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06/11/1990 Item #F-9a
CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY F -9(a) me 6c June 5, 1990 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Newport Dunes Settlement Agreement Request for Amendment to Construct Marine Amenity Facilities C — z3 %�Z The Newport Dunes Settlement Agreement authorizes renovation of the existing marina and the construction of 200 additional slips, some of which are attached to the pedestrian bridge to be built across the mouth of the swimming lagoon. Approximately 430 slips will be available to the public upon completion of this phase of the redevelopment project. Newport Dunes is asking for permission to demolish existing marina office buildings and replace them with two structures known as the Marina Center. The Marina Center would consist of a 6,000 square foot clubhouse and a 3,200 square foot storage building. The proposed clubhouse includes space for Marina office personnel and "three distinct recreational amenity areas." The amenity areas include a television room, fitness center and club lounge. The storage building consists of large lockers, laundry facilities, vending machines and a storage area for Marina maintenance equipment. (A complete description of the Marina Center uses is attached as Exhibit A.) The Planning Department, Marine Department and this office have reviewed, and generally support, the Newport Dunes request. However, we recommend the City Council approve the proposal subject to certain conditions that will ensure the project does not increase traffic, increase the demand for parking, or reduce bay views from Pacific Coast Highway. The conditions, and the rationale for their imposition, can be summarized as follows: ()V - 2 - 1. FLOOR AREA LIMITS The clubhouse and storage and building should be limited to the size proposed by Newport Dunes. As proposed, the facilities are too small to generate additional traffic or parking demand. Specific limits on the size of the fitness center will ensure no expansion of that use. 2. USE RESTRICTIONS Use of the facilities should be limited to Marina tenants and their guests, with the City reserving the right to require Newport Dunes to prohibit, or limit the number of, guests. The limited size of the facilities provide the best protection against excessive use, but the City should reserve the right to control the number of persons permitted access to the clubhouse and storage area. 3. HEIGHT LIMIT As currently proposed, the Marina Center would slightly obstruct bay views from the highway and Promontory Point. The height of the Marina Center should be reduced to eliminate any view impact beyond that which results from the Family Inn. (See Newport Dunes Site Plan attached as Exhibit B.) 4. NO CHARTER ACTIVITIES The provision of amenities for Marina tenants could encourage some boat owners to conduct charter activities from the location. The Newport Dunes Settlement Agreement currently prohibits charter activities unless a permit has been issued by the appropriate licensing department. To ensure no additional traffic or parking demand, staff proposes to prohibit any charter activity unless authorized by an amendment to the Settlement Agreement. It is recommended that the City Council authorize the Mayor and City Clerk to execute an amendment to the Newport Dunes Settlement Agreement authorizing construction of marine amenity facilities subject to the following conditions: • e - 3 - 1. The gross floor area of the marina clubhouse shall not exceed 6,000 square feet and the gross floor area of the storage building shall not exceed 3,200 square feet. All structures shall substantially conform to approved conceptual plans. 2. The fitness room within the clubhouse shall contain no more than 400 square feet and all exercise equipment shall be located within the fitness room. 3. The clubhouse shall contain no more than two stories and the storage building shall be limited to one story. The clubhouse shall be constructed at or below the northerly prolongation of a sight line drawn from a point five feet above Pacific Coast Highway (along the section shown on the revised schematic sight plan) to the top of the north side of the Family Inn. 4. The clubhouse and storage building shall be available only to tenants of the marina and their guests and access shall be controlled through a security system approved by the Planning Director. City reserves the right to impose other conditions on, or prohibit, guest access. 5. The architectural theme of the Marina Center shall be consistent with the mediterranean style of existing Phase I improvements. 6. The pool, courtyard and related areas shall be sized, designed, and landscaped in substantial conformance with the "preliminary landscape technical plan" and all landscaping shall be maintained at a height at least five feet below the highest point of the clubhouse. 7. The written agreement between Newport Dunes and Marina tenants shall prohibit boat charters, leases or other commercial activity and Newport Dunes shall strictly enforce the prohibition unless and until charter activities are permitted pursuant to an amendment of the Settlement Agreement. Robert H. Burnham City Attorney RHB:Jg Attachments EXHIBIT A NEUJP�Ri DU��S NEWPORT DUNES REDEVELOPMENT PHASE IIA - SUPPLEMENT MARINA CENTER DESCRIPTION OF USES AND IMPROVEMENTS MAY, 1990 The County of Orange has approved plans for Phase IIA of the Newport Dunes redevelopment project - the replacement and expansion of the facilities at the Newport Dunes Marina. These plans include the complete replacement of all waterside improvements, all landside sitework and utility distribution systems, and two restroom buildings. They also call for the renovation of the existing marina office and auxiliary office buildings to bring them into architectural conformity with the balance of the project. Construction of this phase of the project is scheduled to begin in September, 1990. (Please see the Approved Schematic Site Plan which has been attached for your reference.) After evaluating the operational demands of our Marine Department, surveying current .tenants of the Marina, visiting other marinas from Newport Harbor to San Diego, and performing informal market research, 1131 Back Bay Drive • Newport Beach, California 92660 - (714) 729 -DUNE Marina Center Uses & Improvements Page 2 Newport Dunes now wishes to propose an alternative redevelopment scheme as a supplement to our approved original submittal. This new plan would involve the demolition of the existing office buildings and their replacement with a two - building Marina Center. (Please see the Revised Schematic Site Plan.) With the idea of creating a first -class Resort Marina, we have identified several needs that were not contemplated in the original scope of the project, including additional office space, storage facilities (particularly bicycle storage), and, most importantly, resort -type amenities for our tenants. The Marina Center being proposed to meet these needs will be centrally situated, in approximately the same location as the existing office buildings. It will consist of two buildings surrounding a central courtyard and connected by a trellis- covered colonnade. A two -story building on the west side will house offices and as well as many guest amenities, including clubhouse facilities and a swimming pool and spa, while a one -story building located across the courtyard to the east will provide space for storage lockers. (Please consult the attached floorplans for a more detailed understanding of these improvements.) Marina Cent Uses & Improvements • Page 3 Upon entering the 6,000 square foot Office /Clubhouse Building, guests will encounter a lobby area and front desk similar to that at the Recreational Vehicle Resort Operations Building located in Phase I. Behind this area will be a Dockmaster's office (which, because of its location, will have visibility of the entire Marina), an assistant Dockmaster's office, and a back office area for storage and accounting. This will accommodate the five people anticipated to be necessary to properly staff the expanded Marine Department. To the left of the main entrance are restroom facilities, an area for pay telephones and a drinking fountain, and stairway and elevator access to the second floor. The stairway to the second floor is housed in a tower structure which serves as the architectural focal point of the Marina Center (please see the attached elevations). After ascending the stairs, guests will enter a foyer area which will allow access to three distinct recreational amenity areas. Directly ahead is a Television Lounge with big- screen television, couches and chairs for watching sporting events, rental movies, and other entertainment. Located to the right of the foyer and directly overlooking the courtyard is a Fitness Center which will feature a variety of work -out equipment which might include nautilus -type Marina Cent Uses & Improvements • Page 4 weight machines, lifecycles, or rowing machines. The largest area, overlooking the pool, is the Club Lounge. This facility will feature a complete kitchen with buffet counter, card tables, and lounge seating. The pool area is located directly to the west of the Office /Clubhouse Building. It will feature a swimming pool, spa, and patio area with furniture such as lounge chairs and tables. This area is accessible either through the lobby of the Office Building or by means of a staircase descending from a second floor balcony running outside the Fitness Center and Club Lounge. Across the courtyard from this facility will be our Storage Building. The majority of this 3,200 square foot structure will be interior space for storage lockers. These lockers are proposed to be larger than those to be built around the perimeter of the restroom buildings (there will be a total of 60 of these two feet square by eight feet high lockers). When surveyed, a majority of our existing tenants said they would rent a storage locker if more were available and most requested that they be larger than those currently available (which are two feet square). Marina Center Uses & Improvements Page 5 Measuring four feet square by eight feet high, the new lockers will also facilitate the storage of bicycles, which was a major concern among tenants. With about 100 large lockers in addition to the 60 standard lockers already proposed, we will offer approximately 40 percent of our tenants with storage capability. Also located in the Storage Building, with independent exterior access, will be an area for washing machines and dryers, vending machines, and an ice machine. On the eastern side of the building will be a storage area for the Marina maintenance and janitorial staffs and electric carts. All facilities will be open to Marina tenants and their guests during regular office hours and available at other times through the same security access system that will be in place at the main entrance gate at Bayside Drive and the gangway gates to each headwalk of slips. The architectural theme of the Marina Center will be consistent with the Mediterranean Village style of both the existing Phase I improvements and the previously- approved restroom buildings in Phase II. The buildings will be of block construction with Marina Cent Uses & Improvements Page 6 a stucco finish and earth -tone clay tile roofs to match the existing buildings. All detailing and interior finishes will also be designed to fit into the unified project. Landscaping will be similarly consistent and will feature the promenade palms continuing parallel with the Pedestrian Promenade through the complex and accent palms running vertically through the entrance to the Center and the courtyard area. Canopy trees, shrubs, and ground cover will all be identical to other areas of the Resort. Pedestrian circulation will be enhanced through this supplemental plan by maintaining the lateral waterfront access of the Pedestrian Promenade and by improving the vertical access offered through the courtyard and colonnade. This courtyard, with its central flagpole and fountain, will also serve as a meeting /congregating area for marina tenants and the public alike. With the exception of the small area of the site utilized for the Marina Center, all other elements of the approved Phase IIA plans will remain unchanged. Marina Center Uses & Improvements • Page 7 This includes all other architectural, landscape architectural, civil engineering, and marina plans and specifications. If approvals are obtained in an expeditious fashion, construction could start on the Marina Center just after the balance of Phase IIA construction commences, currently scheduled for September, 1990. Provided that we meet this goal, the facility would be open by Memorial Day, 1991, when it is projected that the entire Marina facility will be complete and operational. Newport Dunes believes that the proposed Marina Center will create the overall resort atmosphere at the Marina that is so evident elsewhere at Newport Dunes. we are convinced that by constructing these elements, we will offer our tenants what will unquestionably be the finest Marina facility in Orange County. • • EXHIBIT B z a 0 w V V W a CL uj = Uu u Q � Z = W c L Q F a 0 a 3 W z 8 oil ill it Fj «- � ` §; in � stK )� . |! ! �[| � @ 7- �| � § \� }/ 0 . 4 . || /§) � |� � © ;•� ' . � a a f ;€ �� }111i asl 1t d w «•. . � � I| ! | |!| Q lZI- [: \§ \_ JTF ; i § )[G 2 ;[ , %4 /] ( j \ 4 / 1 ]�,[ | T 7TT.T.,, �. 4 , _ L TT, [: \§ \_ JTF ; i §