larson's Boat Yard on the site. A maximum of 25 percent of the required offstreet parking spaces may be for compact automobiles: 3. That the proposed boatslips bayward of the property shall be utilized for boat sales or the boatyard. No Commercial slips shall be permitted, unless the re- quired number of offstreet parking spaces and restroom facilities are provided. 4. That a minimum setback of 17 feet shall be maintained for the marine way and a 40 foot setback for the stor- age track, free and clear of any obstructions. 5. A Harbor Permit shall be secured for the proposed con- struction of the project over the water. 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. 7. That the applicant shall provide for weekly debris clean-up under the proposed water -front building.. 8. That the site, with the exception of the marine way, shall be graded to drain to blest Coast Highway. 9. That the applicant shall install and maintain catch basins on site which prohibit debris and residue from th boat yard entering the bay. Said basins shall be subjec to the approval and inspection of the Marine Department. 0. That the parking areas shall be vacuum swept on a weekly basis. 1. That the applicant shall install and maintain grease traps in the parking lot, 21 CONIMISSIONEFtS V I pity of Newport each February 8, 1979 ROLL CALL INDEX 12. That prior to the issuance of any Demolition, Grading or Building Permits a plan shall be approved by the California Regional Water Quality Board to insure that no siltation, construction debris or other foreign material is permitted to enter the bay during construc- tion. 13. That all grading shall be done in accordance with plans approved by the Building Official. The site shall be graded to drain away from the bay. 14. That an erosion and dust control plan shall be submitted with the plan for the Grading Permit or Building Permit, whichever is applicable. 15. That should the boatdocks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms shall be provided in accordance with.the City's Harbor Permit Policies. 16. That the existing boat docks shall comply with City standards and regulations. 17. That the owner shall grant public access rights to the City and enter into an agreement with the City to keep. the proposed boardwalk free from obstructions and to re- pair and keep the boardwalk in a good and safe condition at his sole cost and expense. 18. That the proposed ground sign shall be setback a minimum of 5 feet from the back of the sidewalk along West Coast Highway. 19. Offices that do not provide direct services to the pub- lic or which are not ancillary to or otherwise permitted uses shall not occupy any first floor space. 20. That all on -site landscaping shall be installed in ac- cordance with a plan prepared by a licensed Landscape Architect. Prior to the occupancy of the building the Landscape Architect shall inspect said landscaping and certify to the Director of Community Development that the landscaping has been installed in accordance with the prepared plan. -22- ROLL CALL 21. That all improvements be constructed as required by Ordinance and the Public Works Department. 22. That the proposed driveway approach on West Coast High- way have a width of 30 feet. 23. That the existing unused driveway approaches be closed up with curb and gutter and sidewalk. 24. That all work in West Coast Highway be done under an encroachment permit issued by the California Department of Transportation. 25. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer and that the.bulkhead be repaired in conformance with the recommendations of the.condi- tion. 26. That the fascia on the west porch shall extend to no less than 7' above the grade of the ramp. Planning Commission recessed at 10:30 p.m. and reconvened at 10:35 p.m. Request to permit the construction of an office building that Item #8 _ exceeds the basic height limit within the 26/35 Foot. Height Limitation District, and the acceptance of an environmental USE PERMIT document.' A modification to the. Zoning Code is also request- NO. 1898 since a portion of the structure, offstreet parking spaces raand, oat crane encroach into the required 5 foot front APPROVED rse ck along 20th Street. Furthermore, a portion of CONDI- e struct encroaches to the southerly sideproperty line TIONALLY (where the OrdK��ance requires a 3 foot side yard setback). A portion of the isting Pacific Tides Marine boat repair and drydock is propo' d to remain on the site in conjunction with the proposed development. Location: Lot 13, B1ocQ, Section A, Newport Beach, and property bayward of Lot 13 to the U.S. Government Bulkheade, located at 220 20th Street, on the westerly e of 20th Street, on The Rhine Channel, on th�alboa Peninsula. -23- TO: Planning Commission - 3 Lot size (100' x,240' ±) 24,000 sq. ft. Proposed building adjacent to Newport Bay 2,400 sq. ft. of floorarea First floor for retail or marine sales and restroom facilities 2,580 sq. ft. of floor area Second floor for retail or marine sales, office uses, and restroom facilities; and open balcon- ies along Newport Bay. Proposed building on south- easte'rly portion of the property portions of 16 offstreet parking First floor spaces and related aisle, covered 1 by second floor of proposed structure 2,400 sq. ft. of floor area for Second .floor retail or marine sales, office. uses, and restroom facilities '. Total floor area of proposed _7,380 sq. ft. buildings (excluding park- ing spaces and open walk- ways and stairways) Proposed building heights 26 feet (measured from grade to the top of.flat portions of roofs) Height Limitation Zone 26/35 Proposed setbacks Front (West Coast High- 112 feet + way side) Northwesterly side yard 22 feet ± (first floor of build- ing adjacent to Newport Bay); 16 feet + (second floor of sub- ject bui,Tding) Southeasterly side yard 10 feet 6 inches + (both pro- posed structures) 10 feet from bulkhead line, ex- �. Newport Bay side cept that open balconies on the second floor of the pro- posed structure encroaches to within 5' of said bulkhead like a u, ff l TO: Planning Commission - 4 Existing building (to remain. on the site) First and second floors 1,600 sq. ft. + of floor area for retail or marine sales' and restroom facilities. First floor 1,000 sq. ft. + of manufactur- ing floor area and restroom facilities for existing Lar- son`s Shipyard use Existing building setbacks (to remain on the pro- perty) Front,(West Coast High- 0 feet way side) Northwesterly side yard 63 feet + `Southeasterly side yard 0 feet - 6 feet Newport Gay side. 189 feet + Required setbacks Front (West Coast High- 10 feet (i.e. 50'percent of the way side) lot ,.frontage);-5-feet (i.e. the remaining 50 percent of said ;. frontage) Side yards no setbacks, except as may be re- quired by the Planning Commis- sion in granting a use permit _ Newport Bay side no setback from the bulkhead line, except as may be required by the Planning Commission in granting a use permit Total floor area for retail 8,980 sq. ft. or marine sales, or .office uses Required parking Retail or marine sales, 35.92, or 36 spaces (8,980 or office uses sq. ft. 250 = ,36 spaces) Manufacturing use one parking space and one loading space (the Code re- quires one space for each 2,000 sq. ft. of gross floor area and one loading space for each 10,000 sq. ft. of gross floor area) a - TO: Planning Commission - 5 Boat slips bayward of the see requirements below site Total parking requirements, ex- 38 spac_es, including one load- cluding spaces for boat ing space slips ' Proposed parking spaces 35 parking.spaces, including 10 compact spaces Vehicular access one 25 foot wide driveway for a ingress and egress to West Coast Highway Buildable area 23,250 sq. ft. + Allowable buildable area 0.5 x the buildable area of the site, or 11,625,sq. ft. + of floor area ! Proposed buildable area 10,3$8 sq. ft. ±, or 0.45 x the buildable area of the pro- perty Proposed landscaping landscape planter areas through- -out the proposed common park- C; ing lot (23 percent + of the parking area), including 10. foot - 20 foot wide landscape planters along the West Coast Highway frontage of the site { (50 percent of: ;the required set- back from West Coast Highway); a 16 foot + view corridor along the northwesterly side property line to Newport Bay; and a 10 foot wide public walkway along the Newport Bay frontage of the site Required landscaping a minimum of 10% of the paved parking area; and a minimum of 50% of the" area of the required setback from.W. Coast Highway Proposed signs one 8 foot high, double-faced (i.e. 48 sq. ft. per face) ground sign along the W. Coast Highway frontage of the pro- perty, 35 sq. ft. ± multi - tenant wall signs on the build- ings. Said signs meet the pro- visions of the City's Sign Code. 5 TO: Planning Commission - 8 2. That the project has been designed to preserve a portion of an existing boat yard currently operating on the site and the approval of this request will not preclude the preparation or adoption of a Local Coastal Program. 3. That based on the information contained in the Initial Study and mitigation measures indicated in the Negative Declaration, the proposed project will not result in a significant adverse environmental effect. 4.. That the proposed retail and commercial office uses of the site are in conjunction with one or more incentive uses. as defined in Section 20.62.070 of the Municipal Code and that the incentive use occupies a substantial portion of the site including parking for the incentive use. 5. That the Negative Declaration and Initial Study are complete and have been prepared in compliance with'the California Environmental. Quality Act, and that their contentshave been..considered in decisions on this project. 6. That the establishment of compact parking spaces will not, under the circumstances of the particular case,-be,detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurioustopro- perty and improvements in the neighborhood, or the general welfare of the City and further that the proposed modifi- cation is consistent with the legislative ,intent of Title 20 of this Code. 7, The approval o pp f Use Permit No. 1889 will not, under the circumstances of this case, be detrimental to the health, safety, peace,.morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Approval of Use Permit No. 188.9 is recommended, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the design of the off-street parking lot shall be subject to further review by the City Traffic Engineer and approval by the Director of Community Development. Said plan shall provide one parking space -For each 250 sq. ft. of retail or marine sales, or office uses and two parking spaces (including one loading space) for Larson's Boat Yard on the site. A maximum of 25 percent of the required offstreet parking spaces may be for compact automobiles. TO- Planning Commission - 9 3. That the proposed boatslips bayward of the property shall be utilized for boat sales or the boat yard. No commercial slips shall be permitted, unless the required number of offstreet parking spaces and restroom facilities are pro- vided. 4. That a minimum setback of 20 feet shall be maintained for the marine way and a 40 foot setback for the storage track, free and clear of any obstructions. 5. A Harbor Permit shall be secured for the proposed construc- tion of the project over the water.' 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. 7. That the applicant shall provide for weekly debris clean- up under the proposed water -front building. 8. That the site, with the exception of the marine way, shall be graded to drain to West Coast Highway. 9. That the applicant shall install and maintain catch basins on site which prohibit debris and residue from the boat yard entering the bay. Said basins shall be subject to the approval and inspection of the Marine Department. 10. That the applicant shall install and maintain grease traps in the parking lot. 11. That the parking areas shall be vacuum swept on a weekly, basis. - 12. That prior to the issuance of any Demolition, Grading or Building Permits a plan shall be approved by the Cali- fornia Regional Water Quality Board to insure that no siltation, construction debris or other foreign material is permitted to enter the bay during construction. 13. That all grading shall be ,done in accordance with plans approved by the Building Official. The site shall be graded to drain away from the bay. 14. That an erosion and dust control plan shall be submitted with the plan for the Grading Permit or Building Permit, whichever is applicable. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms shall be provided in ac= cordance with the City's Harbor Permit Policies. 4 u' "TO: Planning Commission -.10 1.6. That the existing boat docks shall comply with City standards and regulations. 17. That the owner shall grant public access rights to the City and enter into an agreement with the City to keep the proposed boardwalk free from obstructions and to re- pair and keep the boardwalk in a good and safe condition at his sole cost and expense. 18. That the proposed ground sign shall be setback a minimum of 5 feet from the back of the -sidewalk along West Coast Highway. 19. Offices that do not provide direct services to the public or which are not ancillary to or otherwise per- mitted uses shall not occupy any first floor space. 20. That all on -site landscaping shall be installed in ac- cordance with a plan prepared by a -licensed Landscape Architect. Prior to the occupancy of the building the Landscape Architect shall inspect said landscaping and certify to the Director of Community Development that the landscaping has been installed, in accordance with the prepared plan. 21. That all improvements be constructed as required by Ordinance and the Public. Works Department. 22. That the proposed driveway approach on West Coast High- way have a width of 30 feet. 23. That the existing unused driveway approaches be closed up with curb and gutter and sidewalk. 24. That all.work in West Coast Highway be done under an encroachment permit i'ssued.by the California Department of -Transportation. 25. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer and that the bulkhead be repaired in conformance with the recommendations of the condition F C_ � �.. .. ►z �. 5 F 'il L. .i 11 i L Y L V L wwrqyy TO: Secretary for Resources FROM: Community Development Dept. 51 1416 Ninth Street, Room 1311 City of Newport Beach Sacramento, California 95814 3300 Newport Boulevard Newport Beach, Calif. 92663 ` Clerk of the Board of Supervisors P. 0. Box 687 Santa Ana, California 92702 NAME OF PROJECT: Larsons Landing PROJECT LOCATION: 2701-2703-W. Coast Highway, Newport Beach PROJECT DESCRIPTION: The construction of 2, two-story buildings `that may include { a mixture of retail, office, and light manufacturing uses. - FINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the C-alifornia Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will.not have a significant effect on the environment. MITIGATION MEASURES: Attached - INITIAL STUDY PREPARED BY: City of Newport Beach iNITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard Newport Beach, California 92563 DATE RECEIVED FOR FILING: 4ea4ar o Environmental Coordinator Date: January 25, 1979 _ r k- Use Permit 1889 (Rev-) LARSON'S LANDING MITIGATION MEASURES 1. A Harbor Permit be secured for the proposed construction of the project over the water. 2. The property owner approve the transfer of the Harbor Permit to the applicant. 3. A provision for weekly debris cleanup under the proposed water -front buildings be made. 4. Parking space be provided in accordance with the standards of the Newport Beach Municipal Code and with the approval of the Public Works Department. 5. The site be graded to drain to toast Highway. 6. The applicant provide on -site retention basin5 (i.e. grease traps) and for, their maintenance. 7. The site be subject to a grading permit to be approved by the Department of Community Development. 8. _.An erosion and dust control, plan be submitted with the grading permit application and be subject to the approval of the Community Development Department. 9. The erosion and siltation.control plan be approved by the California Regional Water Quality Control Board -Santa Ana Region ' and that the plan be submitted to said Board ten days prior to any construction activities. 10.- The applic'ant provide for weekly vacuum sweeping of all surface parking areas. 11.. The applicant provide an on -site retention basin (i.e. debris catch basin) -- in the boat ramp area to prevent debris from entering the bay, and to provide for continuous maintenance, subject to Marine Department inspection. 12. The final design of the project provide for the sorting of recyclable materials from other solid wastes. 13.- During construction activities that debris be prevented from entering the bay through the use of traps and containment booms provide subject to the approval of the Community Development Department and Marine Department. 14. The existing bulkhead be certified safe for the proposed building by a Registered Engineer. 15. The proposed marine service and repair facility be continued on the site as indicated by the site plan. 16. The applicant provide for public restrooms with outside access. 17. The final design of the parking lot be approved by the City's Public Works Department. 2 Y 3 " i5 Community Development tZI Lpeprtraent of d VAIE January 31, 1979 10: Planning Commission FROM: Local Coastal Planning Advisory Committee S116J LCT : Use Permit No. 1882, 2701 & 2703 West Coast Highway ,r Dear Commissioners: ' The Local -Coastal Planning Advisory Committee does not have the authority to accept or reject individual proposals which may be brought before the Planning Commission. However, in general, the committee feels that boat yards are more coastally-dependent than office buildings, and for this reason would discourage their conversion. ' While we acknowledge the joint building and boat yard use of the revised Larson project, we are concerned about its setting a precedent which would result in future diminished boat services in a harbor with approximately 10,000 boats. It would seem important to assess the demand for facilities such as boat yards as well as to determine the revenue they generate so as to ascertain whether or not the City needs .to adopt new policy about boat yard conversions. We hope the Commission, when it makes its decision on this and future projects, considers the following sections of the Coastal Act: "Coastal -dependent development shall have priority over other developments on or near the shoreline (30255). "Facilities serving the commercial fishing and recreational boating .�� industries shall be protected and, where feasible, upgraded. Existing .commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry. (3-234) "Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas., increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas', and in areas dredged from dry land. (30224)" -1_ 777 . :.r. . ...'.- ': ::' :. �, .. e*'��. _' Y . .. _. .. :;rd.. ., . µ, . ., rv....7 .—V.... ...r fh . J'kYAs......u..�iS .s�.t.YJ�(�^• City Cot,,ncil Meeting February 26, 1979 �' •,;2'�..-'"' Agenda Item No. D-3 CITY OF NEWPORT BEACH � 'r�ffA- � C 1 1 C0 k NC 1 L woEET / tJ G hrt 1 �J t4-r' z%S 1 l 9 wA4tC4+ �--A/ZSO/J HIPY/}RD IQw�cor,%r,�6W n A-r1 TO: City Council fii+" bIscu VSe0 Pri- ASPEG'TS OF € e FROM: Department of Community Development CfiE� S� SUBJECT: Use Permit No. 1889 Public hearing and City Council review of Planning Commission taken on February 8, 1979, regarding request to permit the constructi-on of 2, two-story buildings that may include a mixture of retail , office and light manufacturing uses on a site in the Recreation and Marine Commercial area of the Mariners' Mile Specific Plan, Area, and the acceptance of an Environmental Document. A modification from the required parking standards.is also requested, since a portion of the required offstreet parking spaces are for compact auto - mobiles. Existing uses along the West Coast Highway fro-ntage of the property and a portion of Larson's Ship- yard facility are proposed to remain on the site in conjunction with the proposed development. LOCATION: A portion of Lot H, Tract No. 919, located at 2701-2703 West Coast Highway, on'the southerly.s.ide of West Coast. Highway, between Riverside Avenue and. Tustin Avenue on Mariners'' Mile. ZONE: Specific Plan Area No. 5 APPLICANT: Edward B. Robinson, Newport Beach OWNERS: Elmer John Larson, Newport Beach; and Gwendolyn I. Snyder, Balboa Island Application „ This application is a request to permit the construction of 2, two. - story buildings that may include a mixture of retail, office, and light manufacturing uses. In accordance with Section 20.62.040 of the Newport Beach Municipal Code, general retail and service commercial', professional and business offices, and light manufacturing uses shall be permitted in the Recreation and Marine Commercial' area of the Mariner's Mile Specific Plan Area, subject to the securing of a use permit in each case. Use Permit procedures are outlined in Chapter 20.80 of the Municipal Code. A modification from the required parking standards is also requested, since a portion of the required offstreet parking spaces are for com- pact automobiles. Modification procedures are contained in Chapter 20.81 of the Municipal Code. ROLL Motion Ayes Noes a L • Commissioner Beek then responded that he felt the signs under discussion would not be. a benefit to the community, but unnecessary and confusing additional information. x Motion was made that Planning Commission make the following x x x x x x ings: x 1. Tha Ihe request is consistent with the standards and require is of the Planned Community Text: 2. The approval se Permit No. 1899 will not, under the circumstances of ij' case, be detrimental to the health safety, peace, morals, omfort and general welfare of „persons residing and wor in the neighborhood or be detrimental or injurious to oerty and improvements in the neighborhood or the genera welfare of the City. and approve Use Permit No. 1899, subject to following conditions: 1. That the wall/signs be in substantial conformance H' the approved plot plan and elevations. 2. That the signs shall not be illuminated. Request to permit theconstruction of 2, two-story buildings that may include a mixture of retail, office and light manu- facturing uses on a site in the Recreation and Marine Com-.. mercial area .of the Mariners' Mile Specific Plan Area, and the acceptance of an Environmental Document. A modification from the required parking standards is also requested, since a portion of the required offstreet parking spaces,are for compact automobiles. Existing uses along the West Coast Highway frontage of the property and.a portion of Larson's Shipyard facility are proposed to remain on the site in conjunction with the proposed development. Location: A portion of Lot H, Tract No. 9195 located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue on Mariners Mile. Zone: Specific Plan Area No. 5 Applicant: Edward B. Robinson:, Newport Beach Owners: Elmer John Larson, Newport Beach; and Gwendo- lyn I. Snyder, Balboa Island INDEX Item rr7 USE PERMI'' N APPROVED CONDI- TIONALLY -16- CO IMISSiONJERS Vic` O� City, of Newport eo INDEX ROLL CALL Public hearing was opened in connection with this item and Edward Robinson of Robinson Development Company appeared before the Planning Commission and relayed the general history of the,development o; the area. He then requested two modifications to the Staff Report. The first involved the 20' minimal setback requirement for the marine way. He advised that the additional footage was unnecessary due to � the maximum 16' cradle width. He concurred, additionally, that due to the 3'-5' space from* the water line to the end of the porch, workers' working room would be adequate with a 17' setback for the marine way. Mr. Robinson's second modi- �. ' fication request involved a deletion of the Staff's suggested reduction in the floor space of the proposed building of at least 750 sq . ft., or a deletion of.Staffs suggested 38 offstreet parking spaces. Mr. Edward Sands, Architect, next appeared before the Plan- ning Commission to introduce himself and to express his willingness to answer any questions regarding the asthetics of the project. He informed the Planning Commission that if a the 750 sq. ft. is eliminated, the office building would not ! be economically feasible and the shipyard would not be able to function. Mr. Robinson again approached the Planning Commission to con- cur that the yacht sales alternative would not be economically advantageous, and an office building denial would not allow the shipyard to exist, also due to economics. i I Richard Hogan, Director of Community Development, advised ` that.a 17' minimal setback might limit the boatyard opera- tion. Commissioner Haidinger expressed his general opposition re- garding the attempt to inforce continued participation in any particular business, ii economics dictate otherwise. He also commented that in this particular project he felt that it should be the landowner's responsibility to provide adequate parking. Mr. Larson, owner, appeared before the Planning Commission to assure them that the fascia on the west porch would extend to no less than 7' above the grade of the ramp. i There being no others desiring to appear and be heard on this item, the public hearing was closed. a -17- C'V{YNIMISSIONF-RS 2 ROLL CALL Motion x Ayes xx xxxx Noes x j ,/gyp" � � NilIiNUT CY. it' of p INDEX Motion was made that Planning Commission make the following findings: 1.. That the proposed use is consistent with the Land. Use Element of the General Plan and the provisions of the` Mariner's Mile Specific Area.Plan, and is compatible with surrounding land uses. 2.That the project has been designed to pr es,erve a por- Lion of an existing boat yard currently operati'ng on th site, and the approval of this request wi.lT'i not preclude the preparation or adoption of a Local Coastal Program.. 3. That based on the information contained inl' the Initial Study and mitigation measures indicated in, the Negative Declaration, the proposed project will not result in a significant adverse environmental effect. 4. That the retail and commercial office uses. of proposed the site are in conjunction with one or more incentive uses as defined in Section 20.62.070 of the Municipal Code and that the incentive use occupies a substantial portion of the site including parking for�the.incentive use. 5. That the Negative Declaration and Initial ,Study`are com plete and have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in decisions on this pro- ject. 6. That the establishment of compact parkinglspaces. will ' not, under the circumstances of the particular case, be detrimental to the health, safety, peace,',comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neigh borhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 7. The approval of Use Permit No. 1889 will not., under the circumstances of this case, .be detrimentalto the health,.safety, peace; morals, comfort and general wel- fare of persons residing and working in the neighbor- hood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -18-. ROLL CALL • and approve Use Permit No. 18$9, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations,' except as noted below. 2. That the design of the off-street parking lot shall be subject to further review by the City Traffic Engineer. ' and approval by the Director of Community Development. Said plan shall provide one parking space for each 250 sq. ft. of retail or marine sales, or office uses and two parking spaces (including one loading space) for Lars.on's Seat Yard on the site. A maximum of 25 percent of the required offstreet parking spaces may be for compact automobiles. 3. That the proposed boatslips baywar.d of the property shall be utilized for boat sales or the boat yard. No ( commercial slips shall be permitted, unless the re- } quired number of offstreet parking spaces and restroom 1 facilities are provided. That a minimum setback of 17 feet shall be maintained for the marine way and a 40 foot setback for the stor- age track, free and clear of any obstructions. 5. A Harbor Permit shall be secured for the proposed con- structi.on of the project over the water. 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. 7.That the applicant shall provide. for weekly debris clean-up under the proposed -water -front building.° 1 8. That the site, with the -exception of the marine way, f shall be graded to drain to West Coast Highway. 9. That the applicant shall install and maintain catch basins on site which prohibit debris and residue from the boat yard entering the bay. Said basins shall be subjec� to the approval and inspection of the Marine Department. f 0. That the parking areas shall be vacuum swept on a I weekly basis. 1. That the applicant shall install and maintain greasy traps in the parking lot.` -19- CbMMISSIONERs MINUTES City of Newport Beach v � y 0 GCS OZ � ROLL CALL . 12. That prior to the issuance of any Demolition, Grading or Building Permits a plan- .shall be approved by the California Regional Water Quality Board to insure that no siltation, construction debris or other foreign ...material is permitted to enter the bay during construc- tion. 13.. That all,grading shall be done in accordance with plans approved by the Building Official. The site shall be graded to drain away from the bay. 14.' That an erosion and dust contral plan shall be submitted with the plan for the'Grading Permit or. Building Permit, whichever is applicable. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards : or boat sales, parking and restrooms shall be provided in accordance with the City's Harbor Permit Policies. 1E.. That the existing boat docks shall comply wit z y. standards and regulations. 17... That the owner shall grant public access rights to the . City and enter into an agreement with the City to keep the proposed boardwalk free from obstructions and to re- pair and keep the boardwalk in a good and safe condition at his sole cost and expense. 18. That the proposed ground sign shall be setback a minimum of 5 feet from the back of the sidewalk along West Coast Highway. 19. Offices that do not provide direct services to the pub- lic or which are not ancillary to or otherwise permitted uses shall not occupy any first floor space. 20. That all on -site landscaping shall be.installed in ac- cordance with a plan prepared by a licensed Landscape Architect. Prior to the occupancy of the building the Landscape Architect shall inspect said landscaping and. certify to the Director of Community Development that the landscaping has been installed in accordance with the prepared plan. ' • -20 CCI,J,,I!SSIONEFiS rC O A o Z Z ROLL CALL INDEX ' 21. That all improvements be constructed as required by Ordinance and the Public Works Department, 22. 'That the proposed driveway approach on West Coast High- way have,a width of 30 feet. 23. That the existing unused driveway approaches' be closed up with curb and gutter and sidewalk. 24. `That all, work in West Coast Highway be doneunder an .encroachment permit issued by the California Department of Transportation. 25. That a condition survey of the existing .bulkhead along the bay side of the property be made by a civil or structural engineer and that the bulkhead.be repaired in conformance with. the recommendations of the condi- tion. 9 j. � 26. -that the fascia on the west porch shall extend to no less than 7' above the grade of the ramp. Planning Commission recessed at 10:30 p.m. and.reconvened at 10:35 p.m. Request to permit the construction of an office building that Item'f8 exceeds the basic height limit within the 26/35 Foot Height. Limitation District, and the acceptance of an environmental USE PERM cement. A modification to the Zoning Code -is, also .request- �lO. I898 ed ce a portion of the structure, offstrezt parking spacers. and a t crane encroach into the required 5 foot front APPROVED CONDI- yard set along 20th Street. Furthermore, a portion of the strutter ncroaches to the southerly side property line TZONALLY ' (where the Ordir� ce requires a 3 foot side yard setback). A portion of the e ting Pacific Tides Marine boat.repair and drydock is propose to remain on the. site in conjunction . with the proposed develop, t. Location: Lot 13, Block 22 , ection A, Newport Beach, 'property andba ar Lot 13 to the U.S. Jn^� Government Bulkhead Linz located at 220 20th Street, on the westerly sia� f ?_Oth Street, on The Rhine Channel, on the oa Peninsula. t -21- NA E' ADDRESS OF PROPOSED FACILITY r�nm�i CIENT MARINER - 2827 J�' Coast Hw N.B.. MAILING A DRESS''- - TELEPHON' FEE CHECK NO. DATE 2862fMc6aw Ave., Irvine 549-9322$346 7119 /13/7b DA A APPROVED BYE DATE APPLICATION IS HEREBY MADE FOR HARBOR PERMIT TO L' f ❑ CONSTRUCT/19-111- A seawall & pilings >a7� OCHD AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF -ENGR ❑ NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING -COUNCIL BY Pat Scheer (Architect) COMPANY --PUBLICWORKS ❑ DATED 6/16/75 - DEPT. 6 16 7 5 ❑ DATE / - ESCROW �'� INSPECTION ❑ SIGNATU - - SPECIAL CONDITIONS: } CITY OF NEWPORT BEACH. CALIF. i wx FORM 68,1011 ' KA NCIENT MARINERi�RINE� ADDRESS OF PROPOSECI D FALITY ' j PERMIT # MAILING _-ADDR SS- - TELEPHO - FEE CHECK NO.- DATE. 286 Mc-94w Ave., Irvin 549- 2 �3-4 7119 6/16f k APPROVED BY, DATE - APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO`- -OCHD El CONSTRUCT/R6Ni&.E A - - - -- AT THE ABOVE LOCATION IN ACCORDANCE WITH THE. CITY OF - -.ENGR NEWPORT.. BEACH PERMIT POLICIES -AND THE ATTACHED DRAWING,- - El Pat S t ear (Archi e ) .-COUNCIL B,Y - COMPANY 6/16/76 -AT.-- PUBLIC WORKS DEPT. - - - DATE ,:ESCROW; >7 NSP ECTION -- SIGN ATU� -:❑ .- - ESPECIAL CONDITIONS:- i r` s i ' CITY OF NEWPORT BEACH, CALIF. wx FORM 68.1010 "Eimer John Larson T Crlyder- MAIL G ADORES 2701 Coast Hwy. El OCHD ENGR F]— COUNCIL ❑ .PUBLIC WORKS DEPT. ❑— ESCROW ❑ INSPECTION — SPECIAL CONDITIONS 701—`. \I. oas . Hwy. LAG-WL t 1. Zff ,2/ V� TELEPHONE NO. FEE C�H6CI�ryw./pPY7 DATE 46-7833 $190. l ((�'t('�' Max. 29,1979 APPLICATION IS HEREBY MADE FOR A ARBOR PERMIT TO CONSTRUCT/REVISE A Shipyard/Retail Shops AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING .William Blurock By COMPANY March 13, 1979 DATED j�/(�y'('�}'� - DATE a"`"rch 2 979 fin• SIGNATURE 0 1 - CITY OF NEWPORT BEACH, CALIF. -� WX FORM 6B-1010 CI1 _ . OF NEWPORT BEA.,H COUNCILMEN REGULAR COUNCIL MEETING Place: Council. Chambers Time: 7: 30 P.M. oni i rni 1 \ s Date: February 26, 1979 MINUTES INDEX Present x x x x x x x A. Roll Call. B. The reading of the Minutes of the Regular Meeting Motion x of February 12, 1979 was waived, and the Minutes All Ayes were approved as written and ordered filed. C. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk All Ayes was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding District proposed Ordinance No. 1797, being, Map 30 0-1797 AN ORDINANCE OF THE CITY OF NEWPORT (1767) BEACH AMENDING A PORTION OF DIS- TRICTING MAP NO. 30 TO RECLASSIFY FROM THE R-3-B-2 DISTRICT TO THE A-P DISTRICT CERTAIN PROPERTY LOCATED AT 2222 'UNIVERSITY DRIVE AND ACCEPT- ING THE ENVIRONMENTAL DOCUMENT (Planning Commission Amendment No. 520), A request of James F. Deane, Newport Beach, to amend a portion of Districting Map No. 30 from the R-3-B-2 District to the A-P District, and the acceptance of an Environmental Docu- ment on 'property located at 2222 University Drive on the northerly side of University Drive, easterly of Irvine Avenue, adjacent to the Orange Coast YMCA. A Traffic Study for a 69,720 Sq. ft. office building complex located at 2222 University Drive, on the northerly side of University Drive, easterly of Irvine Avenue, adjacent to the Orange Coast YMCA, was presented. A report was presented from the Community Devel- opment Department. A letter received after the, agenda was printed was I presented from Dr. John Chiu opposing the develop- ment. Motion x Jim Deane, developer, addressed the Council and All Ayes was granted an additional minute for his presenta- tion. Dick Hunsaker, engineer for the developer, ad- dressed the Council and answered questions regard- ing the development's proximity to the flood control channel. The following people addressed the Council in opposition to the development: Mrs. Hagenbaugh representing the Four Fours Association; George Oschner; Webster Hopkins: Virginia Oschner; B. J. Stansbury; and James Kling. I i Volume 33 -Page 43 � CIT Y OF' NEWPOIRT BEACH COUNCILMEN G ?s .n .� ROLL CALL, S February 26. 1979 MINUTES INDEX Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x Mayor Pro Tern Williams made a motion to accept the environmental document and to adopt Ordinance No. 1797 eliminating Condition No. 20 which had been imposed by the :Planning Commission and go back to the original site plan, and including an additional condition that landscaped berms be pro- vided and maintained so parked cars will not be visible from Back Bay Drive. Councilman Heather asked that the motion be amended to change Condition No. 2 in accordance with the City's policy as far as paleontological findings are concerned, which amendment was ac- cepted by the maker of the motion. Ayes x x x x x x A vote was taken on Mayor Pro Tern Williams Noes x motion, which motion carried. 2. Mayor Ryckoff opened the public hearing regarding Council review by the City Council of a request of Latham Right of Perkins, Ed Ziemer, Paul Balalis, Anthony Vasi, and Review/ Charles Pigneri, Newport Beach, to permit the UP 1898 construction of an office building that exceeds the (3188) basic !height limit within the 26/35 Foot Height Limitation District, and the acceptance of an environmental document (Use Permit No. 1898). A modification to the Zoning Code is also requested since a portion of the structure, off-street parking spaces and a boat crane encroach into the required five foot front yard setback along 20th Street. Furthermore, a portion of the structure encroaches to the southerly side property line (where the Ordinance requires a three foot side yard setback). A portion of the existing Pacific Tides Marine boat repair and drydock is proposed to remain on the site in conjunction with the proposed development, on property located at 220 - 20th Street, on the westerly side of 20th 'Street, on the Rhine Channel, on the Balboa Peninsula; zoned C-2. A report was presented from the Community Devel- opment Department. David Dmohowski, Advance Planning Administrator, addressed the Council and responded to questions regarding the Local Coastal Plan and stated that the Plan was not close enough to completion to estimate a date for its presentation. Latham Perkins, one oil the applicants, addressed the Council. Motion x The hearing was closed after it was determined that Ayes x x x x x :x no one else desired to be heard. Noes x Motion x The decision of the Planning Commission was sus - Ayes x x x x x tained, with the exception that the building will be Noes x x made to comply with the height limit, and Use Permit No. 1898 was approved. Volunne 32 - Page 44 CIT`__:OF NEWPORT REAC-,.. COUNCILMEN ROLL CALLC Motion Ayes Noes Motion All Ayes Motion Ayes Noes x x x x x xl x x x x x x x x1 x x Motion x 1 Ayes x x X f x Noes xl-�x x MINUTES INDEX 3. Mayor Ryckoff opened the public hearing regarding Council review by City Council of a request of Edward B. Right of Robinson, Newport Beach, to permit the construe- Review/ tion of two 2-story buildings that may include a UP 1889 mixture of retail, office and light manufacturing (3182) uses on a site in the Recreation and Marine Commercial area of the Mariners' Mile Specific Plan Area, and the acceptance of an Environmental Document (Use Permit No. 1889). A modification from the required parking standards is also re- quested, since a portion of the required off-street parking spaces are for compact automobiles. Exist- ing uses along the West Coast Highway frontage of the property and a portion of Larson's Shipyard facility are proposed to remain on the site in conjunction with the proposed development, located at 2701-2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue on Mariner's Mile; zoned Specific Plan Area No. 5. A report was presented from the Community Development Department. David Dmohowski, Advanced Planning Administra- tor, addressed the Council in response to questions regarding the reduction in the shipyard facility. Edward B. Robinson, applicant, addressed the Coun- cil and was granted three additional minutes for his presentation. The hearing was closed after it was determined that no one else desired to be heard. Councilman Strauss made a motion to overrule the decision of the Planning Commssion and deny Use Permit No. 1889 with the following findings: (a) That the project as designed will eliminate a portion of the boat repair and drydock facili- ties currently operating on the site and the approval of this request at this time precludes the preparation or adoption of a Local Coastal Program. (b) The approval of Use Permit No.1889, at this time, will under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. The motion failed. Councilman Heather made a motion to sustain the decision of the Planning Commission and approve use Permit No. 1889, which, motion carried. Volume 33 - Page 45 CITY OF NEWPORT 6LACCH COUNCILMEN MINUTES yG y +1 , y�d�, -A -1' C� � °T y s ' on! ! rni i cS INDEX E. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1790, being, Elections 0-1790 AN ORDINANCE OF THE CITY OF NEWPORT 02F) BEACH AMENDING CHAPTER 1.25 OF TITLE 1 OF THE NEWPORT BEACH MUNICI- PAL CODE ENTITLED "MUNICIPAL CAM- PAIGN CONTRIBUTION AND EXPENDITURE CONTROL." Motion x Ordinance No. 1790 was adopted. All Ayes F. CONTINUED BUSINESS: 1. A proposed ordinance, being, Bluff Dev Regulations AN ORDINANCE OF THE CITY OF NEWPORT 0-1798 BEACH AMENDING SECTION 20.51.080 TO (3061) THE NEWPORT 'BEACH MUNICIPAL CODE ENTITLED "DEVELOPMENT OF BLUFF SITES" (RELATING TO PLANNED COMMUNITIES), Planning; Commission Amendment No. 515, initiated by the City of Newport Beach to consider an amendment to Title 20 adopting regulations for blufftop developments in Planned Community Districts, and the acceptance of an environmental document. A report was presented from the Community Development Department. The Council agreed to take straw votes on the portions of the ordinance where alternate options I had been given. The title and overall application of the ordinance was considered with numbers assigned as follows: (a) Coastal, or water front, bluffs, as designated in a referenced bluff areas map. (b) Title and application as presented, bluff sites relating to planned communities. (c) No planned community reference, covering all bluffs. Ayes x x x x A vote was taken on Option (a), which carried. Noes x x x Ayes x A vote was taken on Alternate I (Coastal Commis - Noes x x x x x x sion) of 20.51.080 (a), which failed. Ayes x x x x x x A vote was taken on Alternate II (Commissioner Noes x Beek) of 20.51.080 (a), which carried. Motion x Mayor Pro Tern Williams made a motion to adopt Ayes x x ix x x x Alternate II (Councilman Williams ) of 20 .51.080 (d), Noes x which motion carried. Volume 33 - Page 46 CIT-r OF NEWPORT 6EA(.,N COUNCILMEN MINUTES �C y O(\ y i pni i rAl i� INDEX Motion x Mayor Pro Tern Williams made a motion to adopt Ayes x x x x x Alternate II (Commissioner Beek) of 20.51.080 W Noes x x which motion carried. Motion x Mayor Ryckoff made a motion to adopt Alternate II Ayes x x x x x x (Staff) of 20.51.080 (g) (3), which motion carried. Noes x After discussion, a vote was taken on a motion by Motion x Councilman McInnis that 20.52.080 (i) read as follows: Ayes x x x x x "For the purpose of regulating groundwater condi- Noes x x tions, landscape plans and selection of native or other drought resistant, plant material for those areas immediately adjacent to the bluffs," which motion carried. Motion x Councilman Hummel made a motion to introduce Ordinance No. 1798 and set for public hearing on March 12, 1979. Keith Greer, representing The Irvine Company, ad- dressed the Council objecting to portions of the ordinance. All Ayes A vote was taken on Councilman Hummel's motion, which motion carried. 2. A report was presented from the Public Works Council Department regarding Council Policy S-1, "Adminis- Policy/ trative Procedures for implementing the Traffic Traffic Phasing Ordinance." Phasing (430F) Gordon Jones addressed the Council in connection with the proposed procedures and certain changes recommended by him, and Bob Break, an attorney, spoke opposing the ,basic ordinance. Motion x Mr. Jones was granted ten minutes for his presenta- All Ayes i tion. Jean Watt for LEAF and SPON addressed the Council and stated she preferred version A or B of the procedures, and Dan Emory spoke in favor of the proposed procedures. Motion x Councilman Hart made a motion to adopt the procedures as set forth in Attachment "B", eliminat- ing II B 6 and 7 and setting 95% as the incremental increase to be used in III B. Motion x Councilman Hummel made a substitute motion to adopt Attachment "A" using 70% as the incremental figure in III B. Mayor Pro Tern Williams asked that the motion be amended to eliminate II B 6 and 7 and to insert wording in IV A, regarding grading permits, to read, "Grading permits may be issued prior to performance of the traffic analysis if vesting rights associated with grading are waived by applicant," which amend- ments were accepted by the maker of the motion. Volume 33 - Page 47 Ci TY OF' NEWPORT BEACH COUNCILMEN MINUTES �� yes,, 0 Ir ROI I CALL..:IM 1070 INDEX Ayes x x x x A vote was taken on Councilman Hummel's motion, Noes x x x which motion carried. 3. A report: was presented from the Public Works Curb Cut/ Department regarding the application of Mr. and Mrs. Ocean Blvd Darwin Britvich to construct a 25-foot-wide drive- (3180) way and curb cut at 2901 Ocean Boulevard, Corona del Mar. Dick Dodd, architect for the applicant, addressed the Council. Motion x The application was approved as recommended, with Ayes x x x X x x the height of the building; to be the same as the curb Noes x height. 4. City Arts Commission: City Arts Comsn The Council agreed that the method of voting for the (120F) nominees whose names had been presented would be to assign the green lights to one candidate and the. red lights to the other. Accordingly, the red lights were assigned to Janet L. Ennis and the green lights to Carol Lynn Smith, and Janet L. Ennis was Red x x x x x x x appointed to fill the unexpired term of Mitch Green Teemley ending June 30, 1980. 5. (District 1) Councilman Strauss' appointment of Carol Litter McDonald to replace Nancy Moore as a member of Control the Litter Control Citizens Advisory Committee for a CAC term ending December 31, 1979, and the postponement (2046) Motion x of a replacement for Betty Hogan to March 26, were A1. Ayes % confirmed. 6. (District 2) Councilman McInnis' appointment of CEQAC Anita Ferguson as a member of the Environmental (1058) Quality Citizens Advisory Committee to fill the Motion x unexpired term of Ocee Ritch ending December 31, All Ayes 1979 was confirmed. G. CURRENT BUSINESS: 1. A report was presented from the Public Works Curb Cut/ Department regarding the application of Mrs. Goldie Balboa Blvd Joseph to construct two curb cuts for one lot at 925- (3198) 27 East Balboa Boulevard. Motion x The application for the curb cuts was approved. All Ayes 2. A report was presented from the Traffic Affairs Parking Committee regarding proposed parking prohibitions Prohibitions on certain street portions in Newport Shores. (440F) The recommendations of the Traffic Affairs Commit - Motion x tee were approved to prohibit 'parking on one side of All Ayes the following street portions located between Coast Highway and Newport Shores Drive: Colton Street, Lugonia Street, Walnut Street and Cedar Street. Volume 33 - Page 48 Cl( OF NEWPORT RE4.�H COUNCILMEN F y 0� y S Rnt l CALL\ Ft-hrimry 74_ 1979 MINUTES INDEX 3. A report was presented from the Community Devel- Tract 10587 opment Department regarding the Final Map of Tract 10587, a request of Daon Corporation, Newport Beach, to approve a final map to subdivide 6.804 acres into one lot to permit the conversion of the existing Versailles -on -the -Bluffs multiple -family resi- dential units into a residential condominium complex. Property located at 901 Cagney Lane, on the south- easterly corner of Hospital Road and Superior Avenue in the Planned 'Community of Versailles -on -the - Bluffs, zoned P -Cs Motion x The Final Map of Tract No. 10587 was approved Ayes x x x x x incorporating by reference the conditions recom- Noes x mended by the Planning Commission; and Resolution Abstain x No. 9515, approving the agreement with the Daon Corporation for construction of improvements in Tract 10587, and authorizing the Mayor and City Clerk to execute the agreement, was adopted. 4. A report was presented from the Parks, Beaches and Marinapark Recreation Commission regarding Marinapark Capital (209F) Improvements and recommending the deletion of a proposed restroom from the Marinapark tot lot. Motion x The recommendation for the deletion of the restroom All Ayes from the tot lot was approved. 5. A report was presented from the Parks, Beaches and Polaris Pub Recreation Director regarding the public access Access stairway from Polaris down .to Upper Newport Bay. Stairway (3197) E. P. Benson, representing the Dover Shores Home- owners Association, addressed the Council requesting details of implementation, and was advised he should contact the County with his questions. Motion x The public access stairway was approved in concept, All Ayes and the Orange County Harbors, Beaches and Parks District was requested to administer the project for which they have allocated $5,000 in their current budget. 6. A report was presented from the Parks, Beaches and City -owned Recreation Commission regarding a change in the Property/ Balboa Island Park Capital Improvement project from Agate Av BI a proposed two-story structure to an open space (1721) green area along the Agate Avenue ferry approach. Motion x The recommendation of the Parks, Beaches and All Ayes Recreation Commission regarding the Agate Avenue property was referred to the Balboa Island Improvement Association for recommendation. CONSENT CALENDAR: Motion x The following actions were approved by one motion All Ayes al firming the actions on the Consent Calendar: Volume 33 - Page 49 cr f Y OF' NEWPORT BEACH COUNCILMEN s � ?ice �A`���'� v� vG 22 0/11 I /'AI 1 7�T r_t___.._�__ �1s. in'9n MINUTES INDEX 1. The following ordinance was introduced and set for public hearing on March 12, 1979: (a) Proposed Ordinance No. 1799, being, AN Npt Center ORIDINANCE OF THE CITY OF NEWPORT Block 800 BEACH ESTABLISHING A PLANNED P-C Dev COMMUNITY DEVELOPMENT PLAN AND Plan DEVELOPMENT STANDARDS FOR BLOCK 800 0-1799 IN NEWPORT CENTER AND THE (3181) ACCEPTANCE OF AN ENVIRONMENTAL ]DOCUMENT, Planning Commission Amendment No. 526, a request of Pacific Mutual Life Insurance Company to establish a Planned Community Development Plan and Development Standards for Block 800 in Newport Center and the acceptance of an Environmental Document on property located at 800 Newport Center ]Drive, on the westerly side of Newport Center �Drive, northerly of Santa Barbara Drive in Newport Center; zoned P-C. (A report from the Community Development Department) AND A request of The Irvine Company to reallocate 66,015 sq. ft. of proposed office building devel- opment from Block 500; 58,680 sq. ft. from Pacific Coast Highway East and West; and 44,010 sq. ft. from Avocado/ MacArthur; and at the option of The Irvine Company and Pacific Mutual, prior to recordation of the parcel map, the reallocation from either Block 500 or Block 700 of 93,280 sq. ft., making 350,000 sq. ft. available for potential office building. Addi ' - tionally,The Irvine Company requests that 4,156 sq. ft. of space be reallocated from Pacific Coast Highway East and West, 1,511 sq. ft. of space from either Block 500 or Block 700, at their option, be reallocated to Block 800 in Newport Center to allow for the construction of a 10,000 sq. ft. restaurant which would contain a maximum of 5,667 sq. ft. of net public area. 2. The following resolutions were adopted: (a) Removed fro:ai the Consent Calendar. (b) Resolution N.).9516 authorizing the Mayor and Traffic City Clerk to execute a Signal Maintenance Signal Agreement between the City of Newport Beach Maintenance and the City of Costa Mesa covering the R-9516 operation and maintenance of traffic signals (1352) under shared jurisdiction. (A report from the Public Works Department) 3. The following communications. were referred as indi- cated: (a) To staff for reply, a letter from C. P. Avery about the boatyards which are going out of business and suggesting the City look into the possibility of acquiring waterfront by purchas- (20) ing the properties. (Attached) Volume 33 -Page 50 COUNCILMEN CIT- , OF NEWPORT REAL A MINUTES ROLL CALL 0 (b) To staff for reply, a letter from the City of San Jose regarding campaign spending limitations with questions concerning the effectiveness of Newport Beach's ordinance. (Attached) (c) To staff for inclusion in ongoing study, a letter from James Beam, Mayor Pro Tern of Orange and a member of the South Coast Air Quality Management District, offering assistance in briefing the Council in the requirements for implementing the clean air program. (Attached) (d) To staff for attendance, a letter from the State Department of Transportation regarding the Route 55 Transportation Study which will be held on Wednesday, February 28 at the Costa Mesa City Hall. The purpose of the meeting is to discuss the scope of the Study in relation to the future needs along Newport Boulevard from the Pacific Coast Highway north to Bristol Street. (Attached) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A copy of a letter to Mr. R. S. Jack from Community Cablevision Company advising that their community association has always had the opportunity to have an association membership at a reduced monthly rate. (Attached) (b) A letter to the City from the Newport Crest Homeowners Association expressing apprecia- tion of the City and staff members for their assistance in resolving the serious erosion prob- lem. (Attached) (c) A copy of a letter to the City of Santa Ana from the Orange County Division of the League of California Cities regarding their partial payment of dues. (Attached) (d) Notice of hearing before the Local Agency Formation Commission regarding a proposed annexation to Costa Mesa Parks and Recreation District designated Pacific -Canyon Island/Sun- set Bluffs Annexation located northerly of Victoria Street. (Attached) (e) A letter to the City Clerk from Senator John G. Schmitz stating that if the matter of a new State Highway District for Orange County is proposed to the Senate for vote that he will support the measure. (Attached) (f) A resolution from the cities of Garden Grove and Westminster requesting the State Legisla- ture to adopt legislation creating a new State Highway District' consisting solely of Orange County. Volume 33 - Page 51 INDEX (750) (2526) (282) (6) (2529) (20) (1680) (1680) CITY OF' NEWPORT BEACH COUNCILMEN ti G�,A Oni I r`AI I �V' Tr'ol�r�e�r�� 14: IQ7Q MINUTES INDEX (g) A resolution from the City of Garden Grove endorsing the Emergency Medical Services Plan for Orange County, and the submittal of a Grant Application for the implementation of (1744) the Plan. (h) Resolutions from the cities of Anaheim and Brea establishing strong opposition to involun- tary interschool district busing of school children and supporting a Senate Constitutional Amendment prohibiting the practice. (3187) (i) Resolutions of the cities of Garden Grove and Westminster declaring opposition to metropoli- tan: -type desegregation plans in general and the proposed metropolitan plan submitted by Judge (3187) Paul Egly in particular. (j) A resolution from the City of Huntington Beach requesting the County of Orange to discontinue selling or giving away animals for research (862) purposes. (k) Notice of resetting the hearing before the Public Utilities Commission in the matter of Michael A. Kadletz dba Goodtime Tours and Company for a certificate of public necessity for sightseeing tours between Buena Park, Anaheim and Newport Beach and Laguna Beach. (20) (1) Agenda of the Board of Supervisors meetings of February 13, 14, 20 and 21, 1979. (20) 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of John Bell for personal injuries and. Bell property damage allegedly resulting from his (3189) arrest by a Newport Beach Police Officer on December 14, 1978 at the Tyler Mall in the City of Riverside. (b) Claim of William C. Bretthauer for reirhburs e- Bretthauer .ment of fees for towing and storage which (3190) occurred on February 12, 1979 when Colton Street was under repair and he alleges that he did not receive notice that he would be unable to park on the street. (c) Claim of Denise C. Lawrence for reimburse- L"awrence ment of towing fees from Lafayette and Villa (3191) Way on February a6, 1979, and she is alleging that there was no reason as she did not see any signs prohibiting parking. (d) Claim of Bernard L.and Lillian Saxon for a Saxon transfer fee charged by the City of Newport (3192) Beach on the transfer of their mobilehome which they are alleging is in violation of the California Civil Code, Section 789.7 (a) and 789.8. 1 Volume 33 - Page 52 C I 1T \ T- O F ill 11Y�.I P O R T ®E ALo'H COUNCILMEN << ,A ROLL CALL moo' MINUTES INDEX ----I ---, -- � - .(e) Claim of Shell Oil Company for property damage to Shell Oil their building at 990 E. Coast Highway on (3193) January 24, 1979 when a City trash truck allegedly collided with an overhanging eave on the service station building. (f) Claim of Florence Toscano for personal injuries Toscano when she tripped and fell while crossing the street (3194) at 406 Orchid Avenue in Corona del Mar on November 12, 1978, which she alleges was caused by concealed holes in the street. 6. There were no Summons and Complaints. 7. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Police Clerk I position in the Police Depart- ment to fill a position now vacant. (b) One Equipment Operator I position in the General Services Department to fill a position now vacant. (c) One Laborer position in the General Services Department to fill a position now vacant. 8. Remotsed from the Consent Calendar. 9. Set.for public hearing on March 12, 1979: (a) Planning Commission Amendment No. 527, a re-. Npt Center quest initiated by the City of Newport Beach to Civic Plaza consider an amendment to the Civic Plaza Planned (2285) Community Development Plan to require the pre- paration of a traffic phasing plan and possible reduction in allowable intensity of development and the acceptance of an Environmental Document. Property. bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive, and Santa Barbara Drive in Newport Center; zoned P-C. (A report from the Community Development Depart- ment) 10. The plans and specifications for the Storage Facility 16th Utilities Street Utilities Yard, Contract No. 2057, were approved; Storage and the City Clerk was authorized to advertise for bids Yard .to be opened at 2:30 p.m. on Wednesday, March 14, 1979. (2199) (A report from the Public Works Department) 11. The plans and specifications for the Ramp Reconstruc- Npt Pier tion Newport Pier, Contract No. 2072, were approved; Ramp and the City Clerk was authorized to advertise for bids Reconstruc- to be opened at 2:30 p.m. on March 15, 1979. (A report tic n from the Public Works Department) ' 1 (3196) 12. The plans and specifications for the Traffic Signal at Traffic Newport Boulevard and 32nd Street, Contract No. 2076, Signal were approved; and the City Clerk was authorized to (3195) advertise for bids to be opened at 10:30 a.m. on March 20, 1979. (A report from the Public Works Department) Volume 33 - Page 53 C1rY COUNCILMEN OF NEWPORT BEACH MINUTES Rnl I C01 I 'c I0•70 INDEX 13. The Mayor was authorized to send a letter indicating the Oil City's opposition to the proposed sale of oil and gas Sanctuary leases on the Outer Continental Shelf (OCS #48) for Legislation offshore Southern California. (Copy of letter attached) (106) 14. The following maintenance dredging harbor permits were Harbor approved, subject to the conditions of approval listed in Permits the general permit issued to the City by the Corps of (304F) Engineers: (A report from the Marine Department) Lido Isle Community Association: #172-409, 409 Via Lido Soud # 172-901, 901 Via Lido Soud # 173-395, 395 Via Lido Soud #175/326, 326 Via Lido Nord #175-338, 338 Via Lido Nord #175-410, 410 Via Lido Nord 15. The staff was authorized to proceed with the solicitation Balboa of bids for the Balboa Pier Concession to be opened on Pier March 27„ 1979 at 10:00 a.m. Concession IY26) 16. Acceptance .by the City Council of the offer of the Newport Harbor Jaycees of a teletypewriter unit. 17. The questionnaire on reclaimed wastewater was approved Wastewater and the staff was directed to return the questionnaire to (576) the Orange County Grand Jury. (A report from the Utilities Director) 18. The following budget amendments were approved: BA-042, $485.00 increase in Budget Appropriations for the repair of Marinapark office roof which was damaged in recent storm from Unappropriated Surplus to Marinapark Services - Professional, Technical, etc., Mar- inapark Fund. BA-043,$4,000.00 increase in Budget Appropriations for the City's share of the cost of a new meter at the CM-1 water service connection in Corona del Mar from Unappropriated Surplus to Water -Water Meter at CM-1 , Water Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: !. A report was presented from the Fire Department Weed concerning the Weed Abatement program, supporting the Abatement suggestion of The Irvine Company that a special commit- (150F) tee be formed to investigate alternate weed abatement practices, and stating that the Fire Department would like to be a member of the committee. Motion x The Fire Department report was received and ordered All Ayes filed, and the Environmental Quality Citizens Advisory Committee was asked to appoint a member to the proposed committee and to keep the Council informed. � I Volume 33 - Page 54 CITY OF NEWVPORT 6EAt,,H COUNCILMEN MINUTES INDEX .., . 2. A report was presented from the City Librarian Library regarding the Santiago Library System Lay Advisory (474) Board. Motion x A proposed resolution. appointing a member and All Ayes alternate member to the Santiago Library System Lay Advisory Board was postponed to March 12. J. ADDITIONAL BUSINESS: Motion 1. The City Attorney was authorized to advise the All Ayes x Attorney General that the City of Newport Beach wishes to have its name used as an amicus party in the appeal of Toso v. City of Santa Barbara. There being no further business to come before the Council, the Mayor adjourned the meeting at 12:15 a.m. February 27,1979. I I I Volume 33 - Page 55 � p i DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O.. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Jfte SPLCO-N Public Notice No. 75-185 28 August 1975 YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Ancient Mariner -Rusty Pelican, Inc. - 2862 McGaw Avenue Irvine, California 92664 AGENT: Development Pacific Corporation 17305 Daimler Street Irvine, California 92705 ACTIVITY. Construct a new 2-story restaurant on`wood platform over wood piles at 12'-18' on center and wood bulkhead at 2827 W. Coast` Highway, Lot H, Tract No. 919, Newport Bay, City of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. Bulkhead to be water -tight to prevent entry of fill material into navigable waters. PURPOSE AND USE: To provide a commercial restaurant. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approval will be required from the California Coastal Zone Conservation Commission prior to issuance of permit ENVIRONMENTAL FACT: This office does not intend to prepare an Environmental Impact Statement on this activity unless significant detrimental `effects are brought to our attention. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30)- calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and _utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced _against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservationc values, andeconomics, aesthetics, general environmental conc tion,slandSuse1classification, navigation, wildlife values, flooddamage p and, in general, the needs and recreation, water supply, water quality, permit welfare of the people. Details of changed conditions on the final4 action will. be provided upon request. -r- FOR THE DISTRICT ENGINEER: - JD�,fTIO(yQ - ROBERT H. REINEN LTC, CE o` i Deputy District Engineer CITY OF - NEWPOk f . ®EACH HARBOR APPLICiAhON NO. FACIM. t4 HIOWWAY 'I e ~ N - E Al New��w♦ *r s - a 77 e�'�r�y _0 AAG80A D /IftIto 1 .40 R PEL ",Ot - PAP.latace 60'(' � t'AIWhYoj wfsr -srrr ,VICINITY Jr K E TC.H Nrwvoar BAY, Cat eioQNrq > yr / J(rrJ Sound/ngs are /n Qe� and c'snole expressed bAI"w /-?� /oW,r. Lo'w -le%��r_ - Mor,..,ui►s STATUS SHEET HARBOR PERMITS LOCATION 2-7' ... "' «410'%..-" .,New Revision Dredging Date Rec'v /� 77 S Fee Amt. Fee Processed 4___ '—"— Date Reviewed by M.S.D. % •- Approved Denied Correction Req'd. - Desc. City Council: Apprved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.I.C. 1. Application 2. Consent Letter 3. "Waste" Letter r. 4. Drawings r' 5. Staff Report •.,, r 7. 8. REMARKS �,II I iIJ I li, i �': 1 ', ". 1 \. 1 I, f F I� t I � 11: i I I �i I f i II ` j I �:. . CR® ELINwPRINGLE AND ASSOCIATES,INC. URBAN TRANSPORTATION A N O TRAFFIC ENGINEERS 1146 YORBA LINDA BOULEVARD July 10, 1975 PLACENTIA, CALIFORNIA 92670 Mr. Dick Booth Project Manager Development Pacific Corporation 770 S. Arroyo Parkway Pasadena, California 91105 Dear Mr. Booth: TELEPHONE (7143 993-4130 This letter summarizes our findings and conclusions relative to the traffic and parking provisions for the proposed Rebecca's Restaurant in Newport Beach. The study is based upon our proposal to you of July 8, 1975. Project Description Rebecca's Restaurant will be located in the City of Newport Beach on Coast Highway at Riverside Avenue. Rebecca's will be adjacent to the Rusty Peli- can Restaurant and American Marine.Limited, and will share.a common parking area with these two businesses. The restaurant will have 190 to 200 seats, with a gross area of 6,500 square feet. Existing Traffic Traffic to the restaurant will primarily use Coast Highway. This highway is a four -lane divided highway with parking on both sides. It currently carries 51,000 vehicles per day in the summer and 44,000 in the winter. The hourly variation of traffic in the summer is as shown in Table 1. From Table 1 it can be seen that eastbound traffic is greater in the morning, westbound traffic in the evening. The morning peak occurs between 8 and 9 AM, evening peak from 4 to 5 PM. and a midday peak occurs from 12 noon to 1 PM. The midday peak is greater than the morning peak and only three percent less than the evening peak. Traffic Generation The firm of Crommelin-Pringle and Associates recently examined trip genera- tion rates for restaurants in the Newport Beach area. Restaurant traffic peaks at noon and in the early evening, which are the most critical periods, from a traffic standpoint. Table 2 indicates the total daily trip genera- tion rate for restaurants as well as the traffic which will be generated during the noon and PM traffic peak. Traffic volumes during the AM peak CPHR' OFFICES IN LOB ANGELES AND ORANGE COUNTIES Mr. Dick Booth Development Pacific Corporation are negligible. In addition to trip generation rates, Table 2 lists the number of trips which will be produced by Rebecca's Restaurant. Table 2 Trip Generation for Rebecca's Restaurant (6,500 square feet of floor) TIME PERIOD TRIP GENERATION RATES TRIPS GENERATED (Trips per 1,000 square feet of floor) 1 Daily 50.0 325 Noon'. to 1 PM 8.0 50 4 to 5 PM 8.0 50 Traffic Imvact When the 325 daily trips generated by the restaurant are added to the Coast Highway's 51,000 daily volume, the increase is 0.64 percent. The 50 trips during the noon and PM traffic peaks represent a 1.5 percent increase during the noon peak, and 1.4 percent increase during the evening peak. For per- spective, the accuracy of a traffic count is plus or minus five percent. In addition,'.the'monthly variation throughout the year is 15 percent, and the daily variation within a week is 20 percent. The increase in traffic from the project from one to two percent will not be detectable. Parking Considerations Rebecca's Restaurant, the Rusty Pelican Restaurant, and American Marine Limited will share a common parking area. This joint parking area has been designed with the following consideration in mind: 1. Minimize bhe probability of traffic queueing into the street while one or more vehicles wait for another vehicle to maneuver in or out of a parking stall. 2. Provide adequate interior circulation so that'no vehicle will;.need to enter the street and re-enter the parking area to look for a parking space. It will be possible to go between any two points within the parking area without entering the street. 3. Eliminate all "dead-end" aisles to prevent becking in the aisles. and trapping vehicles when no parking space is available. There will be a total of three curb cuts or access points on Coast Highway. The two outside drives. will be one-way exits only, and the center will be Mr. Dick Booth Development. Pacific Corporation a two-way signalized entrance and exit. The signal is now existing. This will result in a reduction in the number of driveways and reduce po- tential traffic congestion. Without the shared parking and driveways, two driveways would be required for both the Rusty Pelican and Rebecca's, and one for American Marine. Conclusions The project is not considered to have a significant effect upon the environ- ment from a traffic standpoint for the following reasons: 1. Traffic volumes from the project represent a negligible (1.5 per- cent maximum) increase in traffic on Coast Highway. 2. The project results in a reduction in the number of driveways on this section of Coast Highway and thereby reduces the potential for congestion and accidents. 3. The parking plan will provide adequate parking and allow completely internal circulation between parking areas. 9c 4e 'fie 4e 9e �@ �b o8 It has been a pleasure working on this project. If you have any questions or need further assistance, please do not hesitate to contact us. Respectfully submitted, CRONMELIN-PRINGLE AND ASSOCIATES, INC. A's Weston S. Pringle, P.E. Vice President WSP:sd #5400 Table- 1 oex Volumes on Pacific Coast Highway at Site Location HOUR BEGINNING EASTBOUND WESTBOUND TOTAL 12 Midnight 340 515 5 855 525 1 AM 200 25 237 2 AM 82 63 105 3 AM 42 45 85 4 AM 40 107 227 5 AM 120 455 810 6 AM 355 910 1970 7 AM 1 060 1090�'� 2520%� 8 AM 1 860 2200 9 AM 1340 1510 3135 10 AM 1340 ' 1580 " 3450 11 AM 1870�� 1790 ��, 3525* 12 Noon 1735 1762 3482 1 PM 1720 1758 3398 2 PM 1640 1935 3585 3 PM 1650 2000 �� 3650* 4 PIS 1650 �� 1860 3630 5 PM 1770' 1440 2835 6 PM 1395 1290 2645 7 PM 1355 1165 22TO 8 PM 11 05 1130 2135 9 PM 105 1045 1790 10 PM 745 870 1510 11 640 — TOTAL ; .24; 914 25,660 50,574 AM, PM, and Noon Peak Hours Volumes were for Wednesday, July 172 1974: SOURCE: City of Newport Beach - 3 A single species of mollusc, the little neck clam Protothaca staminea was found in the deeper sulfide sands. Concentrations of this species were estimated to be 10 to 20 individuals per meter square. Mytilus edulis was found sparsely scattered throughout the area where attachment to concrete rubble and debris was possible. Burrows characteristic of the large elusive polychaete worm Arenicola sp, were observed throughout the area, indicating a concentration of of substantially less than one per meter square. Low Tide Horizon. The- low tide horizon was characterized by the same algal -polychaete mat assembledge as the mid -tide levels, although the surface was substantially softer due to accumulation of silt. The area adjacent to the waters .edge at low tide supported an unidentified red alga in addition to sea lettuce , another identified green_ alga, and 22 species of animals. Among these were a sponge of the genus Haliclona, a cnidarian Corymorpha : palma,'the moss animal Holoporella brunnea and 7 species of annelid worms. The snapping shrimp Betaeus longidactylus and purple shore crab Hemigraspus nudes were among the arthropods noted. Molluscs were represented by the slipper shell Crepidula onyx, dog whelk Nassarius tegula and again the bay mussel and little neck clam. The hairy chiton Mopalia muscosa, sea squirt Styela clava and `two fishes, the arrow goby Clevelandia ios and an unidentified sculpin completed the inventory. As observed in the mid -tide zone, the only pelecypod mollusc found within the sulfide sediments was Protothaca . Extralimital Observations Organisms observed on sea walls to the east and west of the proposed con- struction site, but not at the site itself, included -dense aggregations of the barnacles Balanus amphitrite and B. glandula, a chiton Nuttalina sp. , several species of the limpet Collisella and a single speciment of the giant green sea. anemone Anthopleura xanthogrammica . It is anticipated that these species among others will colonize any suitable substrates introduced by the construction project. EXHIBIT I Following is a listing of the scientific names,",common names and relative abundance of marine organisms observed at the Project Area on 13 June 1975: E Scientific Name *Relative Abundance Common Name HIGH TIDE HORIZON ALGAE Chlorophyta, unid. green' alga C Enteromorpha sp, green alga P ARTHROP ODA Hemigrapsus nudus purple shore crab P MID -TIDE HORIZON ALGAE Chlorophyta, unid, green alga C Enteromorpha sp, green alga C Ulva sp . sea lettuce P t NEMATODA Nematoda, unid, round worm C ANNELIDA I OLIGOCHAETA Oligochaeta, unid. ` worm P. P OLYCHAETA Arenicola sp. lug worm C Boccartia hamata polychaete worm P Capitella capitata polychaete worm C Cirriformia luxuriosa polychaete worm P Cirriformia spirobranchia polychaete worm P Ctenodrilus serratus polychaete worm P Exogorie sp . polychaete worm P Haploscoloplos elongata polychaete worm C Hemipodus borealis polychaete worm P Neanthes sp. _ polychaete worm P Nerinides acuta polychaete worm P Polydora ligni polychaete worm A *P = Present C = Common` A =Abundant EXHIBIT I Page 2. Scientific Name Common Name *Relative Abundance ANNELIDA (Cont) ` POLYCHAETA (Cont) Polydora sp• polychaete worm A Serpulidae, unid fan worm p Spirorbidae, unid. „ polychaete worm C ., ARTHROPODA Caprella sp. skeleton shrimp p Corophium sp- amphipod p Harpacticoida , unid copepod A Hemigrapsus nudus purple shore crab C Leptochelia sp • isopod p t` MOLLUSCA GASTROPODA I ' Acteocina inculta rice snail p Crepidula onyx slipper snail p ' Haminoea virescens bubble snail p P ELECYP ODA Mytilus edulis bay mussel C Protothaca staminea common little -neck clam C LOW TIDE HORIZON f•� ALGAE Chlorophyta, unid, green alga C Rhodophyta, unid.' red alga p Ulva sp. sea lettuce C P ORIFERA Haliclona sp. sponge P CNIDARIA Corymorpha palma sea palm P NEMATODA Nematoda , unid. round worm C BRYOZOA Holoporella brunnea moss animal p ANNELIDA Arenicola sp. lug worm C Capitella capitata polychaete worm p Eteone ? californica polychaete worm p Exogone sp. polychaete worm p Polydora sp • polychaete worm C Serpulidae, unid. fan worm C Spirorbidae, unid. polychaete worm C EXHIBIT I Page 3. Scientific Name *Relative Abundance Common Name ARTHROP ODA Betaeus longidactylus snapping shrimp P Harpacticoida , unid, copepod A Hemigrapsus nudus purple shore .crab C MOLLUSCA GASTROP ODA Crepidula onyx slipper snail P Nassarius tegula tile dog whelk C PELECYP ODA Mytilus edulis bay mussel C Protothaca staminea common little -neck clam P POLYP LAC OP H ORA Mopalia muscosa hairy chiton P C H ORDATA UR OC I� ORDATA Styela clava sea squirt C VERTEBRATA Clevelandia ios arrow goby P Cottidae, unid sculpin p CITY OF NEWPORT BEACH 1EPARTMENT OF UMMUNITY DEVELOPMENT PLAN REVIEW REQ1EST 07- PLANNINC DIVISION 2PLANS ATTACHED (KEASE RZTZn��, jn�!AQE DEPARTMEN; -n;-FIC EN0110 LANE ON FILE 1N ZONING AA] -, A4"` C AD:,� S Fin; ]EPAR .-, '.An REVIEW L:VISION 0 1 V 1 S 1 �AKS 1 RECREATION GlICE DEPARTMENIF SAFE7! SERVICES AP;!ZGA7!0N OF Ancient Marink—Rusty 25lican V A R : tiN C- �[QSH PERMIT A �!QUEST TO tha construction of a restawrant �aclltn> n�v� 7�-- oarmit n.13nolic 6amra3es and five,enzartainmenz wAra portions ro-- Aceed the basic height 100 within the 25 jistrtot, and the mceptanca OT an env I ro nmenza � aC i nc! u &as co0azt parking spaces and the ac:s!Qnz1 zV 1 Vzt Or a 1� � 11 R E S S 2751 W, Coast highway, Xnwporz Seam �HQLESTK BY jaly 28, 1973 REVIEW August 7, 707,.' 7 7S jjEoesteo Conti 1 Tte awnlicant aahere to those ccnons of ayzrava-i- on Harbor Permit @123-1227 on aomroved bv Citv Council c- june MARINE DEPARTMENT" June 23, 1975 TO: CITY MANAGER FROM: Marine Department SUBJECT: ITEM NO. G-7 (June 23); HARBOR PERMIT APPLICATION BY THE ANCIENT MARINER -RUSTY PELICAN, INC. This afternoon it was brought to my attention by the Community Development Department, that this subject restaurant proposal involving a harbor permit has not yet been considered by the Planning Commission. Even though there are no formal City policies requiring Planning Commission action prior to Council's consideration of a harbor permit, it would have possibly been better to have had Planning Commission input prior to this evening. The applicant, because of the time constraints involved in getting final approval from the Army Corps of Engineers,, has placed his emphasis on the harbor permit portion of the project, and is concerned with any delays not strictly mandated by policy. However, in fairness to the Community Development Department, those projects involving both the Planning Commission and the Council should be acted on logically with Planning Commission consideration first. Because of this situation, it -might be prudent to additionally condition the harbor permit.with the. following: "(8) That the harbor permit, as applied for, be consistent with any future Planning Commission conditions dealing with the required Use Permit." D. Harshbarger, Assistant Director Tidelands Operations Division Marine Department DH:lf ' MARINE DEPARTMENT June 23, 1975 ITEM NO.: G-7 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #129-2827 BY ANCIENT MARINER - RUSTY PELICAN, INC. TO PLACE PILINGS AND CONSTRUCT A WOODEN RETAINING WALL AT 2827 WEST COAST HIGHWAY RECOMMENDATION if desired, approve Harbor Permit #129-2827 subject to the approval of the'U. S. Army Corps of Engineers and the following conditions suggested by staff: (1) The harborpermitholder maintain the intertidal zone beneath the proposed pile supported restaurant free and clear of float- ing debris. (2) That commercial fire protection devices approved by the Fire Department, be installed for the existing piers and floats. (3) That ,piers and slips users have twenty-four (24) hour access to restroom facilities. (4) That any electrical or 'domestic water supply to the slips be brought up to current City Codes and approved by the Community Development Department. (5) That .75 parking stalls be provided for each slip and/or each 25' of side -tie berthing space. (6) That the existing harbor permit be transferred from American Marine to the Ancient Mariner -Rusty Pelican, Inc. ,upon the close of escrow and prior to any construction at the site. (7) That site grading be designed to direct water from restaurant wash -down and parking area.runof'f toward the storm drain system. DISCUSSION The location of the proposed harbor permit is between American Marine and Rosan's on Pacific Coast 'Highway. The applicant is in the process of purchasing the upland property from American Marine and has proposed the °construction of a restaurant to be partially built on P y piles extend- ing over =an existing intertidalzone. APPLICANT: ANCIENT MARINER -RUSTY PELICAN, INC. PAGE TWO The subject property is currently without the protection of an adequate bulkhead and the existing intertidal zone extends landward from the U. S. Bulkhead Line approximately 68 feet. The adjoining property, to the West, (Rosan's) has been bulkheaded and filled to the U. S. Bulkhead Line. American,Marine, to the east, is also bulkheaded but is back from the U. S. Bulkhead Line 55 feet. Specifically, this harbor permit application is for (1) the construction of a wooden bulkhead located on an average of 60 feet landwardof the U. S. Bulkhead Line, and (2) the installation of pilings on 12' and 18' centers. The placement of the bulkhead is basically at an elevation of 5.3 MLLW which is landward of the U. S. Corps of Engineers line of jurisdiction. The pilings approximately (45) to be utilized for the restaurant support and public walkway will be driven into the intertidal zone between the proposed wooden retaining wall and the U. S. Bulkhead Line. _ The purpose of the pilings (versus) fill and bulkheading is for the retention of an intertidal zone. Both the California Department of Fish and Game and the U. S. DepartmentofInterior, Bureau of Sport - fisheries and Wildlife have indicated that they would object to any filling of bay waters However, both of these agencies have informally agreed to the pile supported concept. The City staff has no objections to this type of construction as long as the harbor ` permit 'holder main-` tains the area beneath the restaurant so that it does not become a collection pointforfloating/sunken debris. The proposed harbor permit, as shown on the attached permit drawing, and conditioned as recommended will be in consonance with the City Council°_s Harbor Permit Policies. /,�1,.,.f =...� D. Harshbarger, Assistant Director Tidelands Operations Division Marine Department' DH:lf COUNCILMEN �oA�o N 2 ROLL CALL ` Z Motion x Ayes xxxx Motion Ayes Motion Ayes Motion Ayes Motion Ayes X im X ix IKI XI 1N CITY OF NEWPORT BEAaC1H t _ n1 7 n-7C MINUTES 8. A report was presented from the Parks, Beaches and Recreation Director regarding an amendment to Council Policy regarding Cost Sharing on Undeveloped Land. The matter was postponed to July 14, 1975. 9. A report was presented from the Community Development. Department regarding the request of Mariner's Mile Company for an off -site parking agreement in connection with proposed construction of commercial buildings and related off-street parking and landscape planter areas, located at 2600-2740 West Coast Highway on Mariners Mile, zoned C-1-H. Resolution No. 8521, authorizing the Mayor and City Clerk to execute an off -site parking agreement between the City of Newport Beach and the Mariner's Mile Company, was adopted. 10. A report was presented from the Marine Department regarding application of Anc Mariner Rust-,rvPe1"a Inc. for Harbor Permi�Y`29-2827, to'"construct a wood seawall and a restaur�pilings over navigable waters of Newport Bay at 2827 West Coast Highway. Harbor Permit #129-2827 was approved, subject to the approval of the U. S. Army Corps of Engineers and to' the conditions recommended by staff. 11. A report was presented from the Parks, Beaches and Recreation Director regarding proposed Catamaran Sailing Instruction Program. The storage of six catamarans on the bay front at 17th Street for a period from July 1 to September 1, 1975 was authorized; and the following resolutions were adopted: Resolution No. 8522 authorizing the Mayor and City Clerk to execute an agreement between the City and Coast Catamaran to provide boats for the summer sailing program. Resolution No. 8523 authorizing the Mayor and City Clerk to execute an agreement between the City and Hobie Newport to provide boats for the summer sailing program. 12. Resolution No. 8524, awarding a contract for auto- mobile and comprehensive public liability insurance coverage; to The Star Insurance Company as the primary general liability carrier; the Fireman's Fund In- surance Company for primary automobile liability; and the Midland Insurance Company as the excess umbrella liability carrier, was adopted. Volume 29 - Page 137 INDE Cost Sharing on Undeveloped Land Policy Mariners Mile R-8521 PB&R R-8522 R-8523 Insurance R-8524 CITY'OF NEWPORT'DEACH HARBOR APPLICATION NO. a Ij 7 zoof Beocb FACIFG CLWEHINWAX Q e N 4o4f W .v�w�oer "Are p� R T �QgoN Q � BwcBoa lacwerp D' STERN GRATE CAP'NS QUP,RTERS1\ ❑ HELM ❑ SKYLIGHT ❑ S ❑�� ❑ T O MAST O� k R B O GRATE A I R --- D I i 1 ® E�AD!fHJEAD H 1.� MAST r1 HATCH BOW r . 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