Loading...
HomeMy WebLinkAbout07 - Appeal of Lido Marina Village Parking Management Plan AmendmentPaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report January 23, 2018 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Community Development Director PHONE: 949-644-3210, icampbell(@_newportbeachca.gov TITLE: Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) — continued from the January 9, 2018 City Council meeting ABSTRACT: Electra Cruises, Inc. filed an appeal (Attachment A) of the Planning Commission's approval of the Lido Marina Village (LMV) parking management plan. RECOMMENDATION: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2018-2, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal Filed by Electra Cruises Inc. and Approving Conditional Use Permit No. UP2017-019 Authorizing a Parking Management Plan, a Parking Reduction, and Off-site Parking for Lido Marina Village and Superseding Conditional Use Permit No. UP2014-014 (PA2017-135). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Summary The agenda item was noticed for the January 9, 2018, meeting and it was continued to this meeting without conducting a public hearing. On October 19, 2017, the Planning Commission conducted a public hearing and approved Conditional Use Permit No. UP2017-019 (CUP) by adopting Resolution 7-1 Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) January 23, 2018 Page 2 No. 2068 (Attachment C). Electra Cruises, Inc., (Electra) is a tenant that operates within Lido Marina Village and they filed an appeal alleging the Planning Commission was misled by not being fully informed of the total circumstances about parking in LMV. The appeal is Attachment A to this report. VICINITY MAP Elk's Lodge 3450 Via Oporto 3700 Newport � .t Boulevard • �Jr figs Parking ;x Structure. f iY t • 1 .; Lido Shops The subject CUP replaces a previous CUP approved in 2014, which authorized a parking reduction, off-site parking, and a parking management plan for the re -lease of the largely vacant LMV shopping area that was undergoing renovation. In 2016, the previous CUP was amended to specify the location of the off-site parking at the Hoag Health Center, located at 540 Superior Avenue. The off-site parking was and remains limited to employees of LMV and a shuttle service was established. A full and complete description and analysis of the CUP is provided in the attached Planning Commission staff report (Attachment D). As more tenants occupied LMV, parking demand grew and employees began parking in neighborhood streets, likely due to cost and convenience. To address this unintended consequence, the City worked with LMV management (DJM Capital Partners) to alleviate the issue. A pilot program was initiated, allowing additional off-site parking at 3700 Newport Boulevard, additional tandem parking in the parking structure, and most notably, the applicant discontinued charging employees $85 dollars to park in the LMV parking structure or the off-site parking lot at Hoag Health Center. Parking demand in the LMV parking structure grew to capacity at times. As a result, Electra's patrons were turned away when the structure was full on one reported occasion. 7-2 Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) January 23, 2018 Page 3 The subject CUP memorializes the pilot program changes, and as noted, it would replace the previous CUP, approved in 2014. Electra did not submit any written comments or provide any verbal testimony to the Planning Commission about their concerns prior to the filing the appeal. Appeal Electra alleges that the Planning Commission was misled by not being fully informed. Allegedly, the applicant did not disclose a parking agreement between the applicant and appellant. Although the appellant has not provided a copy of the agreement, staff is aware of a private agreement that requires the applicant to provide parking for the appellant. The appellant further alleges the applicant failed to disclose that they have refused to allow off-site parking for Electra's guests, thereby creating a parking shortage in the LMV parking structure. The appeal further alleges the allowance of employees to park in the LMV structure, forcing Electra's patrons to park in neighboring streets. Staff Response Staff has no comment on whether the applicant is in breach of their private agreement as that issue is not germane to the requested application. The record accurately reflects that off-site parking provided at Hoag Health Center is only for LMV employees. The CUP approved by the Planning Commission increases parking availability for the center. It also provides increased flexibility for the applicant to only operate the off-site employee lot when it is necessary, rather than daily, even if it is not necessary based upon parking demand. Parking demand data for the LMV parking structure shows it reaches capacity Friday and Saturday afternoons and occasionally on Sundays. The CUP requires the applicant operate the shuttle Fridays and Saturdays and when parking demand is anticipated (e.g. Boat Parade, special events) to exceed 85 percent of the parking structure capacity. When the shuttle operates and employees are using it, parking spaces within the LMV parking structure should meet parking demands of LMV patrons, including Electra's guests. The change to free employee parking in the parking structures has reduced parking availability in the LMV structure for patrons and Electra's guests alike. The change has reduced incidents of employees or LMV patron parking in the Finley Tract. It is important to note that the applicant was not operating the off-site parking lot and shuttle this summer when Electra's patrons were allegedly impacted. The applicant began operating the shuttle Friday and Saturday afternoons and during the boat parade and to the extent that employees used it, increased supply in the LMV parking structure was available. Staff has not received any complaints about parking availability during the month of December as of the drafting of this report. Lastly, the applicant continues to submit weekly parking use information along with a list of Electra's charters, allowing staff to monitor the project. The subject CUP allows staff greater flexibility to modify the parking management plan to address issues as they arise. For these reasons, staff recommends denial of the appeal and approval of the CUP and staff will continue to monitor parking and require necessary adjustments of the parking management plan in the future. 7-3 Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) January 23, 2018 Page 4 Alternatives The City Council can remand this item to the Planning Commission for further consideration if the appellant provides convincing and compelling evidence that denial of the appeal and approval of the CUP would be detrimental to the community. Alternatively, the City Council can deny the appeal and modify the CUP. Lastly, the City Council can uphold the appeal and deny the CUP (Attachment E). ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Conditional Use Permit application requests modifications to existing parking management strategies for a shopping center where permitted land uses or density would not be changed and no physical changes to the subject properties would occur. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Additionally, notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) and off- site parking lot (540 Superior Avenue) including the appellant and applicant. The notice was also posted on the subject properties at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A —Appeal Filed by Electra Cruises (received 10/25/2017) Attachment B —Resolution Denying the Appeal and Approving Conditional Use Permit No. UP2017-019 Attachment C —Planning Commission Resolution No. 2068 Attachment D —Planning Commission Staff Report Dated October 19, 2017 (without Attachments PC 1 and PC 2) Attachment E —Resolution Upholding the Appeal and Denying Conditional Use Permit No. UP2017-019 Attachment F —Supplemental Appeal Information Attachment G —Applicant Response to Appeal 7-4 Attachment A Appeal Filed by Electra Cruises (received 10/25/2017) 7-5 Appeal Application City Clerk's Office 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Appeal the Decision of: ❑ Hearing Officer - NBMC §20.64 ❑ Operator License - NBMC §5.25.060 Attention: City Manager) ■ Planning Commission - NBMC §20.64 ❑ Zoning Administrator - NBMC §20.64 and 15.45.080 F ❑ Other Appellant Information: Electra Cruises Inc. 3439 Via Oporto Newport Beach, CA 92663 Tel 949.723.1069 Fax 949.723.5156 susanp@electracruises.com Clerk's Date & Time Stamp RE"""NED 71117 niT j 5 PIS 2 O RC- OF Applicable Appeal Fees rP�ursuant to A' Master Fee Schedule effective 10-24-16: Hearing Officer - $1,536.00 Operator License - $710.00 Planning Commission - $1,536.00 Zoning Administrator - $1,536.00 Other - $ Name of Applicant(s): Becky Sullivan representing DJM Capital Partners, Inc. Date of Decision: October 19, 2017 Project No.: Resolution # 2068 Activity No.: Item #3 Site Address: 3636 Newport Boulevard, 3418-3428 Via Lido, 3434 and 3444 Via Lido, and 3400-3450 Via Oporto (even), 3421-3505 Via Oporto (odd) Description of application: An amendment to the parking management plan for Lido Marina Village previously authorized by Use Permit No. UP2014-014 (PA2014-002). Reason(s) for Appeal (attach a separate sheet if necessary): See attached. Signature of Appella • A* why �v A FOR OFFICE USE ONLY:��r�,��6h� Date Appeal filed and Administrative Fee received J-\0 City Clerk / cc: Department Director, Deputy Director, Staff, File Cashier Code: CDD004 P' L41-1 FOR" F:IUserslC/erklSharedlFormst4ppea/ Application Updated 3.20.17 7-6 The commission was misled by not being fully informed of the totality of the circumstances surrounding the parking for Lido Marina Village as relates to this amendment — adopting Resolution # 2068, approving conditional Use Permit No. UP2017-09. The approved amendment unlawfully interferes with and discriminates against a current tenant in Lido Marino Village, Appellant Electra Cruises Inc. Applicant did not disclose the parking agreement that it has made with this appellant, which will be breached by applicant, if this amendment is allowed to stand. Applicant failed to disclose that it has refused to provide any offsite parking to appellant's guests under the parking agreement it has made with applicant, and thus, there will be insufficient parking, utilizing the existing parking structure, based on this amendment, which mandates all tenant employees be allowed to park in the structure. Based on the two additional restaurants to be added as tenants in the village, if this amendment is allowed to stand, appellant's guests will be forced to park in neighboring streets, which appears to be the problem that initially gave rise to the amendment sought. Thus, if this amendment is allowed to stand, the same problem that existed with tenant employees parking in the neighboring city streets will exist with appellant's guests doing so. 7-7 Attachment 6 Resolution Denying the Appeal and Approving Conditional Use Permit No. UP2017-019 RESOLUTION NO. 2018-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING AN APPEAL FILED BY ELECTRA CRUISES INC. AND APPROVING CONDITIONAL USE PERMIT NO. UP2017-019 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE AND SUPERSEDING CONDITIONAL USE PERMIT NO. UP2014-014 (PA2017-135) WHEREAS, DJM Capital Partners, Inc. manages and operates a retail shopping center called Lido Marina Village (LMV) located at 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) (collectively, Properties); WHEREAS, the Properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907; WHEREAS, LMV operates pursuant to Conditional Use Permit (CUP) No. UP2014-014 (PA2014-002) approved by the Planning Commission on December 18, 2014; WHEREAS, CUP No. UP2014-014 is subject to a Parking Management Plan (PMP) and authorized a specific mix of uses and a parking space reduction pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.110, and off-site parking pursuant NBMC Section 20.40.100; WHEREAS, on November 17, 2016, the Planning Commission authorized off-site parking for LMV employees at 540 Superior Avenue (Hoag Health Center) with a shuttle; WHEREAS, DJM Capital Partners, Inc. (Applicant) filed an application requesting modifications to the parking management plan, off-site parking and shuttle plan as authorized by CUP No. UP2014-014; WHEREAS, the requested changes include the modification of the off-site parking shuttle, relocation of employee parking to the fourth and fifth level of the parking structure, parking pricing adjustments, valet plan changes, and the addition of valet parking for LMV customers at an additional off-site location at 3700 Newport Boulevard after 7:00 p.m., daily; WHEREAS, the Properties are located within the MU -W2 (Mixed -Use Water Related) Zoning District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water Related), and within the coastal zone and the Coastal Land Use Plan category is MU -W (Mixed - Use Water Related); WHEREAS, a public hearing was held on October 19, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. At the conclusion of the hearing, the Planning Commission voted 6-0, one absent, to adopt Planning Commission Resolution No. 2068 approving CUP No. UP2017-019; W City Council Resolution No. 2018-_ Page 2 of 3 WHEREAS, on October 25, 2017, Electra Cruises Inc., a tenant within LMV, filed an appeal of the Planning Commission's approval of CUP No. UP2017-019; and WHEREAS, a public hearing was held on January 9, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider Electra Cruises Inc.'s appeal. A notice of time, place and purpose of the hearing was provided in accordance with the NBMC. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby denies the appeal and approves CUP No. UP2017- 019 (PA2017-135) by making the findings set forth in Exhibit A, and subject to the conditions of approval set forth in Exhibit B, which are attached hereto and incorporated by reference. Section 2: This resolution supersedes CUP No. UP2014-014 (PA2014-002) (Planning Commission Resolution Nos. 1966 and 2039), which upon vesting of the rights authorized by this CUP, shall become null and void. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 15305 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including, but not limited to minor lot line adjustments, set back variances, minor encroachment permits, and reversions to acreage. The application authorizes modifications to existing parking management plan for a shopping center where permitted land uses or density would not be changed and no physical changes to the Properties would occur. 7-10 City Council Resolution No. 2018-_ Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of , 2018. Duffy Duffield Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY AT N�Y'S OFFICE Aaron C -Harp City Attorney Attachments: A. Findings for Approval B. Conditions of Approval C. Parking Management Plan dated June 1, 2017 D. Land Use Summary for Lido Marina Village E. Shuttle Management Plan dated August 9, 2016 7-11 Exhibit A Findings for Approval Conditional Use Permit No. UP2017-019 (PA2017-135) In accordance with NBMC Section 20.40.110(B)(1) (Reduction in Off -Street Parking), the following conditions are set forth for the parking reduction and PMP: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed-use development). Facts in Support of Finding: 1. The Applicant has provided parking occupancy data related to the parking structure in LMV. The Applicant will be required to continue providing off-site parking with a shuttle service during peak occupancy periods from 4:00 p.m. through 10:00 p.m., Friday and Saturday, and during other periods that generate parking demands where occupancy within the parking structure is expected to exceed eighty-five percent (85%). The Applicant will be required to continue providing real time parking monitoring data as well as shuttle usage monitoring data. 2. Parking within LMV includes a multi-level parking structure, parking within Central Avenue, Via Oporto, and along the north side of Via Lido. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within six hundred fifty feet (650') of the most remote uses; however, the majority of the spaces are located within the parking structure and are located within three hundred feet (300') of uses. 3. Off-site parking via shuttle service is available for employees at 540 Superior Avenue during peak parking periods. 4. Off-site parking with valet service is available for customers at 3700 Newport Boulevard from 7:00 p.m. through 2:00 a.m., daily, and these hours do not conflict with office uses at 3700 Newport Boulevard. 5. The parking occupancy data, parking layout plans, right-of-way improvements, modifications to the LMV parking structure, and proposed valet operations plan have been reviewed and found convenient, safe and effective by the City Traffic Engineer. 7-12 Finding: B. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: The Applicant has provided an updated PMP dated June 1, 2017, prepared by LAZ Parking. The PMP provides a comprehensive strategy to manage the existing parking structure in LMV including: valet operations, improvements to facilitate increased mobility for bicycles, pedestrians, boats, the provision for future off-site parking when parking demand exceeds on-site supply, and limits on uses which generate higher parking demand. The Applicant shall continue to provide secure off-site parking, consistent with NBMC Section 20.40.100 (Off -Site Parking) at two off-site locations (540 Superior Avenue and 3700 Newport Boulevard). 2. The distance of off-site parking at 540 Superior Avenue and shuttle service is convenient to providing employee parking given implementation of the Shuttle Management Plan dated August 9, 2017. In accordance with NBMC Section 20.40.100(B) (Off -Site Parking), the following findings and facts in support of such findings are set forth: Finding: C. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: The City Council and Planning Commission have reviewed any proposed off-site parking locations to ensure that they are located a convenient distance from LMV. A shuttle service will be provided to 540 Superior Avenue for employees or patrons on Friday and Saturday afternoons (4:00 p.m. to 10:00 p.m.) and during peak periods when parking occupancy within the parking structure is expected to exceed eighty-five percent (85%). 2. Fifty-five (55) public and municipal metered parking spaces are available within LMV within the Central Avenue and Via Oporto public rights-of-way. These parking spaces do not contribute to satisfying the off-street parking requirement for LMV; however, these public parking spaces will likely be utilized by visitors to LMV due to proximity. The public parking spaces will remain available to the public and will not be controlled by the Applicant. 3. The parking facility at 540 Superior Avenue provides one hundred (100) parking spaces and is located approximately two (2) miles driving distance from LMV. The off-site parking will serve employees who require longer term stays. A shuttle van will operate between the off-site parking facility and LMV providing three (3) round trips per hour during operations. The distance and shuttle service is convenient to provide employee parking given implementation of the Shuttle Management Plan dated August 9, 2017. 7-13 4. The parking facility at 3700 Newport Boulevard provides twenty (20) valet parking spaces and is located within LMV and will be accessible for LMV from 7:00 p.m. through 2:00 a.m., daily, when office uses are closed. The off-site parking lot will serve valet operations for customers when peak demand for restaurants occur. The parking facility is conveniently accessible with the existing valet circulation plan. Finding: D. On -street parking is not being counted towards meeting parking requirements. Facts in Support of Finding - 1 . inding:1. On -street parking (55 spaces) within LMV is not utilized to satisfy the required parking requirements. 2. The off-site parking located at 540 Superior Avenue is located within a private parking structure and on -street parking is not utilized to satisfy the required parking requirements. 3. The off-site parking lot located at 3700 Newport Boulevard is a private surface parking lot within LMV and on -street parking is not utilized to satisfy the required parking requirements. Finding: E. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The City Council, Planning Commission and City Traffic Engineer have reviewed the proposed off-site parking locations at 540 Superior Avenue and 3700 Newport Boulevard to ensure that they are located and operated to avoid undue traffic hazards or impacts to surrounding uses prior to implementation. Notice has been provided to residents, businesses, and property owners within three hundred feet (300') of the proposed parking lot. 2. The off-site parking facility is located at 540 Superior Drive is accessed from a signalized intersection from Superior Avenue and is a four (4) lane major highway. Employee parking at 540 Superior Avenue is expected to range between zero (0) and one -hundred (100) employees per day and employees will have differing shifts. As a result, traffic increases will be spread throughout the day and evening. The increased traffic to the off-site parking facility will be approximately two hundred (200) trips per day, below a threshold that requires any traffic analysis. 3. The off-site parking facility at 3700 Newport Boulevard is accessed at the terminus of Central Avenue within LMV. Customer valet parking will occur after 7:00 p.m. when business offices that use this parking area are closed. Valet operations will follow the existing approved valet circulation plan in place for LMV so as not to create undue traffic hazards for the surrounding area. 7-14 Finding: F. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. A minimum of one hundred (100) parking spaces shall be provided for employee and/or customer parking at 540 Superior Avenue. This parking area is an off-site, private lot offered by a lease or other binding private agreement. 2. A minimum of twenty (20) parking spaces shall be provided for customer valet parking from 7:00 p.m. through 2:00 a.m., daily, at 3700 Newport Boulevard. This parking area is an off- site, private lot offered by a lease or other binding agreement. 3. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by CUP No. UP2017-019, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by CUP No. UP2017-019 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40.110, or any successor section, rendering the required off-site parking unnecessary, or 4) the Applicant can provide a parking demand study based upon observed parking over time showing that available on-site parking is sufficient to accommodate uses authorized by CUP No. UP2017-019 thereby supporting a parking reduction. 4. Off-site parking will be provided in accordance with NBMC Section 20.40.100 (Off -Site Parking). The required off-site parking shall be provided and permanently maintained for employees and/or parking as long as the use authorized by CUP No. UP2017-019 remains effective or is deemed unnecessary based upon a parking utilization analysis demonstrating a lack of need for off-site parking. 5. Appropriate signage shall be provided, indicating the availability of any off-site parking provided, subject to the review and approval of the Community Development Director. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision), the following findings and facts in support of such findings are set forth - 7 -15 Finding: G. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU -W2 (Mixed -Use Water Related) land use designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. Although LMV does not include residential uses, the proposed mix of retail, marine -related commercial, service commercial, office, and restaurant uses are consistent with the MU -W2 (Mixed -Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the parking monitoring data and implementation of the amended PMP will ensure that an adequate supply of parking is provided for LMV based upon the shared use of parking within LMV and off-site parking for patrons or employees when parking demand warrants it. Any future off-site parking must meet the conditions of NBMC Section 20.40.100 (Off -Site Parking), or any successor section, to ensure the parking is convenient and available when it is necessary while minimizing other conflicts or nuisance to surrounding properties. 3. The project site is not located within a Specific Plan area. Finding: H. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The MU -W2 (Mixed -Use Water Related) zoning district applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine -related commercial, service commercial, office, and restaurant uses are permitted or conditionally permitted in the MU -W2 (Mixed -Use Water Related) Zoning District. 2. The existing development within LMV is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures does not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with NBMC Section 20.40.110 (Adjustments to Off -Street Parking Requirements) based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Off-site parking at 540 Superior Avenue and 3700 Newport Boulevard is consistent with NBMC Section 20.40.100 (Off -Site Parking). Finding: 7-16 1. The proposed project is consistent with applicable policies of the Coastal Land Use Plan that require public access to and along the waterfront. Facts in Support of Finding: 1. The project includes an improved public waterfront walkway no less than six feet (6) wide, but preferably ten feet (10) wide across the entire project site 3400-3450 Via Lido. Public access between Via Oporto and the waterfront walkway will be provided by a minimum of three (3) separate public walkways that will also be six (6) feet in width each. 2. The walkways will be improved and provided prior to issuance permits for outdoor patios in the existing public easement as identified in the approved PMP. 3. All public walkways will be open to the public at all times and appropriate coastal access signage will be provided. Finding: J. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The LMV commercial area has been operating from its current location in Lido Village since the early 1970s and has been compatible with the commercial, institutional, and residential uses in the Lido Village area. The site has been operating with a significant number of vacancies for quite some time and revitalization of the area has been a priority of the City for a number of years. As a result, the City adopted the Lido Village Design Guidelines in 2012, to guide property owners toward making improvements to promote revitalization and compatibility. The parking reduction and PMP allow for the re -occupancy of LMV with uses consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand over time. 2. LMV is a developed site. The Applicant is not seeking any additional building area,- however, rea;however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code. LMV will provide three hundred seventy-six (376) private parking spaces within the existing on-site parking garage, one hundred (100) off-site parking spaces at 540 Superior Avenue, twenty (20) off- site valet spaces at 3700 Newport Boulevard, and fifty-five (55) public parking spaces for visitors to the area with the implementation of the proposed PMP. The PMP is a comprehensive parking management solution that includes additional off-site parking consistent with the requirements of the Zoning Code, should it prove necessary in the future as LMV is re -occupied. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. 3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant uses included within LMV will serve visitors, area businesses, and residents in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 7-17 4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan policies, will be provided to Newport Bay as required by the conditions of approval. Finding: K. The site is physically suitable in terns of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding J support this finding and are incorporated by reference. 2. Strict adherence to the valet circulation and parking plan will ensure that vehicle and pedestrian traffic provide proper access through LMV. 3. Emergency access to and through LMV is currently provided from Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are currently provided and proposed changes to the rights-of-way have been reviewed and approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 4. LMV is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public services and utilities. 5. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health Department. Finding: L. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The facts in support of findings A through K support this finding and are incorporated by reference. 2. The renovations to LMV should have a positive impact on the area and may promote further revitalization of commercial properties in the Lido Village area. Potential restaurants within LMV will require either a subsequent Minor Use Permit or Conditional Use Permit or an amendment to existing permits that will provide a public review process to ensure that the parking for said uses are consistent with the PMP and parking monitoring data. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City. 7-18 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. 7-19 Exhibit B Conditions of Approval Conditional Use Permit No. UP2017-019 (PA2017-135) (Project -specific conditions are in italics) PLANNING Parking at LMV is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking Management Plan (PMP) dated June 1, 2017, attached as Exhibit "C" of this resolution, and any amendments to the PMP shall be reviewed and be approved by the Community Development Director with notice on the Planning Commission agenda prior to expiration of the appeal period for decisions of the Community Development Director. 2. in no case shall higher intensity land uses (e.g. restaurant and nail salon that have a higher parking requirement than the base retail rate) exceed the maximum gross floor area of uses identified the Land Use Summary dated November 3, 2014, attached as Exhibit "D" to this resolution. 3. Conditional Use Permit No. UP2017-019 (PA2017-135) authorizes a parking reduction from what would otherwise be required by the Zoning Code and establishes the maximum intensity of uses within LMV that may be allowed. This CUP does not authorize further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits. 4. The parking structure shall provide a minimum of three hundred forty-one (341) parking spaces in a self -park configuration. The parking supply shall be increased by an additional thirty-five (35) spaces with tandem and aisle stacking with the implementation of the approved valet operations plan for a total of three hundred seventy-six (376) spaces. 5. Customer parking pricing for the parking structure shall adhere to the pricing schedule provided as an exhibit to the approved PMP dated June 1, 2017. Proposed changes to the parking fees shall be submitted to the Community Development Director at least sixty (60) days prior to becoming effective. The Community Development Director may disapprove parking fee increases that would likely cause employees or patrons of LMV to choose to park on area streets. 6. A minimum of twenty (20) parking spaces shall be provided for customer valet parking from 7:00 p.m. through 2:00 a.m., daily, at 3700 Newport Boulevard. This parking area is an off-site, private lot secured by a private lease or other binding agreement. 7. A minimum of one hundred (100) parking spaces shall be provided free of charge for employees at 540 SuperiorAvenue on Fridays, and Saturdays from 4:00 p.m. and 10:00 p.m. and when anticipated parking structure occupancy exceeds eighty-five (85) percent (such as for special events or when the property manager and Community Development Director anticipate higher demand in the parking structure). This parking area is an off- site, private lot secured by a private lease or other binding private agreement. The 7-20 Community Development Director may expand or reduce the hours or days based upon parking demands or parking conflicts. 8. A parking agreement or covenant, in a form approved by the City Attomey and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by CUP No. UP2017-019, the Director shall establish a reasonable period of time in which one of the following shall occur.- 1) Substitute parking is provided that is acceptable to the Director, or 2) the size or intensity of use authorized by CUP No. UP2017-019 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40. 110 rendering the required off-site parking unnecessary. 9. Substitute off-site parking shall be located within a convenient distance to the project site as determined by the Director. On -street parking may not be considered. The substitute parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. The substitute required off-site parking shall be provided and permanently maintained for LMV employee or patron parking as long as the uses authorized by CUP No. UP2017-019 remains effective. 10. The approval of off-site parking may be modified or revoked by the Planning Commission or City Council should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. If off-site parking is secured and made available for patron use, the Applicant shall provide appropriate signage indicating the availability and location of the off-site parking to the satisfaction of the Community Development Director. 12. On or before January 10, 2018, the Applicant shall implement the LMV Shuttle Management Plan dated August 9, 2017, attached as Exhibit E of this resolution and as amended by these conditions of approval. At a minimum, the shuttle will operate on Fridays and Saturdays from 4:00 p.m. through 10:00 p.m., or when the parking structure occupancy is expected to exceed eight -five percent (85%). The Community Development Director may authorize modification of the off-site parking shuttle hours based on parking monitoring and shuttle data provided by the Applicant. 13. The Applicant shall submit a weekly utilization report for the LMV parking structure and shuttle service showing parking over time and different days. The reports shall be 7-21 submitted weekly through and including December of 2018. Periodic reports thereafter may be required by the Community Development Director or the Planning Commission. 14. Parking management shall be monitored by the Applicant and the Community Development Department on an ongoing basis or as determined necessary by the Community Development Director. The Director may require review by the Planning Commission if parking problems occur that are not adequately remedied by the Applicant. 15. Signage shall be installed and maintained near existing short-term parking and loading areas near to 3505 Via Oporto directing rideshare services to utilize the on -street loading spaces for pick-up and drop-off and not block the streets. Valet operators shall instruct rideshare drivers to not block streets. 16. The Applicant shall provide the following incentives to tenants and employees to encourage use of the parking and shuttle program: a. Discount fees for purchasing long term parking passes (i.e., fifteen (15) percent for a twelve (12) month parking pass, five (5) percent for a six (6) month parking pass). b. Discounts on purchases at LMV shops. c. Discounts on monthly parking passes (i.e., five (5) percent) when using an auto -pay option. d. Monthly raffle to prepaid packers where winners receive a prize or gift (i.e., a gift card, prize, or permission to park in the on-site parking structure rather than the off-site structure). e. Weekly or Monthly raffle for shuttle users where regular ridership is rewarded by a gift or prize. 17. The Applicant shall require each tenant and employee to place a sticker on his or her vehicle that identifies the vehicle's relationship to LMV to allow for enhanced parting management and monitoring. The sticker shall be placed in the front windshield of the vehicle within a seven-inch (7') square in the lower comer farthest removed from the driver's position. 18. All new, amended or extended leases shall include.- a. nclude: a. Language that strongly encourages tenant and employee use of available parking and shuttle resources provided by the Applicant or landlord. b. Language strongly encouraging participation in incentive programs organized and implemented by the Applicant or landlord to encourage the use of the parking and shuttle program. 19. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with Coastal Land Use Plan policies. The 7-22 walkway shall be a minimum of six (6) feet in width but preferably ten (10) feet wide or more. Minor encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be maintained. The final location, width, design of the walkway shall be reviewed and approved by the Harbor Resources Division and Community Development Director. Public access to the waterfront walkway shall be maintained at all times. 20. A minimum of three (3) vertical public walkways shall be maintained between Via Oporto and the lateral public access walkway along the waterfront, consistent with Coastal Land Use Plan policies. The walkways shall be a minimum of six (6) feet in width each but preferably wider. Minor encroachments may be permitted by the Community Development Director provided adequate access will be maintained. The three (3) public walkways shall not be gated or otherwise blocked and shall be open for public access at all times. a. One (1) walkway shall be provided and maintained at 3448 Via Oporto (APN 423- 123-04). b. The second (2"d) walkway shall be provided and maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located. c. The third (3r") walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07) with the final location to be reviewed and approved by the Community Development Director. 21. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs Standards). The Applicant shall install and maintain appropriate public access signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Community Development Director. 22. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. Should the property be sold or otherwise come under different ownership or control, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 24. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 7-23 25. CUP No. UP2017-019 (PA2017-135) shall expire unless exercised within twenty-four (24) months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 26. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The project shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this CUP. 27. This CUP may be modified or revoked by the Planning Commission or City Council should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 28. This conditional use permit supersedes CUP No. UP2014-014 (PA2014-002). 29. To the fullest extent permitted by law, the Applicant shall indemnify, defend, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of CUP No. UP2017-019 (PA2017-135). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE 30. For existing fire access roadways, the minimum street width shall be twenty (20) feet, with no parking on either side. The width shall be increased to twenty-six (26) feet within thirty (30) feet of a fire hydrant, with no vehicle parking allowed on either side of the street. Existing nonconforming conditions may remain until such time when the project site is redeveloped and all nonconformities shall be removed. No new structures will be allowed within fire access roadways without the prior review and approval of the Fire Department. 31. Where areas of no parking are required due to access and roadway widths, "No Parking" signs and/or red curbing will be required and must comply with Newport Beach Fire Department Guideline C.02. 32. Valet drop-off and pick-up may be conducted in designated parking spaces along the Via Oporto curb and shall not be conducted in fire access roadways. 7-24 33. The private alley between Via Oporto and Via Lido is designated as an emergency fire lane and the required twenty (20) foot width shall not be obstructed at any time. BUILDING 34. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. T he construction plans must meet all applicable State Disabilities Access requirements. 35. Employees shall be provided access to accessible parking spaces for the disabled. PUBLIC WORKS 36. Valet parking operations may be provided and shall be conducted consistent with the PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking service shall be provided when parking demand is expected to exceed eighty-five (85) percent utilization of the parking structure. Valet parking shall not be permitted within public parking areas. 37. All improvements subject to an encroachment agreement or encroachment permit shall be constructed as required by Ordinance and the Public Works Department. 38. An encroachment permit shall be required for all work activities or development within the public right-of-way, any public easements, on City -owned utilities or City -owned property. 39. All non-standard or private improvements within Via Lido, Central Avenue, and Via Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the Public Works Department and City Council. An updated encroachment agreement and permit shall be completed for non-standard or private improvements prior to installation. 40. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto, and Central Avenue, the Applicant shall remove and replace any damaged concrete curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction shall be determined by the Public Works Department. 41. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking spaces and parking aisle widths within the parking structure shall comply with City Standard #805-L-A&B. 42. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. 7-25 EXHIBIT C Parking Management Plan dated June 1, 2017 7-26 F + Fb 4. W 4� f 1 .. .► r • la— it I l � - 4 1�• I � .�_ 000 HAP RA PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA DJM Capital Partners, Inc. I June 1, 2017 i 1. OVERVIEW 4 2. PARKING GARAGE: SELF -PARKING 5 3. VALET Et EMPLOYEE STACKED PARKING 7 4. SURFACE PARKING 15 5. MOBILITY: BICYCLE, PEDESTRIAN AND BOAT 17 6. OFF -SET HOURS 22 7. EXHIBIT A: SIGNAGE Et WAY -FINDING 23 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-28 DJM CAPITAL PARTNERS, INC LZ Re: Parking Management Plan - Lido Marina Village Attn: Becky Sullivan DJM Capital Partners, Inc. June 1, 2017 Dear Ms. Sullivan, On behalf of the entire LAZ Parking family, I am pleased to submit the following Parking Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Jared Svendsen Regional Vice President isvendsen@lazparkin.com 1-858-587-8888 9333 Genesee Ave, Suite 220 San Diego, CA 92121 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-29 DJM CAPITAL PARTNERS, INC Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 422 spaces and consists of surface parking and garage parking. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-30 DJM CAPITAL PARTNERS, INC LZ Entrances £t Exits The parking garage will be accessed by self-parkers through the main entrance on Via Lido. Signage at the entrance will inform parkers of the rules of the parking facility, applicable parking rates, validation procedures (if any), and method of payments accepted. Parking Equipment In order to manage parking and capture revenue a Parking Access and Revenue Control System (PARCS) will be installed at each entrance. The lanes will be controlled using ticket dispensers in the entry lanes and gate arms in all lanes. Upon entry, a ticket will be pulled allowing for efficient ingress. Pay Stations Before occupancy of the restaurants, the parking facility will be equipped with automated equipment at exit and a Pay -On -Foot (POF) station to be located near the main pedestrian ingress point. Through a coordinated signage program, visitors will be encouraged to take their entry ticket with them. They will pay just prior to exiting at the POF station. Payment options at the POF will include cash, credit, and debit. Upon payment of the parking ticket, an exit ticket will be issued, which will simply need to be inserted into an exit machine installed in all of the exit lanes. Once the exit machine verifies parking fees have been paid, the gate arm raises to allow the vehicle to exit. If a balance is due, the visitor will have the option to pay with credit/debit card. Should the visitor require assistance, they will interact with an attendant via the intercom in order to complete the transaction. Visitors will be encouraged to pay prior to exiting the garage at the POF. The POFs will accept cash, credit, debit, and validations. At the exit, the equipment will only accept credit cards, debit cards, and validations for payment. Typically, it is recommended to only accept cash and dispense change at the POFs and not in the exit lanes in order to minimize transaction times and maintain an acceptable Level of Service. Pay Et Display In addition to garage parking the property will also offer public parking in the 3700 lot after tenant hours. A P&D machine, easily accessible, will be placed in the lot in addition to proper signage stating public parking hours and hour to pay for parking. During tenant hours proper hang tags will be required and must be visible at all times. Typically, it is recommended to only accept credit card for P&D Machines. Customer Service Ambassadors During peak periods, we anticipate staffing Customer Service Ambassadors (CSAs) at the exit lanes to help expedite the process and provide support as needed to allow for efficient egress. Although the equipment will be automated and visitors will be encouraged through a sign program to pay in advance at one of the POFs, some visitors may approach the exit and not be prepared to pay with a credit or debit card. In those cases, the CSAs will be equipped with pre -loaded value cards compatible with the PARCS system. The CSA can then manually calculate the parking fee and collect PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-31 DJM CAPITAL PARTNERS, INC cash payments. They will then vend the gate using their card. Revenue reconciliation and audit processes ensure all revenue is accounted for. Signage £t Way -Finding A comprehensive sign program has been developed for the entire property, including the parking areas. A detailed plan is included in Exhibit A: Signage and Way -finding. Monthly Parking / Key Cards To help better manage the parking at Lido Marina Village and allow more parking for transient guests, we would proposed key access as follows: Monday 6am through Friday 6pm weekly. Key cards can be activated 7 days a week for an agreed upon premium rate. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-32 DJM CAPITAL PARTNERS, INC LZ Greeting Zone The Greeting Zone or valet staging area will be located in a turn -out area along the curb located on Via Oporto near the 3450 Via Oporto building. This greeting area will have the capacity to hold 3 vehicles at any one time. We would proposed an $8 service charge for valet service. We would recommend keeping the valet podium locked and covered at the greet zone to persevere the life of the podium. All other valet equipment will be stored in the parking office and taking in and out each night the valet program is offered. The approximate location of the Greeting Zone is shown below as indicated by the red star. The blue arrows illustrate the path of travel for valet vehicles in to the garage, where the vehicles will be stored, and out of the garage, as vehicles are returned to guests in the greeting zone. The green arrows illustrate the path of travel of valet runners to and from the greeting zone and the garage, where the vehicles will be stored. A Valet Attendant will drive the vehicle from the Greeting Zone to one of the 3 designated vehicle storage areas. The drive pattern is to and from the Greeting Zone is efficient and works well with the traffic circulation of the property. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. Lot 3 7-33 DJM CAPITAL PARTNERS, INC LZ Valet Parking - Guest Experience (Vehicle Drop -Off) The following is the process for greeting guests who choose to utilize the valet zone. • Guest is greeted by a Valet Ambassador in the Greeting Zone. • We train and utilize our guest service practice of G.E.N.I. Greet Guest are to be greeted within 15 seconds and personally express a warm welcome! Eye Contact Make eye connect with each guest to establish a human level of connection and trust with the guest. Name Recognition Our valets will ask for the guest's name upon arrival and will use their name at least once on the way in and on the exit. They will also introduce themselves by name during the initial greeting. Impress Someone Anticipate a need/ask a helping question upon arrival and at exit. • Guest is issued a valet claim check and given retrieval instructions, including the option to text ahead for their vehicle. • Guest leaves the Greeting Zone and proceeds to their destination within Lido Marina Village. Valet Parking - Guest Experience (Vehicle Return) • Guest either texts ahead or returns to Greeting Zone and presents valet claim check to Valet Attendant or Valet Ambassador. • Valet Attendant retrieves guest's keys, runs to the vehicle storage location, and returns the vehicle to the guest in the Greeting Zone. • Valet attendant opens all doors for guest, thanks the guest and hands the driver the vehicle keys. • Guest departs in their vehicle and proceeds toward Central Avenue. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-34 DJM CAPITAL PARTNERS, INC Flash Valet In order to operate the valet as efficiently as possible, minimize guest wait times, and maximize guest service, we propose utilizing Flash Valet technology. Offer your busy guests the luxury of having their vehicle ready when they are. With Flash Valet, guests can request their vehicle by text and pay from their phones or at the valet stand with any major credit card or PayPal. Employee Stacked Parking The following details and data are currently being tracked, available for City review, on a weekly basis to ensure parking accommodations for all employees and guests are being met in the parking structure. • Daily Occupancy Report • Sentry Daily Report o Daily Entrances o Daily Exits • Daily Flash Valet Reports Free Garage Employee Parking: Monday — Sunday • All center employees will be permitted to park on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit) of the Lido Marina Village parking garage Monday — Sunday at no charge. • LAZ will operate a "valet -assist" program and will park employee cars on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit), stacking vehicles for maximum capacity in allotted spaces. Employees will not self -park. We estimate 131 cars can park on floor 4, stacked. (Using parking lay out on the following page) PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-35 DJM CAPITAL PARTNERS, INC UJ 7 J H z W U -4 010 Total Stacked Va let Veh ides: 45 Total Stacked ValetVehicles; 92 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-36 DJM CAPITAL PARTNERS, INC • Employees must register their vehicles at the parking office first, before parking for free. The vehicle, license, make/model, employer, and employee name will be noted. Upon registering, employees shall be directed to help make the new parking opportunity work and help LMV be good neighbors. Do not park in the residential communities from this point forward. • A vinyl window decal "parking permit" identifying the employee as a LMV Employee with an ID number will be issued. Employees must show the decal as proof, in order to utilize the free parking. • Signage will be placed on the first floor of the parking garage stating "Free Employee Parking — Level 4." Please see example below. 24 in • Valet parking for Nobu is located to parking floor zero and floor one (in the alcove area where they can stack cars) and runs 11am to close daily. Nobu valet parking also runs to the Burnham Building at 3700 Newport Boulevard after 7 p.m. The new location will be addressed in the Use Permit amendment. On the following pages are the parking layouts of the 3 valet vehicle storage areas. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-37 DJM CAPITAL PARTNERS, INC �Z PARKING T i�- ism PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-38 DJM CAPITAL PARTNERS, INC LZ PARKING VIA PRT 11% r �T i t s • The blanket CUP requires 13 tandem stalls for valet storage, with only two double stack rows of parking. By utilizing a triple stack row and a double stack row of parking, we are able to achieve 22 additional valet vehicles (or 35 stalls), which will allow more volume in valet parking. Requesting to maintain 4th floor current triple tandem striping layout and not to adhere to the condition of approval to restripe this area since this will be maintained as a valet assist program. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-39 DJM CAPITAL PARTNERS, INC LZ Traffic Directors At peak times, Traffic Directors will be staffed in order to expedite vehicle movement within the ring road and the parking garage. Valet - Hours of Operation In the Parking Demand Analysis, the firm Linscott, Law, Et Greenspan anticipate a need for Valet Parking to mitigate a potential parking deficit. The projected peak demand based on expected uses is on Thursdays at 1:00 PM. However, Valet Service will be considered an amenity for Lido Marina Village throughout the week. Hours of operation may be adjusted to accommodate the needs of the facility and tenants. The following is the anticipated hours of service: 12p-11pI12p-11pI 12p -11p 112p-12:30aI12p-12:30aIIla -12:30aIIla -11p Staffing Levels "Break -In Period" In order to deliver a positive visitor experience, Lido Marina Village will have a robust staffing and supervision plan during the first 60 - 90 days. This will allow flexibility to respond as the nuances of the parking situation are identified. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-40 DJM CAPITAL PARTNERS, INC LZ The surface parking areas at Lido Marina Village will be managed by the Parking Operator contracted to provide valet service and garage operations for the project. Since these areas are outside of the garage's PARCS and are un -gated. Enforcement To ensure compliance the alley spaces will be checked periodically by parking and/or security staff in order to ensure time -limits are enforced and vehicles parked are displaying valid passes. Unauthorized vehicles will be issued Warnings and repeat offenders may be towed according to CVC 22658a. Parking Area I - "Central Avenue Spaces" - Meters The area designated as "I" in the diagram below are controlled by the City. There are currently 13 parallel spaces on both sides of the street. The renovation plans for the property show this area reconfigured with 14 diagonal spaces on one side of the street. Parking Area II - "Alley Spaces" - Pay &t Display The area designated as "II", consisting of 10 parallel spaces as shown in the diagram below, will also be managed through the use of hang -tag passes or 30 minute only. Parking Area III - Via Oporto - 30 Minute Parking The area designated as "III", shown in the diagram below, consists of City -controlled spaces. It is our understanding the City will manage these spaces and charge for parking. Parking Area IV The area designated as "IV", shown in the diagram below, consists of 7 angled City -controlled metered spaces. Parking Area V - Via Lido The area designated as "V", shown in the diagram below, consists of 13 City -controlled metered spaces on Via Lido. It is our understanding the City will manage these spaces and charge for parking. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-41 DJM CAPITAL PARTNERS, INC LZ PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. • 7-42 DJM CAPITAL PARTNERS, INC In addition to providing parking for vehicles, Lido Marina Village is making strides to encourage other forms of mobility. The property's current 20 bike racks will be increased to 60, a 200% increase. They will be placed at convenient points on the property to encourage utilization. The Bike Exhibit on the following page shows the proposed locations and quantities of each rack: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-43 DJM CAPITAL PARTNERS, INC BIKE EXHIBIT LEGEND EXISTING BIKE RACKS 20 y PROPOSED BIKE RACKS ■ 40 F TOTAL BIKE RACKS 60 .1 r i BIKE (N) BIK �e RAC S 1 4 BICE fE7 3} V `a —k- R (N) B 1C 10 BIKE RACKS \ RACKS IFFY 7— 0. > __... . (- ( p BIKE RACKS ( (N} 6 BIKE \� Y RACKS ( SNI B BI,�.°. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA DJM Capital Partners, Inc. 7-44 DJM CAPITAL PARTNERS, INC In addition, the overall design and layout of the property makes it very walkable. The Pedestrian Exhibit on the following page illustrates paths of travel through the site: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. ' 7-45 DJM CAPITAL PARTNERS, INC i 1 1 1 1 1 tl 1 \ — 1 1 1, �1 1 I i 1 1 1 1 1 tl 1 \ — l i 1 1 II t 1 1 5 1 , t t 0 PEDESTRIAN EXHIBIT LEGEND PEDESTRIAN PATH ----- i' vir----- ----------------- =--�k! 1 LI, e l' 1 q 1 I { PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-46 yd Q I •, W I o rr • LU { r H l i 1 1 II t 1 1 5 1 , t t 0 PEDESTRIAN EXHIBIT LEGEND PEDESTRIAN PATH ----- i' vir----- ----------------- =--�k! 1 LI, e l' 1 q 1 I { PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-46 DJM CAPITAL PARTNERS, INC Lastly, the marina access and boat slips are expected to accommodate approximately 5% of traffic to the restaurants at Lido Marina Village. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-47 DJM CAPITAL PARTNERS, INC As indicated in the Linscott Law and Greenspan Parking Demand Analysis for Lido Marina Village date October 13, 2014 there is a discussion of off -set peak demand for uses throughout the Center. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. WE �- PAkEL ® I �I �r� rJ v aim I 1 I � I _ I I I I __ I SITE PROGRAMMING PLAN PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-49 Parking Structure - Level 1 �• —IN) AWrtlNGQ L g. �2. ,,, / IPo NM11FR 86% \ L- O A1MG 4 JAS O («I AAxxcQ 12 13 19 16 17 18 19 w \Al i* AN SF 10'-2 U9' f (x"I oFclrt u[%:LE1d581G ` } P9 5rouEsnWr 1,, m xwAr� E%1311lk G or n o =, 0 PARKING PROGRAMMING PLAN - LEVEL 1 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-50 Parking Structure - Level 2 :.I •'i F:' e: ff —m W J H z LU 0 PARKING PROGRAMMING PLAN - LEVEL 7 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-51 Parking Structure - Level 3 LLJ J F— z W 0 PARKING PROGRAMMING PLAN - I.FVFI :i PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-52 Parking Structure - Levels 4 and 5 nn m M3 _�, siz Yo I sls z3s f t sca dA., sr. sli sus Seo _ s. ._ IIrjI� ti IIIJ.•tr 1"1 •.5 1`5 I MI. 1111 2171 276J 2'] I a=: :6 I Xi 12 S I X5 J 161 115.. 1+5T 12J31 :41 I 7 —1 "'1- ,— Ma tjt mI m x4, ,F. I zez ,- I — I — I ,,. r.,, I ,•p F3; PALMING PROGRAMMING PLAN - LEVEL 4 & LEVEL 5 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-53 EXHIBIT D Land Use Summary for Lido Marina Village 7-54 Lido Marina Vilage Floor Area Summary 7.1/3/2014 Use Existing Demo Addition New Rate Parking GFA %Total Net change Retail 36598 to take -cut limited, nail salon and Market -3530 -1467 -12,071 9,146 (from h&f, boat rentals, nail salon & restaurant) 28,676 1/250 gross 114.7 0.26 -7,922 Market 0 0 12,071 12,071 11250 gross 48.3 0.11 12,071 Take -Out Limited 0 0 3530 (from retail) 3,530 1/250 gross 14.1 0.03 3,530 Office 30,217 0 0 30,217 1/250 net 120.9 0.27 0 Restaurant 23566 to retail, outdoor dining area and demo -2,626 3,056 (from boat rentals & building revisions) 23,996 1/40 npa 246.7 0-21 430 Outdoor Dining * 3223 10 3,127 5,463 1/40 npa (-25% inpa) 74.9 10.os 2,240 Nail Salon 263 to retail -253 1,467 (from retail) 1,467 1/80 gross 18.3 0.01 1,204 Health and Fitness**" 14027 to retail -1,955 0 12,072 1/200 gross 60.4 0.11 -1955 Boat Rental and Sales 7,358 to retail and restaurant -7,358 0 0 1/350 gross 0.0 0.00 -7,358 Marina 47 -4 0 43 0.75/slip 32.3 N/A -4 TOTAL TOTAL Including Exclusive Outdoor Dining 112029 115252 -27,120 -27,120 27,120 30,247 112,029 117,492 730.5 1.00 NET CHANGE 11,085 10 10 *exclusive dining areas only, Existing nonexclusive dining 887 sq ft ** New restaurant area includes building revisions 1,085 sf ***Curl CUP to be amended ****assumes Electra boats will be parked off-site with an LTP ParkineAvailable Parking Source Existing New Total Street Parking 46 18 64 Parking Structure 362 -4 358 TOTAL 408 1 14 422 Exhibit "B": Land Use Sum 9ary 7-55 SITE SUMMARY GROSS BUILDING AREA 0 RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf 0 OFFICE 30,217 st NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf BUILDING REVISIONS 1,085 sf (FOOD SERVICE) TOTAL BUILDING 112,029 sf (nic patio) NEWPORT BAY °®e 1197 sf / / 7996 s.f. f. ELKS y LODGE � 2244 f. 1541s. - 61P 19 sf 3638 NEWPORT BL 71-s JLc� 81 9� ffiliffilmillilmillilmillilm 56 sf o 762 sf �865—sf 11 , A 0' �1 sf s 620 s� 626 s I VIA OPORTO 3431 VIAOPO RTo 3421 VIAOPO RTO sf 2575 sf 2892 sf 308VIA L 3424 V Q —3434 / 34493639 (NC) (NC) 3408 VIA OPORTO 3404 VIA OPORTO 3400 VIA OPORTO GROUND LEVEL TOTALS RETAIL 28,010 sf FOODSERVICE 17,156 sf RESTAURANT PATIO 4,569 sf NAIL SALON 1467 sf 0 HEALTH & FITNESS 8,225 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 9,059 sf PROPOSED GROSS BUILDING AREA GROUND LEVEL 31M4 VIA IJ�Z GROSS BUILDING AREAAPPLICANT 17848-B Sky Park Circle GROUND LEVEL Irvine, CA 92614 LIDO GROUP RETAIL, LLC 9 4 9. 7 5 7. 3 2 4 0 !� 1 I +� 04 PROPOSED CONDITION 922 LAGUNA STREET www.sms-arch.com � PAGE 17 OF 51 SANTA BARBARA, CA 93101 Copyright - ARCHITECTS 7-56 SITE SUMMARY GROSS BUILDING AREA U RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf 0 OFFICE 30,217 sf 0 NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf O BUILDING REVISIONS ¢nnn coo�nrn 1085 sf NEWPORT BAY ne ELKS LODGE &2n\ ATIO 894 792 sf 5755 sf LJ 4m 1 3431 VIA OPORTO 3421 VIA OPORTO 3408 VIA OPORTO 3404 VIA OPORTO 3400 VIA OPORTO PROPOSED GROSS BUILDING AREA z " SECOND LEVEL GROSS BUILDING AREAAPPLICANT ,7848-BSky Park Circle SECOND LEVEL Irvine, CA 626,4 LIDO GROUP RETAIL, LLC 9 4 9. 7 5 7. 3 2 4 PROPOSED CONDITION 122 LACUNA STREET www.sms-arch.com PAGE 18 OF 51 SANTA BARBARA, CA 93101 Copyright - ARCHITECTS 7-57 SITE SUMMARY GROSS BUILDING AREA U RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf OFFICE 30,217 sf ® NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf BUILDING REVISIONS 0 11085 sf (FOODSERVICE) TOTAL BUILDING rri,. —,1 112,029 sf NEWPORT BAY ELKS LODGE Tel r�. VIA OPORTO THIRD LEVEL TOTALS OFFICE 4,416 sf CONDITIONAL USE GROSS BUILDING AREA PERMITSUBMITTAL THIRD LEVEL LIDO GROUP RETAIL, LLC PROPOSED CONDITION 922 LAGUNA STREET APPLICANT PAGE 19 OF 51 SANTA BARBARA, CA 93101 PROPOSED GROSS BUILDING AREA THIRII I F\/FI 17848-B Sky Park Circle Irvine, CA 92614 949.757.3240 www.sm s -a rc h.com Copyright - ARCHITECTS 7-58 EXHIBIT E Shuttle Management Plan dated August 9, 2016 7-59 ICT +11 I i ., _ i 1 LL 1r - , + •I 1 Lltj:✓ 91:• +iia „ LIDO MARINA SHUTTLE MANAGEMENT PLAN Lido Marina Village, Newport Beach CA Lido Retail Group LLC. I August 9, 2017 i 1&Z PARKING 1. EXECUTIVE SUMMARY 2. OVERVIEW 3. OPERATIONAL DETAILS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-61 Re: Employee Shuttle Management Plan - Lido Marina Village Attn: Patricia Apel Lido Group Retail LLC August 29, 2016 Dear Ms. Apel, On behalf of the entire LAZ Parking family, I am pleased to submit the following Employee Shuttle Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Chris Handlos General Manager chandlos@tazparking.com 1-805-341-5857 1525 E. 17th St., Suite H Santa Ana, CA 92705 Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-62 Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 431 spaces and consists of surface parking and garage parking. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-63 To maximize the parking at Lido Marina for guest use, an Employee Shuttle Program will be implemented to offsite employee vehicles. This 20 passenger shuttle will be provided for EMPLOYEE USE and will be ADA compliant. Below are pictures of our proposed shuttle. In the future, the shuttle may also be made available for customer / patron or charter boat users. SHUTTLE SPECS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-64 MONTHLY PARKERS A monthly parker for Lido Marina Village is defined by a person or persons (employees / associates) working for any tenant who is leasing space at Lido Marina Village or the tenant themselves. The property manager may designate employees / associates of specific tenants to participate in the monthly parker program off-site Distribution of Monthly Parking In order to obtain monthly parking privileges the following steps will need to be taken: (1) Completed Monthly Parking Agreement Form which contain the following: a. Person First and Last name b. Make and model of their vehicle c. Tenant they work for or tenant that is leasing space at Lido Marina Village d. Hours / Days of parking onsite and offsite e. Rules and Regulations of On-site and Off-site Parking f. Penalties and Fines for breaking parking / shuttle rules 8t regulations (2) Once completed and signed the monthly parker will receive the following: a. Hanging Tag for their vehicle which must be displayed at all times b. Shuttle pass - must be shown to the driver when entering the shuttle c. Parking key card - this key card will only be activated and can only be used during non - shuttle operating days / hours. *Should a monthly parker lose any of the above 3 items a $25 replacement per item will be charged. Access to Lido Marina's Parking Garage To ensure monthly parkers to utilize the shuttle and the offsite parking area during high demand days, key cards will be set to only access the parking garage during non-operating shuttle days / hours. Monthly Parking Fee Employees shall not be charged a fee to utilize the off-site parking lot or shuttle program. Access to Hoag Parking Facility Off Site parking for Lido Marina employees is located in the parking structures directly behind the Hoag Health Center in Newport Beach. The parking stalls designated for Lido employees are located in both the 530 and 540 Superior Avenue parking structures. There are approximately 1600 spaces between both parking structures. The shuttle pick up and drop off area is depicted on page 8 of the shuttle plan. Access will be granted to Lido employees after they complete a vehicle registration form. When they turn in the completed form to management, a hang tag will be issued that will identify them as Lido Marina Village employees. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-65 SHUTTLE OPERATIONS Days and Hours of Operations At a minimum, the shuttle will operate during the following times: Friday and Saturday (4p - 10p) and when on-site parking structure is expected to exceed 85% Arrival and Departure Schedule A full complete shuttle route will take approximately 20 minutes. The shuttle will commence at the top off the hour and will complete 3 trips each hour. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-66 OVERVIEW lax / V Hoag Arrival / Departure Zone Non-exclusive employee parking up to 100 spaces per lease agreement ii -UIll" U Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-67 OVERVIEW .540 Su _rior Ave v 04 e C..�9a SI �- �`�dc � �' . ogq�- H"' i a � � ? • y .. Pf ;Y� m (+ . � Y 4 S! ■ i]�iu"NeI,i A 4.• !. ¢ a I SAND St n �r ..5�' `=Pa`kL� 'i � _p• ,� �1�.y�ll qi :�0 _b "sc 1 N oo�st-NwY _� rBe'�0a'C-cti es 9 R �y y �a�7qy, � ���:: � a..�.s•� r'i�� # ,.-r.e��-� - : - ..::� � G�1'���Beach��� V?��..�°r�..irra'>�•la`��-111 REPORTING: Operations shall maintain a list of all permit holders and shall track ridership of the shuttle on an hourly basis. Said records shall be submitted to the Planning Division staff on a monthly basis for the first year. ADDITIONAL Q Et A Discuss specifically who the off-site lot is intended to serve. Is it for employees only? Will any tenants (i.e. Electra or other) or customers be required to park here? Off-site parking lot will be intended for Monthly Parker of Lido Marina Village (employees/associates as defined in the Lido Shuttle Management Plan). In the future, the shuttle may also be made available for customer / patrons or charter boat users. 2. How will enforcement of the off-site parking lot work? How will employees be required to park in the off-site lot? Is there a provision in the tenant lease that notifies the shop owners to make their employees park of -site and take the shuttle? Management will hold Tenant meetings to supplement parking communication that will be sent out to not only the store employees working at Lido but to their corporate notice addresses as well. ■ Lease language is also in place to give Landlord the ability to determine where monthly porkers must park. Please see below and on the next page. 2.2 Vehicle Parking. Provided Lessee is not in default, Lessee's invitees and customers shall be entitled to the non-exclusive right to park in the Project -related parking facilities, which may be located at the Project and/or off-site, at reasonable rates and fees as determined by Lessor from time to time. Lessor may require that a valet service be utilized for some or all of the parking facilities at any time and frorn time to time. Employees, invitees and customers of Lessee will be required to pay for parking in the Project -related parking facilities. Use of such parking facilities for Lessee's employees, invitees and customers shall be at all times be subject to availability and to the fees and reasonable rules and procedures that may be implemented by Lessor from time to time_ Subject to availability and to the terms and conditions of this Section 2.2, Lessee may rent from Lessor a limited number of unreserved employee parkin passes, as may be mutually agreed upon by Lessor and Lessee_ All employees of Lesace who are permitted to park in the Project -related parking facilities, as determined by Lessor, must display a parking sticker on their automobile in the location designated by Lessor, which sticker will be provided by Lessor_ Lessee shall pay to Lessor monthly with Base Rent the then -prevailing rate charged. by Lessor for any unreserved employee parking passes rented to Lessee (which is currently $85.00 per pass per month)_ If Lessee commits, permits or allows any of the prohibited activities respecting parking described in this Lease or the rules then in effect Lessor shall have the right without notice, in addition to such other rights and remedies that it may have, to (i) remove the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor; (ii) terminate Lessee's employee parking passes; and/or (iii) charge the then current rate for customer parking. The employee parking passes rented by Lessee are provided to Lessee solely for use by Lessee's employees and such passes may not be transferred, assigned, subleased or otherwise alienated by Lessee or its employees without Lessor's prior written approval, which approval may be withheld by Lessor in its sole and absolute discretion. The use by Lessee and its employees, customers and invitees of the project -related parking facilities shall be on the terms and conditions established by Lessor from time to time_ Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, customers or invitees to be loaded, unloaded or parked in areas other than —triose designated for such activities by Lessor. Lessor specifically reserves the right to change the L'size, configuration, design, layout, location and all other aspects of the parking facilities and 7-69 Lessee acknowledges and agrees that Lessor may without incurring any liability to Lessee and without any abatement or Rent under this T.eaee_ frnm time-. t— time 1.,c 4*, Discuss the shift management with the use of the off-site parking lot and the shuttle hours. Will only employees who have afternoon shifts be required to park in the off-site lot? How will this be regulated? As stated in the Lido Marina Shuttle Management Plan the monthly parker with be regulated by the following: (1) Parking Agreement Forms (2) Hanging Vehicle Tags (3) Shuttle Passes (4) Key Cards (5) The use of technology of the PARCS equipment Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-70 Attachment C Planning Commission Resolution No. 2068 7-71 RESOLUTION NO. 2068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2017-019 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE AND SUPERSEDING UP1636 AND UP2014-014 (PA2017-135) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. DJM Capital Partners, Inc. manages and operates a retail shopping center called Lido Marina Village (LMV) located at 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd). The properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907. 2. Lido Marina Village operates pursuant to Conditional Use Permit No. UP2014-014 (PA2014-002) approved by the Planning Commission on December 18, 2014. The CUP authorized a specific mix of uses and a parking space reduction pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.110, and off-site parking pursuant NBMC Section 20.40.100. UP2014-014 is subject to a Parking Management Plan (PMP). 3. On November 17, 2016, the Planning Commission authorized off-site parking for LMV employees pursuant to UP2014-014 located specifically at 540 Superior Avenue (Hoag Health Center) with a shuttle. 4. DJM Capital Partners, Inc. (applicant) filed an application requesting modifications to the parking management plan, off-site parking and shuttle plan as authorized by UP2014-014. Changes include the modification of the off-site parking shuttle, relocation of employee parking to the fourth and fifth level of the parking structure, parking pricing adjustments, valet plan changes, and the addition of valet parking for LMV customers at an additional off-site location (3700 Newport Boulevard) after 7 p.m., daily. 5. The subject property is located within the MU -W2 (Mixed -Use Water Related) Zoning District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water Related). The subject property is located within the coastal zone and the Coastal Land Use Plan category is MU -W (Mixed -Use Water Related). 6. A public hearing was held on October 19, 2017, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 7-72 Planning Commission Resolution No. 2068 Page 2 of 10 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 5 (Minor Alterations in Land Use Limitations) exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including, but not limited to minor lot line adjustments, set back variances, minor encroachment permits, and reversions to acreage. This Conditional Use Permit application requests modifications to existing parking management strategies for a shopping center where permitted land uses or density would not be changed and no physical changes to the subject property within Lido Marina Village would occu r. SECTION 3. REQUIRED FINDINGS. The request to modify the parking management plan and off-site parking are considered substantial changes where this Conditional Use Permit shall supersede Conditional Use Permit No. UP2014-014 (PA2014-002). In accordance with NBMC Section 20.40.110.B.1 (Reduction in Off -Street Parking), the following conditions are set forth for the parking reduction and PMP: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed-use development). Facts in Support of Finding: The applicant has provided parking occupancy data related to the parking structure in Lido Marina Village. The applicant will be required to continue providing off-site parking with a shuttle service during peak occupancy periods from 4 p.m. through 10 p.m., Friday and Saturday, and during other periods that generate parking demands where occupancy within the parking structure is expected to exceed eighty-five percent (85%). The applicant will be required to continue providing real time parking monitoring data as well as shuttle usage monitoring data. 2. Parking within Lido Marina Village includes a multi-level parking structure, parking within Central Avenue, Via Oporto, and along the north side of Via Lido. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within six hundred fifty feet (650') of the most remote uses; however, the majority of the spaces are located within the parking structure and are located within three hundred feet (300') of uses. 7-73 Planning Commission Resolution No. 2068 Page 3 of 10 3. Off-site parking via shuttle service is available for employees at 540 Superior Avenue during peak parking periods. 4. Off-site parking with valet service is available for customers at 3700 Newport Boulevard from 7 p.m. through 2 a.m., daily, and these hours do not conflict with office uses al 3700 Newport Boulevard. 5. The parking occupancy data, parking layout plans, right-of-way improvements, modifications to the Lido Marina Village parking structure, and proposed valet operations plan have been reviewed and found convenient, safe and effective by the City Traffic Engineer. Finding: B. A parking management plan (PMP) shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: The applicant has provided an updated PMP dated June 1, 2017, prepared by LAZ Parking. The PMP provides a comprehensive strategy to manage the existing parking structure in Lido Marina Village including: valet operations, improvements to facilitate increased mobility for bicycles, pedestrians, boats, the provision for future off-site parking when parking demand exceeds on-site supply, and limits on uses which generate higher parking demand. The applicant shall continue to provide secure off-site parking, consistent with Section 20.40. 100 (Off -Site Parking) of the Zoning Code at two off-site locations (540 Superior Avenue and 3700 Newport Boulevard). 2. The distance of off-site parking at 540 SuperiorAvenue and shuttle service is convenient to providing employee parking given implementation of the Shuttle Management Plan dated August 9, 2017. In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: The Planning Commission has reviewed any proposed off-site parking locations to ensure that they are located a convenient distance from Lido Marina Village. A shuttle service will be provided to 540 Superior Avenue for employees or patrons on Friday and 7-74 Planning Commission Resolution No. 2068 Page 4 of 10 Saturday afternoons (4 p.m. to 10 p.m.) and during peak periods when parking occupancy within the parking structure is expected to exceed eighty-five percent (85%). 2. Fifty-five (55) public and municipal metered spaces are available within Lido Marina Village within the Central Avenue and Via Oporto public rights-of-way. These spaces do not contribute to satisfying the off-street parking requirement for Lido Marina Village; however, these public spaces will likely be utilized by visitors to Lido Marina Village due to proximity. The public spaces will remain available to the public and will not be controlled by the applicant. 3. The parking facility at 540 Superior Avenue provides one hundred (100) parking spaces and is located approximately two (2) miles driving distance from Lido Marina Village. The off-site parking will serve employees who require longer term stays. A shuttle van will operate between the off-site parking facility and Lido Marina Village providing three round trips per hour during operations. The distance and shuttle service is convenient to provide employee parking given implementation of the Shuttle Management Plan dated August 9, 2017. 4. The parking facility at 3700 Newport Boulevard provides twenty (20) valet parking spaces and is located within Lido Marina Village and will be accessible for Lido Marina Village from 7 p.m. through 2 a.m., daily, when office uses are closed. The off-site parking lot will serve valet operations for customers when peak demand for restaurants occur. The parking facility is conveniently accessible with the existing valet circulation plan. Finding: D. On -street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: On -street parking (55 spaces) within Lido Marina Village is not utilized to satisfy the required parking requirements. 2. The off-site parking located at 540 Superior Avenue is located within a private parking structure and on -street parking is not utilized to satisfy the required parking requirements. 3. The off-site parking lot located at 3700 Newport Boulevard is a private surface parking lot within Lido Marina Village and on -street parking is not utilized to satisfy the required parking requirements. Finding: E. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. 7-75 Planning Commission Resolution No. 2068 Page 5 of 10 Facts in Support of Finding: The Planning Commission and City Traffic Engineer have reviewed the proposed off- site parking locations at 540 Superior Avenue and 3700 Newport Boulevard to ensure that they are located and operated to avoid undue traffic hazards or impacts to surrounding uses prior to implementation. Notice has been provided to residents, businesses, and property owners within three hundred feet (300') of the proposed parking lot. 2. The off-site parking facility is located at 540 Superior Drive is accessed from a signalized intersection from Superior Avenue and is a four -lane major highway. Employee parking at 540 Superior Avenue is expected to range between zero and one -hundred employees per day and employees will have differing shifts. As a result, traffic increases will be spread throughout the day and evening. The increased traffic to the off-site parking facility will be approximately two hundred (200) trips per day, below a threshold that requires any traffic analysis. 3. The off-site parking facility at 3700 Newport Boulevard is accessed at the terminus of Central Avenue within Lido Marina Village. Customer valet parking will occur after 7 p.m. when business offices that use this parking area are closed. Valet operations will follow the existing approved valet circulation plan in place for Lido Marina Village so as not to create undue traffic hazards for the surrounding area. Finding: F. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: A minimum of one hundred (100) parking spaces shall be provided for employee and/or customer parking at 540 Superior Avenue. This parking area is an off-site, private lot offered by a lease or other binding private agreement. 2. A minimum of twenty (20) parking spaces shall be provided for customer valet parking from 7 p.m. through 2 a.m., daily, at 3700 Newport Boulevard. This parking area is an off-site, private lot offered by a lease or other binding agreement. 3. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off- site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any 7-76 Planning Commission Resolution No. 2068 Page 6 of 10 termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2017-019, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2017-019 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary, or 4) the applicant can provide a parking demand study based upon observed parking over time showing that available on-site parking is sufficient to accommodate uses authorized by Conditional Use Permit No. UP2017-019 thereby supporting a parking reduction. 4. Off-site parking will be provided in accordance with NBMC Section 20.40.100 (Off -Site Parking). The required off-site parking shall be provided and permanently maintained for employees and/or parking as long as the use authorized by Conditional Use Permit No. UP2017-019 remains effective or is deemed unnecessary based upon a parking utilization analysis demonstrating a lack of need for off-site parking. 5. Appropriate signage shall be provided, indicating the availability of any off-site parking provided, subject to the review of the Community Development Director. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: G. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU -W2 (Mixed -Use Water Related) land use designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. Although Lido Marina Village does not include residential uses, the proposed mix of retail, marine - related commercial, service commercial, office, and restaurant uses are consistent with the MU -W2 (Mixed -Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the parking monitoring data and implementation of the amended PMP will ensure that an adequate supply of parking is provided for Lido Marina Village based upon the shared use of parking within Lido Marina Village and off-site parking for patrons or employees when parking demand warrants it. Any future off-site parking must meet the conditions of NBMC Section 20.40.100 (Off -Site Parking) of the Zoning Code to ensure the parking 7-77 Planning Commission Resolution No. 2068 Page 7 of 10 is convenient and available when it is necessary while minimizing other conflicts or nuisance to surrounding properties. 3. The project site is not located within a Specific Plan area. Finding: H. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: The MU -W2 (Mixed -Use Water Related) zoning district applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine -related commercial, service commercial, office, and restaurant uses are permitted or conditionally permitted in the MU -W2 (Mixed -Use Water Related) Zoning District. 2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures does not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with NBMC Section 20.40.110 (Adjustments to Off -Street Parking Requirements) of the Zoning Code based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Off-site parking at 540 Superior Avenue and 3700 Newport Boulevard is consistent with NBMC Section 20.40.100 (Off -Site Parking). Finding: The proposed project is consistent with applicable policies of the Coastal Land Use Plan that require public access to and along the waterfront. Facts in Support of Finding: The project includes an improved public waterfront walkway no less than 6 feet (6') wide, but preferably ten feet (10') wide across the entire project site 3400-3450 Via Lido. Public access between Via Oporto and the waterfront walkway will be provided by a minimum of three separate public walkways that will also be six (6) feet in width. 2. The walkways will be improved and provided prior to issuance permits for outdoor patios in the existing public easement as identified in the approved PMP. 7-78 Planning Commission Resolution No. 2068 Page 8 of 10 3. All public walkways will be open to the public at all times and appropriate coastal access signage will be provided. Finding: J. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: The Lido Marina Village commercial area has been operating from its current location in Lido Village since the early 1970s and has been compatible with the commercial, institutional, and residential uses in the Lido Village area. The site has been operating with a significant number of vacancies for quite some time and revitalization of the area has been a priority of the City for a number of years. As a result, the City adopted the Lido Village Design Guidelines in 2012, to guide property owners toward making improvements to promote revitalization and compatibility. The parking reduction and PMP allow for the re -occupancy of Lido Marina Village with uses consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand over time. 2. Lido Marina Village is a developed site. The applicant is not seeking any additional building area; however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code. Lido Marina Village will provide three hundred seventy-six (376) private parking spaces within the existing on-site parking garage, one hundred (100) off-site parking spaces at 540 Superior Avenue, twenty (20) off-site valet spaces at 3700 Newport Boulevard, and fifty-five (55) public parking spaces for visitors to the area with the implementation of the proposed PMP. The PMP is a comprehensive parking management solution that includes additional off-site parking consistent with the requirements of the Zoning Code, should it prove necessary in the future as Lido Marina Village is re -occupied. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. 3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant uses included within Lido Marina Village will serve visitors, area businesses, and residents in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan policies, will be provided to Newport Bay as required by the conditions of approval. 7-79 Planning Commission Resolution No. 2068 Page 9 of 10 Finding: K. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: The facts in support of Finding J support this finding and are incorporated by reference. 2. Strict adherence to the valet circulation and parking plan will ensure that vehicle and pedestrian traffic provide proper access through Lido Marina Village. 3. Emergency access to and through Lido Marina Village is currently provided from Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are currently provided and proposed changes to the rights-of-way have been reviewed and approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 4. Lido Marina Village is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public services and utilities. 5. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health Department. Finding: L. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: The facts in support of findings A through K support this finding and are incorporated by reference. 2. The renovations to Lido Marina Village should have a positive impact on the area and may promote further revitalization of commercial properties in the Lido Village area. Potential restaurants within Lido Marina Village will require either a subsequent Minor Use Permit or Conditional Use Permit or an amendment to existing permits that will provide a public review process to ensure that the parking for said uses are consistent with the PMP and parking monitoring data. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City. 7-80 Planning Commission Resolution No. 2068 Page 10 of 10 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-019 (PA2017-135), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP1636, Use Permit No. UP2014-014 (PA2014-002) (Planning Commission Resolution Nos. 1966, and 2039), which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF OCTOBER, 2017. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak ABSTAIN: None ABSENT: Dunlap M :'A 7-81 Planning Commission Resolution No. 2068 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING Parking at Lido Marina Village is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking Management Plan (PMP) dated June 1, 2017, prepared by LAZ Parking, and any amendments to the PMP shall be reviewed and be approved by the Community Development Director with notice on the Planning Commission agenda prior to expiration of the appeal period for decisions of the Community Development Director. 2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a higher parking requirement than the base retail rate) exceed the maximum gross floor area of uses identified the Land Use Summary dated November 3, 2014, attached as Exhibit "B" to this resolution. 3. Conditional Use Permit No. UP2017-019 (PA2017-135) authorizes a parking reduction from what would otherwise be required by the Zoning Code and establishes the maximum intensity of uses within Lido Marina Village that may be allowed. This Use Permit does not authorize further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits. 4. The parking structure shall provide a minimum of three hundred forty-one (341) parking spaces in a self -park configuration. The parking supply shall be increased by an additional thirty-five (35) spaces with tandem and aisle stacking with the implementation of the approved valet operations plan for a total of three hundred seventy-six (376) spaces. 5. Customer parking pricing for the parking structure shall adhere to the pricing schedule provided as an exhibit to the approved PMP dated June 1, 2017. Proposed changes to the parking fees shall be submitted to the Community Development Director at least 60 days prior to becoming effective. The Community Development Director may disapprove parking fee increases that would likely cause employees or patrons of LMV to choose to park on area streets. 6. A minimum of twenty (20) parking spaces shall be provided for customer valet parking from 7 p.m. through 2 a.m., daily, at 3700 Newport Boulevard. This parking area is an off-site, private lot secured by a private lease or other binding agreement. 7. A minimum of one hundred (100) parking spaces shall be provided free of charge for employees at 540 Superior Avenue on Fridays, and Saturdays from 4 p.m. and 10 p.m. and when anticipated parking structure occupancy exceeds 85 percent (such as for special events or when the property manager and Community Development Director anticipate higher demand in the parking structure). This parking area is an off-site, private lot secured by a private lease or other binding private agreement. The 7-82 Planning Commission Resolution No. 2068 Community Development Director may expand or reduce the hours or days based upon parking demands or parking conflicts. 8. A parking agreement orcovenant, in a form approved by the City Attorney and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the properly where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2017-019, the Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2017-019 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40. 110 rendering the required off-site parking unnecessary. 9. Substitute off-site parking shall be located within a convenient distance to the project site as determined by the Director. On -street parking may not be considered. The substitute parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. The substitute required off-site parking shall be provided and permanently maintained for LMV employee or patron parking as long as the uses authorized by Conditional Use Permit No. UP2017- 019 remains effective. 10. The approval of off-site parking may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. If off-site parking is secured and made available for patron use, the applicant shall provide appropriate signage indicating the availability and location of the off-site parking to the satisfaction of the Community Development Director. 12. On or before November 1, 2017, the Applicant shall implement the Lido Marina Village Shuttle Management Plan dated August 9, 2017, as amended by these conditions of approval. At a minimum, the shuttle will operate on Fridays and Saturdays from 4 p.m. through 10 p.m., or when the parking structure occupancy is expected to exceed eight - five percent (85%). The Community Development Director may authorize modification of the off-site parking shuttle hours based on parking monitoring and shuttle data provided by the applicant. 13. The applicant shall submit a weekly utilization report for the Lido Marina Village parking structure and shuttle service showing parking over time and different days. The reports shall be submitted weekly through and including October of 2018. Periodic reports 7-83 Planning Commission Resolution No. 2068 thereafter may be required by the Community Development Director or the Planning Commission. 14. Parking management shall be monitored by the applicant and the Community Development Department on an ongoing basis or as determined necessary by the Community Development Director. The Director may require review by the Planning Commission if parking problems occur that are not adequately remedied by the applicant. 15. Signage shall be installed and maintained near existing short-term parking and loading areas near to 3505 Via Oporto directing rideshare services to utilize the on -street loading spaces for pick-up and drop-off and not block the streets. Valet operators shall instruct rideshare drivers to not block streets. 16. The applicant shall provide the following incentives to tenants and employees to encourage use of the parking and shuttle program: a. Discount fees for purchasing long term parking passes (i.e. 15 percent for a 12 -month parking pass, 5 percent for a 6 -month parking pass). b. Discounts on purchases at Lido Marina Village shops. c. Discounts on monthly parking passes (i.e. 5 percent) when using an auto -pay option. d. Monthly raffle to prepaid Parkers where winners receive a prize or gift (i.e. a gift card, prize, or permission to park in the on-site parking structure rather than the off-site structure). e. Weekly or Monthly raffle for shuttle users where regular ridership is rewarded by a gift or prize. 17. The applicant shall require each tenant and employee to place a sticker on his or her vehicle that identifies the vehicle's relationship to Lido Marina Village to allow for enhanced parking management and monitoring. The sticker shall be placed in the front windshield of the vehicle within a seven-inch square in the lower corner farthest removed from the driver's position. 18. All new, amended or extended leases shall include.- a. nclude. a. Language that strongly encourages tenant and employee use of available parking and shuttle resources provided by the applicantAandlord. b. Language strongly encouraging participation in incentive programs organized and implemented by the applicant/landlord to encourage the use of the parking and shuttle program. 19. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with Coastal Land Use Plan policies. The walkway shall be a minimum of six (6) feet in width but preferably ten (10) feet wide or 7-84 Planning Commission Resolution No. 2068 more. Minor encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be maintained. The final location, width, design of the walkway shall be reviewed and approved by the Harbor Resources Division and Community Development Director. Public access to the waterfront walkway shall be maintained at all times. 20. A minimum of three vertical public walkways shall be maintained between Via Oporto and the lateral public access walkway along the waterfront, consistent with Coastal Land Use Plan policies. The walkways shall be a minimum of six (6) feet in width but preferably wider. Minor encroachments may be permitted by the Community Development Director provided adequate access will be maintained. The three public walkways shall not be gated or otherwise blocked and shall be open for public access at all times. a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123- 04). b. The second walkway shall be provided and maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located. c. The third walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07) with the final location to be reviewed and approved by the Community Development Director. 21. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the Newport Beach Municipal Code. The applicant shall install and maintain appropriate public access signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Community Development Director. 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 23. Should the property be sold or otherwise come under different ownership or control, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 24. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 7-85 Planning Commission Resolution No. 2068 25. Conditional Use Permit No. UP2017-019 (PA2017-135) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 26. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The project shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 27. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 28. This conditional use permit supersedes Use Permit No. UP1636, except this Conditional Use Permit continues to authorize the existence of a public parking garage that exceeds the basic height limit up to thirty five feet (35) in height based upon the facts in support of findings provided by the approval of UPI 636. 29. This conditional use permit supersedes Conditional Use Permit No. UP2014-014 (PA2014-002). 30. To the fullest extent permitted by law, the applicant shall indemnify, defend, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Conditional Use Permit No. UP2017-019 (PA2017-135). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 7-86 Planning Commission Resolution No. 2068 FIRE 31. For existing fire access roadways, the minimum street width shall be twenty (20) feet, with no parking on either side. The width shall be increased to twenty-six (26) feet within thirty (30) feet of a fire hydrant, with no vehicle parking allowed on either side of the street. Existing nonconforming conditions may remain until such time when the project site is redeveloped and all nonconformities shall be removed. No new structures will be allowed within fire access roadways without the prior review and approval of the Fire Department. 32. Where areas of no parking are required due to access and roadway widths, "No Parking" signs and/or red curbing will be required and must comply with Newport Beach Fire Department Guideline C.02. 33. Valet drop-off and pick-up may be conducted in designated parking spaces along the Via Oporto curb and shall not be conducted in fire access roadways. 34. The private alley between Via Oporto and Via Lido is designated as an emergency fire lane and the required 20 -foot width shall not be obstructed at any time. BUILDING 35. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 36. Employees shall be provided access to accessible parking spaces for the disabled. PUBLIC WORKS 37. Valet parking operations may be provided and shall be conducted consistent with the PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking service shall be provided when parking demand is expected to exceed 85 percent utilization of the parking structure. Valet parking shall not be permitted within public parking areas. 38. All improvements subject to an encroachment agreement or encroachment permit shall be constructed as required by Ordinance and the Public Works Department. 39. An encroachment permit shall be required for all work activities or development within the public right-of-way, any public easements, on City -owned utilities or City -owned property. 40. All non-standard or private improvements within Via Lido, Central Avenue, and Via Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the 7-87 Planning Commission Resolution No. 2068 Public Works Department and City Council. An updated encroachment agreement and permit shall be completed for non-standard or private improvements prior to installation. 41. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto, and Central Avenue, the applicant shall remove and replace any damaged concrete curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction shall be determined by the Public Works Department. 42. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking spaces and parking aisle widths within the parking structure shall comply with City Standard #805-L-A&B. 43. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. :: EXHIBIT "B" Land Use Summary for Lido Marina Village :• Lido Marina Vilage Floor Area Summary 7.1/3/2014 Use Existing Demo Addition New Rate Parking GFA %Total Net change Retail 36598 to take -cut limited, nail salon and Market -3530 -1467 -12,071 9,146 (from h&f, boat rentals, nail salon & restaurant) 28,676 1/250 gross 114.7 0.26 -7,922 Market 0 0 12,071 12,071 1/250 gross 48.3 0.11 12,071 Take -Out Limited 0 0 3530 (from retail) 3,530 1/250 gross 14.1 0.03 3,530 Office 30,217 0 0 30,217 1/250 net 120.9 0.27 0 Restaurant 23566 to retail, outdoor dining area and demo -2,626 3,056 (from boat rentals & building revisions) 23,996 1/40 npa 246.7 0-21 430 Outdoor Dining * 3223 10 3,127 5,463 1/40 npa (-25% inpa) 74.9 10.os 2,240 Nail Salon 263 to retail -253 1,467 (from retail) 1,467 1/80 gross 18.3 0.01 1,204 Health and Fitness**" 14027 to retail -1,955 0 12,072 1/200 gross 60.4 0.11 -1955 Boat Rental and Sales 7,358 to retail and restaurant -7,358 0 0 1/350 gross 0.0 0.00 -7,358 Marina 47 -4 0 43 0.75/slip 32.3 N/A -4 TOTAL TOTAL Including Exclusive Outdoor Dining 112029 115252 -27,120 -27,120 27,120 30,247 112,029 117,492 730.5 1.00 NET CHANGE 11,085 10 10 *exclusive dining areas only, Existing nonexclusive dining 887 sq ft ** New restaurant area includes building revisions 1,085 sf ***Curl CUP to be amended ****assumes Electra boats will be parked off-site with an LTP ParkineAvailable Parking Source Existing New Total Street Parking 46 18 64 Parking Structure 362 -4 358 TOTAL 408 1 14 422 Exhibit "B": Land Use Sum 9ary 7-90 SITE SUMMARY GROSS BUILDING AREA 0 RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf 0 OFFICE 30,217 st NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf BUILDING REVISIONS 1,085 sf (FOOD SERVICE) TOTAL BUILDING 112,029 sf (nic patio) NEWPORT BAY °®e 1197 sf / / 7996 s.f. f. ELKS y LODGE � 2244 f. 1541s. — 61P 3638 NEWPORT BL 71-s JLc� 81 9� 56 sf o 762 sf �865—sf 11 , A 0' �1 sf s 620 s� 626 s I VIA OPORTO 3431 VIAOPO RTo 3421 VIAOPO RTO 19 sf � v sf 2575 sf 2892 sf 308VIA L 3424 V Q -3434 / 34493639 (NC) (NC) 3408 VIA OPORTO 3404 VIA OPORTO 3400 VIA OPORTO GROUND LEVEL TOTALS RETAIL 28,010 sf FOODSERVICE 17,156 sf RESTAURANT PATIO 4,569 sf NAIL SALON 1467 sf 0 HEALTH & FITNESS 8,225 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 9,059 sf PROPOSED GROSS BUILDING AREA GROUND LEVEL 31M4 VIA IJ�Z GROSS BUILDING AREAAPPLICANT 17848-B Sky Park Circle GROUND LEVEL Irvine, CA 92614 LIDO GROUP RETAIL, LLC 9 4 9. 7 5 7. 3 2 4 0 !� 1 I +� 04 PROPOSED CONDITION 922 LAGUNA STREET www.sms-arch.com � PAGE 17 OF 51 SANTA BARBARA, CA 93101 Copyright - ARCHITECTS 7-91 SITE SUMMARY GROSS BUILDING AREA U RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf 0 OFFICE 30,217 sf 0 NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf O BUILDING REVISIONS ¢nnn coo�nrn 1085 sf NEWPORT BAY ne ELKS LODGE &2n\ ATIO 894 792 sf 5755 sf LJ 4m 1 3431 VIA OPORTO 3421 VIA OPORTO 3408 VIA OPORTO 3404 VIA OPORTO 3400 VIA OPORTO PROPOSED GROSS BUILDING AREA z " SECOND LEVEL GROSS BUILDING AREAAPPLICANT ,7848-BSky Park Circle SECOND LEVEL Irvine, CA 626,4 LIDO GROUP RETAIL, LLC 9 4 9. 7 5 7. 3 2 4 PROPOSED CONDITION 122 LACUNA STREET www.sms-arch.com PAGE 18 OF 51 SANTA BARBARA, CA 93101 Copyright - ARCHITECTS 7-92 SITE SUMMARY GROSS BUILDING AREA U RETAIL 28,676 sf 0 FOOD SERVICE 22,911 sf 0 RESTAURANT PATIO 5,463 sf OFFICE 30,217 sf ® NAIL SALON 1467 sf 0 HEALTH & FITNESS 12,072 sf 0 TAKE OUT F&B 3,530 sf 0 MARKET 12,071 sf BUILDING REVISIONS 0 11085 sf (FOODSERVICE) TOTAL BUILDING rri,. —,1 112,029 sf NEWPORT BAY ELKS LODGE Tel r�. VIA OPORTO THIRD LEVEL TOTALS OFFICE 4,416 sf CONDITIONAL USE GROSS BUILDING AREA PERMITSUBMITTAL THIRD LEVEL LIDO GROUP RETAIL, LLC PROPOSED CONDITION 922 LAGUNA STREET APPLICANT PAGE 19 OF 51 SANTA BARBARA, CA 93101 PROPOSED GROSS BUILDING AREA THIRII I F\/FI 17848-B Sky Park Circle Irvine, CA 92614 949.757.3240 www.sm s -a rc h.com Copyright - ARCHITECTS 7-93 EXHIBIT "C" Parking Management Plan dated June 1, 2017 7-94 F + Fb 4. W 4� f 1 .. .► r • la— it I l � - 4 1�• I � .�_ 000 HAP RA PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA DJM Capital Partners, Inc. I June 1, 2017 i 1. OVERVIEW 4 2. PARKING GARAGE: SELF -PARKING 5 3. VALET Et EMPLOYEE STACKED PARKING 7 4. SURFACE PARKING 15 5. MOBILITY: BICYCLE, PEDESTRIAN AND BOAT 17 6. OFF -SET HOURS 22 7. EXHIBIT A: SIGNAGE Et WAY -FINDING 23 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-96 DJM CAPITAL PARTNERS, INC LZ Re: Parking Management Plan - Lido Marina Village Attn: Becky Sullivan DJM Capital Partners, Inc. June 1, 2017 Dear Ms. Sullivan, On behalf of the entire LAZ Parking family, I am pleased to submit the following Parking Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Jared Svendsen Regional Vice President isvendsen@lazparkin.com 1-858-587-8888 9333 Genesee Ave, Suite 220 San Diego, CA 92121 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-97 DJM CAPITAL PARTNERS, INC Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 422 spaces and consists of surface parking and garage parking. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. O DJM CAPITAL PARTNERS, INC LZ Entrances £t Exits The parking garage will be accessed by self-parkers through the main entrance on Via Lido. Signage at the entrance will inform parkers of the rules of the parking facility, applicable parking rates, validation procedures (if any), and method of payments accepted. Parking Equipment In order to manage parking and capture revenue a Parking Access and Revenue Control System (PARCS) will be installed at each entrance. The lanes will be controlled using ticket dispensers in the entry lanes and gate arms in all lanes. Upon entry, a ticket will be pulled allowing for efficient ingress. Pay Stations Before occupancy of the restaurants, the parking facility will be equipped with automated equipment at exit and a Pay -On -Foot (POF) station to be located near the main pedestrian ingress point. Through a coordinated signage program, visitors will be encouraged to take their entry ticket with them. They will pay just prior to exiting at the POF station. Payment options at the POF will include cash, credit, and debit. Upon payment of the parking ticket, an exit ticket will be issued, which will simply need to be inserted into an exit machine installed in all of the exit lanes. Once the exit machine verifies parking fees have been paid, the gate arm raises to allow the vehicle to exit. If a balance is due, the visitor will have the option to pay with credit/debit card. Should the visitor require assistance, they will interact with an attendant via the intercom in order to complete the transaction. Visitors will be encouraged to pay prior to exiting the garage at the POF. The POFs will accept cash, credit, debit, and validations. At the exit, the equipment will only accept credit cards, debit cards, and validations for payment. Typically, it is recommended to only accept cash and dispense change at the POFs and not in the exit lanes in order to minimize transaction times and maintain an acceptable Level of Service. Pay Et Display In addition to garage parking the property will also offer public parking in the 3700 lot after tenant hours. A P&D machine, easily accessible, will be placed in the lot in addition to proper signage stating public parking hours and hour to pay for parking. During tenant hours proper hang tags will be required and must be visible at all times. Typically, it is recommended to only accept credit card for P&D Machines. Customer Service Ambassadors During peak periods, we anticipate staffing Customer Service Ambassadors (CSAs) at the exit lanes to help expedite the process and provide support as needed to allow for efficient egress. Although the equipment will be automated and visitors will be encouraged through a sign program to pay in advance at one of the POFs, some visitors may approach the exit and not be prepared to pay with a credit or debit card. In those cases, the CSAs will be equipped with pre -loaded value cards compatible with the PARCS system. The CSA can then manually calculate the parking fee and collect PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-99 DJM CAPITAL PARTNERS, INC cash payments. They will then vend the gate using their card. Revenue reconciliation and audit processes ensure all revenue is accounted for. Signage £t Way -Finding A comprehensive sign program has been developed for the entire property, including the parking areas. A detailed plan is included in Exhibit A: Signage and Way -finding. Monthly Parking / Key Cards To help better manage the parking at Lido Marina Village and allow more parking for transient guests, we would proposed key access as follows: Monday 6am through Friday 6pm weekly. Key cards can be activated 7 days a week for an agreed upon premium rate. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-100 DJM CAPITAL PARTNERS, INC LZ Greeting Zone The Greeting Zone or valet staging area will be located in a turn -out area along the curb located on Via Oporto near the 3450 Via Oporto building. This greeting area will have the capacity to hold 3 vehicles at any one time. We would proposed an $8 service charge for valet service. We would recommend keeping the valet podium locked and covered at the greet zone to persevere the life of the podium. All other valet equipment will be stored in the parking office and taking in and out each night the valet program is offered. The approximate location of the Greeting Zone is shown below as indicated by the red star. The blue arrows illustrate the path of travel for valet vehicles in to the garage, where the vehicles will be stored, and out of the garage, as vehicles are returned to guests in the greeting zone. The green arrows illustrate the path of travel of valet runners to and from the greeting zone and the garage, where the vehicles will be stored. A Valet Attendant will drive the vehicle from the Greeting Zone to one of the 3 designated vehicle storage areas. The drive pattern is to and from the Greeting Zone is efficient and works well with the traffic circulation of the property. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. Lot 3 7-101 DJM CAPITAL PARTNERS, INC LZ Valet Parking - Guest Experience (Vehicle Drop -Off) The following is the process for greeting guests who choose to utilize the valet zone. • Guest is greeted by a Valet Ambassador in the Greeting Zone. • We train and utilize our guest service practice of G.E.N.I. Greet Guest are to be greeted within 15 seconds and personally express a warm welcome! Eye Contact Make eye connect with each guest to establish a human level of connection and trust with the guest. Name Recognition Our valets will ask for the guest's name upon arrival and will use their name at least once on the way in and on the exit. They will also introduce themselves by name during the initial greeting. Impress Someone Anticipate a need/ask a helping question upon arrival and at exit. • Guest is issued a valet claim check and given retrieval instructions, including the option to text ahead for their vehicle. • Guest leaves the Greeting Zone and proceeds to their destination within Lido Marina Village. Valet Parking - Guest Experience (Vehicle Return) • Guest either texts ahead or returns to Greeting Zone and presents valet claim check to Valet Attendant or Valet Ambassador. • Valet Attendant retrieves guest's keys, runs to the vehicle storage location, and returns the vehicle to the guest in the Greeting Zone. • Valet attendant opens all doors for guest, thanks the guest and hands the driver the vehicle keys. • Guest departs in their vehicle and proceeds toward Central Avenue. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-102 DJM CAPITAL PARTNERS, INC Flash Valet In order to operate the valet as efficiently as possible, minimize guest wait times, and maximize guest service, we propose utilizing Flash Valet technology. Offer your busy guests the luxury of having their vehicle ready when they are. With Flash Valet, guests can request their vehicle by text and pay from their phones or at the valet stand with any major credit card or PayPal. Employee Stacked Parking The following details and data are currently being tracked, available for City review, on a weekly basis to ensure parking accommodations for all employees and guests are being met in the parking structure. • Daily Occupancy Report • Sentry Daily Report o Daily Entrances o Daily Exits • Daily Flash Valet Reports Free Garage Employee Parking: Monday — Sunday • All center employees will be permitted to park on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit) of the Lido Marina Village parking garage Monday — Sunday at no charge. • LAZ will operate a "valet -assist" program and will park employee cars on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit), stacking vehicles for maximum capacity in allotted spaces. Employees will not self -park. We estimate 131 cars can park on floor 4, stacked. (Using parking lay out on the following page) PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-103 DJM CAPITAL PARTNERS, INC UJ 7 J H z W U -4 010 Total Stacked Va let Veh ides: 45 Total Stacked ValetVehicles; 92 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-104 DJM CAPITAL PARTNERS, INC • Employees must register their vehicles at the parking office first, before parking for free. The vehicle, license, make/model, employer, and employee name will be noted. Upon registering, employees shall be directed to help make the new parking opportunity work and help LMV be good neighbors. Do not park in the residential communities from this point forward. • A vinyl window decal "parking permit" identifying the employee as a LMV Employee with an ID number will be issued. Employees must show the decal as proof, in order to utilize the free parking. • Signage will be placed on the first floor of the parking garage stating "Free Employee Parking — Level 4." Please see example below. 24 in • Valet parking for Nobu is located to parking floor zero and floor one (in the alcove area where they can stack cars) and runs 11am to close daily. Nobu valet parking also runs to the Burnham Building at 3700 Newport Boulevard after 7 p.m. The new location will be addressed in the Use Permit amendment. On the following pages are the parking layouts of the 3 valet vehicle storage areas. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-105 DJM CAPITAL PARTNERS, INC �Z PARKING T i�- ism PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-106 DJM CAPITAL PARTNERS, INC LZ PARKING VIA PRT 11% r �T i t s • The blanket CUP requires 13 tandem stalls for valet storage, with only two double stack rows of parking. By utilizing a triple stack row and a double stack row of parking, we are able to achieve 22 additional valet vehicles (or 35 stalls), which will allow more volume in valet parking. Requesting to maintain 4th floor current triple tandem striping layout and not to adhere to the condition of approval to restripe this area since this will be maintained as a valet assist program. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-107 DJM CAPITAL PARTNERS, INC LZ Traffic Directors At peak times, Traffic Directors will be staffed in order to expedite vehicle movement within the ring road and the parking garage. Valet - Hours of Operation In the Parking Demand Analysis, the firm Linscott, Law, Et Greenspan anticipate a need for Valet Parking to mitigate a potential parking deficit. The projected peak demand based on expected uses is on Thursdays at 1:00 PM. However, Valet Service will be considered an amenity for Lido Marina Village throughout the week. Hours of operation may be adjusted to accommodate the needs of the facility and tenants. The following is the anticipated hours of service: 12p-11pI12p-11pI 12p -11p 112p-12:30aI12p-12:30aIIla -12:30aIIla -11p Staffing Levels "Break -In Period" In order to deliver a positive visitor experience, Lido Marina Village will have a robust staffing and supervision plan during the first 60 - 90 days. This will allow flexibility to respond as the nuances of the parking situation are identified. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-108 DJM CAPITAL PARTNERS, INC LZ The surface parking areas at Lido Marina Village will be managed by the Parking Operator contracted to provide valet service and garage operations for the project. Since these areas are outside of the garage's PARCS and are un -gated. Enforcement To ensure compliance the alley spaces will be checked periodically by parking and/or security staff in order to ensure time -limits are enforced and vehicles parked are displaying valid passes. Unauthorized vehicles will be issued Warnings and repeat offenders may be towed according to CVC 22658a. Parking Area I - "Central Avenue Spaces" - Meters The area designated as "I" in the diagram below are controlled by the City. There are currently 13 parallel spaces on both sides of the street. The renovation plans for the property show this area reconfigured with 14 diagonal spaces on one side of the street. Parking Area II - "Alley Spaces" - Pay &t Display The area designated as "II", consisting of 10 parallel spaces as shown in the diagram below, will also be managed through the use of hang -tag passes or 30 minute only. Parking Area III - Via Oporto - 30 Minute Parking The area designated as "III", shown in the diagram below, consists of City -controlled spaces. It is our understanding the City will manage these spaces and charge for parking. Parking Area IV The area designated as "IV", shown in the diagram below, consists of 7 angled City -controlled metered spaces. Parking Area V - Via Lido The area designated as "V", shown in the diagram below, consists of 13 City -controlled metered spaces on Via Lido. It is our understanding the City will manage these spaces and charge for parking. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-109 DJM CAPITAL PARTNERS, INC LZ PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. • 7-110 DJM CAPITAL PARTNERS, INC In addition to providing parking for vehicles, Lido Marina Village is making strides to encourage other forms of mobility. The property's current 20 bike racks will be increased to 60, a 200% increase. They will be placed at convenient points on the property to encourage utilization. The Bike Exhibit on the following page shows the proposed locations and quantities of each rack: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-111 DJM CAPITAL PARTNERS, INC BIKE EXHIBIT LEGEND EXISTING BIKE RACKS 20 y PROPOSED BIKE RACKS ■ 40 F TOTAL BIKE RACKS 60 .1 r i BIKE (N) BIK �e RAC S 1 4 BICE fE7 3} V `a —k- R (N) B 1C 10 BIKE RACKS \ RACKS IFFY 7— 0. > __... . (- ( p BIKE RACKS ( (N} 6 BIKE \� Y RACKS ( SNI B BI,�.°. (E) 4 BIKE \RACKS PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA DJM Capital Partners, Inc. 7-112 DJM CAPITAL PARTNERS, INC In addition, the overall design and layout of the property makes it very walkable. The Pedestrian Exhibit on the following page illustrates paths of travel through the site: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. ' 7-113 DJM CAPITAL PARTNERS, INC i 1 1 1 1 1 tl 1 \ - —2r„`� E r si 1�7 1 1 1, �1 1 i 1 1 1 1 1 tl 1 \ - —2r„`� E r si 1�7 l i 1 1 II 1 , 1 f 1 _ , 5 1 , t t u No PEDESTRIAN EXHIBIT LEGEND PEDESTRIAN PATH ----- lb cb .o e� 1. - .may. R 1 1 a - 1 I 1 LI, L---- _— ------- -------------- I 1 W PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-114 W I o i — ���rrI rr • LU { r y l i 1 1 II 1 , 1 f 1 _ , 5 1 , t t u No PEDESTRIAN EXHIBIT LEGEND PEDESTRIAN PATH ----- lb cb .o e� 1. - .may. R 1 1 a - 1 I 1 LI, L---- _— ------- -------------- I 1 W PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-114 DJM CAPITAL PARTNERS, INC Lastly, the marina access and boat slips are expected to accommodate approximately 5% of traffic to the restaurants at Lido Marina Village. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-115 DJM CAPITAL PARTNERS, INC As indicated in the Linscott Law and Greenspan Parking Demand Analysis for Lido Marina Village date October 13, 2014 there is a discussion of off -set peak demand for uses throughout the Center. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-116 / m PAR?�EL N s s '-I L \. I }-U w .� y SITE PROGRAMMING PLAN PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-117 Parking Structure - Level 1 �• —IN) AWrtlNGQ L g. �2. ,,, / IPo NM11FR 86% \ L- O A1MG 4 JAS O («I AAxxcQ 12 13 19 16 17 18 19 w \Al i* AN SF 10'-2 U9' f (x"I oFclrt u[%:LE1d581G ` } P9 5rouEsnWr 1,, m xwAr� E%1311lk G or n o =, 0 PARKING PROGRAMMING PLAN - LEVEL 1 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-118 Parking Structure - Level 2 :.I •'i F:' e: ff —m W J H z LU 0 PARKING PROGRAMMING PLAN - LEVEL 7 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-119 Parking Structure - Level 3 LLJ J F— z W 0 PARKING PROGRAMMING PLAN - I.FVFI :i PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-120 Parking Structure - Levels 4 and 5 nn m M3 _�, siz Yo I sls z3s f t sca dA., sr. sli sus Seo _ s. ._ IIrjI� ti IIIJ.•tr 1"1 •.5 1`5 I MI. 1111 2171 276J 2'] I a=: :6 I Xi 12 S I X5 J 161 115.. 1+5T 12J31 :41 I 7 —1 "'1- ,— Ma tjt mI m x4, ,F. I zez ,- I — I — I ,,. r.,, I ,•p F3; PALMING PROGRAMMING PLAN - LEVEL 4 & LEVEL 5 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-121 Nova, Makana From: Becky Sullivan <bsullivan@djmcapital.com> Sent: June 12, 2017 10:21 AM To: Wisneski, Brenda Cc: Nova, Makana Subject: FW: Lido parking Brenda, See below for the validations for the second hour of parking at Lido we just implemented last week. The first hour free we have been doing since 5/1. Thanks, Becky Sullivan MkIEZ;rrAiL PARTNERS, INC. (805) 680-3200 -Mobile bsullivan@djmcapital.com www.gopacificcity.com www.lidomarinavillage.com www.bellaterra-hb.com From: Russ Monroe Sent: Monday, June 12, 2017 10:17 AM To: Becky Sullivan <bsullivan@djmcapital.com> Subject: RE: Lido parking Self -park rates for the garage are as follows: 1St Hour: Free Every 15 Minutes Thereafter: $1.50 Daily Max: $30 Retail tenants can now purchase bulk validations at a highly discounted rate for the second hour (i.e. 2 hours free) of parking: $1 each, 150 min. purchase. Restaurant tenants can purchase bulk validations for two hours of parking after the first hour (i.e. 3 hours free): $1.50 each, 150 min. purchase. Russ Monroe Senior Director of Property Management DJM Capital Partners, Inc. 7777 Edinger Avenue, Suite 133 1 Huntington Beach, California 192647 Direct 714.793.1120 1 Main 714.897.2534 1 Fax 714.894.7686 rmonroe@dimcapital.com 1 7-122 EXHIBIT "D" Shuttle Management Plan dated August 9, 2017 7-123 ICT +11 I i ., _ i 1 LL 1r - , + •I 1 Lltj:✓ 91:• +iia „ LIDO MARINA SHUTTLE MANAGEMENT PLAN Lido Marina Village, Newport Beach CA Lido Retail Group LLC. I August 9, 2017 i 1&Z PARKING 1. EXECUTIVE SUMMARY 2. OVERVIEW 3. OPERATIONAL DETAILS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-125 Re: Employee Shuttle Management Plan - Lido Marina Village Attn: Patricia Apel Lido Group Retail LLC August 29, 2016 Dear Ms. Apel, On behalf of the entire LAZ Parking family, I am pleased to submit the following Employee Shuttle Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Chris Handlos General Manager chandlos@tazparking.com 1-805-341-5857 1525 E. 17th St., Suite H Santa Ana, CA 92705 Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-126 Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 431 spaces and consists of surface parking and garage parking. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-127 To maximize the parking at Lido Marina for guest use, an Employee Shuttle Program will be implemented to offsite employee vehicles. This 20 passenger shuttle will be provided for EMPLOYEE USE and will be ADA compliant. Below are pictures of our proposed shuttle. In the future, the shuttle may also be made available for customer / patron or charter boat users. SHUTTLE SPECS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-128 MONTHLY PARKERS A monthly parker for Lido Marina Village is defined by a person or persons (employees / associates) working for any tenant who is leasing space at Lido Marina Village or the tenant themselves. The property manager may designate employees / associates of specific tenants to participate in the monthly parker program off-site Distribution of Monthly Parking In order to obtain monthly parking privileges the following steps will need to be taken: (1) Completed Monthly Parking Agreement Form which contain the following: a. Person First and Last name b. Make and model of their vehicle c. Tenant they work for or tenant that is leasing space at Lido Marina Village d. Hours / Days of parking onsite and offsite e. Rules and Regulations of On-site and Off-site Parking f. Penalties and Fines for breaking parking / shuttle rules 8t regulations (2) Once completed and signed the monthly parker will receive the following: a. Hanging Tag for their vehicle which must be displayed at all times b. Shuttle pass - must be shown to the driver when entering the shuttle c. Parking key card - this key card will only be activated and can only be used during non - shuttle operating days / hours. *Should a monthly parker lose any of the above 3 items a $25 replacement per item will be charged. Access to Lido Marina's Parking Garage To ensure monthly parkers to utilize the shuttle and the offsite parking area during high demand days, key cards will be set to only access the parking garage during non-operating shuttle days / hours. Monthly Parking Fee Employees shall not be charged a fee to utilize the off-site parking lot or shuttle program. Access to Hoag Parking Facility Off Site parking for Lido Marina employees is located in the parking structures directly behind the Hoag Health Center in Newport Beach. The parking stalls designated for Lido employees are located in both the 530 and 540 Superior Avenue parking structures. There are approximately 1600 spaces between both parking structures. The shuttle pick up and drop off area is depicted on page 8 of the shuttle plan. Access will be granted to Lido employees after they complete a vehicle registration form. When they turn in the completed form to management, a hang tag will be issued that will identify them as Lido Marina Village employees. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-129 SHUTTLE OPERATIONS Days and Hours of Operations At a minimum, the shuttle will operate during the following times: Friday and Saturday (4p - 10p) and when on-site parking structure is expected to exceed 85% Arrival and Departure Schedule A full complete shuttle route will take approximately 20 minutes. The shuttle will commence at the top off the hour and will complete 3 trips each hour. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-130 OVERVIEW lax / V Hoag Arrival / Departure Zone Non-exclusive employee parking up to 100 spaces per lease agreement ii -UIll" U Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-131 OVERVIEW .540 Su _rior Ave v 04 e C..�9a SI �- �`�dc � �' . ogq�- H"' i a � � ? • y .. Pf ;Y� m (+ . � Y 4 S! ■ i]�iu"NeI,i A 4.• !. ¢ a I SAND St n �r ..5�' `=Pa`kL� 'i � _p• ,� �1�.y�ll qi :�0 _b "sc 1 N oo�st-NwY _� rBe'�0a'C-cti es 9 R �y y �a�7qy, � ���:: � a..�.s•� r'i�� # ,.-r.e��-� - : - ..::� � G�1'���Beach��� V?��..�°r�..irra'>�•la`��-111 REPORTING: Operations shall maintain a list of all permit holders and shall track ridership of the shuttle on an hourly basis. Said records shall be submitted to the Planning Division staff on a monthly basis for the first year. ADDITIONAL Q Et A Discuss specifically who the off-site lot is intended to serve. Is it for employees only? Will any tenants (i.e. Electra or other) or customers be required to park here? Off-site parking lot will be intended for Monthly Parker of Lido Marina Village (employees/associates as defined in the Lido Shuttle Management Plan). In the future, the shuttle may also be made available for customer / patrons or charter boat users. 2. How will enforcement of the off-site parking lot work? How will employees be required to park in the off-site lot? Is there a provision in the tenant lease that notifies the shop owners to make their employees park of -site and take the shuttle? Management will hold Tenant meetings to supplement parking communication that will be sent out to not only the store employees working at Lido but to their corporate notice addresses as well. ■ Lease language is also in place to give Landlord the ability to determine where monthly porkers must park. Please see below and on the next page. 2.2 Vehicle Parking. Provided Lessee is not in default, Lessee's invitees and customers shall be entitled to the non-exclusive right to park in the Project -related parking facilities, which may be located at the Project and/or off-site, at reasonable rates and fees as determined by Lessor from time to time. Lessor may require that a valet service be utilized for some or all of the parking facilities at any time and frorn time to time. Employees, invitees and customers of Lessee will be required to pay for parking in the Project -related parking facilities. Use of such parking facilities for Lessee's employees, invitees and customers shall be at all times be subject to availability and to the fees and reasonable rules and procedures that may be implemented by Lessor from time to time_ Subject to availability and to the terms and conditions of this Section 2.2, Lessee may rent from Lessor a limited number of unreserved employee parkin passes, as may be mutually agreed upon by Lessor and Lessee_ All employees of Lesace who are permitted to park in the Project -related parking facilities, as determined by Lessor, must display a parking sticker on their automobile in the location designated by Lessor, which sticker will be provided by Lessor_ Lessee shall pay to Lessor monthly with Base Rent the then -prevailing rate charged. by Lessor for any unreserved employee parking passes rented to Lessee (which is currently $85.00 per pass per month)_ If Lessee commits, permits or allows any of the prohibited activities respecting parking described in this Lease or the rules then in effect Lessor shall have the right without notice, in addition to such other rights and remedies that it may have, to (i) remove the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor; (ii) terminate Lessee's employee parking passes; and/or (iii) charge the then current rate for customer parking. The employee parking passes rented by Lessee are provided to Lessee solely for use by Lessee's employees and such passes may not be transferred, assigned, subleased or otherwise alienated by Lessee or its employees without Lessor's prior written approval, which approval may be withheld by Lessor in its sole and absolute discretion. The use by Lessee and its employees, customers and invitees of the project -related parking facilities shall be on the terms and conditions established by Lessor from time to time_ Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, customers or invitees to be loaded, unloaded or parked in areas other than —triose designated for such activities by Lessor. Lessor specifically reserves the right to change the L'size, configuration, design, layout, location and all other aspects of the parking facilities and 7-133 Lessee acknowledges and agrees that Lessor may without incurring any liability to Lessee and without any abatement or Rent under this T.eaee_ frnm time-. t— time 1.,c 4*, Discuss the shift management with the use of the off-site parking lot and the shuttle hours. Will only employees who have afternoon shifts be required to park in the off-site lot? How will this be regulated? As stated in the Lido Marina Shuttle Management Plan the monthly parker with be regulated by the following: (1) Parking Agreement Forms (2) Hanging Vehicle Tags (3) Shuttle Passes (4) Key Cards (5) The use of technology of the PARCS equipment Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-134 Attachment D Planning Commission Staff Report Dated October 19, 2017 (without attachments PC 1 and PC 2) 7-135 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 19, 2017 Agenda Item No. 3 SUBJECT: Lido Marina Village Parking Management Plan Amendment Conditional Use Permit No. UP2017-019 (PA2017-135) SITE LOCATION: 3636 Newport Boulevard, 3418-3428 Via Lido, 3434 and 3444 Via Lido, and 3400-3450 Via Oporto (even), 3421-3505 Via Oporto (odd) APPLICANT: Becky Sullivan representing DJM Capital Partners, Inc. OWNER: Lido Group Retail, LLC PLANNER: James Campbell, Principal Planner 949-644-3210, Ecampbell(a-)newportbeachca.gov PROJECT SUMMARY An amendment to the parking management plan for Lido Marina Village previously authorized by Use Permit No. UP2014-014 (PA2014-002). Changes include reducing the number of days the off-site parking shuttle operates, relocation of employee parking to the fifth level of the parking structure, parking pricing adjustments, valet plan changes, and the addition of valet parking for customers at 3700 Newport Boulevard from 7 p.m. through 2 a.m., daily. If approved, this Conditional Use Permit would supersede the previous use permit. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. 2068 approving Conditional Use Permit No. UP2017-019 subject to the findings and conditions of approval (Attachment No. PC 1). 7-136 o, a 7-137 VICINITY MAP Elk's Lodge 3450 Via Oporto 3700 Newport if , Boulevard r Parking V Structure !p d+ V iA •� •�J •' h •y.� OM1 j0. - 1 S�^ I h Lido Shops GENERAL PLAN ZONING Q _ y 1 F J e�A►. r pt� r FA R LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU -W2 (Mixed -Use MU -W2 (Mixed -Use Retail and Office Water Related) Water Related) NORTH Newport Harbor Newport Harbor Newport Harbor SOUTH CG (General CG (Commercial Lido Plaza Retail Shops Commercial) General EAST Newport Harbor Newport Harbor Newport Harbor WEST RT (Two -Unit Residential) RT (Two -Unit Residential) Single -Unit and Two -Unit Residential S 7-138 INTRODUCTION Project Setting Lido Marina Village (LMV) is located at the northeast corner of the intersection of Via Lido and Newport Boulevard. The project site is low-lying, relatively flat, and roughly triangular in shape. It is bounded to the south across Via Lido by retail shops known as Via Lido Plaza, to the north and east by Newport Bay, and to the west across Newport Boulevard by single-family and two-family residences. The site is approximately 3.53 acres with an existing boardwalk along Newport Bay. The existing development consists of a series of individual properties developed with a mixture of retail, office, restaurant, and marine - related tenant spaces. Lido Marina Village encompasses 112,029 gross square feet of commercial floor area consisting of retail, service, office, fitness, and restaurant uses. The project site is primarily supported by a 341 -space parking structure. The capacity of the parking structure can be expanded to 376 spaces with valet stacking. An additional 55 spaces are provided within public right-of-way (Central Avenue, Via Oporto, and a public alley) within the LMV area. The Lido Shops (3400 to 3420 Via Lido), 3700 Newport Boulevard, and Elks Lodge (3456 Via Oporto) properties are not controlled by the applicant, but operate within of the LMV district. The parking demand from The Lido Shops and marina uses was included in the parking demand analysis for the project because parking for these uses is provided within the parking structure. The parking structure is open to anyone willing to pay the parking fees, assuming the structure is not full. The office building at 3700 Newport Boulevard provides its own on-site parking, although it is nonconforming as the site provides less parking than the minimum required by the Zoning Code. The Elks Lodge is also a separate property and has a separate parking agreement to utilize the adjacent municipal parking facility at 3458 Via Oporto. Refer to the vicinity map on Page 2 identifying the project boundaries. Electra Cruises Electra Cruises (Electra) leases boat slips in the marina from the applicant and operates harbor excursions such as weddings, group parties, and dinner cruises. Parking has historically been available in the parking structure for Electra to operate. Electra operates five vessels with a total combined capacity of 1,000 passengers and crew; however, actual combined charters never reach this level. The Zoning Code requires excursion services to provide one parking space for every three passengers and crew, so theoretically Electra requires 333 parking spaces. Actual parking demand for Electra varies throughout the week based on the size and number of charters. The parking demand analysis prepared for Use Permit No. UP 2014-014 measured parking demand with Electra operating with 564 guests and crew thereby requiring 188 parking spaces. Passenger count data provided by Electra (Attachment No. PC 3) shows the variability of 7-139 the size of the charters. The actual parking demand also fluctuates depending upon carpooling or transportation a group may organize. Background On December 18, 2014, Conditional Use Permit No. UP2014-014 (PA2014-002) was approved authorizing a parking management program (Attachment No. PC 4) for the renovation and reauthorization of uses within LMV. Refer to Exhibit "B" of Attachment No. PC 1 for a land use summary and site plan of the land uses authorized under the Conditional Use Permit. The parking management plan authorized a reduction in on-site parking requirements based on anticipated parking demand and management strategies including valet operations; increased mobility for bicycles, pedestrians, and boats; off-site parking; and limits on uses that generate higher parking demand through a phased approach to occupancy in the center. On November 17, 2016, the Planning Commission authorized off-site parking located at 540 Superior Avenue (Hoag Health Center) for employees with a shuttle (Attachment No. PC 5). The off-site parking lot provides 100 additional parking spaces for LMV and a shuttle would transport employees between the hours of 10 a.m. and 2 a.m., daily. The retail component of LMV is now fully occupied and there are two remaining restaurants under review at this time. These last two restaurants are small and would occupy former restaurant spaces, and staff anticipates hearings with the Zoning Administrator in November. Refer to the anticipated restaurant occupancy list provided as Attachment No. PC 6. Approximately 90 percent of the office floor area is currently occupied. The renovation and reoccupation of LMV has reinvigorated a once -vacant center and brought new visitors and customer traffic to the Lido Village community. Parking Management Program Challenges In March of 2017, as new restaurants and businesses began to occupy LMV, the center began to encounter a number of challenges with the parking management program: • Parking structure/shuttle pricing - City staff received several complaints from business tenants in LMV expressing concern regarding the pricing of parking in the structure of LMV. Several tenants complained that the fees for employees to utilize the shuttle and park off-site was cost prohibitive at $85 per month. The parking pricing schedule from that timeframe is provided as Attachment No. PC 7. As a result, many employees opted to park in nearby public streets rather than utilizing the off-site and shuttle program. • Finley tract resident complaints — Local residents in the Finley Tract (across Newport Boulevard) reported that employees and customers were parking along `5 7-140 public streets in the neighborhood rather than paying for parking in the LMV parking structure. • Valet circulation and drop-off — Code Enforcement received a complaint in May 2017 that valet vehicles were inhibiting traffic circulation along Via Oporto and Central Avenue. Code Enforcement staff found that the valet company was not adhering to the approved valet circulation plan as approved under the Parking Management Program. Poor valet operations were creating conflicts in the street that were exacerbated by rideshare transportation services (Uber and Lyft). The valet back up left Uber and Lyft drivers to fend for themselves further blocking street traffic. Code Enforcement discussed operations with the property owner and valet operator in early June and reinforced the need to operate in strict compliance with the approved valet plan. Rideshare services are now directed by a sign to utilize the existing loading spaces within LMV. A follow-up inspection was conducted in early June and found that the traffic lanes were not unduly inhibited. Following the concerns expressed by the community and tenants in LMV, City staff met with the applicant to discuss potential solutions to these parking and circulation challenges. The property manager and applicant indicated that the operation of the off- site parking shuttle was cost prohibitive. To evaluate potential solutions and provide immediate relief to the neighborhood parking conflict and circulation challenges, the applicant and City staff implemented changes to the parking management program as a pilot program. Pilot Program Beginning May 1, 2017, the applicant initiated a pilot parking program (Attachment No. PC 8) with staff authorization. The pilot program includes the following components: • Employee parking at the off-site lot at Hoag Health Center (540 Superior Avenue) was relocated to the fourth and fifth levels of the parking structure. Employees now park for free with assistance of the valet service and the off-site parking shuttle was discontinued. • The valet parking plan was modified to accommodate additional parking capacity. The pilot program includes triple -tandem parking spaces at the fifth floor level (six spaces added) and stacked valet parking along the drive aisles at the fourth floor level (twelve spaces added). Customer valet at the first floor also includes the addition of stacked parking (four spaces added). • Customer valet parking (primarily serving the Nobu restaurant) was previously located at the fifth level and was relocated to the first floor level of the parking structure. Additionally, the applicant secured use of an additional off-site parking 0 7-141 lot at 3700 Newport Boulevard during the evening hours when the office uses are closed after 7 p.m. • The fees for parking in the parking structure was modified (Attachment No. PC 9). Employees now park for free on the upper levels of the structure. A validation system has been implemented by the participating restaurants where their customers park for free for the first hour and have a reduced rate for the second and third hour. Without validation, the parking structure costs $6 per hour or $30 per day for customers. • The valet circulation plan was reinforced with the operator and continues to be implemented as authorized under the current Parking Management Program. Rideshare services have been directed to utilize existing loading zones in LMV by a sign. Project Description The applicant requests an amendment to Conditional Use Permit No. UP2014-014 to authorize the pilot program as described above. The proposed amendment would not change the allowed mix of uses authorized under UP2014-014. The applicant seeks the elimination of off-site parking at Hoag Health Center and shuttle. Additionally, the applicant seeks off-site parking at 3700 Newport Boulevard after 7 p.m. DISCUSSION General Plan/Zoning Code The Land Use Element of the General Plan and Zoning Code designates the properties within LMV as Mixed -Use Water Related (MU -W2). Permitted uses include commercial development on or near the bay in a manner that will encourage the continuation of coastal -dependent and coastal -related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor -serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. The existing and proposed mix of retail, restaurants, marine -related tenants, and professional offices are consistent with this land use designation and zoning district. Coastal Land Use Plan/Local Coastal Program The project site is located in the coastal zone and the Coastal Land Use Plan (CLUP) designates this site as Mixed -Use Water Related (MU -W), which is intended to provide for "commercial development on or near the bay in a manner that will encourage the continuation of coastal -dependent and coastal -related uses and visitor -serving uses, as well as allow for the development of mixed-use structures with residential uses above the 7 7-142 ground floor. Freestanding residential uses are prohibited." The existing and proposed mix of retail, restaurants, marine -related tenants, and professional offices are consistent with this land use designation. The proposed modifications to the parking management program do not require a Coastal Development Permit since there are no square footage or land use intensity changes proposed. Valet Off -Site Parking The applicant has obtained property owner authorization to utilize the off-site parking area at 3700 Newport Boulevard after business hours to accommodate additional customer valet parking supply. This parking area accommodates up to 10 vehicles in a stacked configuration. The applicant has been utilizing the lot for the summer as part of the pilot program and it has increased the parking supply without remarkable incident. Staff recommends continuing the shared use of the office parking when the office tenants are not open. As a condition of approval, a recorded parking agreement is required by the Zoning Code for the applicant to continue to utilize parking area on a permanent basis. Finley Tract Parking Residents from the Finley Tract located west of Newport Boulevard have complained that employees and patrons from LMV are parking in their neighborhood. Public Works staff has been monitoring parking in the Finley Tract this summer on a periodic basis to evaluate the need for a residential parking permit program in the future. The counts show that street parking in the Finley Tract is well used. Values higher than 100% reflect residents parking in their own driveways. It is not possible to know how many of the vehicles might be residents, LMV or other commercial uses, or general visitors to the area. With the implementation of the pilot program where employees park for free in the parking structure, fewer complaints have been received from Finley Tract residents, but the neighborhood remains impacted by limited street parking. 2 7-143 Date and Time Percent Occupied Tuesday, May 9, 2017, 2:30-3 p.m. 95% Thursday, June 29, 2017, 2:30-3 p.m. 92% Tuesday, August 8, 2017, 5:00-5:30 a.m. 125% Tuesday, August 8, 2017, 2:30-3 p.m. 95% Saturday, August 12, 2017, 5:00--5:30 a.m. 108% Saturday, August 12, 2017, 9:00--9:30 a.m. 108% Saturday, August 12, 2017, 4-4:30 p.m. 108% Thursday, September 7, 2017, 7-7:15 p.m. 117% The counts show that street parking in the Finley Tract is well used. Values higher than 100% reflect residents parking in their own driveways. It is not possible to know how many of the vehicles might be residents, LMV or other commercial uses, or general visitors to the area. With the implementation of the pilot program where employees park for free in the parking structure, fewer complaints have been received from Finley Tract residents, but the neighborhood remains impacted by limited street parking. 2 7-143 Parking Structure Occupancy Under the pilot program, the applicant has been required to monitor the parking structure occupancy on a daily basis and report this data to staff on a weekly basis. Refer to Attachment No. PC 10 that shows occupancy levels reached each day. Parking data has been collected beginning in late May 2017, and has continued through to the present. It should be noted that the applicant has utilized surface parking at 3700 Newport Boulevard during this time. In a parking structure, occupancy in excess of 85 percent is not optimal because drivers start to circle around searching for a space and they will typically wait for a driver to leave blocking the aisle for a time. Efficiency of use deteriorates and drivers get frustrated, so Public Works staff considers an 85 -percent occupancy an optimal threshold. The parking data provided shows occupancy levels in the parking structure exceeding 85 percent during the afternoon and evening hours on most Saturdays between June to the present. Occupancy exceeded 85 percent on several Fridays and Sundays as well. The hours where parking demand exceeds 85 percent ranges between noon and 10 p.m. and the peak demand typically occurs between 4 p.m. and 8 p.m., likely due to the restaurants and excursions. Two more restaurants are authorized and are expected to open later this year or in early 2018. As a result, parking demand is likely to increase during the same peak periods identified in the parking structure occupancy data. Given the parking occupancy data and future restaurants, staff does not support the applicant's request to eliminate the off-site parking at Hoag Health Center with the shuttle. The parking data does show that the parking structure supports the site during most days before 4 p.m. and that the off-site parking may not be necessary at all times. Staff recommends retaining the off-site parking at 540 Superior with a shuttle on Fridays and Saturdays from 4 p.m. and 10 p.m., and when anticipated parking structure occupancy exceeds 85 percent (such as for special events or when the property manager and Community Development Director anticipate higher demand in the parking structure). This will reduce the possibility of customers and employees parking in residential neighborhoods where parking is free. The applicant has indicated that the shuttle will be designated for Nobu employees or possibly other employees. Valet Circulation Code Enforcement will continue to monitor LMV on a periodic basis for compliance with the valet circulation plan to ensure that drive aisles along Central Avenue and Via Oporto remain clear for vehicle circulation and emergency access through the center. Current observations show that vehicle conflicts have been sharply reduced with stricter adherence to the approved valet plan including valet operations at 3700 Newport Boulevard. 7-144 Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decision), the Planning Commission must make the following findings for approval for a conditional use permit - 1 . ermit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. A reduction of required parking as authorized under the existing parking management program must continue to satisfy the following conditions pursuant to Section 20.40.110(B)(1) of the Zoning Code: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed-use development); b. A parking management plan shall be prepared in compliance with subsection (C). As indicated previously, the proposed project includes uses consistent with the MU -W2 (Mixed -Use Water Related) General Plan land use category and Zoning District. A modified parking management program consistent with the pilot program described in this report has improved the utilization of the parking structure. An off-site parking shuttle will accommodate current and future increase in parking and thereby reduce neighborhood impacts. An updated valet parking plan is provided for the parking structure and additional off-site parking lot at 3700 Newport Boulevard. Areas dedicated to valet pick-up and drop-off will help ensure appropriate vehicle circulation for smooth operation within the Village. The land uses authorized within the project site will continue to be complementary and compatible with uses in the vicinity and will be an overall improvement for the Lido Village area as a whole. The parking occupancy data shows that parking structure utilization is high in peak demand hours such as weekend afternoons and evenings. This parking trend may 1-0 7-145 continue as the two remaining restaurant vacancies occupy the center but may change after the summer time peak; therefore, continued monitoring is recommended over the next year to document fluctuations. A condition of approval is recommended allowing the shuttle schedule to be modified by the Community Development Director following full occupancy of the center to accommodate fluctuating demand. A condition of approval is also included in the draft resolution requiring the shuttle to be implemented by November 1, 2017. Parking management plans are intended to mitigate the potential impacts associated with a reduction in the number of required parking spaces. Plans may include, but are not limited to the following, when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking in compliance with Section 20.40. 100 (Off -Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. The updated parking management plan and parking monitoring data provide a pathway to manage parking and require off-site parking when peak demand occurs in LMV. The parking management plan includes appropriate parking pricing for the structure and valet operations to boost parking utilization within the structure. Based upon the information provided and the suggested conditions of approval, staff believes that the conditions required pursuant to Section 20.40.110 are satisfied. As noted, the parking management plan incorporates an additional off-site parking component at 3700 Newport Boulevard. Off-site parking must be secured consistent with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code subject to the following findings: 1. The parking facility is located within a convenient distance to the use it is intended to serve. 2. On -street parking is not being counted towards meeting parking requirements. 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. The parking available at 3700 Newport Boulevard is conveniently located within the LMV area at the end of Central Avenue. This added parking supply is available when the office uses it serves are closed on evenings and weekends when peak restaurant demand occurs in LMV. On -street parking spaces are not counted toward satisfying required parking; however, the on -street parking in the area is generally available for uses in LMV. Parking can be incorporated into the existing valet operations plan for the center and it 1_- 7-146 has not created any undue traffic hazards or impacts within LMV. The 18 parking spaces at 3700 Newport Boulevard will be made available exclusively as valet parking so additional signage is not necessary to direct customers to park in this area. Summary An updated parking management program is provided (Exhibit "C" of Attachment No. PC 1), which details the proposed modifications identified in the current pilot program currently in place (Attachment No. PC 8). The redlined changes in this document include the following: • An additional off-site parking agreement for 3700 Newport Boulevard to be utilized for valet service in the evening and weekend hours when office uses are closed. • Requiring the employee shuttle to continue Fridays and Saturdays between 4 p.m. and 10 p.m. and when anticipated parking structure occupancy exceeds 85 percent (such as for special events or when the property manager and Community Development Director anticipate higher demand in the parking structure). An updated shuttle management program is provided as Exhibit "D" of Attachment No. PC 1. • Valet parking plan modifications to account for the use of 3700 Newport Boulevard and to account for free employee parking in the parking structure. Staff recommends approval of the modified parking management plan as the changes collectively have been effective at reducing some of the parking issues that have occurred. The applicant will continue to monitor parking occupancy and provide this data on a weekly basis to the City over the course of the next year. Finally, staff recommends a condition allowing the Community Development Director to modify the off-site shuttle schedule based on this data. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes deemed necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow for the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the request. 7-147 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 5 (Minor Alterations in Land Use Limitations) exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density, including, but not limited to minor lot line adjustments, set back variances, minor encroachment permits, and reversions to acreage. This Conditional Use Permit application requests modifications to existing parking management strategies for a shopping center where permitted land uses or density would not be changed and no physical changes to the subject property within LMV would occur. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) and off-site parking lot (540 Superior Avenue) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: --fv) co.'� k C"-� Makana ova J es Campbell, kncipal Plariner Assistant Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Electra Cruises Data PC 4 Existing Parking Management Plan PC 5 Existing Shuttle Management Plan PC 6 Anticipated Restaurant Occupancy PC 7 Existing Parking Pricing PC 8 Pilot Program PC 9 Proposed Parking Pricing PC 10 Parking Structure Monitoring Reports AUsers\PLNlshared\PA's1PAs - 20171PA2017-1351PC 08-17-20171PA2017-135 PC Rpt.dccx11i18r16 1-3 7-148 o, a 7-149 Attachment No. PC 3 Electra Cruises Data 27 7-150 o, a 7-151 Electra Cruises Parking MAY 25-31 THURSDAY 5/25 DESTINY 6:30-10:30 JESSICA & KARLO WEDDING 65 GUESTS FRIDAY 5/26 ELECTRA 6:30-10:30 TRINITY SCHOOL PROM 30 GUESTS ATHENA 6-10 MARGARET PLAYER BIRTHDAY 48 GUESTS NPRINCESS 2-5 KATHY MILLER BIRTHDAY 40 GUESTS DESTINY 6-10 STAPHANIE & ELVY WEDDING 91 GUESTS SATURDAY 5/27 DESTINY 12-4 REGINA & CULVER WEDDING 51 GUESTS ATHENA 6-10 MARISSA & ADAM WEDDING 78 GUESTS ETERNITY 5-10:30 KALPANA PATEL PRIVATE 180 GUESTS SUNDAY 5/28 ATHENA 6-10 DEBBY & YONG-YI WEDDING 91 GUESTS DESTINY 6-10 ANNIE & MAX WEDDING 76 GUESTS ETERNITY 6-10 CHRISTA & ALEX WEDDING 155 GUESTS 29 7-152 Electra Cruises Parking JUNE 1-7 FRIDAY 6/2 DESTINY 6-10 JANESSA & BEN WEDDING 75 GUESTS ETERNITY 5-9 SUYUN & EDDIE WEDDING 79 GUESTS SATURDAY 6/3 ATHENA 12-4 TERRY LOU BIRTHDAY 23 GUESTS DESTINY 12-4 MIKE & ANASTASIA WEDDING 38 GUESTS ELECTRA 6-10 CHERYLENE & BILL WEDDING 50 GUESTS ATHENA 6-10 DENISE & DAVE WEDDING 77 GUESTS DESTINY 6-10 KATHY & STEVEN WEDDING 144 GUESTS ETERNITY 6-10 BEVERLY & LAMAR WEDDING 140 SUNDAY 6/4 DESTINY 12-4 HERBAL LIFE CORPORATE 136 DESTINY 6-10 KELLY & MATT WEDDING 73 GUESTS 90 7-153 Electra Cruises Parking June 8-14 THURSDAY 6/8 ELECTRA 6-10 CORE LOGIC CORPORATE 37 GUESTS FRIDAY 6/9 DESTINY 6-10 SYREETA & JUSTIN WEDDING 89 GUESTS SATURDAY 6/10 ATHENA 6-10 JEANNE & CARTER WEDDING 51 GUESTS NPRINCESS 6-10 JERMAINE DE LACRUZ GRADUTATION 60 GUESTS SUNDAY 6/11 DESTINY 6-10 ROSALY ELERMO BIRTHDAY 100 GUESTS TUESDAY 6/13 DESTINY 7-9 DJ M EVENT 60 GUESTS ETERNITY 6-9 FOOTHILL HIGH GRADUATION 300 GUESTS 91- 7-154 Electra Cruises Parking June 15-21 THURSDAY 6/15 DESTINY 6-8 DJ M CHARITY EVENT 75 GUESTS FRIDAY 6/16 ELECTRA 6-10 ARIEL & JOSH WEDDING 27 GUESTS SATURDAY 6/17 ELECTRA 12-4 BUDDY & DINO WEDDING 99 GUESTS ATHENA 12-4 CLAUDIA & KENNETH WEDDING 47 GUESTS NPRINCESS 12-4 CHRISTINA & LAURENCE WEDDING 42 GUESTS ELECTRA 6:30-10:30 LORI GEORGIEF GRADUATION 40 GUESTS NPRINCESS 6-10 ESLY ZAMORA GRADUTAION 40 GUESTS DESTINY 6-11 SUSIE & ERIC WEDDING 73 GUESTS ETERNITY 7-11 ANNIE & JOHN WEDDING 150 GUESTS TUESDAY 6/20 ELECTRA 4:30-8:30 BRITTANY MCDOWELL REUNION 40 GUESTS WEDNESDAY 6/21 DESTINY 3:30-6 GELMAN CORPORATE 100 GUESTS 92 7-155 Electra Cruises Parking June 22-28 THURSDAY 6/22 ETERNITY 6-10 ADVANTAGE SYSTEMS CORPORATE 156 GUESTS FRIDAY 6/23 DESTINY 11-3 MAX THUNYAKJI CORPORATE 70 GUESTS NPRINCESS 6-10 CINDY & DANNY WEDDING 84 GUESTS DESTINY 6-10 MIWA & BRAD WEDDING 83 GUESTS SATURDAY 6/24 DESTINY 12-4 AMANDA & JON WEDDING 115 GUESTS ELECTRA 6-10 JOSEPHINE & DARIEN WEDDING 28 GUESTS ATHENA 5:30-10:30 TRISH & TERRI WEDDING 105 GUESTS NPRINCESS 6-10 ZOHREH & RAYMOND WEDDING 58 GUESTS DESTINY 6-11 SAHAR & BRANDON WEDDING 102 GUESTS ETERNITY 5-9 CARLA & JOHN WEDDING 102 GUESTS SUNDAY 6/25 DESTINY 12-4 WEN & WILL WEDDING 112 GUESTS ATHENA 6-10 TYRISHA & BRANDON 93 7-156 WEDDING 95 GUESTS DESTINY 6-10 ALEXANDRA & MICHEAL WEDDING 106 GUESTS ETERNITY 6-10 ALIREZA FARHANG CORPORATE 200 GUESTS MONDAY 6/26 DESTINY 6-10 BRITTANY & CHRISTIAN WEDDING 75 GUESTS 94 7-157 Electra Cruises Parking June 29 -Jules 5 FRIDAY 6/30 DESTINY 6:30-10:30 BERTHA & EDWIN WEDDING 87 GUESTS SATURDAY 7/1 ELECTRA 12-4 KRIS & JOHN WEDDING 40 GUESTS ETERNITY 12-4 TINA & ANDREW WEDDING 82 GUESTS DESTINY 6-10 NORTON KARNO FAMILY REUNION 100 GUESTS SUNDAY 7/2 ATHENA 6-10 CHLOE & ANDREW WEDDING 58 GUESTS DESTINY 6-11 DARLENE & OLEGS WEDDING 100 GUESTS ETERNITY 5:30-10:30 MICHELLE & JULIO WEDDING 190 GUESTS MONDAY 7/3 ATHENA 6-10 JULIA & PASTOR'S WEDDING 58 GUESTS DESTINY 5:30-9:30 SHARON & JEFF WEDDING 57 GUESTS TUESDAY 7/4 NPRINCESS 12-4 HOLLY & GARY WEDDING 43 GUESTS ETERNITY 9-2 MAKE A WISH FUNDRAISER 250 GUESTS 95 7-158 Electra Cruises Parking July 6-12 FRIDAY 7/7 ELECTRA 12-4 ALEXIS & ANTHONY WEDDING 8 GUESTS ATHENA 12-4 VICTORIA & RAUL WEDDING 100 GUESTS DESTINY 12-4 SYLAS & JAVON WEDDING 98 GUESTS ELECTRA 6-10 DANIELLE & BLAKE WEDDING 23 GUESTS ATHENA 6-10 MERCEDES & DEVIN WEDDING 65 GUESTS JAMI & SEAN NPRINCESS 6:30-10:30 SOPHIA & JERRY WEDDING 52 GUESTS DESTINY 6-10 ALANA & MATT WEDDING 87 GUESTS ETERNITY 6:30-10:30 JENNIFER & ANTHONY WEDDING 160 GUESTS SATURDAY 7/8 ATHENA 6-10 JENNIFER KELLER PRIVATE 25 GUESTS NPRINCESS 6-10 TAI & ALEXANDER WEDDING 43 GUESTS DESTINY 6-10 KATRINA & KEITH WEDDING 80 GUESTS SUNDAY 7/9 DESTINY 12-4 JAMI & SEAN WEDDING 101 GUESTS 90 7-159 ELECTRA 6-10 ADELL & JON WEDDING 44 GUESTS DESTINY 6-10 YVONNE & DARWINS WEDDING 128 GUESTS ETERNITY 6-10 ATHYNA & TRANH WEDDING 200 GUESTS TUESDAY 7/11 ATHENA 4-8 CANDACE & CHRIS WEDDING 27 GUESTS 97 7-160 Electra Cruises Parking July 13-19 THURSDAY 7/13 DESTINY REHEARSAL DINNER FRIDAY 7/14 ELECTRA WEDDING DESTINY COPORATE SATURDAY 7/15 ELECTRA CORPORATE ATHENA WEDDING NPRINCESS ANNIVERSARY DESTINY WEDDING ETE R N ITY PRIVATE SUNDAY 7/16 NPRINCESS WEDDING DESTINY WEDDING ETE R N ITY WEDDING MONDAY 7/17 6-10 89 GUESTS 6-10 65 GUESTS 12-3 108 GUESTS 6-10 25 G U ESTS 6:30-10:30 39 GUESTS 6-10 75 G U ESTS 6-10 100 G U ESTS 6-10 176 GUESTS 12-4 50 GUESTS 6-10 85 GUESTS 6-10 140 G U ESTS LEE & JESS KATILYNN & MATTHEW CENTRAL ESCROW HEMET DENTAL MICHELLE & LEONARD JUDY & LINDA ELIZABETH & MICHAEL JAYA & MOHAN ANANYA & BRETT BRENDA & JIM GAIL & JUSTIN 92 7-161 DESTINY 6:30-10:30 LA FIRE DEPARTMENT CORPORATE 65 GUESTS TUESDAY 7/18 ATHENA 6-10 CORPORATE 91 GUESTS UNITED SPORTS 9J 7-162 Electra Cruises Parking July 20-26 THURSDAY 7/20 ATHENA 6-9 CFMA CORPORATE 90 GUESTS SATURDAY 7/22 NPRINCESS 12-4 BAYLIEGH SANTOS QUINCEANERA 45 GUESTS DESTINY 12-4 DIEU-HOA & DON WEDDING 66 GUESTS ATHENA 6-10 SANDRA & ERIC WEDDING 100 GUESTS DESTINY 6-10 HANNA & BRANDON WEDDING 63 GUESTS ETERNITY 6-10 CAROL NICHOLSON CELEBRATION 130 GUESTS SUNDAY 7/23 ATHENA 6-10 MICHELE & KEVIN WEDDING 28 GUESTS TUESDAY 8/2 ELECTRA 12:30-4:30 BEAUTY BLENDER CORPORATE 30 GUESTS 1-00 7-163 Electra Cruises Parking Julv 27 -August 2 THURSDAY 7/27 ATHENA 4-8 FUJI MASTALSKI BIRTHDAY 50 GUESTS DESTINY 6:30-10:30 MISTIE & ANDRE WEDDING 50 GUESTS ETERNITY 5-10 LAUREN & JAMES WEDDING 125 GUESTS FRIDAY 7/28 ETERNITY 11-3 ZILLOW GROUP COMPANY PARTY 260 GUESTS ETERNITY 6-10 DAWN & ROY WEDDING 96 GUESTS SATURDAY 7/29 ATHENA 12-4 JACKIE & JAMES WEDDING 85 GUESTS DESTINY 11:30-3:30 MARLENE SPIEGELS BIRTHDAY 108 GUESTS ATHENA 6:30-10:30 CHRISTINE & MICHAEL WEDDING 74 GUESTS DESTINY 5-9 BRANDON & JENNIFER WEDDING 119 GUESTS SUNDAY 7/30 ELECTRA 12-4 BRITTANY & JAKE WEDDING 86 GUESTS ATHENA 5-9 NATALIE & JOE WEDDING 51 GUESTS NPRINCESS 6-10 GRETCHEN PATINO QUINCEANERA 70 GUESTS 101- 7-164 Electra Cruises Parking August 3-9 THURSDAY 8/3 ETERNITY 6:30-10:30 LAUREN & LOVEN WEDDING 124 GUESTS FRIDAY 8/4 DESTINY 6-11 AUDREY & JEAN -CHRIS WEDDING 72 GUESTS SATURDAY 8/5 ATHENA 12-4 YVONNE & WILLIAM WEDDING 90 GUESTS NPRINCESS 12:30-4:30 AHARON & MISHIE WEDDING 108 GUESTS DESTINY 12-4 NINA TRAN ANNIVERSARY 115 GUESTS ETERNITY 12-4 JASMINE & DAVID WEDDING 125 GUESTS ATHENA 5:30-10:30 DEANA & DAVID WEDDING 97 GUESTS NPRINCESS 6:30-10:30 ASHLEY & ZACH WEDDING 70 GUESTS DESTINY 6:30-10:30 KATRINA & JUSTIN WEDDING 110 GUESTS ETERNITY 6-10 KARA & JASON WEDDING 190 GUESTS SUNDAY 8/6 ATHENA 5-9 STEPHANIE & DAIN WEDDING 136 GUESTS DESTINY 5:30-9:30 HELEN & LAWRENCE WEDDING 102 GUESTS 1-02 7-165 Electra Cruises Parking August 10-16 FRIDAY 8/11 ATHENA 6-10 HARIS & DENIS WEDDING 43 GUESTS NPRINCESS 6:30-10:30 ABBY & DANIEL WEDDING 84 GUESTS DESTINY 6:30-10:30 LYNETTE & SCOTT WEDDING TBD GUESTS ETERNITY 6:30-10:30 LEILANI & SAIKING WEDDING 93 GUESTS SATURDAY 8/12 ATHENA 12-4 AMBER & SHAUN WEDDING 85 GUESTS DESTINY 12-4 DARDI & DAN WEDDING TBD GUESTS ELECTRA 6-10 LINDA & RANDY WEDDING 40 GUESTS ATHENA 6-10 YOLANDA & JEFF WEDDING 130 GUESTS NPRINCESS 6-10 MANOUSH & TERRY WEDDING 53 GUESTS DESTINY 6-10 CHRISTINA & GERALD WEDDING 112 GUESTS ETERNITY 6-10 PIYANKA PATEL CELEBRATION 175 GUESTS SUNDAY 8/13 ATHENA 6-10 PETE PATEL CELEBRATION TBD GUESTS DESTINY 6-10 ROYA & KASRA WEDDING 65 GUESTS T os 7-166 Electra Cruises Parking August 17-23 FRIDAY 8/18 ELECTRA 5-8 ALEX ESPINOZA CELEBRATION 56 GUESTS ATHENA 2-5 SHOCK MEDIA GROUP CORPORATE 59 GUESTS NPRINCESS 6-10 SANDRA & YOUSEFF WEDDING 43 GUESTS DESTINY 6:30-10:30 EVANGELINE TAULTON BIRTHDAY 130 GUESTS SATURDAY 8/5 ELECTRA 12-4 HAYLIE & ROBERT WEDDING 40 GUESTS DESTINY 12-4 JANICE & JOE WEDDING 38 GUESTS ATHENA 6-10 STEPHANIE & TONY WEDDING 41 GUESTS NPRINCESS 6-10 MARISOL & HENRY WEDDING 90 GUESTS DESTINY 6:30-10:30 ISABELA GUDINO QUINCEANERA 150 GUESTS ETERNITY 6:15-10:15 CHANTELLE LABOWE BAT MITZVAH 175 GUESTS SUNDAY 8/6 DESTINY 12-4 JAMES YANG BRITHDAY 65 GUESTS DESTINY 6-10 YESSENIA & ALBERT WEDDING 113 GUESTS x-04 7-167 Electra Cruises Parking August 24-8.30 THURSDAY 8/24 ELECTRA 3-8 BANK OF AMERICA CORPORATE 20 GUESTS ATHENA 7-10 UNIVISION CORPORATE 130 GUESTS FRIDAY 8/25 DESTINY 7-10 CASSANDRA CHAVEZ QUINCEANERA 90 GUESTS SATURDAY 8/26 ELECTRA 6-10 PROTECH CORPORATE 55 GUESTS ATHENA 6-10 LETECIA & EMMANUEL WEDDING 92 GUESTS DESTINY 6-10 CATHERINE & VIJAY WEDDING 105 GUESTS ETERNITY 6-10 JESSICA & MARCUS WEDDING 150 GUESTS SUNDAY 8/27 ETERNITY 6-10 UNAIMA & MURTAZA WEDDING 150 GUESTS T05 7-168 YACHT SCHEDULE AUGUST 31- SEPTEMBER 6 FRIDAY 9/1 NPRINCESS 60 GUESTS 6:30 - 10:30 GEMMA WEBB DESTINY 46 GUESTS 6-10 CHRISTINE & MICHAEL SATURDAY 9/2 DESTINY 80 GUESTS 12-4 DARLA & CHARLES ELECTRA 30 GUESTS 6-9 CASSIE MACKAY ATHENA 55 GUESTS 5:30-10:30 ANGEL & SAL DESTINY 108 GUESTS 5-11 MARIAH & BRYAN ETERNITY 190 GUESTS 6-11 NORA & PAUL SUNDAY 9/3 DESTINY 89 GUESTS 12-4 LEXIE & SAL DESTINY 48 GUESTS 6-10 TERESA STEWART ETERNITY 88 GUESTS 6:30 -10:30 XUEQI & YIMENG TUESDAY 9/5 ATHENA 150 GUESTS 6-10 HAUTE OC 100 7-169 YACHT SCHEDULE SEPTEMBER 7 -13. 2017 FRIDAY 9 S 9/8 55 guests ATHENA 6-10 YAZMIN & SIMON SATU RDAY_9L9_ 9/9 84 guests DESTINY 12-4 NICOLE & BRANDYN 9/9 20 guests ELECTRA 6:30 --10:30 TOM TO TTY 9/9 122 guests ATHENA 6-10 MARITZA & VICKTOR 9/9 77 guests NPRINCESS . 6-10 ANNIE & MARC 9/9 100 guests DESTINY 6-10 IRENE & MARC SUNDAY 9110___ 9/10 75 guests ATHENA 1-5 CRHISTINA HERNANDEZ 9/10 108 guests DESTINY 6:30 —10:30 NANCY & DAVID 9/10 150 guests ETERTNITY 6-10 ASHTON & NICK 1-o7 7-170 YACHT SCHEDULE SEPTEMBER 14 - 20 THURSDAY 9/14 DESTINY 100 guests 4-6 DAVID GRIFFITH/MSA MM ETERNITY 75 guests 3-7 PLANETJONE— SHAWNA HAYES LK FRIDAY 9/15 DESTINY 105 guests 12-4 TOSHIBA SP DESTINY 70 guests 6-10 KRISTEN & RICHARD MM ETERNITY 160 guests 6-10 FRANCIS & ANDY SP SATURDAY 9/16 ATHENA 77 guests 12-4 DAISY & NICK AD DESTINY 110 guests 1-5 MONIQUE & CLARK ANNIV. AD ELECTRA 31 guests 6-10 KATHI BURKE MM ATHENA 38 guests 6-10 CAROLYN SMITH LK DESTINY 85 guests 6:30 — 10:30 KAYLA & JASON SP ETERNITY 180 guests 6-10 COOKIE & RYAN MM SUNDAY 9/17 ETERNITY 116 guests 12-4 LENITA & AUNDE AD ATHENA 40 guests 6-10 LYNETTE & GREGORY MM TUESDAY 9/19 ELECTRA 22 guests 12-4 MARUCHAN, INC. AD THRUSDAY 9/20 ATHENA 85 guests 4-8 JON TERY/CLM OC MM 1-02 7-171 YACHT SCHEDULE SEPTEMBER 21-- 27 FRIDAY 9/22 9/22 DESTINY (61 GUESTS) SATURDAY 9/23 9/23 ELECTRA (48 GUESTS) 9/23 ATHENA (120 GUESTS) 5:30 - 9:30 SHANA & ISAIAH KK 11-4 DON ZELLER AD 12-4 CLAREMONT SCHOOL LK 9/23 ELECTRA (38 GUESTS) 6-10 SUE & MATT LK 9/23 ATHENA (80 GUESTS) 6-10 JEANNIE & LAWRENCE LK 9/23 NPRINCESS (35 GUESTS) 6-10 MACLAY COLDEN MM 9/23 DESTINY (142 GUESTS) 6-10 ISIS & MIKE MM 9/23 ETERNITY (193 GUESTS) 6-10 ELENA & CHRIS AD SUNDAY 9/24 9/24 ATHENA (59 GUESTS) 4-8 XIAO & MENG AD 9/24 DESTINY (84 GUESTS) 5-10 SARAH & ALEX AD 1-d9 7-172 YACHT SCHEDULE SEPTEMBER 28 - OCTOBER 4 FRIDAY 9129 9/29 NPRINCESS (66 guests) 6-10 RICHARD HARRIS LAW FIRM KK 9/29 DESTINY (96 guests) 6-10 ANDREA & JIMMY LK 9/29 ETERNITY (150 guests) 5:30-9:30 ASHLEIGH & JORDEN MM SATURDAY 9/30 9/30 ELECTRA (44 guests) 12-4 XIKUI WANG MM 9/30 ATHENA (60 guests) 12-4 JOHANNA & ALFREDO SP 9/30 ELECTRA (48 guests) 6-10 JENNY BUSSEY LK 9/30 ATHENA (74 guests) 6-10 JACQUELINE & ROBERT GM 9/30 NPRINCESS (150 guests) 6:30-10:30 KENEISHA WILLIAMS MM 9/30 DESTINY (90 guests) 6-10 SOO & YOON KK 9/30 ETERNITY (113 guests) 6:30-10:30 JANA & SCOTT LK SUNDAY 10/1 10/1 ELECTRA (38 guests) 6-10 BARBARA & ROBERT SP 10/1 ATHENA (80 guests) 5:30-9:30 EDWARD LEE AD 10/1 DESTINY (70 guests) 5-9 JENELLE & LUIS KK MONDAY 10/2 10/2 DESTINY (100 guests) 6-10 IN -N -OUT SP 110 7-173 YACHT SCHEDULE OCTOBER 5-11 FRIDAY 10/6 10/6 ATHENA (63 guests) 6-10 MARILYN DILGER AD 10/6 DESTINY (136 guests) 7-11 KELU & TREVOR LK SATURDAY IOL7 10/7 ATHENA (74 guests) 12-4 SIRIAT & GUISEPPE KK 10/7 NPRINCESS (92 guests) 12-4 NAOMI & LYLE KK 10/7 DESTINY (50 guests) 11-3 ELNAZ & IMAN SP 10/7 ELECTRA (35 guests) 6-10 ANNE -MARIE B. LK 10/7 ATHENA (73 guests) 6-10 BRENNA & MATT MM 10/7 DESTINY (102 guests) 5:30— 10 REBECCA & NICK KK .10/7 ETERNITY (85 guests) 6-10 VALENCIA HS SP 1017 ETERNITY (80 guests) 6-10 EL DORADO HS KK * * * BOTH SCHOOLS ARE SHARING THE BOAT SUNDAY 10/8 10/8 ATHENA (56 guests) 6-10 LUCY & JOE LK 10/8 DESTINY (88 guests) 5-9 TOREY & BRYAN MM -111 7-174 YACHT SCHEDULE OCTOBER 12 -18 THURSDAY2U/9 10/12 ELECTRA (0 guests) 5-9 move out of slip DJM NPRINCESS (0 guests) 5-9 move out of slip DJM 10/12 DESTINY (90 guests) 2-6 IRVINE COMPANY AD SATURDAY 10/3.4 10/14 ELECTRA (50 guests) 6-10 AMY & STEVE MM 10/14 ATHENA (70 guests) 6-10 MAGAN & NICK AD 10/14 NPRINCESS (80 guests) 6:30-10:30 DARRIAN GRAINER LK 10/14 DESTINY 154 guests) 5:30-9:30 ROSEANNA & KATHERINE MM SUNDAY 10/15 10/15 ELECTRA (58 guests) 12-4 BRITTANY & PATRICK KK 10/15 ATHENA (50 guests) 5:30 — 9:30 AUTUAM & DAMON MM 10/15 DESTINY (44 guests) 5-9 NICOLE & PAUL KK TUESDAY 10/17 10/17 ELECTRA (40 guests) 12-2 MXM SP WEDNESDAY 10/18 - 10/18 FOOD TASTE --12 7-175 Attachment No. PC 4 Existing Parking Management Plan 113 7-176 o, a 7-177 4Ws V i ►IRE GODS a LAUQ mh - MA PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA DJM Capital Partners, Inc. I November 13, 2014 I I . OVERVIEW 4 2. PARKING GARAGE: SELF -PARKING 5 3. VALET Er STACKED PARKING 6 4. SURFACE PARKING 10 5. MOBILITY: BICYCLE, PEDESTRIAN AND BOAT 12 6. OFF -SET HOURS 17 7. LAND USES 18 8. EXHIBIT A: SIGNAGE Et WAY -FINDING 19 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-179 DJM CAPITAL PARTNERS, INC Re: Parking Management Plan - Lido Marina Village Attn: Becky Sullivan DJM Capital Partners, Inc. November 13, 2014 Dear Ms. Sullivan, On behalf of the entire LAZ Parking family, I am pleased to submit the following Parking Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Jared Svendsen Regional Vice President isvendsen@lazparking.com 1-858-587-8888 9333 Genesee Ave, Suite 220 San Diego, CA 92121 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-180 DJM CAPITAL PARTNERS, INC Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 422 spaces and consists of surface parking and garage parking. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-181 DJM CAPITAL PARTNERS, INC LZ Entrances Et Exits The parking garage will be accessed by self-parkers through the main entrance on Via Lido. Signage at the entrance will inform parkers of the rules of the parking facility, applicable parking rates, validation procedures (if any), and method of payments accepted. Parking Equipment In order to manage parking and capture revenue a Parking Access and Revenue Control System (PARCS) will be installed at each entrance. The lanes will be controlled using ticket dispensers in the entry lanes and gate arms in all lanes. Upon entry, a ticket will be pulled allowing for efficient ingress. Pay Stations Before occupancy of the restaurants, the parking facility will be equipped with automated equipment at exit and a Pay -On -Foot (POF) station to be located near the main pedestrian ingress point. Through a coordinated signage program, visitors will be encouraged to take their entry ticket with them. They will pay just prior to exiting at one of the POF stations. Payment options at the POF will include cash, credit, and debit. Upon payment of the parking ticket, an exit ticket will be issued, which will simply need to be inserted into an exit machine installed in all of the exit lanes. Once the exit machine verifies parking fees have been paid, the gate arm raises to allow the vehicle to exit. If a balance is due, the visitor will have the option to pay with credit/debit card. Should the visitor require assistance, they will interact with an attendant via the intercom in order to complete the transaction. Visitors will be encouraged to pay prior to exiting the garage at one of the POFs. The POFs will accept cash, credit, debit, and validations. At the exit, the equipment will only accept credit cards, debit cards, and validations for payment. Typically, it is recommended to only accept cash and dispense change at the POFs and not in the exit lanes in order to minimize transaction times and maintain an acceptable Level of Service. Customer Service Ambassadors During peak periods, we anticipate staffing Customer Service Ambassadors (CSAs) at the exit lanes to help expedite the process and provide support as needed to allow for efficient egress. Although the equipment will be automated and visitors will be encouraged through a sign program to pay in advance at one of the POFs, some visitors may approach the exit and not be prepared to pay with a credit or debit card. In those cases, the CSAs will be equipped with pre -loaded value cards compatible with the PARCS system. The CSA can then manually calculate the parking fee and collect cash payments. They will then vend the gate using their card. Revenue reconciliation and audit processes ensure all revenue is accounted for. Signage Et Way -Finding A comprehensive sign program has been developed for the entire property, including the parking areas. A detailed plan is included in Exhibit A: Signage and Way -finding. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-182 DJM CAPITAL PARTNERS, INC LZ Greeting Zone The Greeting Zone or valet staging area will be located in a turn -out area along the curb located on Via Oporto near the 3450 Via Oporto building. This greeting area will have the capacity to hold 3 vehicles at any one time. The approximate location of the Greeting Zone is shown below as indicated by the red star. The blue arrows illustrate the path of travel for valet vehicles in to the garage, where the vehicles will be stored, and out of the garage, as vehicles are returned to guests in the greeting zone. The green arrows illustrate the path of travel of valet runners to and from the greeting zone and the garage, where the vehicles will be stored. -n _I b A Valet Attendant will drive the vehicle from the Greeting Zone to the vehicle storage area within the Parking Garage. The drive pattern is to and from the Greeting Zone is efficient and works well with the traffic circulation of the property. Valet Parking - Guest Experience (Vehicle Drop -Off) The following is the process for greeting guests who choose to utilize the valet zone: • Guest is greeted by a Valet Ambassador in the Greeting Zone. • We train and utilize our guest service practice of G.E.N.I. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-183 DJM CAPITAL PARTNERS, INC LZ 3. VALET • STACKED PARKING Greet Guest are to be greeted within 15 seconds and personally express a warm welcome! Eye Contact Make eye connect with each guest to establish a human level of connection and trust with the guest. Name Recognition Our valets will ask for the guest's name upon arrival and will use their name at least once on the way in and on the exit. They will also introduce themselves by name during the initial greeting. Impress Someone Anticipate a need/ask a helping question upon arrival and at exit. • Guest is issued a valet claim check and given retrieval instructions, including the option to text ahead for their vehicle. • Guest leaves the Greeting Zone and proceeds to their destination within Lido Marina Village. Valet Parking - Guest Experience (Vehicle Return) • Guest either texts ahead or returns to Greeting Zone and presents valet claim check to Valet Attendant or Valet Ambassador. • Valet Attendant retrieves guest's keys, runs to the vehicle storage location, and returns the vehicle to the guest in the Greeting Zone. • Valet attendant opens all doors for guest, thanks the guest and hands the driver the vehicle keys. • Guest departs in their vehicle and proceeds toward Central Avenue. Flash Valet In order to operate the valet as efficiently as possible, minimize guest wait times, and maximize guest service, we propose utilizing Flash Valet technology. Offer your busy guests the luxury of having their vehicle ready when they are. With Flash Valet, guests can request their vehicle by text and pay from their phones or at the valet stand with any major credit card or PayPal. Valet Parking - Vehicle Storage Ft Stacked -Parking Plan Valet vehicles will be parked in 26 tandem spaces Level 5 in designated valet areas. These areas can be set for flexible use based on day of week, time of day and season. During the busiest times, more PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-184 DJM CAPITAL PARTNERS, INC spaces will be set aside for valet usage in order to allow for stacked parking to increase capacity. During slower times, fewer spaces would be reserved. The illustration below show the specific spaces that will be utilized. Level 5 Level 5 Valet Storage Capacity (Striped): 26 Self -park Storage Capacity: 14 r— —1 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-185 DJM CAPITAL PARTNERS, INC LZ Valet - Tandem Parking Procedures 1. A self-locking key box will be located on a wall or column in each Valet Vehicle Storage Area where vehicles are stacked -parked. Keys are stored in these boxes for vehicles that are double- parked. 2. When a blocked -in vehicle is requested, the Car Stacking Attendant will retrieve the keys for the vehicle in the front stall from the key box located on the row where the car is parked. The front vehicle will be pulled out and re -parked on a neighboring stall and the keys hung in the key box. 3. The first vehicle will be re -parked in the available stall and the keys hung in the key box. 4. Vehicle keys will be locked in the locking key boxes at all times when parked. Traffic Directors At peak times, Traffic Directors will be staffed in order to expedite vehicle movement within the ring road and the parking garage. Valet - Hours of Operation 1n the Parking Demand Analysis, the firm Linscott, Law, 8t Greenspan anticipate a need for Valet Parking to mitigate a potential parking deficit. The projected peak demand based on expected uses is on Thursdays at 1:00 PM. However, Valet Service will be considered an amenity for Lido Marina Village throughout the week. Hours of operation may be adjusted to accommodate the needs of the facility and tenants. The following is the anticipated hours of service: 11 am - 9pm 11 am - 9pm 11 am - 9pm 11 am - 10pm 11 am - 11 pm 11 am - 11 pm 11 am - 8pm Staffing Levels "Break -In Period" In order to deliver a positive visitor experience, Lido Marina Village will have a robust staffing and supervision plan during the first 60 - 90 days. This will allow flexibility to respond as the nuances of the parking situation are identified. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-186 DJM CAPITAL PARTNERS, INC The surface parking areas at Lido Marina Village will be managed by the Parking Operator contracted to provide valet service and garage operations for the project. Since these areas are outside of the garage's PARCS and are un -gated, we will utilize Pay Et Display machines to charge for parking and manage usage. All Pay Et Display machines will be installed prior to the occupancy of restaurants. Equipment The Pay Et Display machines will be similar to the unit pictured to the right. For detailed information, please see the Product Sheet on the following pages. A summary of basic functions from the user's perspective is as follows: 1. The visitor presses any button to begin. 2. The machine will offer time interval options with corresponding rates. 3. After a time period and rate are selected, the machine prompts for payment. 4. Payment can be made via cash, credit, or debit. 5. A receipt/pass is issued and the visitor is directed to place face -up on dash. Signage Signage will be installed throughout the area directing parkers to: • Park • Pay • Display • In Advance Enforcement To ensure compliance the surface parking area will be checked periodically by parking and/or security staff in order to ensure time -limits are enforced and vehicles parked are displaying valid passes. Unauthorized vehicles will be issued Warnings and repeat offenders may be towed according to CVC 22658a. Parking Area I - "Central Avenue Spaces" The area designated as "I" in the diagram below are controlled by the City. There are currently 13 parallel spaces on both sides of the street. The renovation plans for the property show this area reconfigured with 15 diagonal spaces on one side of the street. Parking Area II - "Alley Spaces" The area designated as "II", consisting of 10 parallel spaces as shown in the diagram below, will also be managed through the use of hang -tag passes and Pay Et Display tickets as described above. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-187 DJM CAPITAL PARTNERS, INC �Z Parking Area III - Via Oporto The area designated as "III", shown in the diagram below, consists of City -controlled spaces. It is our understanding the City will manage these spaces and charge for parking. We recommend the City install at least two Pay Ft Display machines be installed on one side of the street. Parking Area IV - The area designated as "IV", shown in the diagram below, consists of 7 angled City -controlled metered spaces. It is our understanding the City change these to pay and display instead of meters. Parking Area V - Via Lido The area designated as "W', shown in the diagram below, consists of 13 City -controlled metered spaces on Via Lido. It is our understanding the City will manage these spaces and charge for parking. L— r—.1— PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-188 DJM CAPITAL PARTNERS, INC In addition to providing parking for vehicles, Lido Marina Village is making strides to encourage other forms of mobility. The property's current 20 bike racks will be increased to 60, a 200% increase. They will be placed at convenient points on the property to encourage utilization. The Bike Exhibit on the following page shows the proposed locations and quantities of each rack: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-189 DJM CAPITAL PARTNERS, INC BIKE EXHIBIT LEGEND JJJ _ EXISTING BIKE RACKS 20 . PROPOSE] BIKE RACKS � 40 - - TOTAL BIKE RACKS 00 Y Ab Jil EA.'E I - � yh ! T E J PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJNI Capital Partners, Inc_ 127' 7 -iso DJM CAPITAL PARTNERS, INC In addition, the overall design and layout of the property makes it very walkable. The Pedestrian Exhibit on the following page illustrates paths of travel through the site: PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-191 DJM CAPITAL PARTNERS, INC PEDESTRIAN EXHIBIT LEGEND PEDESTRIAN PATH - - -- - - � 1 1 ��r � � a 1 �1 • 4 , �T------- i ----i--- -- - - - 1 W PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I PJM Capital Partners, Inc_ 12� 7-192 DJM CAPITAL PARTNERS, INC Lastly, the marina access and boat slips are expected to accommodate approximately 5% of traffic to the restaurants at Lido Marina Village. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-193 DJM CAPITAL PARTNERS, INC As indicated in the Linscott Law and Greenspan Parking Demand Analysis for Lido Marina Village date October 13, 2014 there is a discussion of off -set peak demand for uses throughout the Center. Overview The proposed parking supply for the Center is 422 spaces. As part of the Survey a Shared Parking Demand Analysis was conducted to show the peak demand for spaces exceeded the on-site capacity. The Analysis presents two scenarios: The first scenario (shown in Tables 6, 7, and 8) show the overall demand with the ultimate development program. Under this scenario, the parking shortfall for the Center occurs during the following times with a maximum shortfall of 100 spaces: Weekdays (Thu sample) 12:OOPM - 9:OOPM Peak shortfall of 63 spaces at 7:OOPM Weekends (Sat sample) 12:OOPM - 10:OOPM Peak shortfall of 100 spaces at 6:OOPM The second scenario (shown in Tables 9, 10, and 11) show the overall demand without redevelopment or re -occupancy of 3450 Via Oporto restaurants. Off -Set Solutions To off -set the anticipated shortfall of parking, we propose implementing the following strategies during specific days and times to help mitigate parking shortages. Valet Parking Hours of Operation: Jan - Dec Mon - Sun 11:OOAM - 11:OOPM (Hours may be adjusted based on need) Off -Site Parking As described in the Parking Demand Analysis, when the occupancy of the center reaches a certain point, there will be a need to supplement the parking demand at Lido Marina Village with an off- site parking solution. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-194 DJM CAPITAL PARTNERS, INC The proposed Land Uses will shall be capped for restaurants at 23,996 sf and exclusive restaurant patio of 5,463 sf to ensure parking demand is not exceeded. The Parking Demand Analysis contemplates occupancy scenarios for the Center under the section "Sensitivity Parking Demand Analysis". Under Sensitivity Scenario A, the project includes all modifications except the vacant 1" floor restaurant and proposed 2"d floor restaurant located at 3450 Via Operto and results in a peak time surplus of 60 parking spaces. Under Sensitivity Scenario B, the project includes approximately half of the vacant/new retail uses, the entire vacant/new restaurant uses [except for 3636 Newport Boulevard, 3416 Via Oporto (Suite 104) and 3420 Via Oporto (Suite 101)], and the vacant office space and results in a peak time surplus of 2 parking spaces. PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 7-195 SITE PROGRAMMING PLAN PARKING MANAG£M£NT PLAN Lida Marina Village, Newport [leach CA I PJM Capital Partners, Inc- -'M96 Parking Structure - Level 1 1 ." W—q-6R m PARKING PROoRAMMIWG PIAN - LEVEL 1 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I PJM Capital Partners, Inc_ :L 7-197 Parking Structure - Level 2 1.3 ly _a Uivv } Q z LU 0 PARKING PROGRAMMING PLAN . LEVEL 7 LAz PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I PJM Capital Partners, Inc_ 2 7-198 Parking Structure - Level 3 uj Q Q H z LU U PARKING PROGRAMMING PLAN - LEVEL 3 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I PJM Capital Partners, Inc_ -"q9 Parking Structure - Levels 4 and 5 t v❑ "Iq Q pa�rQ Ll a! PARKING PRtyGRAMMING PLAN - LEVEL A & LEVEL 5 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I PJM Capital Partners, Inc_ 7-200 o, a -i3e 7-201 Attachment No. PC 5 Existing Shuttle Management Plan 1-39 7-202 o, a 140 7-203 V i ►IRE GDot a LAUQ mr - MA LIDO MARINA SHUTTLE MANAGEMENT PLAN Lido Marina Village, Newport Beach CA Lido Retail Group LLC. I September 27, 2016 I EXECUTIVE SUMMARY 3 2. OVERVIEW 4 3. EMPLOYEE OPERATIONAL DETAILS 5 Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-205 Re: Employee Shuttle Management Plan - Lido Marina Vitlage Attn: Patricia Apel Lido Group Retail LLC August 29, 2016 Dear Ms. Apel, On behalf of the entire LAZ Parking family, I am pleased to submit the following Employee Shuttle Management Plan for Lido Marina Village. LAZ Parking, the third largest national parking company in the United States, was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with regional offices in Los Angeles, San Francisco, Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore, Washington DC, Miami, Dallas and San Antonio. Through our partnership, we now manage over 1,800 locations in 26 states, 250 cities, and maintain gross revenues in excess of $830 million annually. Our Southern California Region employs more than 1,200 people and we operate over 250 locations, with a client retention rate that exceeds 96% annually. Our portfolio includes: resident parking facilities, surface parking lots, major entertainment/ event parking, universities, hotels, office buildings, mixed-use projects, on-street/municipal parking, shuttle systems, hospitals and medical complexes, stand-alone garages, valet parking sites, and airports. We offer our clients the resources of a large company but with the attention and responsiveness more typical of a local company. Our Southwest Division has offices in San Diego, Orange County, and Los Angeles. It is headed by Michael Harth, West Coast President, Kynn Knight, Executive Vice President and Jared Svendsen, Regional Vice President. We appreciate the opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. Sincerely, Chris Handlos General Manager chandlos@lazparkinq,.com 1-805-341-5857 1525 E. 17th St., Suite H Santa Ana, CA 92705 Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-206 Lido Marina Village is a mixed-use retail center consisting of approximately 112,029 square feet. According to the Parking Demand Analysis provided by engineering firm Linscott Law Et Greenspan, the total parking supply is 416 spaces and consists of surface parking and garage parking. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-207 To maximize the parking at Lido Marina for guest use, an Employee Shuttle Program will be implemented to offsite employee vehicles. This 20 passenger shuttle will be provided for EMPLOYEE USE ONLY and will be ADA compliant. Below are pictures of our proposed shuttle. SHUTTLE SPECS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. ' 7-208 MONTHLY PARKERS A monthly parker for Lido Marina Village is defined by a person or persons (employees / associates) working for any tenant who is leasing space at Lido Marina Village or the tenant themselves. Distribution of Monthly Parking In order to obtain monthly parking privileges the following steps will need to be taken: (1) Completed Monthly Parking Agreement Form which contain the following: a. Person First and Last name b. Make and model of their vehicle c. Tenant they work for or tenant that is leasing space at Lido Marina Village d. Hours / Days of parking onsite and offsite e. Replace Fee f. Reactivation Fee g. Rules and Regulations of On-site and Off-site Parking h. Penalties and Fines for breaking parking / shuttle rules Et regulations (2) Once completed and signed the monthly parker will receive the following: a. Hanging Tag for their vehicle which must be displayed at all times b. Shuttle pass - must be shown to the driver when entering the shuttle c. Parking key card - this key card will only be activated and can only be used during non - shuttle operating days / hours. 'Should a monthly parker lose any of the above 3 items a $25 replacement per item will be added onto the monthly parker's monthly invoice. Access to Lido Marina's Parking Garage To ensure monthly parkers to utilize the shuttle and the offsite parking area during high demand days, key cards will be set to only access the parking garage during non-operating shuttle days / hours. Monthly Parking Fee The monthly fee to participate in the Lido Marina Parking program will continue to be at the rate of $85 per month which has been the rate since the previous owner of Lido Marina Village. Access to Hoag Parking Facility Off Site parking for Lido Marina employees is located in the parking structures directly behind the Hoag Health Center in Newport Beach. The parking stalls designated for Lido employees are located in both the 530 and 540 Superior Avenue parking structures. There are approximately 1600 spaces between both parking structures. The shuttle pick up and drop off area is depicted on page 8 of the shuttle plan. Access will be granted to Lido employees after they complete a vehicle registration form. When they turn in the completed form to management, a hang tag will be issued that will identify them as Lido Marina Village employees. Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. -L- ` ;Z_ 7-209 SHUTTLE OPERATIONS Days and Hours of Operations Due to the growth in the estimated amount of monthly parkers we have divided the shuttle operation into 2 different phase to successfully accommodate all employees of the center. Below are the 2 proposed phase of the Employee Shuttle and salient details: • Phase 1(10/15/2016 to 11/30/2016): Thursday - Sunday: 3p - 12a • Phase 2 (12/1/2016 s!oinq forward): Monday — Sunday: 10a — 2a Arrival and Departure Schedule A full complete shuttle route will take approximately 20 minutes. The shuttle will commence at the top off the hour and will complete 3 trips each hour. *The start and end times will follow the times of the 2 phases listed below: Phase 1 Thursday - Sunday: 3p - 12a *3p start for shifts starting @ 4p Phase 2 Monday - Sunday: 10a - 2a *10a start for shifts starting @ 11a Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 7-210 Hoag Arrival / Departure Zone U Non-exclusive employee parking up to 100 spaces per lease agreement Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. � ` 7-211 OVERVIEW r11)r AveV. ° y r f�mFt�Y� sal 4 Fir;,- R b,y B C J'L' �. t ar .. �� f - .. � �r- . 1 .. t . R 114 ;, i 1Y 3 <t � ji 'p, 41 4;L§ yd �'f'• c oa' s!- �yy �_ aluga �augs # �= o s � gid: .Pl ��'� � � � REPORTING: Operations shall maintain a list of all permit holders and shall track ridership of the shuttle on an hourly basis. said records shall be submitted to the Planning Division staff on a monthly basis for the first year. ADDITIONAL Q Ft A 1. Discuss specifically who the off-site lot is intended to serve. Is it for employees only? Will any tenants (i.e. Electra or other) or customers be required to park here? ■ Off-site parking lot will be intended for Monthly Parker of Lido Marina Village (employees/associates as defined in the Lido Shuttle Management Plan) only 2. How will enforcement of the off-site parking lot work? How will employees be required to park in the off-site lot? Is there a provision in the tenant lease that notifies the shop owners to make their employees park of -site and take the shuttle? ■ Management will hold Tenant meetings to supplement parking communication that will be sent out to not only the store employees working at Lido but to their corporate notice addresses as well. ■ Lease language is also in place to give Landlord the ability to determine where monthly parkers must park. Please see below and on the next page. 2.2 Vehicle Parkine. Provided Lessee is not in default, Lessee's invitees and customers shall be entitled to the non-exclusive light to park in the Project -related parking facilities, which may be located at the Project and/or off-site, at reasonable rates and fees as determined by Lessor from time to time. Lessor may require that a valet service be utilized for some or all of the parking facilities at any time and from time to time. Employees, invitees and customers of Lessee will be required to pay for parking in the Project -related parking facilities. Use of such parking facilities for Lessee's employees, invitees and customers shall be at all times be subject to availability and to the fees and reasonable rules and procedures that may be implemented by Lessor from time to tune_ Subject to availability and to the terms and conditions of this Section 2.2, Lessee may rent from Lessor a limited number of ,unreserved employee, parking passes, as may be mutually agreed upon by Lessor and Lessee_ All employees of Lessee who axe permitted to park in the Project -related parking facilities, as determined by Lessor, must display a parking sticker on their automobile in the location designated by Lessor, which sticker will be provided by I,cssor. Lessee shad/ pay to Lessor monthly with Base Rent the then prevailing rate charged by Lessor for any unreserved employee parking passes rented to Lessee (which is currently $85.00 per pass per month)_ If Lessee commits, permits or allows any of the prohibited activities respecting parking described in this Lease or the rales then in effect, Lessor shall have the right without notice, in addition to such other rights and remedies that it may have, to (i) remove the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor; (ii) terminate Lessee's employee parking passes; and/or (iii) charge the then current rate for customer parking. The employee parking passes rented by Lessee are provided to Lessce solely for use by Lessee's employees and such passes inay not be transferred, assigned, subleased or otherwise alienated by Lessee or its employees without Lessor's prior written approval, which approval may be withheld by Lessor in its sole and absolute discretion - The use by Lessee and its employees, customers and invitees of the Project -related parking facilities shall be on the terms and conditions established by Lessor from time to time_ Lessee shall not pG7ntit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, customers or invitees to be loaded, unloaded or parked in areas other than these designated £or such activities by Lessor. Lessor specifically reserves the right to change the —size, configuration, design, layout, location and all other aspects of the parlang facilities and L Lessee acknowledges and agrees that Lessor may without incurring any liability to Lessee and 7-213 without any abatement or /tent under this Leese, from time to time, temporarily close -off or restrict access to all or any part of the parking facilities (if Lessor provides reasonable substitute 3. Phase I does not include a shuttle in the AM hours. However, it appears there are more employees working at these times? Is this because there is no parking deficiency on-site during these hours? Is there some data to verify this? ■ During Phase 1 opening businesses will see a majority of their employees coming in toward the later portion of the afternoon. This will result in the property seeing a deficiency of parking during the hours of Spm to 12om Thursday through Sunday. 4. Discuss the shift management with the use of the off-site parking lot and the shuttle hours. Will only employees who have afternoon shifts be required to park in the off-site lot? How will this be regulated? ■ During Phase 1 only Thursday — Sunday PM monthly parkers from 3pm-12am will be required to park in the designated off-site parking area. During Phase 2 from 10om -tam, Monday — Sunday, all Monthly Parkers will be required to park off-site. As stated in the Lido Marina Shuttle Management Plan the monthly parker with be regulated by the fallowing: (1) Parking Agreement Forms (2) Hanging Vehicle Tags (3) Shuttle Posses (4) Key Cards (5) The use of technology of the PARCS equipment Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. "- 7-214 o, a i52 7-215 Attachment No. PC 6 Anticipated Restaurant Occupancy 1 5S 7-216 o, a 4 7-217 Lido Marina Village Summary of Restaurants Updated 08/09/2017 Address Restaurant Tenant Code Parking Rate Code Required Parking GFA' NPA" Patio•*' Use Permit Operational Notes 3450 Via Oporto Nobe 1140 sq N NPA . IPatio•2596N PAV40 188 12,603 51150 3,656 UP2015-040 I PA2015-1671 Type 47, Late Hours, Lire Entertainment, Outdoor Dl Ping Patio 3440 Via Oporto zinque 1140 sq ft NPA . Patio•25%NPR 140 46 21379 1.364 795 UP2015.042 I PA2015.1781 Type 41, Late Hours, Outdoor DinIng Patio 3418 Via Lldo Juice Served Here 1150 sq It. NPA . IPatio•25%NPA}150 13 11013 514 250 UP2015.0451PA2015.2031 No Alcohol, No late Houn, Outdo" Dining Patio 1408 Via Oporto Udo Bottle Works 1/40 sq It NPA . IPatio•25%NPA}140 20 1,234 635 324 UP2D16.027IPA21)16.102j Type 41, Late Houm, Outdoes Dining Patio 1416 and 3420 Via Oporw (anticipated) Type A2, No Late Hours, Outdoor Dining Patio 3432 Via Dporte (anNtcpsned) lTyp.41, No Late Hours, (%tdoor Dining Patlo tF7VTOTAL Current TOTAL 1 2671 17,229 7,663 5,625 LIIVTOTAL Max. to Tr er Parkin Study 338 17,904 10,501 5,463 LMV Sp FT REMAINING 7111 6751 21838 438 'Total Maxlmum Restaurant GFA for LMV is 23,996 sq ft, total Identified In the table triggers a new parking study and PC apprmraI per the Parking Management Program •' Net Public Area Ma ilmum is based an prior restaurant net public area research conducted and Ineoporated into the LMV Parking Study, exceeding this threshold will trigger a new parking study and PC approval ••'Outdoor dining patio areas are vesiculated based on exlstl ng entitlements 12,411 square feet plus the code requirement for additional projected patio areas) ' •••Represents the maximum code required parking anticipated under the LMV Parking Study 15.5 7-218 o, a 15& 7-219 Attachment No. PC 7 Existing Parking Pricing 1-57 7-220 o, a -152 7-221 (kLAZ Management Co. Property Manager Parking Facility Manager Property Hours LOCATION INFORMATION DJM Capital Partners, Inc. Dorothy Augustyn is k Jorge Perez 24 Hours a day 1 7 days a week $6.00 $30.00 Daily Max $30.00 Overnight f vent Priccs subject to -hangs $85.00 Unreserved Pricing and availability controlled by PM $9.00 First 2 Hours $3.00 Ea. Add. 30 Min. S40,00 Daily Max. (Operation; Thursday to Sunday 12 PM t9 5 PM) 714-897-2534 Fax: 714-897.7586 949-791-$690 Automated Facility First 2 hours $1.25 ea. Additional 15 minutes 10/117/2016 -`59 7-222 o, a jc�2o 7-223 Attachment No. PC 8 Pilot Program 1-01 7-224 o, a 7-225 Lido Marina Village Parking Management Pilot Program May 18,2017 Purpose: Implement a modified parking management program on a short-term basis to assess how to better accommodate employee parking demand. Goal: Increase employee usage of the parking structure and/or off-site parking facility. Duration: May 15 to July 31, 2017 Monitoring Program: The following details and data will be tracked and shared with the City on a weekly basis to ensure parking accommodations for all employees and guests are being met in the parking structure. • Daily Occupancy Report • Sentry Daily Report o Daily Entrances o Daily Exits • Daily Flash Valet Reports Post Pilot Program: Submit an amendment to the Use Permit modifying the parking management plan by June 151. The intent is for the Planning Commission to consider the amendment in July so there is not a gap in the program. Free Garage Parking: Monday — Sunday 5/15-7/31 • All center employees will be permitted to park on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit) of the Lido Marina Village parking garage Monday — Sunday at no charge. • LAZ will operate a "valet -assist" program and will park employee cars on the FOURTH Floor (identified as 4th and 5th floors in approved Use Permit), stacking vehicles for maximum capacity in allotted spaces. Employees will not self -park. We estimate 137 cars can park on floor 4, stacked. (Using parking lay out on the following page) Tos 7-226 W J Q f.0 Z LU U Li,4 0 'moo _ Total Stacked Valet Vehicles: 45 (Y' floor per UP) (E) STAR MG mummi -m or wurrm yr—, m Total Stacked Valet Vehicles: 92 (4" floor per UP) O 11 q 10 SE - - vwnm rim Cdr` Employee Parking Drop Off/Pickup :1-0_ r 7-227 • Employees must register their vehicles at the parking office first, before parking for free. The vehicle, license, make/model, employer, and employee name will be noted. Upon registering, employees shall be directed to help make the new parking opportunity work and help LMV be good neighbors. Do not park in the residential communities from this point forward. • A vinyl window decal "parking permit" identifying the employee as a LMV Employee with an ID number will be issued. Employees must show the decal as proof, in order to utilize the free parking. N • 2 in • Signage will be placed on the first floor of the parking garage stating "Free Employee Parking —Level 4." Please see example below. C Co Co 24 in • Valet parking for Nobu has been relocated to parking floor zero and floor one (in the alcove area where they can stack cars) and runs 11am to close daily. Nobu valet parking also runs to the Burnham Building at 3700 Newport Boulevard after 7 p.m. The new location will be addressed in the Use Permit amendment. On the following pages are the parking layouts of the 3 valet vehicle storage areas. -1- 05 7-228 Leel 0 - Valet Vehicles: 14 �E (1" floor per UP) a neap m r� 011 O _ EKG ORM�O 93E Ef£ VNYiXf PLYE E%R ENTRY IN."11--.1 11 ro a amem m Yuex � - wu wws � Level 1 - Valet Vehicles: 18 (2"d floor per UP) awavu m 100 7-229 Irl �C;• � I y 0pJ. O 3700 Building - Valet Vehicles: 16 \ f + VIA OPORTO 1 • The blanket CUP requires 26 tandem stalls for valet storage, with only two double stack rows of parking. By utilizing a triple stack row and a double stack row of parking, we are able to achieve a ten stall surplus (or 36 stalls), which will allow more volume in valet parking. Requesting to maintain 4th floor current triple tandem striping layout and not to adhere to the condition of approval to restripe this area since this will be maintained as a valet assist program. 1-07 7-230 o, a log 7-231 Attachment No. PC 9 Proposed Parking Pricing 1-09 7-232 o, a 170 7-233 Nova, Makana From: Becky Sullivan <bsullivan@djmcapital.com> Sent: June 12, 2017 10:21 AM To: Wisneski, Brenda Cc: Nova, Makana Subject: FW: Lido parking Brenda, See below for the validations for the second hour of parking at Lido we just implemented last week. The first hour free we have been doing since 5/1. Thanks, lleeky Sul lik at) CAPYrAL PARTNERS, INC. (805) 680-3200 -Mobile bsullivan@djmcapital.com www.gopaciftccity.com www.lidomarinavillage.com www.bellaterra-hb.com From: Russ Monroe Sent: Monday, June 12, 2017 10:17 AM To: Becky Sullivan <bsullivan@djmcapital.com> Subject: RE: Lido parking Self -park rates for the garage are as follows: 1St Hour: Free Every 15 Minutes Thereafter: $1.50 Daily Max: $30 Retail tenants can now purchase bulk validations at a highly discounted rate for the second hour (i.e. 2 hours free) of parking: $1 each, 150 min. purchase. Restaurant tenants can purchase bulk validations for two hours of parking after the first hour (i.e. 3 hours free): $1.50 each, 150 min. purchase. Russ Monroe Senior Director of Property Management DJM Capital Partners, Inc. 7777 Edinger Avenue, Suite 133 1 Huntington Beach, California 192647 Direct 714.793.1120 1 Main 714.897.2534 1 Fax 714.894.7686 rmonroe@dimcapital.com 1 7-234 o, a 7-235 Attachment No. PC 14 Parking Structure Monitoring Reports 1-73 7-236 o, a 7-237 May 22. 20 17 to May 28, 2017 175 7-238 Mondav Tuesday Wednesda'yThursday Ffiday Saturday Sunday 12 N idnight-1 AAL 01/6 2% 4- % 6% 14°e,0 13% 140% lAllri - 2 -ANI 0°fn 2% 44x'9 09/6 8'°'0 74/9 r 114!0 3 ^ M - 4AM WIO 2% 4% 6% PIC O 60/6 1 W/0 4 -AXI - JAM 1°fin 20/6 4% 6% 8 °'u 60�0 10°/a 3 AM - 6 -ALM 3% 3% 7% 90/0 10% 7% 1W/o 6AM-7AM 7% 101/9 11% 13% 141/6 12% 12% 7 -ALM - KAMM 124!6 14% 160% _ 15% 18% _ 160/6 17% SAM- 9 -AXI 19% 23% 26% 2P/a 31% 22% 24% 9AM-10AI1f 3O4/o 32% 37% 35% 424/; 33% 24% IOA f - I1 A114 31% 37% 40% 40"/6 41% 420/c 31% !IAM - 12 Noon 390/9 45% 481/9 405/0 49° a 5 01Y 39% 12 Noon - IPM 37% 4410 4911/6 44% 561/0 53% 48% IPM -2Phf 36% 461/0 49% 42% 57% 59% 54% 2PM-3PNI 37% 42% 50°/a 46% 560/0 62% 54% 3PIIf-4PM 388/0 43% 52% 47% 584/0 &6% 61% 4Pi11f - 5P11f 33% 46% 55% 56% 644/6 661/0 64% 5PM - 6PXI 39% 48% 541/6 66% 724/0 74% 71% 6PM- 7PXI 31M 47% 5t}% 7t% t% 73% 698/0 7PNi- HIV/ 26% 35% 37% 5P/0 624/9 68% 6601fo SPM-9mf 17% 2.901'0 29% 47% 590/0 590/0, 331% 9PM - IOPNI 90/0 15% 198/0 35% 50% 55% 53% IDP4N.1-1IPTNI 7% 118/0 17% 22% 2990 301/8 33% 11Pni - 12 -AXI 3% 49'is 11% 14% Fl% 200/0 194/'0 175 7-238 Chart AnMay 23. 2017 to May 28, 2017 70% 50% 20% 10% D% to tT tY tt t1` 9� 1PtY tl` 4 . s a t; � - Morvday -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday IL70 7-239 May 29, 2017 through June 04, 2017, Thurs day Friday S aturday Sunday/ 090 6% 9% 170% (Y°'u 40A �% 11% 0010 4% 7% 9% O% 46A 7% 9% 1%0 4% 7% 9% 3% 79/6 80/0 9% 100/0 12% 130/0 11% 12010 15% 190/0 18970 23% 279tO 29% 24% 33% 36% 410 33% 390/0 42% 47%v 46010 44% 53%v 54% 53% 46% 610/0 590V6 629/6 51% 53% 58% 63% 50% 52% 64% 67% 47%6 64% 72% 67% 47% 65%4 83% 56% 47% 66% 900/0 51% 46% 69% 97% 44% 390/0 61% Rl% 41% 32% 58% 790/6 37°/a 21% 46% 73% 33% 15% 289to 43% 281% 7% 1911/0 26°/0 190/0 X77 7-240 Monday Tuesday Wednesday 12 Midnight -1 AM. 00/0 -1% 1%a IAM -IAM -1% -1% 1% 2 AM - 3 AM -1% -1% 1% 3AM - 4 -AM -1% -I% I% 4AM- 5AM -1% -1% 1% 5A114 - 6AM -1% 1% 4% 6 -All - ; AM 00/0 4% Iola% 7AM - 8A14i 00/0 9% 13% S-J%M - 9.AM 4% 1801/6 2.4%0 9_ -NM -10.-%M 901/0 27% 33% 10_AXf -11A.M 140/; 32% 36010 1 LAM -12 Noon 18% 38°7'0 43% 12 Noon - 1P14i 23010 38014 46% IP14i-?PNI 27% 42% 45% ml-3P14i 291/1a 401/6 47% 3PM - 4PM 27% 3901/6 45% 4PM - 3PM 23% 40% 45% 5PM - 6PM 20% 38,% 440A 6Pm- 7PM 15% 32% 43% 7PM - SPM 8% 240%4 34% SPA4 - 9P14i 80/0 17% 26010 9PM - IOPM 7% 11% 17% WPM -11Ph4 5% 807'0 90/0 11PNi-12v-14 00/0 1% 2% Thurs day Friday S aturday Sunday/ 090 6% 9% 170% (Y°'u 40A �% 11% 0010 4% 7% 9% O% 46A 7% 9% 1%0 4% 7% 9% 3% 79/6 80/0 9% 100/0 12% 130/0 11% 12010 15% 190/0 18970 23% 279tO 29% 24% 33% 36% 410 33% 390/0 42% 47%v 46010 44% 53%v 54% 53% 46% 610/0 590V6 629/6 51% 53% 58% 63% 50% 52% 64% 67% 47%6 64% 72% 67% 47% 65%4 83% 56% 47% 66% 900/0 51% 46% 69% 97% 44% 390/0 61% Rl% 41% 32% 58% 790/6 37°/a 21% 46% 73% 33% 15% 289to 43% 281% 7% 1911/0 26°/0 190/0 X77 7-240 X77 7-240 im/0 30% M 44% 20% 0%6 May 30, 2017 through June 04, 2017 e �'o ��- ,"psi �4er yPeS �P �� �P ti°� S�� ��~��e yQ", 4, 34 e y4� b �� ¢Q� �4er -Monday -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday i7g 7-241 June 5. 201717 through June 11, 2017 -17J 7-242 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12 Midnight -1 A -Xi_ 0°/0 20{10 20/6 6% 11% W,r 28% 1 -\.X'i — 2s' Mj 0010 2% 2% 0% 11910 1 PI0 19010 2 hili - 3 AM M/0 2% 2% MIG 11% l(M 18% - 3AM-4AM DO/a 2% 20% 6% 11% 10% IS% 4AML 5A.11+i 1% 2% 3% 61%0 11% 10810 18% 5AMI 6AM 3% 5% 5% 90/6 13% 100/0 18% 6_- -%l - 7AM 901/0 14% 11% 14% 189/0 13% 204/0 - 13% 16% 17% 17% 24% 21% 261% SA.%1- 9ANI 21% 26% 260/4 26% 400/0 29% 27% 9AXf - 10 -ALM 31% 3540 38% 37% 500/10 40% 36% 10AM - IIAM 33% 39% 3S% 50A/8 53% -15010 44% 11_aM -12 Noon 37% 46810 43% 55% 630% 59°f0 50°10 12 Noon -IPM 38% 49% 51% 5SaD/o 63% 694`0 500/0 IPM -2PNi 41% 51% 52014 59% 67% 66% 55% 2P14-i-3PNI 45% 49010 54% 58°10 61% 67% 5�% 3F 'M - 4Pi4I 46% 49% 52% 62% 67% 65% 68'010 4P'_1d - 5PM 42% 47% 53% 580/10 64% 71% 561YO 5PM - 6PNi 470/b 46% 53% 55% 67% 77% 58 0 6PM - 7PM 370/'0 45% 52% 63% 71% 86% 51% 7PM - 8P1vi 29% 35% 41% 56% 69% 79% 478/0 SP -N1- 9PM 1911% 28% 33% 44% 64% 740 41% 9P.N•i- IOPM 16% i9Pa 23% 33% 55% 65% 37% 1OFNA - IIPM 1010/0 14% 169"0 24% 35% 49% 25% I IPM -12AM 4% 4% 8% 14% 24°x6 38% 17% -17J 7-242 904E RD% 70% 604E 56% 4D% 3D% Z6% 111% A June 5, 2017 through June 11, 2017 1676 yw '$ 3Pet0 v ��yfl ��t4 �,�c yQ� tips Monday -Tuesday -Wednesday-ThurWw -Friday -Saturday -Sunday TRO 7-243 Jude 12. 2017 through June 18. 2017 121 7-244 Monday Tues day %Ve dne s daV Thursday Friday S aturdav Sundav 12I1+itdrnght-1 A.M. 0410 0010 21110 6% 910 119,6 12°/b IANI - 2AM (P/O 0010 2010 (P/O 8% 7% 4�o 2 AM - 3 ANI 0910 0% 2% 0% 8% —711/o 3% 3 AM -ANi 0910 1% 20% 5% P/0 7010 3% 4.AM - 3 Al 1 T% 1% 3% 5% 8% 7% 3% 5 A11.1- 6 A11 2% 40/c 7% SIYO 11% 8V0 3% 6AM - ? 4N'i 7% 8010 13% 15% 15% 11% 5% 7AM - SAXI 11% 150/6 16% 19'°Yc 18% 18010 W"O $A11i - 9AIVI 21% 23% 23% 28% 28% 2.6% 16°,1 9AiNI-10.-Ul l 27% 31% 33% 3910 37% 38910 22% 10AM - i LAM 33% 36010 39% 46% 44% 46010 284.0 11ANI- 12 Noon 360./0 41% 4291/0 50% 494/0 5$% 36% 12 Noon - 1PN'1 36% 45% 46010 55% 55% 61% 39°6 IPM - 2PNI 44010 4P4 4S /o 55% 58'/0 71% 45% 2PNi-3PM 41% 49% 51% 55% 51010 71% 48010 3PNI - 4PNi 45% 52% 52% 56% 52% 71% 45% 4PN4 - SPIN1 39010 63% 51% 540!'0 55% 64% 38% jPM - 6PI1'1 39% 81% 5€W 57% 55% 68% ay% Jry� 6 M- PM 32% 77 :4 49% W/V 60% ,O 79% JV7D 7PM - 8PI1'i 25% 67% 3910 48% 54% 7S% 2310 BPM - 9PNI 13% 5911/0 30% 41% 48% 710}6 2Y,6 9PIVI -14PM 14% 24°6 24010 29% 39% 63% 19% 14PIIFi -11PM 84/0 12% 16% 23% -71% 501% 15% 11PM -12.Ni 2910 5% 10°10 14010 19010 23% 6% 121 7-244 June 12, 2017 through lune 18, 2017 SON W% 70% saw - 56% - 40% 30% 20% 10% 0% +�' r '1 %per ?�P -IQK ,p,yT A� AO .y'yP� �a,�c R� 4H' .ZP� yY 7 -Munday -Tuesday -Wednesday-Thrsdav -Friday -Saturday -Sunday 122 7-245 June 19.201"7 through June 25. 21'011 I R3 7-246 �1-N, Tuesday Wednesday Thursday- Fd.day Saturday Sunda-- 12 Midt ight-I AM- D% 00/6 4% 5% 7% 9% 16% LAM-2AXI O% 0016 3% 00/0 7% 3% 14°`n 2 AM - 3 AM 0010 0016 3% 00110 6% 3% 10°ln 3AlM- phi 0% OIN 3% 4% 6% 3% 100% 4.+.'11- 5.4 LN I 0% l% 3% 5% 6% 3% 100/0 5 -AM - 6_ M 1% 1% 6% 8% 90/0 4010 100/0 6 -Alf - i 4:Ni 7% 100/0 100/0 15% 12 OA 8% 12% 7AM-SAM 100/0 1J*/m 144f6 1�r¢l{m 1?�8 14�6 ii�lm SAM - 9A1'1i 21% 24% 24% 25% 31% 20% 24% 9A3ef - IMOM 32% 31% 360ro 34% 42010 32% 33% IOAM-11 AM 35% 36010 40% 400% 49% 39% 41% 1IAM -12 Noon 36% 415/6 _43% 41% 30% 52% 59°/0 12. Noon - IPXf 37016 45% 4'9% 49% 53% 59% 630/f6 IPM - 2P�I 41% 45% -50% 52% 55% 63% 65% 2PM-3MI 42°/a 50010 62% 53% 58019 68% 72% VM - 4PM 440/6 52% HID% 6013x'6 71% 780,6 80010 4P.M - 5P -xi 43% 501/0 72% 61% 74% 87 0 94% 5PM - 6PM 44% 5010/0 7414 73% 81% 9(r{4 93% 6PM - 7PM 35% 55% 64% 77% 79610 $6010 891YO 7PM- 8PNI 2.6% 46% 580x0 61% 69% 7$¢/0 83% RPM - 9PM 190/0 37% 39% 46% 65% 73% 73% 9PM - IOPM 14% 280/4 22% 30% 77% 581% 65% IOPM- IIPM 9°/v 15% 17% 20% 340N 4(M 28% 1IPM - 12AM 3% Mo 7% 11% Iwo 240% 15% I R3 7-246 1001, 00% 60% 40% 20% 0% June 19, 2017 through June 25, 2017 :124 7-247 �,�` dj.'i�- -Monday -Tues y-Wednmday -TP"Sday-irlday -Sauraey —Sunday :124 7-247 June 2 6, 2017 through July 2, 2017 -1215 7-248 Monday_ r Tuesday We dne s day_ Thursday_ � Fridav 5 an3rday_ Sunday 12 ,Midtught-I AIM mr 21/0 5°lh 60/0 7% 1-11.6 13% LAM -2.A_N1 O-fO 1% 48/0 0110 7% 11%78/0 _ 2 -AAI - 3 Ali 08/0 10/0 4% 03/0 7% 90/0 7% jAI1'i - 4AM 0% 1% 40/6 5% 7 % 90/0 61/16 1 4 -AAI - 3 A -M 00/0 2% 5% 6% 7% 9%, 60/0 - 5 -AM - 6. M I% 6V0 9��& 10% 9% 711/6 6 -AM - ? Asvi 90/0 110/6 14% 14% 13% 14% 88/6 AM- SAM 13% 16% 1611fo 19% 17% 19% 13% 8_6/12 - 9_A.M 2(r/o 22% 23 % 280/0 26q,6 24% 1911/0 9_ IM-10_A1i 32% 30°/0 36'% 3�% 3S'�'6 3S% 27% 10_kM-ILAAM 35% 39010 41% 41% 441/16 48% 34%- — 11Ai-12Noon 38% 43% 45% 49No 47% 63% 46% 12 Noon - 1RXi 37% 490% 45% 49470 541 /0 66% 51% _ IPM-2P14I 44% 53% 46% 49% 580/0 711/1� 589/0 2PNI-33M 43% 51% 33% 5101x► 59% 69% 66% — 3P14i - 4Psvi 48°x`0 52% 56% 52% 65% 69% 1/28/0 4PIU- 5PNi 50% 52% 51% 52% 65% 63% 7901/`0 5Mi-6PM 51% 500/6 491/6 52% 7(r/G 58% 76% 6PI1m4 - 7Phi 44% 491/0 490/'0 54% 69% 600/6 67% 7PM-SPNI 38% 39% 43% 48% 58% 52% 65% SPM - 9PM 31% 294/o 34% 41% 5611/6 508/0 618 9PM - IOPM 25% 21% 26% 31% 500/0 428/0 55% IOPM- IIRM 15% 15% 170/0 22'% 401Ma 33% 43% IIPM- IMM 48/0 -7 1 W 118/6 26% 22% 190/0 -1215 7-248 9D% W% 70% W% 50% 40% 30% N% 10% 0% June 26, 2017 through July 2, 2017 114 .y0 ti� ��� ,Qtr ti A FT 1, Ile le FFA '1P� y 9 ygPeZ' y �ry l",F '1 'L '�i` y' 93 y St4'. -Moray -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday 120. 7-249 July 3: 201 ? through July 9, 2017 -123' 7-250 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 121 fidnight-1 A.M- 0% 4% 44/0 5% 7% 22410 31% IAM - 2A�Ti -1% 1% 4% 0% 6416 17% 22810 2 -AAI - 3 -ANI -1% 1% 3% 0% 6% 17% 21% 3AM-4AXI -1410 1% 3% 4'DA 6410 17% 21% 4AM-5_AM -1% 1% 3% 5% 7% 171% 21% 5Alvei-6AM 4010 1% 4% 84V'0 10616 1P/o 22% 6 -AM- 7AM 5% 5% 8% 158/6 15% 21% 23% 7_AM- UM 10% 13% 15% 164x6 24°14 26% 26% RAM - 9A.ML 140/6 23% 22% 25% 274/6 32% 34410 9A141- IO AM 26% 2%p/0 33% 358/6 42 Yo 47% 43x1`6 10AM-11AM 290/0 30% 37% 431/o 5210A 54% 54% IIAM-12 Noon 37% 344/0 39014 44% 69% 65% 70010 12 loon- IPM 44010 41% 43% 5wo 750% 79% 81% IPM - 2PM 42.0/6 42% 47% 55410 SO% 81% 84% 2PIVi3PN-f 45% 35% 499/6 56% 82% 81% 89% 3PM - 4PM 54010 33% 51% 578/1 90% 75% 94% 4PM- 5PM 53"/a 32% 51% ]5810 550/6 54990 1040/0 5PhI-6PM 52% 31% 44% 53% 9'90/6 91% 95% 6PM- 7PM 4r/O 29% 38810 49"✓o 99af6 93% 8711/o 7PM - 8PI4i 43% 26% 29% 42¢ 0 910,16 96% 30810 SPM - 9PM 39% 23% 23% 361% 8611% 829/6 73% 9PNI-1OPIVI 30°`6 20°16 Iwo 27% 804.0 740/6 67% 14PM- 1 1PML 19°l6 11% 15% 21% 47% 50% 37% 1IPM -12.AM 13% 5% 7% 11% 37% 41% 27% -123' 7-250 July 3, 2017 through July 9, 2017 uow ioex. at+sc tic 4D% W% 0% to eIle ~� ��" ro°� �e� y y o ti tial ti$ tidy —Monday —Tuesday —wedressay —Mrsdar—fjiday Saturday —Sumay '12g 7-251 July 10. 2017 hough July 16. 2017 -1 2J 7-252 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12 Midnight -1 A -Mi_ 0% 0010 211/0 3% 9% IM/0 19% I -AM - 2Axf 00/0 04/6 1% 01/0 8% 9°/6 10% 2 AM - 3 A -M 0% 04/9 10/6 010/6 7% $10/0 104/6 3 -AM - 4AA4 -1% 100 1°le 34/6 7% 8% 109/0 4_A.Nl - 5AM ONO 0% 1% 41010 7% P110 10% 5AM - 6AM 1% 4% 40/0 710/0 11% 96/6 100/6 6AM - 7 Ai 7% 94/4 9% 100/0 14% 12% IM 7AM - SAM 30/0 12% 12% 15% 19% 160A 16% VILM - 9.AM 15% 1810/0 22% 23% 25% 26% 23% 91141-10_AM 28% 25% 32#l0 34% 39% 390/0 31% _ 10AM - II A.M 33% 33% 36% 44% 42% 44% 43% 11AM-121Noon 37% 360/o 42% 37% 49% 61% 51% 12 Noon -1PL1 43% 370/6 d8810 61% 55% 74°tis 61% IPM - 2PM 42% 42% 36% 600/6 60°.{6 72% 66% 2PM-3MI 47% 43% 56% 61% 58101/6 800/6 7210/6 3PM - 4PM 50619 44416 590,/0 60°+'6 620/0 78°x6 71% 4PNI - 5P.i 43% 43% 51% 57% 600/iD 91% 7410/6 5Ph1- 6P141 43% 48x/6 53% 56% &r/a 103% 73% RM - 7PM 400/6 106/0 178/o 15% 19% 992/6 71% 7PM - $Ph1 28% 400/'6 47% 44% 55% 856/0 63% 8PM - 9P1V1 21% 32410 3 7810 40% 51% 540/6 56% 9PM-10PM 14% 19°/6 28810 340/6 47% 820/6 5210/o IOPM - I IPi41 100/6 13% 18% 25% 37% 5010/0 27% 11PM - 12.A., 20/0 641/9 9% 12% 27% 32% 14% -1 2J 7-252 July 10, 2017 through July 16, 2017 tiro �r s° eP`r � � I$ 4p a- ya'P� 1� ��r NO e e e�` _ e e e e , 'lop ti� des �r tial +y`r a �3 vP� ~� ti `s e �ry� " —Monday —Tuesday —Wednesday — PKusday —Frday —Saturday —Sunday -190 7-253 19-1 7-254 July 17_, 2017 through July 23, 2017 Mondav Tues days Wedne s day Thursday Fhday S aturd.av Sundae 12 Nfidnig*-1 A.I4i. 01% 3% 54i1; 7% 60/o lZ°'c 180'0 1 A�N4 - 2-AM -1% 2% 4% ()% wo 78/0 120A 2 ASM - 3 AM -1% 2% 4% 09% 6°/s 7% 11% 3 AM -4-AXI -1% 2% 4% 60% 6% 70/0 11% 4AM - 5_ M 0010 3% 5% )T% 61YO 7% 11% 5ANi - 6AM 2ID/0 5% 8% 90/9 814/0 7% 110% 6 M - ?_AXI 5% 11% 1211/6 14% 12110 11% 13% AT13 - 8Abi 9% 15% 1 S% 19010 16% 1616 17% SAM - 9AXI 18% 21% 25% 27% 27% 24% 23% 9AM -14AM 32"/a 33% 36Na 37% fro 4,P/o 31% 14AM-11AM 37% 3P 43% .44% 44% 490/6 38% 11AM -12 Noon +4Wo 45% 45% 49% 50% 62010 44% 12 Noon-IPM 41% 49% 47°0 55% 50% 67% 4S% 1PIM - 2Px1 44% 52% 50% 56% 54% 76% 510% 2PNL I-3PM 43% 53% 58% 61% 5P/0 79% 64% Spm - 4PINIi 490/0 54% 65% 67% 63% 828/0 590/0 RM- 5PM 45% 55% 630/0 70°!o 62% S1% 59010 5PM - 6PXI 486/0 50% 70¢/a 76010 64% 940/0 53% 6PI14 - 7PIvi 42% 488/0 65% 76% 63% 82% 47% 7PM- 3PNI 33% 37% 54% 65% 57% 90% 39% SPIlyi - 9PM 25% 31%410/0 53% 49% 71% 34% 9PNf - 10PIVI Mo 25% 29%6 37% 395/4 65% 348,'6 10PM - 11PI4i 15% 19% 224/0 27% 33% 43% 228,.6 1IPM -12ANI 11% 84Yo 11% 108ia 248/0 31% 1.4% 19-1 7-254 July 17, 2017 through July 23, 2017 i92 7-255 Eti96 — 70% cox 50% 443% 20% 90% AY`T e�" ie 1 e�� ti 1 •10% ti -" 3 _?Y� ,yq �p, �`Y a8c •+`� b4p �,}_s _ ,` tti4� is —Mandan —Tuesday ! Wednesday Thursday —Frtay �SatUrday —SUMUV i92 7-255 July 24, 2017 through July 30, 2017 X93 7-256 Monday Tuesday Wednesday Thursday Friday Saturday- Sunday 12.Midnight-1 Alf. 00/, 1% 1% 60% 390 11%, 111 a 1 ANl - 2_-LNi 0% 01YO 0° a 0% 3% 5% °to 2 AM - 3 AM 03/0 00/0 O% 0% 3% 3% 5% 3AM-4Ari 00/0 01Y0 00/0 5% 3% 3% 4% 4 M - 5 A 1% 1% 1°10 5% 3% 3% 4% 5AM - 6.+ M 1% 3% 3% 8010 5% 3% 44/0 6ANI - 7 A.ML 9010 811/0 8°lv 13% 9010 7% 68/6 7 AM - S. -UM 103Ea 12% 13% 16010 13% 13% 11% 8-W - 9AM 2D3/0 18% 220/0 27% 28% 23% 164/0 9rAm -10AM 31% 290/0 340,4 38% 40'0 35% 26% 10 -ALM -1IAM 34% 36% 410/'0 47% 44% 540/0 3700 11?.M-12Noon 35% 4O0/'o 47% 51% 480/v 71% 53% 12 Noon - IPM 389/o 421/lb -188/0 60° a 51% W% 59°1a 1PM - 2PM 42% 45% 49�✓0 65° 0 551%, 83% 590lo 2PM 3PM 460/6 47% 56% 6930 6001/6 91% 62°,b 3PM - 4PM 46% 47% 5911/0 73% 680% 77% 65% 4PM - 5Pi4i 42% 42% 390/'0 S3% 70% 680.10 65% 5PM - 6PM 43% 43% 56% 85% 72% 64% 59'% fiPNI - 7PM 41% 45% 53% 90% 661/0 64% 47% ?FM - SPM 321/6 37% 43% SO°f0 64% 63% 41% BPM - 9PM 23% 29% 31% 66% 593/6 560.0 340/'0 9PM - IOPIVI 161/0 21% 24010 54% 53% 46% 25% i0mf-11P1V1 100/0 12% 19010 28% 1100/0 32010 188/0 11PM -12AM 7% 4% 9% 12% 221/6 221/16 9% X93 7-256 sax cox aa% iax ax July 24, 2017 through July 30, 2017 tiw'r e e .� 41 S P� _MOAday—TueWay—Wcdree gay —Thursday —Friday—5arurday —Sunday :L 9 4 7-257 JI, 1�T ;1. -101-7 to A u 2 u s t 6. 201 1-'S 7-258 .Monday Tue.sdav We.dnesdav Thursday Friday Saturday Sunday 121Xfidni t-1 A -M. 0% 4% 4% 7a,o 10l/a 18% 21°'0 1 Alf - Al'f 0% 4116 41/lo 00/6 100/6 12% 15% 2 AM - 3 ANI 006 31�0 41% 0°•a IOON 11% 14°16 3 ANM - 4 -A -M 0°/'0 3% 4¢/o 7% 14lk,6 11% 14°•0 4_' IM - 5A.N1 1% 3% 4% �°�16 10¢116 11% 140,16 SAN -1- 6_A-il 2% 6% 61% 91% 11% 11% 140 o 6.JLlrf -A_lI 6% Vrl.'6 10% 15% 15% 160/0 16% 7 NXI - SAM 1007 a 15° 6 16% 21yp% 200/6 21afo 2D°16 SAM - 9.A -M l�7,. 24°10 23% J3001Q 290/0 29"/o 2411y b p Yo 1OAM - l I -AAM 34% 44Vo 43% 49 '0 44% 640/0 44% IIANI-12Noon 36% 47% 46% 47% 5 Tlo 91% 57% 12 Noon- IPM 41% 46% 45% 50% 55% 105% 63% IFM - 2PINI 44% 53% 53% 57% 62 Vo 103% 651/6 2PNI-3PM 50010 54% i s% 60% 64% 104% 73% 3P11•I - 4PIM 51% 56% 60% 66% 72% 104° a 80% 4PNI - 5PIM 49% 540.16 590/0 70% 694/o 79% SS°o 5Pl1 - 6PIM 490-6 51.0116 591% 76% 65% 93% 83% 6p,.\.rf - ?P.M 39q,b -54% 55% 79�'0 661/o 440/0 72% 3Pl'I 30% 40Sf0 4070 63 q.'6 371N W/o 64% SPIV - 9P.N'I 36 2S0'0 31% 59°116 53% 83% 590% 9PN'I - IOPM 19100 22S o 28% 4906 51% 8l% 35% 10P11rf - I IPNM Woo 16% 2.0°/0 35% 44% 52% 30°/0 11PM -12ANI 70'6 7% 11% 23% 30% W/o 21 ° 0 1-'S 7-258 Ito% 100% W% ccr� za% o% S 1 July 31, 2017 to August 6, 2017 ee IVIII� $1 a�`A do ti'4`, ,V&I 'e 6e -Monday -Tuesday - Wednesday -Thursday -Friday -Saturday -Sunday 190. 7-259 August 7, 2017 to August 13, 2017 19Y 7-260 Monday j Tuesday WiAiirsWay Thursday Friday Saturday Su3iday 12 Midnight -I A.M. 1% 1% 4°% 8% 11% 22% 23% IAM -2AM 0°% 1% 4% 0% 10% 15% 16% 2 AM - 3 AM O% 1% 4% O% 10% 13°/a 15% 3AM - 4AM 0a/o 1% 4% 7% 10% 13% 15% 4AM-5AM 1% 2% 4% 7% 10% 13% 16°% 5AM - 6AM 2°% 3% 6% 9% 14% 14% 160/0 6AM - 7AM 7% 10% 10°% 14% 18% 19% 17% 7AM - 8AM 10% I5% 14°% 19% 23% 25% 23% 8AM - 9AM 18% 22% 22% 31% 32°% 30% 28°% 9AM- IOAM 31% 31% 34% 38%n 41% 43% 35% 10AM - I IAM 33% 37% 41% 48% 49% 59% 43°% 1 IAM - 12 Noon 40"/o 42% 46% 47% 58% 74°/a 52%i 12 Noon - 11'M 40% 44°% 53°% 53°/a 61% 78% 54o/n I PM - 2PM 440/9 46% 54% 56% 68°% 82% 58% 2PM-3PM 52% 52% 55% 58°/n 67% 84% 61% 3PM - 4PM 55% 52% 56% 61% 70"% 870/0 65% 4PM - 5PM 53% 47% 55% 61 a% 75% 90% 63% 5PM • 611M 44% 44% 55% 61% 84% 102% 64% 6PM - 7PM 35% 49% 51% 61% 86% 97% 55% 7PM - 8PM 22% 41% 43% 55% 81°% 91% 52% BPM - 9PM 18% 29% 33oh 49% 76°% 890/0 49% 9P1+1 - 10PM 14% 71% 26°% 36% 70"% 84% 4 W1 I OPM - I IPM 12% 16% 210/a 270/a 53% 49% 33% 11 PM • 12AM 6% 7% 10% 19°% 32°% 360/ 21% 19Y 7-260 12x% 1009E 80% 6494 40% 209E nsa August 7, 2017 to August 13, 2017 N � 'Per �Pe� ���' hPeI�P¢� �P�` �Pe�` � ` ry°Q �"S�` °afi 1Qe� �Q �Re�' �4;, `'Qe�' �4e�` �4e�' �4e�' °'Qe�' �pRe�' ��Q�' �Psr �P4P yPe� 0 �PP $P qPM tiOP P� yL ��ooC �Rer ti4� �RCr pqe�` �Rer 6Re� 1RS�` Ret` �Qs1 �OR� �yRth ti� y's ti -Monday -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday -19 g 7-261 Friday Saturday August 14, 2417 to August 20, 2017 9°% Msmdny Tucs,day Wcdncsday Thursday 12 Midnight -1 A.M. 1% 3"% 6% 8% ]AM-2AM 0a/0 2% 60/0 W/o 2 AM -3 AM 1% 2% 6% Un/v IAM - 4AM 1% 2% 60% 7°/a 4AM-5AM I% 3% 60/0 7°/0 5AM-6AM 2% 5% 8% 100/0 6AM - 7AM 8% 12% 15% 16% 7AM - 8AM 12% 16% 19% 21% RAM - 9AM 20% 24% 29% 30°/0 9AM - IOAM 32% 32% 4W/0 45% LOAM - I IAM 36°% 41% 43% 57% l IAM - 12 Noon 37% 47% 50"/0 59% 12 Noom- IPM 42°% 48% 55% 590/0 I PM - 2AM 44% 48% 60% 57% 2AM-3PM 47% 51% 57% ()I% 3PM-4PM 460% 50% 65% 63% 4PM -5PM 44°% 48% 67% 64% 5PM . 6PM 41% 45% 72% 60% 6PM - 7PM 32% 45% 70% 57% 7PM - 8PM 24% 38% 53% 52% 8PM -9PM 19% 32% 40% 44% 9PM - IOPM 14% 74% 28% 33% IOPM- I IPM I1°% is% 21% 26°/a 1 IPM • 12AM 4% 13% 11% 14% Friday Saturday Sunday 9°% 27% 27% 90/n 17% 20% 9% 16% 2U°/v 9% 16% 20°/a 9% 15% 2W/a 11% 16% 200/0 15% 19% 22% 20% 25% 28% 29% 38% 33% 41% 49% 40% 48% 62% 50% 57% 69% 6(P/v 68% 80% 62% 77% R3% 67% 75% 8 R 72% 84°% 93% 74% 88% 109% 73% 87°% 109% 620A 83% 101% 55°% 75% 92% 51% 68°% 89% 45% 54% 6L% 32% 38% 430/ 21% -1q9 7-262 120% to^ 60% 90% 2041 076 August 14, 2017 to August 20, 2017 1v," P'Ye ^e� Pl he e �p.hqp 4'0 *,4 .�'V -Monday -Tuesday -Wednesday -ihursday -Friday �Saiurday -Sunday 200 7_263 August 21, 2017 - August 27-2017 201 7-264 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12 Midnight -I A.M. 1^% 3% 5% 60% 10°% 16"% 22% ]AM -2AM 1% 3% 5% 0% 10% 10% 22°% 2 AM - 3 AM 1% 4% 5% 0% 10% 11% 22% IAM - 4AM 1% 4% 5% 6% 10% 11% 22% 4AM-SAM 1°% 4% 5% 6% 10'% 11°% 21°% 5AiM - 6AM 3% 6% 7% 8% 13% 11% 22% GAM - 7AM 8°% 12°% 11% 13°% I7% I6%0 24% 7AM - 8AM 13% 16% 16% 20% 21% 23% 29% SAM - 9AM 17% 24% 27% 29% 29% 30% 36% 9AM - I OAM 28% 32% 38% 38% 40% 37% 45% I DAM - I IAM 32°% 39% 44°% 47% 440% 40% 55% 1 ] AM - 12 Noon 37% 42%n 47°% 51% 49% 52% 57% 12 Noon - P.M 44°% 42°% 51°% 550% 56°% 60% 69°% 1 PM - 2PIM 44% 52% 63% 56% 59% 64% 72% 2AM-3PM 47% 51% 67% 58°% 60°% 71% 73% 3PM - 4PM 48% 52% 650% 66°% 64% 720% 70% 4PM - 5PM 43°% 48°% 61°% 68% 65% 780/ 87% 5YM - 6PM 45% 48%a 67% 73% 63% 88% 87% 6PM - 7PM 40% 52% fib% 71% 64% 88°% 81% 7PM - 8PM 33% 42% 55°% 65% 58% 79%v 73% 8PM - 9PM 28% 36% 41% 59°% 56% 72°% 63% 9PM - 10PM 210% 24% 29% 50"% 52% 68% 57% 10PM- IIPIN 15% 16%o 24°% 31% 44% 36% 39% 11 PM • 12AM 6°% 6% 10% 17°% 29% 26% 28% 201 7-264 August 21, 2017 - August 27-2017 100% 90% ti@ 1� �qCg` AQ4� �g1` 6P� ^etr Mcg' gQ� yoQt�' titiP� �o4r ,�q� ryRcC 'Rte pR�` its � �R� PoR� 9Rt�` .yOQt�' ,y'yRt�' 4'LP' d 1P�• �Ptr SPS. �QP`S P� ryc+Stie.yR pR 1�q`r: al ,. IIRIII 114". ti� 1y 1 1 -Monday -Tuesday -Wednesday -Thursday -Friday -Saturday Sunday 202 7-265 August 28, 2017 to September 3, 2017 203 7-266 Monday Tuesday Wcdnesday Thursday Friday Saturday Sunday 12 Midnight -I A,M- -2% 1% 3% 4°/o 2% 14% 2I% I AM - 2AM -2o/u 10/0 3%u 00/0 2% 8% 10% 2 AM - 3 AM -2% 0% 2% 0% 2% 7% 10% 3AM -4AM -2% 00/0 2% 4% 2% 7% 10% 4AM - 5AM -2% 0% 3% 5% 2% 7% 10% 5AM - 6AM 0% 3% 5% 7% 4% 8% 10% 6AM - 7AM 5% 9% 10% 11% 7% 12% 11% TAM - SAM 9% 12% 16%n 16% 12% 20% 17% 9AM-9AM 15% 17% 23% 29% 21% 29% 21% 9AM - 10AM 26% 25% 36% 37% 34% 39% 30% IOAM- I IAM 31% 36% 39% 48% 41% 47% 42% 11 AM - 12 Noon 33% 43%n 45%u 53% 43% 59%u 56%e 12 Noon - I PM 35% 46% 45% 5404 50% 67% 64% 1 PM - 2PM 36% 49% 49% 560/9 56°/0 69% 70% 2PM-3PW1 40% 53% 52% 60% 56% 76% 72% 3PM-41'%1 45% 54% 34% 65% 60°/0 79% 71% 4PM - 5PNI 41% 54% 55% 66% 62%u 82% 69% 5PM-6AM 45% 49% 54% 73% ff6/o 92% 72% 6PM - 7PM 37% 50°% 50% 87% 62% 88°x6 72% 7PM - SPM 25% 42% 37% 78% 560/0 76%o 69% SPM - 9PM 18%v 37% 33% 67% 55% 69% 60%n 9PM- IOPM 13% 27"% 26% 62% 51% 60% 55% WPM- IIPM 9% 17% 17% 54% 38% 49% 38% l IPM • 12AM 2% 6% 7% 49% 25% 33% 27% 203 7-266 August 28, 2017 to September 3, 2017 100% y� ' ryP4, ' J, tQ, yY� 04 �P� �P� �� yoP� ytiP� �oo� yQ� �.s �4� �R� h44 �Qer �Q� �Q q�� yqllz� Ile y�P� o��� �P �Pt1 4",�P4 1P $� �P� yo�� der yt'°mac ��� �� �e °q' `'q I'Z 'qq `6Z �R� yoR yyQ"r "ADS y1 y 1 -Monday -Tuesday -----Wednesday Thursday -Friday -Saturday -Sunday 204 7-267 September 11, 2014 to September 17, 2017 205 7.268 Monday Tuusday Wudncsday Thursday Friday Saturday Sunday 12 Midnight -I A,M_ 0% 10% 13% 18% 23% 30% 32% IAM - 2AM 0°% 10% 1.3% 0"% 22% 27% 28% 2 AM • 3 AM 0% 10% 16% 0% 22% 26% 28% 3AM - 4AM 0% 10% 16% 17% 22% 26% 28% 4AM -SAM "0 10% 16% 18% 23% 2616% 28% 5AM - 6AM 1% 13% 19% 20% 24% 27% 28%n 6AM - 7AM 3% 17% 22% 27% 29% 32% 29% TAM - SAM 3% 21% 27% 30% 35% 39% 33%u RAM - 9AM 3% 33% 36% 40% 45°% 42% 37% 9ANl - 10.AM 3% 45% 50% 50% 59% 58% 44% I OAM - I IAM 3% 52% 53% 60% 66% 69% 63% 11 AM - 12 Noon 3°% 53% 60% 62%n 88% 80% 80%u 12 Noon - IPM 3% 57% 666/0 69% 92% 94°% 84%v I PM - 2PM 30% 58% 66% 74% 96% 96% 87% 2PM-3PM 3°% 61°% 69% 83% 95°% 103% 87%0 3PM - 4PM 3% 61% 70°X, 8S% 104% 100% 83% 4PM - 5PM 3% 57% 67% 86% 99°% 93% 76% 5PM • 6PM 3% 54% 671/0 83% 104% 96% 68% 5PM - 7PM 5% 48°% 62%6 80% 94% 98% 636/0 7PM -RPM 8% 39% 52°% 65% 89% 87% 56% 8PM - 9PM 90/0 34% 43% 52% 84% 81% 50% 9PM Mpm 9°/0 29% 37% 42% 80% 73% 44% IOPM - I IPM 9% 24% 32% 36% 70% 56% 32% 11 PM - 12AM 9% 14% 21% 26°% 45% 45% 25°% 205 7.268 120% an% sa% 40% 20% 0% September 11, 2014 to September 17, 2017 'P °r 3- ti � 'yp � �v 'IPS yry 1Q� ��� '�Q� aQ� hR� �4� �Q� �4� .yP� hPeg hp� 4• �p� yaQ� t@: ,y��� y o�� ,yq4� yyQ� ry�a�.� y y -Monday -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday 200 7-269 20Y 7-270 September 18, 2017 to September 24, 2017 Monday Tucsday Wednesday Thursday Friday Saturday Sunday 12 Midnight -I A. M, 0% 2°% 5% 8% 10% 16% 19% IAM - 2 AM 0% 2°% 5% 00/0 10% 12% 15% 2 AM -3 AM 0% 2% 5% 0% 10% 11% 15% 3AM - 4AM 0% 2°% 5°/a 8% 10°% 11% 15% 4AM - SAM 0% 3% 5% 8°% 10%u 11% 15% 5AM -6AM 2% 5°% 7% 10% 13% 12% 15% 6AM - 7AM 7% 11% 12% 15% 17%a 17% 16% 7AM - SAM 9°/a 17% 19% 20% 23% 240/u 21% SAM -9AM 19% 29% 29% 300/. 32% 31% 24% 9AIM - IOAM 36% 35% 424/n 43% 44% 42% 33% LOAM - 11AM 39% 41% 46% 50% 45% 59% 42% 1 ] AM - 12 Noon 39% 54/0 51% 56% 48% 70% 50% 12 Noon - IPM 38% 56% 53% 60% 50% 76% 55% IPM - 2PM 44% 57% 5R% 60% 69% 75%a 59% 2PM-3PM 45% 55% 57% 55% 66°/a 79% 66°% 3PM - 4PM 47% 57°% 67°% 63% 64% 83% 66% 4PM - 5PM 44% 49% 75% 60% 67% 84% 66% 5PM-6PM 46/9 44% 81% 58% 661/0 102% 58% 6PM - 7PM 39% 41% 70°% 52% 62°% 99% 51% 7PM - 8PM 2SO/o 30% 53% 5(r/o 57% 91% 45% 8PM - 9PM 25% 22°% 35% 43% 54°% 88°/n 33% 9PM - IOPM 17% 16°/u 24% 31% 45% 83% 29% IOPM - 11 PM 7% 12% 18% 20% 37% 48% 23% 11 PM • 12AM 3% 5% 9°/n 11°% 29% 31% 16% 20Y 7-270 120% 100% sols 60% 40% 20% 0% September 18, 2017 to September 24, 2017 �Acr ti� yti ti y Monday -Tuesday -Wednesday -Thursday -Friday -Saturday -Sunday 202 7-271 209 7-272 September 25, 2017 to October 1, 2017 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 17 Midnight-[ A.M. 00/0 1% 5% 6% 1710 17% 23% 1AM-2AM 0% 1% 4% 00/0 9% 13u/o 21% 2AM-3 AM 0% I% 4% 0% 9% 13% 18% 3AM - 4AM 0% 1 % 4% 6% 9% 13% 1 S% 4A LM SAM 1% 1% 5% t?0/0 100/0 13% 18% 5AM - 6AM 2% 3% 6% 8% 12°/0 13% 18% GAM 7AM 8% 7% 11% 14% 15% 16% 20% 7AM - 8AM 10% 12% 16% 17% 14"/0 26% 24x/0 8AM - 9AM 23% 24% 26% 25% 27% 32% 27% 9AM- 10AM 35% 31% 39% 36% 37% 46% 30% IOAM - I IAM 34% 39% 47% 48% 42% 58% 40% 11 AM - 12 Noon 360/0 44% 54% 53% 53% 67% 48% 12 Noon- IPM 38% 44% 59% 53% 540/0 71% 56x/0 1 PM - 2PM 42% 4R% 55% 55% 57% 72°x6 60% 2PM-3PM 440/n 46% 51% 56% 61% 73% 65% 3PM -4PM 46% 50% 55% 60"/o 70% V% 72% 4PM - 5PM 40% 490/4 48% 55% 78% 86% 77% SPM 6PM 43% 45% 48% 47% 81% 97% $0% 6PM - 7PM 34% 41% 40% 39% 79% 101% 77% 7PM - 81'M 27% 32% 30% 32% 72% 97% 72% SPM - 9PM 22% 25% 25% 25% 71% 940A 69% 9PM - I OPM 16% 20% 20% 24x/0 67% 89% 53% IOPM - 11PM 11% 15% 13% 21% 48% 62% 27% l lPM - 12AM l% So/ 6% 13% 300/0 39% 17% 209 7-272 120% 100% 80% 60% 40% 20% 0% September 25, 2017 to October 1, 2017 yP .yP ,aP �P hP P 1P �P gP yaP �.yP �o � �� �'� AQ �� �° �� �e °4 �a4 �yQ �.yP 33� NP hP �P� �P �P°'�PP�Qti4 ti.��� NQS Monday Tuesday Wednesday `Thursday Friday Saturday `Sunday 2:L0 7-273 October 2, 2017 to October 8, 2017 2:Ll 7-274 Monday Tucsday Wcdneu3ay Thursday friday Saturday Sunday 12 Midnight -1 A.M. 0% 3% 5% 5% 8% 19% 21% IAM - 2AM 00/0 2% 5% 0% 80/0 14% 13% 2 AM - 3 AM 0% 2% 5% i]% 8% 13% 13% 3AM - 4AM 00/0 2% 5°/0 5% 8% 13% 13% 4AM - 5.4M 0% 3% 5% 60/0 90/0 13% I3% 5AM - 6AM 3% 5% 7% 7% 11% 13% 13% 6AM - 7AM 7% 8% 10% 13% 13% 18% 14% 7AM - SAM 12% I4% 13% 20% 21% 27% 21% SAM - 9AM 19% 24% 24% 34% 31% 340/. 276! 9AM - I0AM 28% 32% 35% 42% 43% 46% 33% IOAM - € IAM 31% 37% 40% 47% "% 70% 42% 1 IAM - 12 Noon 34% 42% 43% 46% 53% 86% 49% 12 ~loan - IPM 361% 44% 47% 50% 55% 89% 54% IPM - 2PM 39% 43% 47% 54% 57% 900/9 59% 2PM-3PM 38% 48% 48% 55% 590/0 91% 68% 3PM - 4PM 42% 53% 51% 55% 63% 88% 68% 4PM - 3PM 45% 48% 47% 53% 64% 800/u 69% 5PM - 6PM 54% 47% 51% 55% 70% 93% 61% 6PM - 7PM 43% 41% 43% 49% 72% 900/0 51% 7PM - RPM 33% 34% 36% 35% 660/0 83% 44/0 SPM - 9PM 260/n 24% 26% 29% 61% 78% 340/a 9PM - lOPM 22% I9% 20% 23% 55% 72% 32% 10PM - i IPM 10% 12% 15% 20% 44% 45% 24% 11 PM- 12AM 3% 5% 7% 11% 31% 33% 15% 2:Ll 7-274 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% October 2, 2017 to October 8, 2017 212 7-275 C� ,LQ�$' ,�Qel` �Q ,1Qer lyPSr. ti4 �4�` �Q� �Qt'q` y�C1' �Qeg` �q[�' 'ots $Q43' �Qei ya4tY �Qt� y�ggi ��PtT` g�tr �o4es der ti� ti ti -Monday Tuesday -Wednesday Thursday - Friday -5aturday Sunday 212 7-275 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting 7-276 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 ■ Commercial District at Newport Boulevard and Via Lido Renovation and Re -occupancy Nearing Completion ■ Use Permit UP201.4-01.4, Authorized Parking Reduction offsite Parking Parking Management Plan Established limits on Uses Established Occupancy Buildout Scenarios 2011912017 Community Development Department- Planning Division z 7-277 Planning Commission - October 19. 2017 Item No- 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkirla Maneoement Plan Amendment tPA2017.1351 Confide ntial Merehand is i n g. Pla n NF.'R Pl7RT 73,t Y' i .. . - - - r--aurwv�oap arr i rays ,vg - xw L OPOR t o-ry uln., Ilnil.liry. ....:\ i r - � •^- sy.c.rmw -. ,y I41M1� ,p p J WRtiarlxrll - 14ihc N•�•r•vl -f �+ '•�Siu ltd irtsRr - r f� Ikal1 fir. �. ',xnw RUAL e6}9 7alaliOM'0111L 't� t'i • it �� " � _ 4 R1\ffirNKNfT' a},QI]Y ,4y, C%.CoA k'.— i l .� OFF'M ATn ux•Wyr ICE nntil TN. 1'.awa1 �. ,�g 1ix 14r P' 3q b $crena ar Elly s STREET PNRl76 61 M qu - eoar� '�: -amlwurumo .. VA Es"Em REfi 0 F43T� [] wow l� TPAT-W FU mixRenRows LEASING PLAN GROUND LEVEL 3 7-278 YW ti %, LIDO MAPINA :.AP1i111 PRxrpefes. krac Tnr �b.xaq.digy�uunt m.l rhiw.wlr gpwua�cuoWm.iwxxm..yuw.o uia,�ryr.w.i d.irw llr.n A..ia.. .w.e..�ru.nw �TrrWwa i4r �,.w�.N �r�.al.l.6..n +W wiIF.�Lw n.a,.. V I L L A G E DATE•1ry19117 - � 4T,.e,..,wiq.c•ne•,wane. 2011912017 Community Development Department- Planning Division 3 7-278 o wrq + ME"ORT B•+I rt rt rt R R RR �� Rll1e` AWN"rMw awe accrrtMM [=w =T � Irxntimlar n�rie w srta . t�3nvxourrr onef~ 1 u &e 11 !#wti:pn as le .tom}{• � : w Tr. 1941 V � n •� 2892 IF 1019[2017 Planning Commission - October 19, 2017 Item No- 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 raaerr � f Ta:•i �G ocr SII r..XWw� ••aolr aorto Y � S � / PRpP0.4E� / GRM B LDM AREA GNOVND LEVEL �llC •r T GROSS GR08BUiLDING AREA �" 11+'•�w' i�rli G(iiJyy��ON LEVEL talon nrevur �e7uL.l �c i iti� r si r� PROPOSED CONQiTlON X22 L DUW 4SM ES ce •—f. ewxeMu. a •� �o� L'a.•rrgM Ilr Community Development Department- Planning Division 4 7-279 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 8 9 Parking/circulation issues arose Parking on Lido Village/FinleyTract Street Minor Congestion on Via Oporto ■ Off-site parking at Hoag Health Center loo spaces with shuttle for employee parking Result, full occupancy authorized 2011912017 Community Development Department- Planning Division 5 7-280 8 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 9 Pilot Program Implemented March 2017 Reinforced valet plan Allowed shared parking at 370o Newport Blvd. Free employee parking in structure Shuttle discontinued temporarily 2011912017 Community Development Department- Planning Division 6 7-281 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 ■ Use Permit UP201-7-01-9 (PA201.7-135) No Intensification of Use Incorporates Pilot Program to PMP Shared parking at 370o Newport Blvd Free employee parking in structure Requires shuttle operation Fridays, Saturdays and when necessary Allows Future Adjustment to PMP by Staff Monitoring Continues 2011912017 Community Development Department- Planning Division 7 7-282 LI For more information contact: James Campbell, Principal Planner 949-644-3210 ica m pbell Qnewportbeachca.gov www, newportbeachca. gov 11 Makana Nova, Associate Planner 949-644-3249 mnova. newprtbeachca.aav www. newportbeachca.go� Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting 7-284 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 ■ Commercial District at Newport Boulevard and Via Lido Renovation and Re -occupancy Nearing Completion ■ Use Permit UP201.4-01.4, Authorized Parking Reduction offsite Parking Parking Management Plan Established limits on Uses Established Occupancy Buildout Scenarios 2011912017 Community Development Department- Planning Division z 7-285 Planning Commission - October 19. 2017 Item No- 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkir4 Maneoement Plan Amendment tPA2017.1351 Confide ntial Merehand is i n g. Pla n NF.'R Pl7RT 73,t Y' i .. . - - - r--aurwv�oap arr i OPOR t o-ry v I41M1� ,p p J WRtiarlxrll - 14ihc N•,•P•vl -f �+ '•�Siu ltd irtsRr - r f� Ikal1 fir. �. ',xnw RUAL lIE > 7alaliOM'0111L 't� t'i • it �� " � _ 4 R1\ffirNKNfT' a},QI]Y ,4y, C%.CoA k'.— i l .� OFFyyi ATn ux•Wyr ICE nnti1 TN. 1'.awa1 +�. ,�g 1ix 14r P' 3q b $crena ar Elly s STREET PNRl76 61 M qu - eoar� '�: -amlwurumo .. VA Es"Em REfi 0 F43T� [] wow l� TPAT-W FU mixRenRows LEASING PLAN GROUND LEVEL 3 7-286 YW ti %, LIDO MAPINA :.AP1i111 PRxrpefes. krac Tnr �b.xaq.digy�uunt m.l rhiw.wlr gpwua�cuoWm.iwxxm..yuw.o uia,�ryr.w.i d.irw llr.n A..ia.. .w.e..�ru.nw �TrrWwa i4r �,.w�.N �r�.al.l.6..n +W wiIF.�Lw n.a,.. V I L L A G E DATE•1ry19117 - i 4T,.i,,..,wia•c�.+�•,e,.ne.iewxae 2011912017 Community Development Department- Planning Division 3 7-286 o wrq + ME"ORT B•+I rt rt rt R R RR �� Rll1e` AWN"rMw awe accrrtMM [=w =T � Irxntimlar n�rie w srta . t�3nvxourrr onef~ 1 u &e 11 !#wti:pn as le .tom}{• � : w Tr. 1941 V � n •� 2892 IF 2011912017 Planning Commission - October 19, 2017 Item No- 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 raaerr � f Ta:•i �G ocr SII r..XWw� ••aolr aorto Y � S � / PRpP0.4E� / GRM B LDM AREA GNOVND LEVEL �llC •r T GROSS GR08BUiLDING AREA �" 11+'•�w' i�rli G(iiJyy��ON LEVEL talon nrevur �e7uL.l �c i iti� r si r� PROPOSED CONQiTlON X22 L DUW 4SM ES ce •—f. ewxeMu. a •� �o� L'a.•rrgM Ilr Community Development Department- Planning Division 4 7-287 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 8 9 Parking/circulation issues arose Parking on Lido Village/FinleyTract Street Minor Congestion on Via Oporto ■ Off-site parking at Hoag Health Center loo spaces with shuttle for employee parking Result, full occupancy authorized 2011912017 Community Development Department- Planning Division 5 7-288 8 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 9 Pilot Program Implemented March 2017 Reinforced valet plan Allowed shared parking at 370o Newport Blvd. Free employee parking in structure Shuttle discontinued temporarily 2011912017 Community Development Department- Planning Division 6 7-289 Planning Commission - October 19, 2017 Item No. 3a Additional Materials Presented at Meeting Lido Marina Vlllaae Parkin Maneoement Plan Amendment tPA2017.1351 ■ Use Permit UP201-7-01-9 (PA201.7-135) No Intensification of Use Incorporates Pilot Program to PMP Shared parking at 370o Newport Blvd Free employee parking in structure Requires shuttle operation Fridays, Saturdays and when necessary Allows Future Adjustment to PMP by Staff Monitoring Continues 2011912017 Community Development Department- Planning Division 7 7-290 LI For more information contact: James Campbell, Principal Planner 949-644-3210 ica m pbell Qnewportbeachca.gov www, newportbeachca. gov 11 Makana Nova, Associate Planner 949-644-3249 mnova. newprtbeachca.aav www. newportbeachca.go� Attachment E Resolution Upholding the Appeal and Denying Conditional Use Permit No. UP2017-019 7-292 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING AN APPEAL FILED BY ELECTRA CRUISES INC. AND DENYING CONDITIONAL USE PERMIT NO. UP2017-019 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE (PA2017-135) WHEREAS, DJM Capital Partners, Inc. manages and operates a retail shopping center called Lido Marina Village (LMV) located at 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) (collectively, Properties), WHEREAS, the Properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907; WHEREAS, LMV operates pursuant to Conditional Use Permit (CUP) No. UP2014-014 (PA2014-002) approved by the Planning Commission on December 18, 2014; WHEREAS, CUP No. UP2014-014 is subject to a Parking Management Plan (PMP) and authorized a specific mix of uses and a parking space reduction pursuant to Newport Beach Municipal Code (NBMC) Section 20.40.110, and off-site parking pursuant NBMC Section 20.40.100; WHEREAS, on November 17, 2016, the Planning Commission authorized off-site parking for LMV employees at 540 Superior Avenue (Hoag Health Center) with a shuttle; WHEREAS, DJM Capital Partners, Inc. (Applicant) filed an application requesting modifications to the parking management plan, off-site parking and shuttle plan as authorized by CUP No. UP2014-014; WHEREAS, the requested changes include the modification of the off-site parking shuttle, relocation of employee parking to the fourth and fifth level of the parking structure, parking pricing adjustments, valet plan changes, and the addition of valet parking for LMV customers at an additional off-site location at 3700 Newport Boulevard after 7:00 p.m., daily; WHEREAS, the Properties are located within the MU -W2 (Mixed -Use Water Related) Zoning District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water Related), and within the coastal zone and the Coastal Land Use Plan category is MU -W (Mixed - Use Water Related); WHEREAS, a public hearing was held on October 19, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. At the conclusion of the hearing, the Planning Commission voted 6-0, one absent, to adopt Planning Commission Resolution No. 2068 approving CUP No. UP2017-019; 7-293 City Council Resolution No. 2018 - Page 2 of 3 WHEREAS, on October 25, 2017, Electra Cruises Inc., a tenant within LMV, filed an appeal of the Planning Commission's approval of CUP No. UP2017-019; and WHEREAS, a public hearing was held on January 9, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider Electra Cruises Inc.'s appeal. A notice of time, place and purpose of the hearing was provided in accordance with the NBMC. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby upholds the appeal and denies CUP No. UP2017-019 (PA2017-135) based upon the following: The proposed conditional use permit to modify the existing parking management program is inconsistent with the legislative intent of Title 20 of the NBMC to ensure that development and uses provide adequate and convenient parking consistent with Chapter 20.40 of the Zoning Code. 2. The design, location, size, and operating characteristics of the proposed use considering the requested off-site parking and parking management plan are not compatible with the allowed uses in the vicinity because the changes do not manage required parking in a way that avoids impacts to public parking in the area as evidenced by employees and patrons of Lido Marina Village that are parking in nearby commercial and residential areas to their detriment. The existing parking management plan is sufficient to manage the parking to avoid this detriment. 3. The site is not physically suitable in terms of design, location, shape, size, operating characteristics. The property does not provide sufficient on-site parking to accommodate the proposed use based upon the requirements of Chapter 20.40 of the Zoning Code. 4. The subject property is consistent in orientation, size and shape with typical lots in this neighborhood which are designed with commercial and mixed-use development. Parking is already deficient in Lido Marina Village and parking waivers have been granted for the existing food service establishments. The proposed parking management modifications at the location proposed would be detrimental to the harmonious and orderly growth of the City. Section 2: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity 7-294 City Council Resolution No. 2018-_ Page 3 of 3 or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2018. Duffy Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY A EY'S OFFICE 1 Aaron C. Harp City Attorney 7-295 Attachment F Supplemental Appeal Information 7-296 Memorandum and Evidentiary Support for Appeal of Resolution #2068- Item #3 Amendment to the Parking Management Plan for Lido Marina Village Previously Authorized by Use Permit #UP2014-014 (PA2014-002). Steven A. Silverstein, Bar No. 64610 Mark W. Huston, Bar No. 119872 Robert I. Cohen, Bar No. 168686 SILVERSTEIN & HUSTON 701 South Parker Street, Suite 5500 Orange, California 92868 Tel: (714) 547-2511 Fax: (714) 547-0230 silver-stein@silversteinhuston.com Our office is legal counsel for Electra Cruises, Inc., the appellant appealing the application by applicant Becky Sullivan, representing DJM Captial Partners, Inc. in relation to the above resolution #2068, Item #3, with a date of decision of October 19, 2017. Electra Cruises has been a tenant in the Lido Marina Village consistently for in excess of 30 years. As is evidenced by the planning commission staff report in support of resolution #2068, Item #3, Electra Cruises has 5 vessels that, on any given day or night, operate out of the Lido Marina Village Harbor. The vessels names are Electra, Athena, Newport Princess, Destiny, and Eternity. See planning commission staff report, pages 89 through 112. While Electra Cruises did not authorize DJM to put in a public document their private business operations, having done so, there are significant data to be derived from these forms. For instance, on page 89, on May 26, there were charters between the hours of 6:00p.m. and 10:00p.m. of 169 guests. On May 27, the guests totaled 258 and on May 28, there were over 300 guests. According to the staff report, there are 341 non -valet spaces in the Lido Marina Village parking structure open to the public and available for use to tenants of the village, employees of the village and anyone else visiting the area. The single biggest use of the parking structure at Lido Marina Village is, and has been, Electra Cruises' guests. In that regard, it appears readily apparent, from reviewing the application that DJM has not fully informed you of the issues that have been created as a result of the parking situation with Electra's guests. To understand, DJM and Electra Cruises have entered into an addendum to their lease arrangement, called Agreement Page 1 of 3 7-297 Memorandum and Evidentiary Support for Appeal of Resolution #2068- Item #3 Amendment to the Parking Management Plan for Lido Marina Village Previously Authorized by Use Permit #UP2014-014 (PA2014-002). Re Parking. A copy of that document is attached hereto as Exhibit "A". Under that agreement, DJM is to provide, in the event the onsite garage is full, offsite parking with shuttle service to be provided at landlord's sole cost. After this agreement, Electra Cruises raised with DJM, the future concerns of parking as relates to their guests, which concerns were not addressed or even mentioned in their application. Initially, this concern was raised in 2016. DJM refused to provide any offsite shuttle services that could be used by Electra's guests, that would both satisfy Electra's guests and the timing of these events to assure timely boarding and departure. On March 15, 2017, Electra, through its counsel, reinitiated contact with DJM's counsel, relating to this offsite shuttle service, because of parking deficiencies that had occured. Attached hereto as Exhibit "6" is a true and correct copy of this e-mail, which contains the proposed offsite shuttle service requirements to be negotiated that was first presented in 2016. Again, DJM did nothing in an attempt to resolve this issue, other than to say there is no problem with the parking. On April 20, 2017, Electra's counsel sent another letter to DJM, understanding there was going to be a parking problem in the upcoming week that DJM knew about but was not doing anything to resolve. See Exhibit "C". While DJM, after threatening them in this e-mail, did assist Electra Cruises in making sure no problems happened that particular weekend, it did not solve any long-term issue with the parking structure. Their solution was to ignore the issue and hope it did not arise again. On August 10, 2017, Electra Cruises' counsel again wrote to DJM's counsel, relating to the parking situation. At this time, they provided some statements in relating to brides and guests that were not able to manage the parking structure. In fact, on July 18, one of the guests was not even able to utilize the car and missed the wedding. In this attachment, there are also pictures taken by Electra Cruises, showing that the lot was full on August 12, 2017, the valet line backing up on July 15, and the line to get out of the structure on two other occasions. See Exhibit "D". It is clear from the application by DJM, they have not brought any of this information to the attention of any agency within the city in reviewing this application process. In addition, Electra Cruises has just learned that there was a hearing relating to the opening of two new restaurants in the village. While Electra Cruises' counsel was supposed to get notice of that hearing, they did not. Electra does not know the results of that hearing. However, if those restaurants are allowed to go into Lido Marina Village, the problems, as set forth in these various attached e-mails, and traffic counts will escalate. If such happens, Electra Cruises, for the survival Page 2 of 3 7-298 Memorandum and Evidentiary Support for Appeal of Resolution #2068- Item #3 Amendment to the Parking Management Plan for Lido Marina Village Previously Authorized by Use Permit #UP2014-014 (PA2014-002). of its business, will be forced to have its guests park in the neighboring areas, which was apparently the reason for the initial application, in having the employees park in the structure to alleviate the parking situation of them parking in the neighboring areas (based on complaints for the residents). In addition, Electra has been randomly doing a parking survey of their own. Attached as Exhibit "E" are copies of some of these surveys. They show instances of only one, three, six, and ten spaces available. (These are non -valet spaces as our guests cannot be forced to utilize valet to park their vehicles.) Under the very Planning Commission Staff Report, page 9, it states, "Public Workers staff considers an 85 -percent occupancy an optimal threshold." They state such, acknowledging that two new restaurants are expected to open, in maintaining the offsite parking with the shuttle. However, that shuttle is not and cannot be for Electra's guests, which undisputedly arrive at set times and in numbers greater than one small shuttle could ever handle. Yet this whole issue was ignored in this application. If two new restaurants are allowed into the village and this resolution is allowed to stand, along with DJM's refusal to provide sufficient offsite shuttle service for Electra's guests, a negative parking situation in the village will not only exist, it will overflow into the neighboring communities. The only way it doesn't exist is if all these other businesses fail. Electra Cruises is the longest standing tenant of the village. Their operation is a fixture in the village. The viability of their operation, which is catering primarily to weddings, is premised on full service, from parking, continuing through the duration of the event, and upon exiting and being able to safely and timely return to their vehicle. If this application is allowed to stand, that business operation will be in jeopardy. The application was based upon faulty and incomplete documentation. Upon a fuller view of the evidence, this application must be denied. Offsite parking, as addressed in the application, as it is currently being offered, could not provide shuttle service timely for many of the wedding parties, let alone the guests. Dated: December % 2017 SILVERSTEIN & HUSTON Marts. H(Iston Attorney for Electra Cruises, Inc. Page 3 of 3 7-299 Exhibit "A" 7-300 V AGREEMENT RE PARKING This Agreement re Parking ("Agreement") is entered into by and between Electra Cruises, Inc., a Florida corporation ("Tenant"), and Lido Group Retail, LLC, a California limited liability company ("Landlord"), -and is made with reference to the following facts: A. Landlord is the owner of that certain commercial real property located in Newport Beach, California and commonly known as Lido Marina Village (the "Property"). B. Tenant is a tenant currently occupying certain slips and lagoons and offices at the Property pursuant to written lease agreements dated February 6, 1996, December 16, 1996, March 11, 1997, and June 8, 1999, including amendments thereto. The written lease agreements, including amendments thereto, are hereinafter referred to collectively as the "Leases." C. Landlord is redeveloping the Property and as part of that process, Landlord is seeking a Conditional Use Permit for a variety of restaurant, office, and retail uses at the Property pursuant to which Landlord has agreed to provide adequate parking via the existing parking structure at the Property and, if and as needed, off-site parking with shuttle or valet service. D. While Landlord and Tenant acknowledge and agree that there is currently adequate parking for Tenant's guests, Tenant has requested that Landlord memorialize its intent to provide adequate parking for Tenant's guests as the development progresses to full occupancy. NOW, THEREFORE, for valuable consideration the receipt of which is hereby acknowledged, Tenant and Landlord hereby agree as follows: 1. Landlord covenants and represents that it will continue to provide adequate parking for Tenant and all other tenants and uses at the Property as required by the City of Newport Beach, either on site or, if and as necessary, off-site via shuttle or valet service. Off-site parking, if and when necessary, and shuttle or valet service, shall be obtained at Landlord's sole cost, provided, however, that Landlord shall have the right, in its sole discretion, to charge parking fees to all guests at the Property, including Tenant's guests, whether they park in Landlord's existing on-site parking garage or in off-site parking facilities obtained by Landlord, on the same basis as Landlord charges for parking in the existing on-site parking garage. 2. Tenant's guests shall have the same right as all other members of the public to park in the existing on-site parking garage on a first -come -first-served basis. All members of the public, including Tenant's guests, will be notified by appropriate signage (and in the case of Tenant's guests by written notification provided by Tenant) that in the event that the on-site parking garage is full off-site parking is available at a specified location with shuttle service provided by Landlord, which shuttle service shall be provided at Landlord's sole cost. Such signage and notification shall be posted and/or provided as of such time as it becomes reasonably 7-301 apparent that there is a need for off-site parking. 3. In the event of any conflict between the terms and conditions of the Leases and this Agreement, the terms and conditions of this Agreement shall govern. Save and except as they may be modified hereby, the Leases shall remain in full force and effect. 4. Nothing in this Agreement shall be construed as creating a new tenancy or extending the term of the Leases beyond their existing expiration date of December 31, 2020. 5. This Agreement, and the Leases, can be further amended only by a writing signed by both Tenant and Landlord. Elf Dated: (( � 1 15 By Lie Dated: 11-1115 By 7-302 Exhibit "B" 7-303 Silverstein & Huston From: Silverstein & Huston Sent: Wednesday, March 15, 2017 3:59 PM To: Pete Umoff Subject: ECI Parking Attachments: Offsite Shuttle Service 8-8-16.pdf Follow Up Flag: Follow up Flag Status: Completed Dear Pete: At your and/or your client's request, we tabled last year the issue of the shuttle service for our employees under the obligations contained in the January 2015 parking agreement. Unfortunately, with the hiring of the 150+ employees for Nobu and its anticipated opening at the end of April or beginning of May, the issue now resurfaces. I anticipate receiving a letter from the city any day now. Thus, we can wait no longer in making sure that your client's shuttle service arrangement will be sufficient to handle the needs of ECI to its customers and even more importantly, satisfactory to the customer brides who are putting on the vast majority of our events. I am attaching a draft of a previous proposal that I had sent you last year, which is what ECI believes, at a minimum, would be needed to be provided to satisfy its customers and not damage its business operations/reputation. While we would all like to believe that parking would never be an issue, with Nobu hiring in excess of 150 employees, the possibility does exist and must be addressed. Please let me know, at least by next Wednesday, your initial thoughts on the above and let's see if we can iron something out in the next couple of weeks. Very truly yours, Mark W. Huston Sent by: Ashley C. Robles SILVERSTEIN & HUSTON 701 S. Parker St., Ste. 5500 Orange, California 92868 Tel: (714) 547-2511 Fax: (714) 547-0230 slverstein@silversteinhuston.com 1 7-304 7-305 8/8/16 Electra Lido Issues OFFSITE SHUTTLE SERVICE The shuttle service provided by landlord, at its sole cost to tenant and its customers referenced in the Agreement Re Parking dated January 7, 2015 is to consist of the following: 1. Four (4) luxury shuttle buses, each to hold a capacity of at least forty-five (45) people. The buses are to be pre -approved by tenant. 2. Sufficient drivers for each of the shuttle buses such that the buses can, if necessary, be operating at the same time; 3. Each shuttle bus must maintain personal liability insurance of at least ten million dollars ($10,000,000.00)/two million five -hundred thousand dollars ($2,500,000.00) amount per occurrence, per person. 4. Tenant to provide to landlord Monday of each week, via e-mail to , the next week's charters, which are to contain the date, the client number, and beginning and ending time of the event. Landlord is to have sufficient shuttle buses operating for each day that tenant has a charter, up to and including the four (4) shuttle buses, one (1) to be at the offsite parking location two and one-half (2 '/2) hours prior to each charters' scheduled start time and the remaining buses one and one-half (1 '/2) hours prior to each charter's scheduled start time; 5. Landlord may, at its discretion, utilize less than the maximum shuttle buses to transport the customers to the Lido Marina Village, provided that no customers should be required to wait fifteen (15) minutes for the next shuttle bus to arrive. In the event any customers have to wait longer than the fifteen (15) minutes, except in situations beyond the control of the driver, tenant may seek remedies against landlord, including recoupment of all losses associated therefrom; 6. Landlord shall have sufficient buses at Lido Marina Village thirty (30) minutes prior to the end of each charter(s) to transport a minimum of one - hundred and eighty (180) customers to the offsite parking location at a time. The shuttle service is provided free of charge to tenant employees and its customers. Excepting the above, all other clauses and conditions in the Agreement Re Parking as relates to the shuttle service remain unchanged. 7-306 Exhibit "C" 7-307 Silverstein & Huston From: Silverstein & Huston Sent: Thursday, April 20, 2017 2:40 PM To: Pete Umoff Subject: RE: ECI Parking, etc. I just got off the phone with Randy. The boat show is in two weeks. The parking manager stated that he was opening the parking lot up to the general public, which would most likely not allow Electra's guests the ability park in the parking structure during those times. The manager looked at Randy and suggested he have buses for his guests. I have tried to explain, many times, how this issue was going to come up. One of the charters is for a lawyer who is getting married with an Orange County judge presiding over the proceedings. I don't know what DJM is doing, but if any of our charter guests do not have adequate parking after everything I have done to push this issue, the only avenue is a lawsuit for breach by the landlord of its obligations to Electra Cruises. With such a great lessee, who always pays his rent, the question I repeatedly come to is, why? I pose the above not because I think DJM will act any quicker or resolve the issue. I simply write this letter as my final attempt to explain what everyone already knows, this issue is urgent. Very truly yours, Mark W. Huston Sent by: Ashley C. Robles SILVERSTEIN & HUSTON 701 S. Parker St., Ste. 5500 Orange, California 92868 Tel: (714) 547-2511 Fax: (714) 547-0230 silverstein@silversteinhuston.com I 7-308 Exhibit "D" 7-309 Silverstein & Huston From: Silverstein & Huston Sent: Thursday, August 10, 2017 3:55 PM To: PUMOFF@seedmackall.com Subject: ECI Parking Issues Importance: High Follow Up Flag: Follow up Flag Status: Completed Pete: I am not sure the level of your involvement in what has been happening at the village and in particular, the parking situation. However, I do recall telling you, I believe both in writing and orally, that the time would come that parking would be a problem and holding off until the problem arises is dangerous to Electra's business and DJM's exposure based thereon. That time has now come. Because you were charging the employees of the village, excluding Electra, $85 to use the shuttle, all of the employees of NoBu were parking on the surrounding streets. Not only the City but also the residents on the island became very vocal and it is our understanding, have registered those complaints with DJM. Whether as a result of those complaints or on their own, DJM has allowed the employees of the village to park in the parking structure for free. That has had catastrophic results in our business. We have had boats not take off on time because guests could not find a place to park; we have had guests miss the wedding all together; we have had guests forced to valet park at great expense, and there have been occasions where there is a "Lot Full" sign in the parking structure and no one there to inform the wedding guests that there are no parking spaces available for them and thus they had to fend for themselves. Because of employee parking, that became impossible. In January of 2015, there was an agreement regarding parking in which DJM acknowledged and contractually agreed to provide adequate parking for Electra, whether they park in the parking garage, or an offsite parking facility. This letter puts DJM on notice that they are in breach of the current lease as amended in this agreement regarding parking. They have failed to provide that adequate parking. Please take further notice that Saturday, Electra has approximately 500 guests to which DJM has knowledge of. No steps have been taken to assure compliance by DJM to their obligations under the lease as for the parking of those guests. In addition, Electra has conformed to not only the spirit but also every express term of the lease in reference to moving its ships to accommodate DJM's desired reconstruction 1 7-310 plans. However, DJM has not followed through with their requirements in providing the electricity necessary for the boats. They are 10 months behind in providing that necessary electricity. They have left live wires in water, damaging our yachts, there are power cords that have been fried based upon their work, and the electricity is such (i.e. so low) that currently we cannot run air conditioning and turn on an oven without tripping the fuse. DJM continually represents that are working on the electricity. Time is up. They are and have been in breach of their obligations under the lease in reference to these issues as well. The guests are either hot or the food is not ready on time. Please let me know DJM's position on each of the above, immediately. As to Saturday, I cringe at the thought at what is going to happen. There is no time for DJM now to provide the transportation facilities for our guests. Your thoughts? As a side note, I am questioning whether DJM has an ulterior plan to get rid of Electra Cruises by utilization of TReSs Apothecary & Salon. Known to DJM, they continue to videotape employees and -guests as well as harassing the guests when they arrive for events. DJM knows this is occurring and has not put a stop to it. Is DJM utilizing TReSs Apothecary & Salon as the new vehicle to accomplish what they could not do directly? They need to do something with this tenant. It remains that Electra is the best tenant this center has ever had. They pay their rent on time and cooperate with the landlord's reasonable and sometimes even unreasonable requests. They have endeared themselves to the local community and provide business for the other tenants. Why do they need to continually have lawyers get involved to get something accomplished? I am at a loss. I await your response. Mark DICTATED BUT NOT READ Sent by: Ashley C. Robles SILVERSTEIN & HUSTON 701 S. Parker St., Ste. 5500 Orange, California 92868 Tel: (714) 547-2511 Fax: (714) 547-0230 silverstein@silversteinhuston.com z 7-311 From: Brittany Pereda [mailto:brittany^,:,reda5@yahoo.com] Sent: Thursday, August 10, 2017 10:2`_ A To: Susan Pereda <susanp@electracruises.com> Subject: Re: Parking Yes, it happens all the time. Last Saturday my bride yelled at me because there was the "lot full" sign out in front of the structure. there were parking tenants out front of the structure asking people what they were coming for and if they were coming for the wedding. They let them in. However, the bride was worried people would see the sign and turn around. A few weeks ago, I was in the office writing notes after the charter and a guest from another event came in and asked if I could validate... the couple told me they had to valet because the structure was full and I told them unfortunately we cannot validate for valet.. It is very very common that as we board the yacht, at least one or two (sometimes multiple) guests will tell me parking is a nightmare and there's no parking. I can remember 4 times in particular (just recently in the last month) we waited and left late due to guests being late because of parking. 7-312 vrom: star Komero [mailto:sromero@pylusd.org] Sent: Thursday, August 10, 2017 9:" M To: Susan Pereda <susanp@electracruises.com> Cc: Lorraine Keseloff <lorrainek@electracruises.com>; Allison Danielson <allisond@electracruises.com>; Mary Matiasevich <Marym@electracruises.com>; Kim Konopka <Kimk@electracruises.com>; Thomas Fernandez <thomas@electracruises.com>; Brittany Pereda <brittanyperedaS@yahoo.com>; Kelsey Millay <kelseyalisha@gmail.com> Subject: Re: Parking This past Sunday we left about 10 minutes late on Destiny. The groom said if we could wait for one of his guests that was circling the parking lot looking for parking. He wasn't upset, but obviously we had to wait for the guests. A few weeks ago I coordinated an anniversary party (Mary's client) on N Princess. We left late because a few guests were looking for parking. The client was upset about it, and said that one of her guest had to pay $40 for valet. 996-7931 7-313 -----Original Message ----- From: Linda Milner [mailto:lrm5835@ �omj Sent: Tuesday, July 18, 2017 6:52 PM To: Mary Matiasevich <Marym@electracruises.com> Subject: Parking Hi Mary, Hope you are well!! We are still on a "high" from our celebration last Saturday, however there is one very troubling occurrence that happened to at least two of our guests. They missed the boat/party because there was no place for them to park their car. They traveled many miles only to be left behind. They arrived at the public parking complex at 5:30pm and could not find a place to park, and before they could even get out of the complex, the boat left. I realize this is a difficult problem, but I feel strongly it should be addressed. I welcome your feedback. Thank you, Linda Sent from my iPhone 7-314 August 12th, 2017 7-315 August 12, 2017 Double parking valet and employee cars on top level 7-316 July 15, 2017 Valet line backed up to Via Lido; when the lot is full, guests are sent to valet their cars which causes them to be late or miss the charter. 7-317 Oct 22, 2016 Backed up line to get out of structure 7-318 Here is a shot of the valet being open but the structure being full and guests were turning around and exiting. This was taken on July 15, 2017 7-319 Exhibit "E" 7-320 Lido Village Parking Structure Date: I ti 1 Time of Day: Number of Empty Spaces: " U ►M rt9Ui av- sror i� s}-" ( trata cvp s+A ii -S) 3 Counted By: 7-321 Lido Village Parking Structure Date: ) -7 Time of Day: Number of Empty Spaces: I �1 It U t-e'gWI Co- 5P 0fi5 '11 vatet 5t--a�,d Vo v i "Vol40 N 5rUtS (, d a vvn s{-,v'i'S -------------- "f 0 ryl 3 a 9vlou- Vof3 17 vaa/ 5k c-1,5e�d Sro "v s rs 13 `' va.Q q " 15p,91-3: (. d e v✓nSIZiii rs 3 �1 is5 r!9wla v- Spoil4-10 15 �r� e Ut est Sp . V SfrLf�S (downs -f2 rO 14$ m 30 (IgUIOY Sets do vaW 15jI&cA .S own ylu( r-&) O Counted By: i r3 kid 7-322 Lido Village Parking Structure Date: 1I Time of Day: Number of Empty Spaces: ti p Yn 1 voft j yrs v r5 3 va, 5poi Counted By: 7-323 Attachment G Applicant Response to Appeal 7-324 Response to Electra guises, Inc.'s Memorandum in Support of Appeal of Resolution 42068- Item#3 From: Peter A. Umoff, Bar No. 091220 Seed Mackall LLP 1332 Anacapa Street, Ste. 200 Santa Barbara, CA 93101 Tel: 805-963-0669 Fax: 805-962-1404 pumofF(d), seedmackal l.com To: Newport Beach City Council Gentlepersons: Our office represents DJM Capital Partners, Inc. and Lido Group Retail, LLC (collectively "DJM") in a variety of matters, including dealings with Electra Cruises, Inc. ("Electra") for the past several years. This memo is presented in Response to the Memorandum presented by Electra in support of its appeal from the approval of the applicant's request for an amendment to the Parking Management Plan for Lido Marina Village, Resolution #1-2068, Item #3 (the "Huston Memo"). Electra's appeal is not well taken and is based on intentionally false and misleading information, including, among other things, the following: 1. Electra has accused DJM of misleading the City by failing to disclose the Agreement re Parking between it and Lido Group Retail, LLC. That is a blatantly false accusation. The truth is, Electra itself submitted the Agreement re Parking to the City for approval before it was ever signed. In addition, signed copies of the Agreement re Parking have been submitted to the City on multiple occasions. 2. Despite the assertions, express and implied, by Electra in the Huston Memo that parking at the site has been inadequate, it has provided only a few anecdotal examples of parking issues over a period of an entire year. None of these examples has previously been provided to DJM. None of them mean anything. Every parking garage in the world is full sometimes. It is very telling that this is the best Electra can come up with. 3. Electra has accused DJM of violating the Agreement re Parking. This is completely false. DJM has reaffirmed its intent to abide by the Agreement re Parking on several occasions. Electra has admitted that no shuttle service is yet necessary, but continues to demand that a ridiculous level of service be provided immediately. See Exhibit B to the Huston Memo, wherein Electra (1) acknowledges that there is nothing more than a possibility that a parking issue might arise and (2) states that "at a minimum" Electra requires "four (4) luxury shuttle 7-325 buses, each to hold a capacity of at least forty-five (45) people." The information submitted by Electra shows that Electra's demands have been and are premature and absurdly over the top. The Agreement re Parking provides that Electra's guests have the same right as the rest of the public to park in the garage on a first come first served basis. It further provides for the providing of off-site parking "if and as necessary," "if and when necessary," "as of such time as it becomes reasonably apparent that there is a need for off-site parking." A copy of Electra's Exhibit B with the relevant portions highlighted is attached for your convenience. 4. Despite the repeated predictions of disaster contained in Mr. Huston's emails attached to the Huston Memo, no parking disaster has occurred. To the contrary, Electra has come through all of its heaviest periods without major incident or parking impact. That is because DJM has moved heaven and earth to make sure there is adequate parking for all of its tenants and their guests. DJM will continue to do so. 5. In a clear attempt to mislead, the Huston Memo attaches emails from Mr. Huston to Peter A. Umoff, but it attaches none of the responses. In virtually every response, Mr. Umoff has restated DJM's intention to comply with the Agreement re Parking. 6. Electra points out that it has been a tenant at Lido Marina Village for a long time. As the City knows, for much of that time Lido Marina Village was in virtually blight condition and Electra was virtually the only tenant. DJM has converted Lido Marina Village into a Class A Center and destination property, from which Electra has benefitted hugely. Electra clearly believes that it has priority rights to the parking garage and the right to do whatever it pleases at Lido Marina Village. It does not. In fact, Electra is in breach of its lease and in violation of the law because it does not have a current Marine Activities Permit. As a party in breach, it has no right to demand performance from the lessor, and as a party in violation of the law it should have no standing to object to the City's granting of DJM's application. 7. The truth is that Electra is simply trying to obtain leverage against DJM to obtain an extension of its lease, which is set to expire on December 31, 2020. DJM has attempted to negotiate a lease extension but has been unable to do so on terms that are acceptable to it. At this point, DJM has no interest in extending Electra's lease. As the City is probably aware, Electra has caused many problems at Lido Marina Village, both for DJM and for other tenants. Its operations dominate the entire center, and Electra makes no effort to provide needed oversight or security to ensure that its operations don't impinge unfairly on others. Electra's appeal is brought in bad faith for the sole purpose of trying to obtain leverage to force DJM to extend its lease. The appeal should be denied. Dated: January 3, 2018 Seed an Peter A. Umoff Attorneys for Applicant 7-326