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HomeMy WebLinkAbout2018-2 - 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 NoRESOLUTION 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; Resolution No. 2018-2 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. Resolution No. 2018-2 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 231d day of January, 2018. ATTEST: M)4b4W16'-- A*- Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY A EY'S OFFICE Aaron C. Harp City Attorney Duffy ► d r Mayor 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 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: 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. 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. 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. 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. 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. 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: 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. 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: 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, 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. 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 terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. 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. 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. 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. 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 Superior -Avenue 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 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 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 orrevoked 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 (859,66). 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 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 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 LMV to allow for enhanced parking 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. 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 walkway shall be a minimum of six (6) feet in width but preferably ten (10) feet wide or more. Minor encroachments maybe 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 (2nd) 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 (3'd) 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. 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. 9174 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. 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 fornon-standard orprivate 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. EXHIBIT C Parking Management Plan dated June 1, 2017 r viw- A I Mm''WOL � I �v I Lj uhi0N" i 1 1 4 p p LIDO 4h I 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 ft EMPLOYEE STACKED PARKING 7 4. SURFACE PARKING 15 5. MOBILITY: BICYCLE, PEDESTRIAN AND BOAT 17 6. OFF -SET HOURS 22 7. EXHIBIT A: SIGNAGE 8 WAY -FINDING 23 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 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@iazoarkina.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. 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 8 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. DJM CAPITAL PARTNERS, INC LZ Entrances Ft 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 wilt 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 8 Display In addition to garage parking the property will also offer public parking in the 3700 lot after tenant hours. A PftD 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. 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 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. 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. M Lot4* Lott —"01 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 DJM CAPITAL PARTNERS, INC LIM 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. M DJM CAPITAL PARTNERS, INC LZ 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 4`h and 5`h 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 4`" and 5`h 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. ' DJM CAPITAL PARTNERS, INC LZ uJ a J Q F- H Z LiJ Q Total Slacked Valet Vehicles: 45 Total Stacked Valet Vehicles: 92 PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. 1 DJM CAPITAL PARTNERS, INC LIM PARKING3. VALET Et EMPLOYEE STACKED • 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. _c 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. 9A 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. DJM CAPITAL PARTNERS, INC Wra 0 L*701 II II P / UM Level 0 -Valet Vehicles: 14 O '°ogTo to ME ME 0110 ISS O •w• PARKING MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I DJM Capital Partners, Inc. DJM CAPITAL PARTNERS, INC 3700 Building- Valet Vehides:13 I, IVIA OPORTO ¢ r r r 1-Y .y +1'y ri xeest 111 Yr — l / ®-n/ } 4 �-t.•tr ill I I • 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. DJM CAPITAL PARTNERS, INC LIM 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, & 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: -11DIl2D-11D1 12o -11D 112D-12:30aI12o-12:30aIIla -12:30a1Ila - 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. DJM CAPITAL PARTNERS, INC LM 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 it 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. 0 A 4. SURFACE PARKING ver "VI 16 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. N ■ r r� 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. C � ♦ LU LU C3 LuCL ww ,� ♦♦o♦ ♦off♦��' r 1 1 1 4 Z ---_ FT r ' 1 1 ("qtr------- ---- 1 Al 1 I 1 � NOLLVAON311 3dtlOS133Y1S 1 1 1 1 11 1 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. 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. c Q� mil® Ip 3 a� G 7 'SAV 7VHiN30 L '3Ab IVUiN30 P. TRE 0 0� t. ®:.'O r EXHIBIT D Land Use Summary for Lido Marina Village !; q _■ 2 ui i!3§BB§66d § § r^amiGGE !` 4,;!§ ) ! ! { \ � / G q _■ 2 ui 17 / -it i E \�A4 k , ;2#\�(§(■■ & \ HHgH■■g■■R ■ � 05 NO Q ): <. \ 6 / -it i E \�A4 k , ;2#\�(§(■■ & \ HHgH■■g■■R ■ � 05 NO Q zw > 09� wmz poo af�7N m =wQ Qwu wf� rcnQ 6Qm U �jF � �NZ O Q NN WWZ f Lu>o s QJ~ UpZ OZUU Up 5LLJCONN K K � a ra N ! \ � � ]dgH■§E■■w 1� §|} _:| ( §j\ <-Jz _oz AE; 2! S jrcCO§ kIL EXHIBIT E Shuttle Management Plan dated August 9, 2016 - ���Y� '✓� 1��iN '�+. F^ Fl {� �n J�,�y A Y�'YI � 47 :;sG4 � '" � � 4I u�i Gri� LIDO MARINA SHUTTLE MANAGEMENT PLAN Lido Marina Village, Newport Beach CA Lido Retail Group LLC. I August 9, 2017 I EXECUTIVE SUMMARY 2. OVERVIEW 4 3. OPERATIONAL DETAILS Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 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, (17 - :i Chris Handlos General Manager chandtos@tazparking.com 1-805-341-5857 1525 E. 17`h St., Suite H Santa Ana, CA 92705 Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 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 Low 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. 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. 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 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 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. 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. Non-exclusive employee Hoag Arrival /Departure Zone parking up to 100 spaces per lease agreement .r Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. +� SF.w,le P+:t up and mws�aeaw i omsarw Asnra prop Orf - Structure es E U I L u u Iji l� II y Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. OVERVIEW AAIt< All ki ..r J % Y l� a H - ` - vp '`,Beach F51o. 'L '7 i� V. �I•' a 1.. ®!i ,. _ 1 n. 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 8 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). 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 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 Hiles and procedures that may be implemented by Lessor from time to time. Subject to availability and to the terns 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 ate permitted to park in the Project-rolated 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-prevakling rate charged by Lessor for any unreserved employee parking passes tented to Lessee (which is currently $85.00 per pass per month). I£ 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 than current rate for customer parking. The employee parking passes rented by Lasses 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 those designated for such activities by Lessor. Lossor specifically reserves the right to change the L size, configuration, design, layout, location and all other aspects of the parking facilities and Lessee acknowledges and agrees that Lessor may without incurring any liability to Lessee and without any abatement or Rent under this Laase_ from time to time temnnrn�a.. ..L.aPJ.R ... 3. 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2018-2 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rtl day of January, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24'^ day of January, 2018. d�4 Am,� Leilani I. Brown City Clerk Newport Beach, California