HomeMy WebLinkAbout5.0 - Off-Site Parking Lido Marina Village - PA2014-002 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 17, 2016 Meeting
Agenda Item No. 5
SUBJECT: Off-Site Parking Lido Marina Village - (PA2014-002)
3600-3700 Newport Boulevard, 3400-3444 Via Lido, and
3400-3505 Via Oporto
Conditional Use Permit No. UP2014-014
APPLICANT: Lido Group Retail, LLC
OWNER: Lido Group Retail, LLC
PLANNER: James Campbell, Principal Planner
(949) 644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY
Establishment of off-site parking at 540 Superior and shuttle management plan to serve
Lido Marina Village employees, consistent with Newport Beach Municipal Code (NBMC)
Section 20.40.100 and Conditional Use Permit No. UP2014-014.
RECOMMENDATION
1 ) Receive public comments; and
2) Adopt Resolution No. approving off-site parking consistent with NBMC
Section 20.40.100 and Conditional Use Permit No. UP2014-014 (Attachment PC 1).
DISCUSSION
In December 2014, the Planning Commission approved Conditional Use Permit No.
UP2014-014 (PA2014-002) for an adjustment of on-site parking requirements in
conjunction with the renovation of Lido Marina Village. Lido Marina Village is a shopping
and entertainment district generally bounded by Newport Boulevard, Via Lido, and
Newport Bay. Parking requirements were reduced based upon a parking demand
analysis and parking management program which anticipated parking demand over
time. The conditional use permit established intensity limits for various land uses (i.e.
retail, restaurant, office, etc.) within existing structures and for waterfront uses. Finally,
the conditional use permit authorized valet parking operations, off-site parking,
employee parking management, and infrastructure to accommodate pedestrian and
bicycle patrons. Planning Commission Resolution 1966 is attached as Attachment PC 2.
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Off-Site Parking Lido Marina Village
Planning Commission, November 17, 2016
Page 2
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When the CUP was approved, there was predicted to be a parking shortfall of up to 100
spaces during peak periods. Condition 4 of the approved CUP establishes two
occupancy scenarios that could be accommodated by on-site parking within the Lido
Marina Village parking structure. When the applicant seeks occupancy in excess of the
two occupancy scenarios, they have two options to ensure that adequate parking is
provided. First, they could provide a parking analysis showing that actual parking
demand is less than anticipated thereby supporting additional occupancy, or second,
they could provide off-site parking at an appropriate location.
Tenant improvements are continuing and occupancy has been increasing and the entire
site should be ready for occupancy in late January of 2017. The delayed occupancy has
made it impossible for the applicant to accurately study actual parking demand given
vacancies and less than full operations. Therefore, the applicant is proposing off-site
parking to facilitate full occupancy of the site. When the site is fully leased and in
operation after its initial break-in period, the applicant intends to perform a parking
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Off-Site Parking Lido Marina Village
Planning Commission, November 17, 2016
Page 3
utilization study to show actual parking demands over time. If it shows that off-site
parking is not needed because on-site parking is sufficient to accommodate the uses,
they would discontinue the proposed off-site parking and shuttle program.
Off-Site Parking Facility Location
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Off-Site Parking
The Applicant entered into a license agreement with Newport Healthcare Center, LLC,
who owns and operates the Hoag Healthcare Center located at 500-540 Superior
Avenue. The agreement, which has been amended once, is attached to this report as
Attachment PC 3. Hoag Healthcare Center has two parking structures and several
surface parking lots and has close to 225 excess parking spaces based upon Zoning
Code parking ratios. Staff has observed on several occasions that parking in the Hoag
Health Care parking structures is available. Lido Marina Village employees would park
in the parking structures and would be shuttled to the site. The license is a two year
agreement pending City approval.
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Off-Site Parking Lido Marina Village
Planning Commission, November 17, 2016
Page 4
The agreement provides 100 spaces from August 1, 2016, to November 30, 2016,
Thursday through Sunday, from 11:00 a.m. to 2:00 a.m. Starting December 1, 2016,
through July 31, 2018, it provides 200 spaces, seven days a week, from 10:00 a.m. to
2:00 a.m. The predicted shortfall on-site is 100 spaces, therefore the number of off-site
spaces provides a large cushion after December 1, 2016, if it becomes necessary. The
hours and days effectively cover the peak hours for demand of employees including the
late night operations at the various restaurants.
Employee Shuttle Management Plan
The applicant will operate a shuttle between the Lido Marina Village and the off-site
parking facility based upon the attached shuttle management plan (Attachment PC 4).
Initially, the shuttle would operate between 3:00 p.m. and 10:00 p.m. Thursday through
Sunday. In this initial phase, early shift employees would park in the on-site parking
structure and afternoon shift employees would park in the off-site parking lot and be
shuttled to the site. The later phase when the restaurants are in operation, the shuttle
service would be extended to operate between the hours of 10:00 a.m. through 2:00
a.m. seven days a week. These hours and days of operation cover the peak parking
demand periods identified in the parking demand analysis that supported the approval
of the conditional use permit.
The round trip time of the shuttle between the sites is approximately 20 minutes and
should allow up to 3 round trips per hour. The pick-up and drop-off locations and the
shuttle route between the sites are clearly shown in the management plan and have
been reviewed and approved by Planning Division staff and Traffic Engineer.
Parking Permit Rates
The parking program is voluntary and some tenants and/or employees may choose less
costly parking. The applicant charges $85 for monthly parking passes ($1020 per year).
The applicant reports that this cost has been the historic cost even prior to their
ownership. The cost and voluntary nature of the parking passes is in applicant's leases
with tenants. An excerpt of the lease is provided in the shuttle management plan.
According to the applicant, about 70 parking passes are in use today.
Employees also have the option to purchase a master parking permit from the City at
$485 per year and they could park at any metered space in the Lido Village area. The
cost of the monthly pass is far less than the short-term rate ($6 for the first 2 hours and
$1.25 each additional 15 minutes, valet rates higher) and daily rate ($30) for employee
use of the structure and it provides an incentive for its use. However, if tenants and/or
employees choose not to purchase passes, employees could also search for free
parking located in the Finley tract, Cannery Village, or Lido Isle. The current parking
rates are attached (Attachment PC 5).
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Off-Site Parking Lido Marina Village
Planning Commission, November 17, 2016
Page 5
Staff has received reports from Finley tract residents that individuals visiting Lido Marina
Village are parking in the neighborhood. There is no efficient or effective method to
enforce a restriction. The leases prevent the applicant from making the parking program
mandatory without an amendment to the lease, but the applicant could reduce the price
of the monthly passes to further incentivize their use. Therefore, staff recommends a
condition requiring the applicant to reduce the price of the monthly parking passes to be
less costly than the City master permit. Staff recommends establishing a monthly fee of
$30 per month ($360 per year, approximately a 25% discount from the cost of a City
master permit). The reduced price should reduce the possibility that employees parking
on the streets.
Monitoring
Staff recommends a condition requiring the applicant to provide a monthly utilization
report of the parking structure and the shuttle for the first year of operations going
forward.
Alternatives
The Planning Commission can require additional parking management or monitoring
measures.
Environmental Review
The approval of the off-site parking and shuttle management plan is exempt from the
California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing
Facilities).
No physical improvements are associated with the project. The off-site parking facility
presently exists at 540 Superior Avenue and has over 200 parking spaces in excess of
the minimum requirements of the Zoning Code. The shuttle will operate between Lido
Marina Village between the hours of 10:00 a.m. and 2:00 a.m. daily with approximately
three round trips per hour. 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 out throughout the day and
evening. The increased traffic to the off-site parking facility will be approximately 200
trips per day, below a threshold that requires any traffic analysis.
Off-Site Parking Lido Marina Village
Planning Commission, November 17, 2016
Page 6
Public Notice
Notice of this hearing was published in the Daily Pilot and mailed to all owners of
property within 300 feet of the boundaries of the site and the off-site parking facility in
accordance with Condition 4 of Conditional Use Permit No. UP2014-014. The notice
was posted at several locations in Lido Marina Village and at the off-site parking facility.
All notices were provided at least 10 days before the meeting. Additionally, the item
appeared on the agenda for this meeting consistent with the Brown Act, which was
posted at City Hall and on the City website.
Prepared by: Submitted by:
W
J es Campbell, rincipal Plariner 13rVa Wisnesl i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Planning Commission Resolution No. 1966
PC 3 Off-Site Parking Agreement
PC 4 Shuttle Management Plan
PC 5 Lido Marina Village Parking Rates
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Attachment PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
OFF-SITE PARKING AND SHUTTLE PLAN PURSUANT TO
CONDITION NO. 4 OF CONDITIONAL USE PERMIT NO.
UP2014-014 FOR LIDO MARINA VILLAGE (PA2014-002)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application (PA2014-002 for Conditional Use Permit No. UP2014-014) was filed by Lido
Group Retail, LLC (Applicant), with respect to Lido Marina Village located at 3636 Newport
Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto
requesting approval of a conditional use permit for a parking reduction, parking management
plan, and off-site parking. 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. On December 18, 2014, the Planning Commission of the City of Newport Beach adopted
Resolution No. 1966 approving PA2014-002 subject to findings and conditions of approval.
Condition No. 4 requires the Planning Commission to review and approve a specific off-site
parking arrangement to ensure that it complies with Conditional Use Permit No. UP2014-014
and Newport Beach Municipal Code (NBMC) Section 20.40.100.
3. The Planning Commission found the approval of PA2014-002 exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or
Conversion of Small Structures). This CEQA section exempts the construction and
location of limited numbers of new, small facilities or structures (up to 10,000 square feet
in area) and the conversion of existing small structures from one use to another where
only minor modifications are made to the interior or exterior of the structure. Additionally,
the proposed project is exempt from CEQA pursuant to Section 15301 (Existing
Facilities). This CEQA section exempts interior and exterior alterations and small
additions to existing structures when the changes involve a negligible or no expansion of
existing uses.
4. A regular meeting of the Planning Commission was held on November 17, 2016, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the UP2014-014 and the
Brown Act. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
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Planning Commission Resolution No.
Page 2 of 6
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The approval of the off-site parking and shuttle plan is exempt from the CEQA pursuant to
Section 15303 (New Construction or Conversion of Small Structures).
2. No physical improvements are associated with the project. The off-site parking facility
presently exists at 540 Superior Avenue and has over 200 parking spaces in excess of
the minimum requirements of the Zoning Code. The shuttle will operate between Lido
Marina Village between the hours of 10:00 a.m. and 2:00 a.m. daily with approximately
three round trips per hour. 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 out throughout the day and
evening. The increased traffic to the off-site parking facility will be approximately 200 trips
per day, below a threshold that requires any traffic analysis.
SECTION 3. FINDINGS. (NBMC Section 20.40.100(B))
Finding:
A. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
1. The parking facility is located approximately 2 miles driving distance from Lido Marina
Village.
2. The off-site parking will serve employees who require longer term stays.
3. A shuttle van will operate between the off-site parking facility and Lido Marina Village
providing 3 round trips per hour during operations.
4. The distance and shuttle service is convenient to provide employee parking given
implementation of the Shuttle Management Plan dated September 27, 2016.
Finding:
B. On-street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. 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.
2. On-street parking within Lido Marina Village is not utilized to satisfy the required parking
requirements.
Lido Marina Village off-site parking and shuttle plan 11/17/2016
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Planning Commission Resolution No.
Page 3 of 6
Finding:
C. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. The off-site parking facility is located at 540 Superior Drive, which is accessed from a
signalized intersection from Superior Avenue, which is a 4-lane major highway.
2. 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 out throughout the day and evening. The increased traffic to the
off-site parking facility will be approximately 200 trips per day, below a threshold that
requires any traffic analysis.
Finding:
D. The parking facility will be permanently available, marked, and maintained for the use it is
intended to serve. klov
Facts in Support of Finding: �,
1. A minimum of One hundred (100) parking spaces shall be provided for employee parking
at an off-site, private lot by a lease or other binding private agreement (required off-site
parking). If additional off-site employee parking be needed, it shall be me consistent with
NBMC Section 20.40.100 and regulated consistent with the findings and conditions of
approval provided in this resolution.
2. The required off-site parking shall be located within a convenient distance to the project
site as determined by the Director of Community Development (Director). On-street
parking shall not be included and use of the required off-site 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.
3. The required off-site parking shall be provided and permanently maintained for employee
parking as long as the use authorized by Conditional Use Permit No. UP2014-014
remains effective or is deemed unnecessary based upon a parking utilization analysis
demonstrating a lack of need for off-site parking.
4. 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
Lido Marina Village off-site parking and shuttle plan 11/17/2016
Planning Commission Resolution No.
Page 4 of 6
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. UP2014-
002, 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.
UP2014-002 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. UP2014-002 thereby supporting a parking reduction.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: ee
1. The Planning Commission of the City of Newport Beach hereby approves an off-site parking
and shuttle plan pursuant to Condition No. 4 of Conditional Use Permit No. UP2014-014
for Lido Marina Village (PA2014-002) 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 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.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF NOVEMBER, 2016.
AYES:
NOES:
ABSTAIN:
ABSENT: 1W
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
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Planning Commission Resolution No.
Page 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The Applicant shall implement the Lido Marina Village Shuttle Management Plan dated
September 27, 2016, as amended by these conditions of approval.
2. The cost of employee parking passes shall be reduced to $30 per month to provide an
incentive for their use.
3. The applicant shall submit a monthly utilization report for the Lido Marina Village parking
structure and shuttle service showing parking over time and different days. The reports
shall be submitted monthly through and including January of 2018. Periodic reports
thereafter may be required by the Community Development Director or the Planning
Commission.
4. Parking management shall be reviewed by the Planning Commission in February of 2018.
5. The approval of this off-site parking and shuttle management plan 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.
6. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
7. One hundred (100) parking spaces shall be provided for employee parking at an off-site,
private lot by a lease or other binding private agreement (required off-site parking). The
required off-site parking shall be located within a convenient distance to the project site as
determined by the Director of Community Development (Director). On-street parking shall
not be included and use of the required off-site 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 required off-site parking shall be provided and permanently
maintained for employee parking as long as the use authorized by Conditional Use Permit
No. UP2014-014 remains effective.
8. A parking agreement or covenant, 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 property where the required off-
site parking is located, or changes in the use or availability of the required off-site parking, or
Lido Marina Village off-site parking and shuttle plan 11/17/2016
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Planning Commission Resolution No.
Page 6 of 6
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.
UP2014-014, 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. UP2014-014 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.
UP2014-002 thereby supporting a parking reduction.
9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Lido Marina Village Off-site Parking and Shuttle Management Plan associated
with Conditional Use Permit No UP2014-014. 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 nt shall pay to the City upon demand any amount owed to the City
pursuant to the nification requirements prescribed in this condition.
Lido Marina Village off-site parking and shuttle plan 11/17/2016
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Attachment PC 2
Planning Commission Resolution No. 1966
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RESOLUTION NO. 1966
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-
014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING
REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE
(PA2014-002)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village
located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and
3431-3505 Via Oporto requesting approval of a conditional use permit for a parking
reduction, parking management plan, and off-site parking. 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. The applicant requests a conditional use permit for a reduction in on-site parking
requirements in conjunction with the renovation of uses within a shopping area known
as Lido Marina Village. The requested reduction in on-site parking requirements is
based upon anticipated parking demand over time taking into account the various uses
at the site. The proposal also includes a parking management plan (PMP) pursuant to
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site
parking pursuant to Section 20.40.100 (Off-Site Parking).
3. 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).
4. The subject property is located within the coastal zone and the Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a
public parking garage that exceeds the basic height limit within the 26/35 foot height
limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020).
6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law,
& Greenspan, on behalf of the applicant, to determine the specific parking needs of the
center.
7. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting 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
meeting. The Planning Commission voted to continue the item to the December 18,
2014, meeting.
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Planning Commission Resolution No. 1966
Page 2
8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. The meeting was continued to a date certain from the
December 4, 2014, Planning Commission meeting. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The proposed project is a parking reduction and PMP associated with the renovation
and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina
Village). Interior and exterior changes to the existing commercial buildings are largely
cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor
area will not be increased and a maximum of 430 square feet of existing commercial
floor area will be converted from retail uses to restaurant uses and approximately
3,127 square feet of additional outdoor dining areas will be located adjacent to existing
commercial buildings. With the implementation of the proposed PMP, parking
necessary to meet actual parking demand will be provided by a combination of on-site
parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking).
2. The project is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small
Structures). This Section exempts the construction and location of limited numbers of
new, small facilities or structures (up to 10,000 square feet in area) and the conversion
of existing small structures from one use to another where only minor modifications
are made to the interior or exterior of the structure. Additionally, the proposed project
is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts
interior and exterior alterations and small additions to existing structures when the
changes involve a negligible or no expansion of existing uses.
SECTION 3. FINDINGS.
The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as
approved on December 14, 1972). The parking structure is in substantial conformance with
UP1636 and requires no amendment. The request to modify parking is considered a substantial
change where this Conditional Use Permit shall supersede UP1636.
In accordance with Section 20.40.110.B.1 (Reduction in Off-Street Parking) of the Newport
Beach Municipal Code), 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).
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Planning Commission Resolution No. 1966
Page 3
Facts in Support of Finding:
1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, &
Greenspan, concluded that parking demand for the renovated Lido Marina Village can
be accommodated within a combination of private and public spaces in the immediate
area for most of the planned uses. The Parking Demand Analysis includes two partial
occupancy scenarios referred to therein as Scenario A and Scenario B (attached as
Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido
Marina Village could be leased and occupied and parking demand would be observed
to see if additional parking intensive uses could be accommodated given limited
parking resources within Lido Marina Village. If not, the applicant will be required to
secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the
Zoning Code in order to be allowed to occupy further building area.
2. Parking within Lido Marina Village includes a multi-level parking structure, parking
within Central Avenue, Via Oporto (planned), 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 650 feet of the most remote uses; however the
majority of the spaces are located within the parking structure and are located within
300 feet of uses.
3. The parking demand analysis is reliant upon modifications to the pedestrian and
parking areas within the Central Avenue and Via Oporto rights-of-way. The parking
demand analysis, proposed 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:
1. The applicant has provided a PMP dated November 13, 2014, and 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 Parking Demand Analysis includes two partial
occupancy scenarios where only portions of the vacant spaces in Lido Marina Village
would be leased and occupied and parking demand would be observed to see if
additional parking intensive uses could be accommodated given the limited parking
resources within Lido Marina Village. If not, the applicant will be required to secure off-
site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code.
23
Planning Commission Resolution No. 1966
Page 4
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. On-street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. The Planning Commission shall review any proposed off-site parking locations to
ensure that they are located a convenient distance from Lido Marina Village. If the
distance necessitates it, a shuttle service will be provided for employees or patrons.
2. Fifty four (54) public and municipal metered spaces are available within Lido Marina
Village with the planned improvements 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.
Findinq:
D. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. The Planning Commission and City Traffic Engineer shall review any proposed off-site
parking locations to ensure that they are located and operated to avoid undue traffic
hazards or impacts to surrounding uses prior to implementation. Prior to the approval
of any off-site parking lot, notice shall be provided to residents, businesses, and
property owners within 300 feet of the proposed parking lot.
Finding:
E. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
Facts in Support of Finding:
1. Recorded or other binding agreements shall be provided to demonstrate that parking
will be available to serve the uses within Lido Marina Village when the project demand
requires.
24
Planning Commission Resolution No. 1966
Page 5
2. Off-site parking for marine entertainment and excursion services may be provided at
an off-site parking consistent with this Conditional Use Permit and Section 20.40.100
(Off-Site Parking) of the Zoning Code.
3. Appropriate signage shall be provided, indicating the availability of any off-site parking
provided, subject to the review of the Community Development Director.
4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site
Parking).
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
F. 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) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis under the proposed
Parking Demand Analysis and Implementation of the proposed 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 future off-site parking for patrons
or employees when parking demand warrants it. Any future off-site parking must meet
the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code 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:
G. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
25
Planning Commission Resolution No. 1966
Page 6
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 Lido Marina Village is nonconforming to the 0.5 Floor
Area Ratio (FAR). The proposed renovation of the existing structures will not result in
increases to the existing gross floor area and resulting FAR.
3. The proposed parking reduction and PMP are consistent with 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 may be required and must be found consistent with Section 20.40.100
(Off-Site Parking) if it is required by the parking demand study for the implementation
of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution).
Finding:
H. 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 will include an improved public waterfront walkway no less than 6-feet
wide, but preferably 10-feet 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 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.
3. All public walkways will be open to the public at all times and appropriate coastal
access signage will be provided.
Finding:
I. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
2C
Planning Commission Resolution No. 1966
Page 7
Facts in Support of Finding:
1. The Lido Marina Village commercial area has been operating from its current location in
Lido Village since the early 1970's 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 proposed parking
reduction and PMP will 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 368 private parking spaces and 54 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.
Finding:
J. 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 F support this finding and are incorporated by
reference.
2. 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
27
Planning Commission Resolution No. 1966
Page 8
approved by the City Traffic Engineer and Fire Department as being safe, convenient
and adequate to provide public and emergency vehicle access.
3. 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.
4. 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:
K. 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 G 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 demand analysis. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit
"A", which is attached hereto and incorporated by reference, to replace and supersede
Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void.
22
Planning Commission Resolution No. 1966
Page 9
2. This action shall become final and effective 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.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF DECEMBER, 2014.
AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER
NOES:
ABSTAIN:
ABSENT: KRAMERR
BY: � �(
Larry Tucker, Chairman
BY: V v
?aj�4yer , Se retary
29
Planning Commission Resolution No. 1966
Page 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. UP2014-014
1. 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 November 13, 2014, 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. UP2014-014 (PA2014-002) 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. Prior to the approval of permits for uses in excess of Occupancy Scenario A or
Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall
submit a new Parking Demand Analysis prepared by a qualified traffic consultant or
traffic engineer that identifies expected parking demands for the remainder of
unoccupied spaces within Lido Marina Village for review and approval by the City
Traffic Engineer and Planning Commission. If the approved study does not show that
sufficient parking is available within Lido Marina Village to serve said uses, the
applicant may secure off-site parking to meet anticipated parking demands. Off-site
parking shall be reviewed and approved by the City Traffic Engineer and Planning
Commission prior to the implementation of Occupancy Scenario A or B and shall be
consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the
approval of any off-site parking lot, .notice and an opportunity to comment shall be
provided to residents, businesses, and property owners within 300 feet of the
proposed parking lot. In the event that the right to use any off-street automobile
parking spaces provided for in an offsite parking agreement ceases for any reason, the
applicant shall immediately notify the Community Development Director of the loss of
such offsite parking spaces. Upon notification that the agreement for any of the
required off-site parking has terminated, one of the following shall occur within 60 days
of the date applicant was obligated to so notify the Community Development Director:
(a) Substitute parking is provided that is acceptable to the Director; (b) The size or
capacity of the use is reduced in proportion to the off-site parking spaces no longer
available; (c) The applicant submits to the Director a new or amended Off-Site Parking
Agreement, giving the applicant the use of at least the same number of parking spaces
as were originally covered by the off-site parking agreement.
30
Planning Commission Resolution No. 1966
Page 11
5. 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.
6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing
triple tandem parking spaces on fifth level of the parking structure shall be shall be
removed. The parking structure shall provide a minimum of three hundred forty five (345)
parking spaces and 13 tandem parking spaces.
7. 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.
8. 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 Director of
Community Development.
9. 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.
10. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and
additional use intensity within Lido Marina Village. The applicant will be credited for
existing uses and the loss of any gross floor area. Fair share fees shall be applied in
accordance with the current fee schedule that is effective at the time each building permit
is issued.
11. 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.
12. 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.
13. Conditional Use Permit No. UP2014-014 (PA2014-002) 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.
31
Planning Commission Resolution No. 1966
Page 12
14. 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 Use Permit.
15. 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.
16. 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. UP2014-014 (PA2014-
002), the including, but not limited to the Lido Marina Village PMP, valet parking, any
future off-site parking agreements, all non-standard or private improvements within the
public right-of-way, and encroachments within any easements or access walkways. 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.
17. 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 6 feet in width but preferably 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.
18. 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 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.
32
Planning Commission Resolution No. 1966
Page 13
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.
19. Off-site parking for marine entertainment and excursion services may be provided at
off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off-
Site Parking) of the Zoning Code.
20. For existing fire access roadways, the minimum street width shall be 20 feet, with no
parking on either side. The width shall be increased to 26 feet within 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.
21. 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.
22. 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.
23. 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.
24. All improvements subject to an encroachment agreement or encroachment permit
shall be constructed as required by Ordinance and the Public Works Department.
25. 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.
26. 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.
33
Planning Commission Resolution No. 1966
Page 14
27. 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.
28. 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.
29. All improvements shall comply with the City's sight distance requirement, City
Standard #110-L.
30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit
continues to authorize the existence of a public parking garage that exceeds the basic
height limit up to 35 feet in height.
34
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Planning Commission Resolution No. 1966
Page 16
EXHIBIT "C"
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Planning Commission Resolution No. 1966
Page 17
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Attachment PC 3
Off-Site Parking Agreement
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PARKING LICENSE
THIS PARKING LICENSE("License")is made and entered into on July 5,2016 by and between Newport
Healthcare Center,LLC a Delaware limited liability company and("Licensor"),and Lido Group Retail,
LLC a California limited liability company("Licensee"),who agree as follows:
1. LICENSE OF PARKING SPACES.
Licensor hereby Licenses to Licensee, and Licensee Licenses from Licensor, not to exceed two
hundred(200)reserved and unassigned parking spaces in the parking garage,excluding the first and
second level,of the property commonly known as the Hoag Health Center,Newport Beach, located
at 530 Superior Avenue and 540 Superior Avenue, Newport Beach, CA ("Property"). License shall
not be permitted to park in any other area on the Property without the prior, express written
consent of Licensor.
2. TERM.
The term of the License shall be for a period of two(2)years("Term'commencing on August 1,
2016 and terminating on July 31,2018,for the days and times outlined below.
a) August 1,2016—November 30,2016: One hundred(100)stalls. Thursday—Sunday
between the hours of 11:OOam—2:OOam
b) December 1,2016—July 31, 2018: Two hundred (200)stalls. Monday—Sunday between
thAours of 10:00am—2:OOam
The term is contingent upon approvals from all governmental agencies required.This contract
term may also be terminated by either party with sixty(60)day written notice.
3. RENT.
a) Rent. Licensee shall pay Licensor monthly rent as listed below.
Months of Term Rate Per Stall Monthly Base Rent
1-4 $4.00 $6,928.00
5-12 $4.00 $24,248.00
13-24 $5.00 $30,310.00
b) Time of Payment. All rent due hereunder shall be due and payable in advance on the first day
of each calendar month without notice or demand, for the period of the Term and without
setoff.
4. RENEWAL OPTION.
Subject to the terms of this Section 3, Licensor hereby grants to Licensee the option to extend the
term for up to one(1) additional period of thirty(30)months, which Renewal Term shall begin
immediately following the Licensee's then term. If Licensee exercises its Renewal Option to
41
extend the Term, Licensee shall continue to lease the Premises for the Renewal Term upon the
same terms and conditions set forth in this agreement except that the Monthly Base Rent for the
first year of the Renewal Term payable by Licensee to Licensor shall be the greater of the(i)
Monthly Base Rent payable under this lease for the first year of the Renewal Term as specified in
Section 3 above,and(ii)the then prevailing fair market rental rate. Monthly Base Rent shall
thereafter increase,upon each anniversary of the commencement date of the Renewal Term,by
three percent(3%)per year for each succeeding year of the renewal Term. Accordingly,in no
event will the Monthly Base Rent for the first year of the renewal Term in question be less than
103%of the Monthly Base rent payable in the last year of the immediately preceding Term as a
result of fair market rental rate determination provided in Section 4.
5. HOLDING OVER.
If Licensee holds over after the expiration of the Licensee Term hereof,with or without the express
or implied consent of Licensor,such tenancy shall be from day-to-day only,and shall not constitute
a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a
daily rate equal to$2,500.00 per calendar day.
6. USE.
Licensee shall use the Parking Areas for parking purposes only for its customers and employees, in
accordance with the rules and regulations established by Licensor or its agent from time to time.
Route of travel for shuttle is hereby outlined in Exhibit A,Licensor reserves the right to modify route
for any reason with forty-eight hour written notice,which may be delivered to Licensee via regular
mail,fax or email.
7. TAXES.
Licensor shall pay, before delinquency, all real estate taxes and assessments levied or assessed
against the Parking Areas after the Commencement Date. However, Licensee shall pay any and all
governmental fees, taxes,or assessments levied or charged with respect to the use of the parking
spaces,which are the subject matter hereof.
8. UTILITY SERVICES.
Licensor shall provide the gas, light, power, and telephone services necessary for the efficient
operation of the Parking Areas.
9. ALTERATIONS AND ADDITIONS.
Licensee shall not make any alterations, improvements or additions in or about the Parking Areas,
with the exception of signage approved in writing by Licensor for the direction of Licensees
customers,employees,or invitees to shuttle service.
10. NO BAILMENT.
a) THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO BAILMENT SHALL BE CREATED
BY THIS LICENSE AND LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO
THE PERSONAL PROPERTY OF LICENSEE, ITS EMPLOYEES, LICENSEES, OR INVITEES, OR ANY
2
42
ARTICLE LEFT THEREIN,WHETHER OR NOT THE CAUSE OF SAME IS DUE TO THE NEGLIGENCE OF
LICENSOR, ITS AGENTS OR EMPLOYEES.
11. INDEMNITY.
Licensee aggress to indemnify,defend,and hold Licensor and Hoag Memorial Hospital Presbyterian,
and each of its subsidiaries, Boards of Directors, Officers, Employees, and Agents and managers
("Indemnities" and "Indemnified Parties"), harmless from any claim, cause of action, damage,
liability or costs, including reasonable attorney's fees and costs of defense, arising from or related
to this License or Licensee's use of the Parking Areas and/or property.
12. INSURANCE.
During the term of this agreement, Licensee shall secure and maintain at all times during the term
of this agreement, at Licensee's sole expense, the insurance coverage required herein, with
insurance companies rated A by the A.M. Best Company, Occurrence coverage is preferred but if
claims made coverage is provided, it shall be maintained for a minimum of three (3)years after the
date of termination of this agreement.
Insurance required under this Agreement shall be:
Commercial General Liability (bodily injury, property damage, personal injury, and vehicle
liability) insurance, with a single limit of not less than $1,000,000 per Occurrence, or current
limit carried, whichever is greater, and $2,000,000 in the Aggregate, or current limits carried,
whichever is greater. Coverage shall include, without limitation, coverage for bodily injury,
including death;contractual liability specifically covering the indemnity obligations stated herein
and elsewhere in the Agreement, and personal injury including coverage for suits brought by
employees of Licensee.
Automobile Liability insurance to cover,without limitation,claims based on automobile liability
(bodily injury and property damage) including coverage for all owned, hired and non-owned
automobiles with minimum limits of Two Million Dollars($2,000,000)Combined Single Limit.
General Liability and Automobile Liability Insurance shall include the following provisions,coverage,
and endorsements:
The Indemnified Parties, Newport Healthcare Center,LLC, Hoag Memorial Hospital Presbyterian
and California Commercial Real Estate Services shall be included as additional insured's
("Additional insured's").
Licensee and Licensee's insurance companies waive their rights to subrogation against the above
Additional I nsu red's.
The insurance carried by the Lessee shall include contractual liability endorsements insuring the
indemnity clause of this Agreement.
Licensee's insurance shall be primary coverage, and any insurance or self-insurance carried by
Indemnified Parties and Additional insured's shall be excess and noncontributory.
3
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Thirty (30) days prior written notice of cancellation or material change in the insurance must be
given to Licensee.
Licensee shall provide the Licensor with a certificate of insurance and endorsements evidencing the
required coverage.Failure to secure and/or maintain insurance coverage under this Agreement shall
be considered a material breach of this Agreement. Nothing contained in this subsection shall be
read to limit Licensee's indemnity responsibility under this Agreement.
The failure to secure and maintain or add by endorsement any Indemnified Party shall not act as a
defense to the enforcement of the terms of the Agreement. Any such insurance policy shall apply
separately to each insured against whom claim is made or suit is brought and shall contain no
provision,which excludes coverage of a claim made,by one insured under the policy against another
insured under the policy.
13. ASSIGNMENT/SUBLETTING.
Licensees may only assign,sublet, mortgage, or otherwise transfer or encumber its interest in this
License or the parking spaces Licensed hereunder with the prior written consent of Licensor.
14. DEFAULT.
Each of the following shall be a default by Licensee under this License (each, a "Default"): (i) if
Licensee fails to pay the rent due hereunder within 5 days after the due date and after notice from
Licensor of such failure;(ii) if Licensee breaches any other provision of this License and fails to cure
such breach within 30 days after notice from Licensor describing such breach; or(iii) if a receiver
shall be appointed to take possession of substantially all of Licensee's assets or of Licensee's interest
in this License,or if Licensee shall make a general assignment or arrangement for the benefit of its
creditors, or if Licensee shall take any action under the federal bankruptcy code. Upon a Default,
Licensor,after giving the proper notice required by law, may(a) remove any property and any and
all persons from the Parking Areas in the manner allowed by law,and(b)at Licensor's option,either
terminate this License or maintain this License in full force and effect and recover the rent and other
charges as they become due, in which case Licensor shall have all of the rights and remedies
provided in California Civil Code Section 1751.4. In addition,Licensor may recover all rentals and any
other damages and pursue any other rights and remedies which the Licensor may have against the
Licensee by reason of such Default as provided by law.
15. NOTICES.
Whenever under the License provision is made for notice or demand,it shall be in writing and signed
by or on behalf of the party giving the notice or making the demand; it shall be served either
personally or by registered or certified mail; if served personally, service shall be conclusively
deemed made upon delivery; if served by registered or certified mail, service shall be conclusively
deemed made seventy-two(72) hours after the deposit thereof in the United States mail, postage
prepaid, with return-receipt requested.Any notice or demand to either party shall be given at the
addresses appearing below:
Licensor: Licensee:
Newport Healthcare Center, LLC Lido Group Retail, LLC
510 Superior Avenue,Suite 290 c/o DIM Capital Partners,Inc.
4
Newport Beach,CA 92663 60 S.Market Street,Suite 1120
Attn: Director or Real Estate San Jose,CA 95113
Attn: Eric Sahn
Either party may change its address for purposes of this paragraph by notifying the other party of
such change by the methods herein provided.
16. ATTORNEYS'FEES.
If either party hereto shall engage counsel to enforce or interpret this License or shall file any action
against the other party arising out of this License,or for a declaration of any rights hereunder,the
prevailing party therein shall be entitled to recover from the other party all costs and expenses,
including reasonable attorneys'fees,incurred by the prevailing party in connection therewith.
17. MISCELLANEOUS.
a) Waiver of Default. The waiver of either party of any default in the performance by the other
party of any covenant contained herein shall not be construed to be a waiver of any preceding
or subsequent default of the same or any other covenant contained herein.
b) Successors. Subject to any restrictions or assignment set forth herein,each and every covenant
and condition of this License shall bind and inure to the benefit of the parties hereto and their
respective heirs,legal representatives,successors,and assigns.
c) Interpretation. The captions for.each of the paragraphs of this License are inserted for
convenience only and shall have no effect upon the interpretation of this License. If either party
consists of more than one person, each person shall be jointly and severally liable hereunder.
No provisions of this License shall be interpreted for or against either party because that party
or that party's legal representative drafted such provision.
d) Request for Consent of Approval. Whenever under the terms of this License either Licensor's or
Licensee's consent or approval is required as a condition to action by the other party, the
request for such consent or approval shall be in writing.
e) No Benefit to Third Parties. The parties acknowledge and agree that the provisions of this
License are for the sole benefit of Licensor and Licensee and not for the benefit, directly, or
indirectly,of any other person entity,except as otherwise expressly provided herein.
f) No Brokers. Licensor and Licensee each represents and covenants to the other that there are
no brokerage commissions or finder's fees payable with respect to the transactions
contemplated by this License. Each party agrees to indemnify,defend,and hold the other party
harmless from and against all demands, claims, losses, liabilities, actions, causes of action or
costs and expenses, including, without limitation, attorney's fees, of any kind arising out of a
contention by any person or entity that any real estate commission or finder's fee is payable
because of the acts of such indemnifying party. If such claim for a real estate commission or
finder's fee is claimed by reason of the actions of both parties,the party whose actions first gave
rise to such claims shall be responsible therefore.
5
45
g) Entire Instrument. This License contains the parties entire agreement with respect to subject
matter hereof and the parties agree and acknowledge that any and all agreements and
discussions heretofore or contemporaneously made by the parties with respect to the subject
matter hereof are set forth in this License.This License cannot be modified in any respect,except
by a writing executed by both of the parties hereto.
h) Use of Language. Words of any gender used in this License shall be held and construed to
include any other gender, and words in the singular shall be held to include the plural, unless
the context requires otherwise.
i) Severability. In the event that any provision of this License is found to be invalid,unenforceable,
or illegal,it shall be deemed deleted from the License,and the balance of the provisions of this
License shall be valid and enforceable as to the parties as if the deleted portion were never a
party hereof.
LICENSOR: Newport Healthcare Center, LLC a Delaware limited liability
company
By:
Name: Sanford Smith
Title: CEO
Recommended for Signature:
By: df� i
Name: Karen Torres
Title: Director. Real Estate
LICENSEE: Lido Group Retail,LLC a or a Ikiteliability company
By:
Name: Lind
Title: Vice President
"Exhibit A"
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Sub-sublessor and Sub-sublessee have executed this Sub-sublease as of the day and year
fust above written.
SUB-SUBLESSOR:
CSF MANAGE LLC,
a Californi limited li ility company
By:
Name: D .Burak zgur,M.D.
Title: I s anagi�lg member
SUB-SUBLESSEE:
BABAR IQBAL,MR,INC.
a California empo
By:
Name:
Title: C(-=c
By:
Name:
Title:
CONSENT OF SUBLESSOR
The undersigned, as Sublessor under the Sublease, hereby consents to the terms of this
Sub-sublease as set forth herein. Further, Hoag Hospital hereby acknowledges and agrees that
Sub-sublessor is not in default in the performance of any of its obligations under the Sublease
and, to Hoag Hospital's knowledge, no event has occurred that, upon the passage of time or the
giving of notice,or both,would result in any event of default by Sub-sublessor.
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
By:
Name:
Title:
Date:
-26 -
4845-8965-6361.3
6 -48458965-6361.3
T�
FIRST AMENDMENT TO THE PARKING LICENSEE
This First Amendment to the Parking Licensee("License")is made and entered into on July 22,2016 by
and between Newport Healthcare Center,LLC a Delaware limited liability company("Licensor'),and
Lido Group Retail, LLC a California limited liability company,("Licensee"),with reference to the
following facts:
RECITALS
A. Licensee is the Licensee under that certain Parking License agreement dated July 5,2016(said
agreement, including any other addenda or amendments attached thereto are collectively referred to
as the"License")covering certain premises(the"Property")known as 530 Superior Avenue and 540
Superior Avenue,Newport Beach,CA.
B. Licensor desires to modify the Term in the Agreement and Licensee has agreed to such modifications
on the terms and conditions set forth.
NOW,THEREFORE, in consideration of the mutual covenants herein contained and for other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Licensor and
Licensee agree as follows:
AGREEMENT
1. Section 2 Term is hereby deleted in its entirety and replaced with the following:
TERM. The term of the Licensee shall be for a period of two(2)years('Term"),commencing on
August 1,2016 and terminating on July 31,2018,for the days and times outlined below.
a) August 1,2016—November 30,2016: One hundred(100)stalls. Thursday—Sunday
between the hours of 11:OOam—2:OOam
b) December 1,2016—July 31,2018: Two hundred (200)stalls. Monday—Sunday between
the hours of 10:00am—2:OOam
The term is contingent upon approvals from all governmental agencies required.This contract
term may also be terminated by either party with sixty(60)day written notice. For violations of
the Rules and Regulations per Exhibit B Parking Rules,Regulations, Penalties and Termination
attached hereto,this contract term may also be terminated by Licensor with thirty(30) day written
notice to Licensee,which notice can be rescinded at Licensor sole and absolute discretion. For
serious violations of the rules and regulations,this contract may be terminated immediately.
2. Exhibit B, Parking Rules, Regulations,Penalties and Termination has been added.
3. No Oral Agreements.The License and this Amendment contain all of the agreements of the parties
with respect to the matters set forth herein,except forthose terms and conditions incorporated
herein by references.There are no oral agreements or understandings between the parties hereto
affecting the License or this Amendment. Neitherthe License nor this Amendment can be changed or
terminated orally but only by an agreement in writing signed by the party against whom enforcement
or any waiver,change,modification or discharge is sought.
�9
4. Definition of License. From and after the Effective Date, all references herein and in the License to the
"License"shall mean,unless the context clearly indicates to the contrary,the Licensee as amended by
this Amendment.
S. License in Effect.Licensor and Licensee acknowledge and agree that the License,as hereby amended,
remains in full force and effect in accordance with its terms,and nothing in this Amendment shall
affect any of the covenants,conditions,or restriction set forth in the License except as specifically set
forth in this Amendment.
6. Counterparts. This Amendment maybe executed in one or more counterparts,each of which shall be
deemed an original,but all of which together shall constitute one instrument.
7. Authority.The person(s)executing this Amendment on behalf of each Licensee represent and warrant
that they are duly authorized so as to full and legally bind Licensee.
Each party may rely upon the facsimile signature of the other upon this First Amendment,which signatures
shall have the same force and effect as original signatures.
LICENSOR: Newport Healthcare Center, LLC a Delaware limited liability
company
By:
Name: Sanford Smith
Title: CEO
Recommended for Signature:
By: " Z;a2�
Name: Karen Torres
Title: Director,Real Estate
LICENSEE: Lido Group Retail,LLC a California limited liability company
By.
Name: Lindsay Part
Title: Vice Presider
2
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"Exhibit B"
PARKING RULES REGULATIONS PENALTIES AND TERMINATION
RULES AND REGULATIONS
1. Parking Facilities hours shall be 6:OOa.m.to 8:OOp.m.,however,Licensee shall have access to the
Project Parking Facilities on a 24 hour basis,7 days a week.Licensee shall not store or permit its
"designated parkers"to store any automobiles in the Project Parking Facilities without the prior
written consent of the Licensor. Except for emergency repairs,Licensee and its employees shall not
perform any work on any automobiles while located in the Parking Facilities,or on the Project.If it is
necessary for Licensee or its employees to leave an automobile in the Parking Facilities overnight,
Licensee shall provide the Licensor with prior notice thereof designating the Licensee plate number
and model of such automobile.Any vehicle remaining in the garage for more than five(5)continuous
days shall be deemed abandoned and removed.Neither the Licensor nor any entity participating in the
removal shall have any liability to any person for any loss or damage on account of such removal.All
costs accrued in such removal or abandonment accrues to the Licensee or vehicle owner.
2. Definition of Designated Parkers. Designated Parkers shall include Licensee's employees, Licensee's
Tenants,Licensee's Tenants employees,but not any invitees,agents or contractors of Licensee or
Licensee's Tenants.
3. The Licensor may establish,revise and distribute new rules and regulations at any time relating to the
proper use of the Parking Facility.Licensee's designated parkers and shuttle drivers must comply with
these rules and regulations and all other applicable State and City laws and ordinances,and will follow
safe driving and parking practices at all times while in the Parking Facility or Project.
4. Licensee's designated parkers may park personal vehicles only complying with the height,weight,and
size limits of the garage.Generally,these are personal vehicles of such a length and width that will fit
within a conventional parking space.
5. Cars must be parked entirely within the stall lines painted on the floor.
6. All directional signs and arrows must be observed.
7. The speed limit shall be 5 miles per hour.
8. Parking spaces reserved for spaces for handicapped persons must be used only by vehicles properly
designated.
9. Parking is prohibited in all areas not expressly designated for parking,including without limitation:
a. areas not striped for parking
b. aisles
c. where"no parking"signs are posted
d. ramps
3
51
e. loading zones
f. 111 and 2nd floor of parking either parking structure
g. surface parking lot(s)
10. Trash and garbage always shall be placed in the trash and recycle containers provided by Licensor,and
container lids, if any, must be kept tightly closed at all times.
11. No smoking or e-cigarettes are permitted in the Parking Facility or Project.
12. Parking stickers, key cards or any forms of identifications or entry supply of identification or entry
("Parking Devices")supplied by the Licensor shall remain the property of the Licensor.Such parking
device must be displayed as requested and may not be mutilated in any manner.The serial number of
the parking devices may not be obliterated.Parking devices are not transferable and any parking
device in the possession of an unauthorized holder will be void.
13. Parking devices shall be returned to Licensor upon expiration or early termination of parking
agreement. The cost to replace any lost,stolen or damaged devices is$25.00 per device.
14. Parking Facilities managers or attendants are not authorized to make or allow any exceptions to these
Rules.
15. Every designated parker is required to park and lock his/her own car.
16. Loss or theft of parking devices must be reported to Licensor immediately.Any parking devices
reported lost or stolen found on any designated parkers vehicle car will be confiscated and the illegal
holder will be subject to prosecution. Lost or stolen parking devices found by Licensee or its employees
must be reported to the Licensor immediately.
17. Washing,waxing,cleaning or servicing of any vehicle by the customer and/or his agents is prohibited
except by Licensor or Licensors vendors or concessionaires. Parking spaces may be used onlyfor
parking automobiles.
18. By signing this Parking Agreement,Licensee agrees to acquaint all persons to whom Licensee assigns a
parking pass with these Rules.
19. Licensee hereby voluntarily releases,discharges,waives and relinquishes any and all actions or causes
of action for personal injury or property damage occurring to Licensee arising as a result of parking in
the Project Parking Facilities,or any activities incidental thereto,wherever or however the same may
occur,and further agrees that Licensee will not prosecute any claim for personal injury or property
damage against Licensor or any of its officers,agents,servants or employees for any said causes of
action.
PENALTIES AND TERMINATION
1't offense: Warning citation
2nd offense: $2,500.00 fine and issuance of a thirty(30)day notice to terminate parking
Licensee agreement,which notice can be rescinded at Licensors sole and absolute discretion.
3rd offense: Immediate termination of parking Licensee agreement.
All fines and fees will be charged back to the Licensee responsible for the violating party and will appear on the
Licensee's monthly rent statement.
4
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Shuttle Management Plan
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'� LIDO MARINA
LIDO MARINA SHUTTLE
MANAGEMENT PLAN
Lido Marina Village, Newport Beach CA
Lido Retail Group LLC. I September 27, 2016
1
LAZ
TABLE OF •
1. 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. MW
LAZ
EXECUTIVE SUMMARY
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 1-805-341-5857
General Manager 1525 E. 17`h St., Suite H
chandtos@Lazparking.com 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 Law & 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. 00
EMPLOYEE SHU17LE OPERATIONAL
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
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Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC.
EMPLOYEE OPERATIONAL DETAILS
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 & 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.
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 eoine 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 @ 1 l
Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC. 3
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Non-exclusive employee
Hoag Arrival / Departure Zone parking up to 100 spaces per
lease agreement
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Lido Marina Shuttle MANAGEMENT PLAN Lido Marina Village, Newport Beach CA I Lido Retail Group LLC.
OVERVIEW
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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'P . 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 mbject to availability and to the fees and reasonable rales 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, 1 e may
rens from Lessor a limited number of unreserved employee parking passes, as may be mutually
agreed upon by Lessor and Lessee. An employees of Leasee who aro permitted to park in the
Project-related parking facilities,as determined by Lessor,most display a parking sticker o o thein
automobile in the location designated by Lessor, which sticker win be provided by Lessor.
Lessee shalt 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 Leasee commits, permits or allows any of the prohibited activities respecting
parking described m 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 Lesace, 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 Leasee 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 torms and conditions established by Lessor fnm time to time.
Lessee shall not permit or allow any vehicles that belong to or aro 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. Lessor specifically oseervos the right to change the
_size, configuration, design, layout, location and all other aspects of the parking facilitiesand
Lessee acknowledges and agrees that Lessor may without incurringany liability to Lessee and
without any abatement or Rent under this Lease, from rim 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 3pm to 12am 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 porkers from 3pm-12am will be
required to park in the designated off-site parking area. During Phase 2 from 10am-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 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.
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Attachment PC 5
Lido Marina Village Parking Rates
09
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LAZ
LOCATION INFORMATION
LOT 2524 Lido Marina Village 34
Management Co. DIM Capital Partners, Inc. 714-897-2534
Property Manager Dorothy Augustyniak Fax:714-897-7686
Parking Facility Manager Jorge Perez 949-791-8690
Property Hours 24 Hours a day/7 days a week Automated Facility
Garage Parking Rates
$6.00 First 2 hours
$30.00 Daily Max $1.25 ea.Additional 15 minutes
$30.00 Overnight
Event Prices subject to change
Monthly Rates
$85.00 Unreserved
Pricing and availability controlled by PM
Pill Valet Rates
$8.00 First 2 Hours
$3.00 Ea.Add.30 Min.
$40.00 Daily Max.
(Operation:Thursday to Sunday 12 PM to 6 PM)
N
10/17/2016
Planning Commission - November 17, 2016
Item No. 5a Additional Materials Received Lido Marina ViWg(90Yf-18WP@k1kffhtf (PA2014-002)
COMMUNITY DEVELOPMENT DEPARTMENT
F f 100 Civic Center Drive
Newport Beach,California 92660
d�
949 644-3200
41FOftN newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: James Campbell, Principal Planner
Date: November 15, 2016
Re: Item No. 5 on November 17, 2016, Planning Commission Agenda
Lido Marina Village Off-site Parking and Shuttle Plan (PA2014-002)
Condition No. 4 in the draft resolution for approval requires a parking
management review by the Planning Commission in February of 2018. Staff
would like to replace it with the following:
4. 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.
If you have any questions, please do not hesitate to contact me at 949-644-3210
or by email at ]campbell(@newportbeachca.gov.
Thank you.
Community Development Dep
Planning Commission - November 17, 2016
Item No. 5b Additional Materials Received
Lido Marina Village Off-Site Parking (PA2014-002)
Lido Marina Village Parking and Shuttle Program
Replace Condition 2 with the following:
2. 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.
Modify Condition 8 by adding the following language:
8. Prior to the issuance of a certificate of occupancy for 3450 Via Oporto (Nobu), a parking
agreement or covenant, in a form approved by the City Attorney and the Director...
Add the following New Conditions:
10. 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 front windshield of the vehicle within a
seven-inch square in the lower corner farthest removed from the driver's position.
11. 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/landlord.
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.
11
Lido Marina Village : Off- Site Parking
, r
A'
Conditional Use Permit No. UP2014-014 (PA2014-002)
Planning Commission Public Hearing
November 17, 2016 •
Planning Commission - November 17, 2016
Item No. 5c Additional Materials Presented at Meeting
-002)
Lido Marina Village
1316 sf 7 EASEMEN'
t
1197 sf 7 i 1542 sf 216 sf 228 sf 2541
756 sf 162 sf 1 '865 sf 8255f� L 0184
7996 f
/ — • 2310sf L 1J -
s .
11137sf_ 1147 sf j -1z� 48 sf; ''112$45f�
a$
ELKS ®_ 1039 f
LODGE 2244 s.f. 2171 sf 15S �—
f 620 sf 626 sf \/ 1532 sf _
15418. �.w. J L_ 1063,Jf
— _, LTJ F1639W
VlA OPORTO 341vuoroaro 1
VA
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2825 sf 2985sf �• ,�
r
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y cRouNOLEVTiTorALs
2575 sf RETAIL 28,010sf
s ®FOOOSERVIOE 17,1569f
• _- - \`.. /
28921f VIA LIDO ®RESTAURANT PATIO 4,569 sf
NAIL SALON 1467 6f
HEALTH B FITNESS 8,225 sf
sF3W O ®' TAKEOUT F&B 3.530 sf
/..,r MARKET 9A59 sf
PROPOSED
1(p 0, GROSS BUILDING
AREA
07/1_ �� 3tuvu 2
11
Shuttle Plan
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Planning Commission - November 17, 2016
Item No. 5c Additional Materials Presented at Meeting
-002)
Shuttle Pick= Up
Arrival/ s�a+kc
Departure "d Put
.a.aA�w.w�wiu nw..s.w. Drop C
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07/13/ 4
Planning Commission - November 17, 2016
Item No. 5c Additional Materials Presented at Meeting
-002)
Shuttle Drop = Off
Arrival /
Departure
Zone
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6
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nuien. . . . - A
- ,
2 4
. 1-
07 5
Planning Commission - November 17, 2016
Item No. 5c Additional Materials Presented at Meeting
-002)
LMV Parking Rates
Garage
s6 first 2 hours
$ 1 . 25 each additional 15 minutes
$3o daily/overnight
Valet
s8 first 2 hours
$3 each additional 30 minutes
$ 4o daily
Monthly Rates
s85
07/13/2012 Community Development Department- Planning Division 6
Planning Commission - November 17, 2016
Item No. 5c Additional Materials Presented at Meeting
-002)
Draft Resolution
■ Employees are not authorized to park in the Finley
tract of other surrounding residential neighborhoods
Revisions to the draft resolution :
Condition NO. 2-revised to include discount incentives for
purchasing 6 or 1z month parking passes, shopping in
LMV, enrolling in auto-payment, etc.
Condition No. 4 — Revised to allow parking management
monitoring and review at a staff level .
Condition No. 8 - Clarifies timing for recordation of
parking agreement.
New conditions zo and 11:
employee stickers and lease language
07/13/2012 Community Development Department - Planning Division 7
a
a
ti
4
M
For more information contact:
James Campbell, Principal Planner Makana Nova,Associate Planner
949-644-3210 949-644-3249 —
icampbellOnewportbeachca.gov mnova(a)newportbeachca.gov
www.newportbeachca.gov www.newportbeachca.gov