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HomeMy WebLinkAboutBahia Corinthian Yacht Club (PA2004-002) 1601 Bayside DrCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 September 8, 2005 TO: PLANNING COMMISSION FROM: Planning Department aa, Boas Rosalinh Ung, Associate Planners rung0city.newport- beach.ca. us (949) 644 -3208 SUBJECT: Review of Use Permit No. 2004 -001 (PA2004 -002) Bahia Corinthian Yacht Club 1601 Bayside Drive APPLICANT: Newport Beach Planning Department BACKGROUND On July 17, 1969, the Planning Commission approved Use Permit No. 1437 to allow Bahia Corinthian Yacht Club (BCYC) to construct and operate a yacht club at 1601 Bayside Drive. The development of the site was implemented and modified without City approval, which caused employees and visitors to park off -site resulting in parking conflicts with neighboring properties. On January 7, 2004, the yacht club filed an amendment to the Use Permit seeking approval of the prior unauthorized modification of the site plan that reduced on -site parking. The Planning Commission considered the application at several meetings due to changes in the site plan and associated parking concerns. The June 17th and August 5th staff reports and minutes are attached as Exhibit Nos. 1 & 2. On August 19, 2004, the Planning Commission approved Use Permit No. 2004 -001, allowing the yacht club to operate with a revised on -site parking design plan containing a total of 129 on -site parking spaces, an outdoor dry storage area for 100 boats and a parking management plan to increase the on -site parking arrangement to 150 spaces. The staff report and minutes from this approval are attached as Exhibit No. 3. DISCUSSION Condition No. 11 requires the Use Permit to be reviewed by the Planning Commission no later than September 30, 2005, in order to allow the yacht club the opportunity to implement all measures identified in the parking management plan, operate through the 11 peak" summer months with the conditions of approval, and establish a steady record of Bahia Corinthian Yacht Club (PA2004 -002) September 8, 2005 Page 2 J Bahia Corinthian Yacht Club (PA2004 -002) September 8, 2005 Page 3 performance for the Commission to review. Planning Commission Resolution No. 1643 is attached as Exhibit No. 4. In preparation of the one -year review, staff conducted a site inspection to the yacht club on August 10, 2005. The visit revealed the yacht club had implemented all of the on -site improvements as required. Staff also solicited input from Public Works, Traffic Engineering, Code Enforcement, Utilities, Fire, Building, and Harbor Departments regarding to the status of the yacht club's physical on -site improvements and their parking operation. The improvements implemented were found acceptable to all departments. Code Enforcement Division has received no complaints from nearby residents within the past year. Lastly, a status report was submitted by the yacht club (see Exhibit No. 5) providing a detailed account of the required site improvements and parking operation using measures stated in the approved parking management plan. The following is a summary of accomplishments achieved by the yacht club: 1. Removal of the unauthorized vehicular access control arm. 2. Elimination of reserved parking for club members has effectively increased on -site parking supply. 3. Reduction of the size of the dry boat storage area has increased on -site parking supply by 50% to 129 spaces. 4. Implementation of the valet parking plan increases on -site parking to 150 spaces for events which attendance is projected to exceed 150 people. The yacht club used valet parking on 22 occasions from November 2004 through August 2005, for weddings, club events such as Awards Night, Opening Day, Junior Awards Banquet, Boat Parade, New Year's Eve, memorial services, Easter and Mother's Day Brunch. 5. Implementation of driveway reconfiguration, trash area reconfiguration, fire department standpipe upgrades and signage. Utilization of 25 off -site parking spaces located at 1550 Bayside Drive ( Bayside Executive Suites) on weekends and holidays and after 6:00 p.m. on weekdays. Based on the information gathered and stated above, staff concluded that the yacht club has demonstrated that, with the implementation of all the measures identified in the final parking management plan required in the approved Use Permit, and proper scheduling of events, off -site parking problems have been minimized as evidenced in a lack of complaints related to parking. Through scheduling and the use of valet parking when necessary, the yacht club has successfully managed the activities at the site such that the total parking demand does not routinely exceed available off - street parking supply and the impact of yacht club operations on the neighbors has been minimized. Also, staff believes by regulating the number and size of events, the yacht club has demonstrated their ability to conduct their operations in a manner in which their available parking supply is sufficient. 7 Bahia Corinthian Yacht Club (PA2004 -002) September 8, 2005 Page 4 Public Participations /Comments The yacht club conducted a neighborhood meeting on August 11, 2005. The purpose of the meeting was to get feedback from the yacht club's neighbors as to the implementation of the parking management plan. The yacht club believes that it has the support of its neighbors. Public Notice Notice of this meeting was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of the meeting. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. RECOMMENDATION Staff recommends that the Planning Commission take public testimony and determine appropriate action. All information at this point leads staff to conclude that the yacht club has been operating in a non - detrimental fashion. The implementation of the final parking management plan and the physical changes appear to have had a positive affect. If the testimony from residents supports this conclusion, staff recommends no changes to the conditions of approval. Should the testimony from residents contradict the recommended action, staff suggests that the Planning Commission consider potential changes to the conditions or operational character to alleviate any concems uncovered during the hearing. Condition No. 11 can be modified to require another review of the yacht club at a future date. Prepared by: Submitted by: a w .tL1 R salinh Ung, Aso _Ate Planner Patricia L. Temple, PI ping Director Exhibits: 1. Planning Commission Staff Report and Minutes dated June 17, 2004 2. Planning Commission Staff Report and Minutes dated August 5, 2004 3. Planning Commission Staff Report and Minutes dated August 19, 2004 4. Planning Commission Resolution No. 1643 5. Status Report submitted by Bahia Corinthian Yacht Club dated September 8, 2005 6. Final Parking Demand Study /Parking Management Plan 9# EXHIBIT 1 PLANNING COMMISSION STAFF REPORT & MINUTES DATED JUNE 17, 2004 I CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 June 17, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner ru n,gOcity. newaort- beach. ca. us (949) 644 -3208 SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) Use Permit No. 2004 -001 1601 Bayside Drive APPLICANT: Bahia Corinthian Yacht Club REQUEST An amendment to Use Permit No. 1437 to allow the reduction of required on -site parking from 122 to 95 spaces and to increase dry boat storage from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. BACKGROUND The site has been used as a yacht club since the late 1950's. On July 17, 1969, the Planning Commission approved Use Permit No. 1437, to allow the Bahia Corinthian Yacht Club (BCYC) to construct a new facility at the subject property. The Use Permit included an approval of a parking waiver, since the site did not provide the minimum required parking. According to staff reports and minutes of the Planning Commission meetings in 1969, a total of 246 parking spaces were required for the entire facility, including parking for the boat slips, and dry storage spaces. The off - street parking calculation was based on the sum of the number of spaces required for each component of the yacht club, and no allowance was made for the overlapping activities or the fact that the peak parking demands for all activities would not occur at that the same time. q Bahia Corinthian 1 acht Club (PA2004 -002) June 17, 2004 Page 3 To arrive at a "reasonable" number that would guarantee adequate parking for the entire facility, a series of parking comparisons was conducted. Parking information at other yacht clubs was gathered and evaluated. In the final analysis, it was determined that in a multiple -use yacht club facility, the sum total of the individual parking requirements for the component uses should not be directly applied. The applicant then submitted what they considered to be a description of the "normal" use of the facility and the number of off - street parking spaces correlated with the activities conducted on site. It was assumed that the banquet room could accommodate up to 300 people (300/3 =100 cars) and a maximum of 22 employees (22 cars) would be the largest function conducted on the premises. The 122 spaces were set as the minimum requirement for the club. It was also assumed that during an event of this type, other meetings, boating, etc. would not be conducted. The Irvine Company, as the owner of the property, retained a total of 52 boat slips with the development of the yacht club. Separate parking for these boat slips was required since the slips did not belong to the club and were operated independently. As a result, BCYC was required to provide and maintain 24 parking spaces on the premises for the 31 boat slips because the parking for the remaining 21 slips was at a separate location to the west of the site. It was also decided that dry boat storage should be limited to 100 boats. Although a total of 246 spaces would have been required, the project provided 122 spaces, which was ultimately determined to be sufficient to serve both uses. To accommodate 122 spaces, the entire front portion of the property was designated for parking. The dry storage boat area was limited to the northwest corner of the property, adjacent to the club's swimming pool and the bay. The club building is situated at the southwest corner of the property, behind the parking lot. The approved Use Permit has seven (7) conditions of approval pertaining to the site development and on -site parking provisions. They are as follows: 1. At least 122 off - street parking spaces shall be provided on site; 98 of which are to be designated to meet the parking requirements of the Bahia Corinthian Yacht Club and 24 of which are to be designated to meet the requirements of 31 boat slips adjacent to the southerly corner of the yacht club site. 2. Design layout of the parking lot including the entrance%xit treatment, shall be subject to the approval of the City Traffic Engineer. 3. Landscaping plans, including all perimeter walls and fencing shall be submitted to, and approved by, the Planning Director. The landscaping is to be installed in accordance with the approved plan prior to final building inspection.. 4. Dry boat storage shall be limited to 100 boats. Bahia Corinthian Yacht Club (PA2004 -002) June 17, 2004 Page 4 5. All activities shall be those of a private yacht club. Normal usage will include but not be limited to dining and dancing as well as meetings and sailing classes. 6. On -sale liquor, including beer and wine, is permitted as a part of the activities. 7. Prior to the issuance of any building permit, the map for Tract 6927 must be approved or a parcel map for the area encompassed by this development must be recorded, including the water area designated for slip spaces immediately southeast of the yacht club site. In 1996, BCYC purchased the property and all the boat slips including access and water rights from The Irvine Company. With this purchase BCYC no longer has any obligation or agreement with The Irvine Company relating to the slips, access to the slips, or on- site parking spaces for nonmembers. BCYC now has control and use of all 122 parking spaces. Within the same year, BCYC entered into a private parking agreement with the property located across the street, at 1550 Bayside Drive. The agreement allowed BCYC's club members, guests and employees to park on this property after 6:00 p.m. Monday through Friday and all day Saturdays and Sundays. This agreement expired on April 30, 2003. In July 2003, the Code and Water Quality Enforcement Division received a letter from the property owner of 1550 Bayside Drive, requesting the City's assistance in solving an ongoing parking problem on their lot that was caused by vehicles attributable to the BCYC. The letter gave lengthy details of the private parking arrangement between the two properties that had expired, the illegal trespass and unauthorized parking during and after the lease expired, and their concerns with the club's current parking arrangement. In August 2003, the Code and Water Quality Enforcement Division contacted BCYC and conducted a site visitation at the premises. The site visit revealed that the property now has 86 on -site parking spaces. The original dry boat storage area has been expanded into the northeast comer of the parking lot and is accessible through a controlled access gate from the parking lot. Vehicle parking in this area is nonexistent. It appeared that upward of 200 sabots and boats were being stored on site where the dry storage was limited to 100 boats. The remaining parking lot was reconfigured to accommodate a center island for a gated access system at the main entrance, and the handicapped access and parking spaces that have been provided. The provision of handicapped parking was done in conjunction with a permitted kitchen remodel project in 2002. It was unclear as to when and how the decrease in parking, increase in dry boat storage and access gate took place. No approval or permits have been issued for these changes. A letter dated August 13, 2003 was sent to BCYC informing them of the violations, and a copy was forwarded to the Planning Department. The Code and Water Quality lk YK Bahia Corinthian r acht Club (PA2004 -002) June 17, 2004 Page 5 Enforcement Division also issued two citations to BCYC regarding their violations of the Use Permit during the period from October 2003 to February 2004. On October 28, 2003, the Planning Department sent a letter to BCYC, outlining staff concerns of the violations of their Use Permit and provided the applicant with different options'that they could consider. They are as follows: 1. Bring the subject property into compliance with the Use Permit by removing the unpermitted dry storage area and restripping the parking lot. 2. Amend the Use Permit to change on -site parking arrangements while possibly providing off -site parking with a neighboring property. This option requires the submittal of an off -site parking agreement application and a parking management plan to demonstrate how parking and circulation would work between the two properties.. 3. Apply for an amendment of the Use Permit to waive parking and increase the dry boat storage through a parking waiver. BCYC responded with a letter dated October 30, 2003, stating their desire to legalize the changes to the site plan (Option #3). On January 7, 2004, BCYC filed the subject application, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking spaces from 122 to 95 spaces and to maintain their dry storage boat ,capacity up to 200. The applicant choose not to augment the application, as suggested by staff, with a professional parking study or a parking management plan. Site Overview The property is located on the southwest junction of Bayside Drive and El Paseo Drive, and is approximately 2.01 acres in size. The property is zoned OS -A (Open Space Active), and is presently improved with a 25,000 square foot building, a swimming pool, and a large dry boat storage area. The main parking lot is located to the front of the property and is accessible from Bayside Drive that serves as the vehicle entrance. The site has private carded access gates located at the main entrance and the dry boat storage area. Protect Overview Bahia Corinthian Yacht Club is a private club with approximately 425 members. The club is open from 9:00 a.m. to 9:00 p.m., Wednesday through Sunday. Lunch is served five days a week from 12:00 p.m. to 2:00 p.m. and averages approximately 20 members in attendance. Dinner is also served five days a week from 6:00 p.m. to 9:00 p.m. and averages of 50 members in attendance with the main bar open until midnight each la Bahia Corinthiai Yacht Club (PA2004 -002) June 17, 2004 Page 6 evening. The club is otherwise closed on Monday through Wednesday; however the club members have access to the marina and the dry storage areas. BCYC has 35 year -round employees and 15 additional part time employees for a period of 6 weeks during the summer months. The club has an average of 20 employees throughout each day of operation. During the large events upward of 25 employees will be working at the establishment. Approximately 12 to 15 employees have access or approval to park within the club's main parking lot at any time with the remaining employees required to park outside on neighboring streets. Analysis An amendment to the Use Permit is now required since the applicant is proposing to reduce the required on -site parking spaces and to increase the dry storage boat area by: 1. Modifying Condition No. 1 pertaining to the reduction of required number of on- street parking from 122 to 95 spaces. 2. Modifying Condition No. 4 pertaining to the increase in the number of dry storage for boats from 100 to 200 spaces. 3. Modifying the approved site plan. As noted previously, this request would be the second parking waiver for the establishment. The first waiver was for the parking reduction from 246 to 122 spaces. The applicant is now requesting another parking reduction from 122 to 95 spaces. Parking and Circulation The current parking requirement for the existing facility is dictated by Use Permit No. 1437. According to Condition No. 1, the club must provide and maintain 122 spaces, 98 of which are to be designated to meet the parking requirements of the Bahia Corinthian Yacht Club and 24 of which are to be designated to meet the requirements of 31 boat slips adjacent to the southerly comer of the yacht club site. As BCYC is now the owner of the property and owns the 69 boat slips, they no longer have any obligation or agreement with The Irvine Company relating to the slips, access to the slips, or on -site parking demand for nonmembers related to the former The Irvine Company's boat slips. The City has not required additional parking for boat slips controlled by yacht clubs since it is assumed that the parking provided based upon the assembly occupancy of the clubhouse is.typically sufficient to serve the parking demands related to the slips operated by the yacht club. }.� 4X Bahia Corinthian , acht Club (PA2004 -002) June 17, 2004 Page 7 It should be noted that the Use Permit was approved with the assumption that BCYC is a private yacht club, not open to the general public by maintaining and providing boating related activities only to its members. Since then, the club is still maintaining its member -only status yet they have made the facility available to non - members activities, events, and functions such as the provision of exclusive catering services for wedding banquets and private parties, and different meeting rooms for group meetings and seminars are now often provided on the premises. Presently, the parking ratio for, clubs and lodges including yacht clubs, is one space for every 3 seats or one space for every 35 square feet used for assembly purposes. The yacht club has 3 areas used for assembly purposes: a lounge, a large dining- bahroom area and a bar. With the combined square footage of these rooms of 4,625 square feet, the parking requirement for the club is now 133 spaces (4,625/35). Since there is no designated seating plan, basing parking upon the number of seats cannot be accomplished. The assembly rooms have not changed remarkably since the approval in 1969, see floor plans marked as A -6 and A -7. The club's main parking lot currently has 86 parking spaces. Some of these spaces are substandard in size and are not located in the appropriate locations that can be accepted by the City Traffic Engineering Division. The applicant is now proposing to bring the main parking lot up to the current standards and to add parking spaces in the dry boat storage yard. The application has 2 separate site plans for the establishment, one for permanent self -park, daily usage of 95 spaces marked as A -1 and one for valet parking with approximately 120 spaces for large events and weekend functions, marked as A -1.1. Section 20.66.100, Modification or Waiver of Off- Street Parking Requirements, provides terms and conditions which the Planning Commission must consider. A parking waiver may be approved if one or more of the following conditions has been met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the sites; 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100(6); or 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. 11 Bahia Corinthian Yacht Club (PA2004 -002) June 17, 2004 Page 8 b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Finding No. 1 can not be met since there is no nearby municipal parking lot to support approval of the parking waiver. The site is being utilized as a private yacht club where no multiple uses exist yet there are different aspects of the use that exist within the same facility that operate at different times. Finding Nos. 2 and 3 could be considered if the applicant would demonstrate how the proposed number of on -site parking spaces would effectively accommodate different activities provided by the club through the submittal of a parking study and/or a parking management plan. As noted, the applicant choose not to augment the application with this information. Without this information and with documented off -site parking creating conflicts in the area primarily on weekends, it would be difficult for staff to conclude that parking demand is less than code requirements. Furthermore, it was observed many times that club patrons have parked illegally on private properties and/or along nearby streets when there were vacant parking spaces at the club. This situation highlights the fact that having parking spaces available on site would not solve the problem of club patrons illegally parking on nearby private property. A combination of sufficient parking spaces and effective parking management by the club would be necessary to ensure that the club does not encroach on nearby properties. As result, staff feels that the application does not meet any of the above findings. Therefore, staff does not support further reduction in parking and advocates that additional parking be provided. Control Access Entry Gate The club has an existing unmanned gate located at the entrance of the facility in the City. This gate was installed sometime ago and no records of any approval or permit have been found. The gate is currently situated approximately 15 feet back from the front property line or 21 feet from travel lanes. This short distance does not allow multiple vehicles to stack and no room for vehicles to turn around outside the gate is provided. Access to this gate is limited to the club's members through a card system and no electronic communication is provided between the gate and the club building. A vehicle without an access card needs to wait for a staff member to notice them and electronically open the gate. It is also noted that the majority of the club's employees do not have access to the gate and often are parked along the neighboring streets. No physical alterations are being proposed to the gate at the present time to address the above concerns. The applicant is proposing to have their staff members be present at the gate when events are scheduled that include nonmembers, to allow vehicles to gain access to the club's parking lot. This arrangement is an attempt to reduce the number of vehicles parking along neighboring streets during these periods and to facilitate more efficient access to the on -site parking lot. 15 Bahia Corinthian acht Club (PA2004 -002) June 17, 2004 Page 9 Staff is concerned with the ineffective access system that the club currently has for the parking lot. The gate is situated in an inappropriate location and is always closed, which makes on -site parking very difficult, if not impossible, for nonmembers when more than one vehicle waits to enter when the gate is closed. Travel lanes in Bayside Drive are compromised, creating potential hazards. Staff, therefore, is recommending that this gate be removed from the premises. The removal of the gate would resolve many ongoing access and traffic problems caused by the club patrons and the parking lot would be more efficiently . utilized by its members, visitors, and employees at any given time. Although the gate has been there for many years without significant incident, removal of the gate will alleviate off -site employee parking and improve traffic safety. Parking along Bayside Drive and El Paseo Drive and on nearby private properties would also be greatly reduced. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. RECOMMENDATION Section 20.91.035 of the Newport Beach Municipal Code provides that in order to approve any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use, or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort; and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff believes that the findings for approval of an amendment to Use Permit No. 1437 cannot be made based upon the inability to make the findings for a parking waiver. Ongoing off -site parking needs and parking conflicts show that more parking is needed, not less. The required 122 parking spaces should be maintained on the premises to accommodate the club and its ongoing activities. Staff does not have serious concerns with the additional nonmember activities being conducted on the premises since it is fairly typical for clubs to host these types of functions, yet these activities have increased parking demand. Adequate parking should be provided on or off -site so that it 10 Bahia Corinthian Yacht Club (PA2004 -002) June 17, 2004 Page 10 would not place any undue burden on the neighboring properties and streets. The request is not adequately justified due to the fact the applicant has chosen to eliminate a portion of the required on -site parking spaces for additional dry boat storage spaces and not provide sufficient information to validate and support their request. The effect of increasing boat storage has caused the on -site parking problem and the situation will increase overtime as the club continues to offer additional services. Staff, therefore, recommends that the Planning Commission deny the parking waiver request and require the secured access gate at the main entrance be removed from the premises. If the Planning Commission concurs with staff's evaluation and recommendation, it would be appropriate to adopt the attached draft Resolution for denial included as Exhibit No. 1. Should the Commission wish additional information before considering alternative courses of action, staff recommends a continuance of sufficient duration to allow the preparation of a parking demand and management plan by the applicant. Prepared by: 4"Vx_� R salinh Ung, A tcfa a Planner Exhibits: Submitted by: "«;t / � Patricia L. Temple, anning Director 1. Draft Resolution No. 2004 -_; findings of denial 2. Planning Commission Staff Reports dated June 19, 1969 and July 17, 1969. 3. Planning Commission Minutes Excerpt from July 17, 1969 Planning Commission meeting 4. Information provided by the applicant - 5. Letters/Correspondences in opposition of the applicant's request 6. Project Plans i� I Planning Commission Minutes 06/17/2004 Mr. Carty answered that the second story wall projects out further..4 you were to move this elevator back, you would encroach on; the second. story bedroom above. He then referred to a slide and discusse2i.,possible locations for the elevator, types of elevators, and the remodeling that would need to be done. Chairperson McDaniel asked why one of those things that run up and down the stairwell w uldn't work? Mrs. GottFurcht answered that could be an alternative. Commissioner Cole noted his aupport of the applicant as it looks like there would be no difference with the elevator as opposed to the stairwell.ti Chairperson McDaniel noted ,.fiis supprt of the Modifications Committee to deny this application. If we h e an opportunity to fix a non - conforming situation while remodeling is bye' g done, that is when we should do it. The stairwell will function just as 11 for the applicant and I don't like ove�rnding the decisions of Modifications Committee as they do a good job of looking at thes rojects and, there are alternative Motion was made bar Chairperson McDaniel to sustain the dec 'on of the Modifications Committee to deny Modification Permit No. 4- 028. f Ayes: Eaton, McDaniel, Selich and Tucker Noe Cole A ent: Toerge and Kiser bstain: None SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) 1601 Bayside Drive An amendment to Use Permit No. 1437, to allow the reduction of required on -site parking from 122 to 95 spaces and to increase the dry storage boat capacity from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. Chairperson McDaniel noted that the applicant has requested that this item be continued to July 22nd. He noted that the applicant has indicated that they want to make some changes to this proposal. Ms. Temple noted that many of the issues that members of the audience would like to discuss has to do with how the City conducts code enforcement of use permits. If The Commission would like, I can Page 22 of 29 ITEM NO.4 PA2004 -002 Continued to July 22, 2004 file: //H:\Plancomm\2004 \0617.htm 07/30/2004 I� .Planning Commission Minutes 06/17/2004 explain how enforcement of this use permit has brought us to this point. She noted that the applicant is here to reinforce their request for a continuance. This application is an outgrowth of an enforcement action that was conducted related to a complaint from a nearby commercial property relating to parking encroachment on the office building property across the street. When we investigated the complaint, we discovered that over time the operation of the Bahia Corinthian Yacht Club had been changed in terms of its site plan rather substantially. Specifically, the required number of parking spaces in the original .use permit was not being provided and that a control gate at the entries to the parking areas had been installed without approvals or benefit of building permits, and that the dry boat storage within the property was approximately twice that authorized in the use permit that came with the original construction of the club property. We in essence gave the Yacht Club two choices; one was to reinstate the site plan to be consistent with the approved site plan, or if they wanted to try and achieve what they had or something different than what was originally approved then they needed to file for a new use permit or an amendment to the existing use permit. They chose to amend the current use permit. Once someone has indicated they intend to pursue a permit amendment we essentially do not take any further aggressive enforcement action, but try to bring the application to the Planning Commission as quickly as possible. We will admit that this took much longer than perhaps it should have, but in fact it is here tonight. Public comment was opened. Bill Rauth noted that he had a notice of violation dated October 15th and is a final warning. It indicates that the violation must be corrected on or before October 29th of last year and if not corrected by that date, there will be fines of up to $500 a day and in addition it will be subject to injunction and revocation of the permit. The Club has willfully violated their use permit and were caught almost a year ago. It is time to go to the City Attorney and get an injunction. That gate needs to be open as it is not a legal gate, to let the cars that are parked on the street park in the parking lot. 15% of the current parking is reserved for officers of the Club. Those spaces sit empty and 15 cars are forced to park on the street. The boats need to be removed from the parking lot. Bayside and El Paseo are not a private parking lot of the Bahia Corinthian. It is time that action be taken. This is willful behavior on the part of the Club. Commissioner Tucker noted we are not the code enforcement but it does sound like it has been going on for a while. The applicant has requested a continuance. Ms: Temple noted that during her conversation with the General Manager of the Club, they now want time to study the situation and Page 23 of 29 file_ //H:\Plancomm\2004 \0617.htm 07/30/2004 ly Planning Commission Minutes 06/17/2004 come up with a workable solution. She strongly encouraged them that in the interim time, well through and to the completion of the Planning Commission deliberations, that they cease to use the control gates for two reasons: it would address some of the ongoing issues the neighborhood and property owner across the street have been experiencing, and it is the right thing to do. They have indicated to me that they are in agreement with doing that. As part of this continuance, I would ask the Commission to state in the motion to continue that is a considered a requirement. At Commission inquiry, she noted that the City can enforce this. Typically when we take an enforcement action if the applicant takes steps to rectify the situation we generally tend to hold things like Administrative Citations in abeyance. Depending on what the Commission thinks our posture should be, if you want full enforcement of the use permit then we will do as the last notice of violation says and until those defects occur, we will issue those citations. However, the applicant has indicated an affirmative willingness to open the gate and we did not discuss the removal of the dinghy racks. Chairperson McDaniel noted that anyone in the audience that has questions or concerns, should present them in writing to staff. Barry Levy, 113 Via Lido, spoke as the current commodore of the Bahia Corinthian Yacht Club, noting the following: . He apologized for the request for a continuation noting that he is a novice and a volunteer and thought that up this point in time they were working in good faith. . Staff told them up front that they needed to have an outside consultant perform a parking management report, but failed to have one done. . After looking at the staff report, he realized how important the parking management report would be. . There was a meeting of the board meeting last night to discuss the use of the gate and that it be closed only during the time the Club was closed. They will open the gates starting tomorrow. Chairperson McDaniel noted that he would like to see that gate up and remain up as a start to rectify, the many problems. A lot of changes are needed. Volunteer or not, you have been given letters saying last call and nothing has happened. He is bothered by this a lot. Ms. Temple noted that on the issue related to the parking management study, it is typically not necessary to lower or use the gate for that kind of analysis. The kinds of issues surrounding the Page 24 of 29 file: //) i:\Plancomm\2004 \0617.htm 07/30/2004 .Planning Commission Minutes 06/17/2004 gate really are more function and operation geometric issues: sufficient stacking distance, are the turning radiui correct, and for the purpose of estimating the parking demands of the Club, it is best to not have the gate down because persons wishing to access the facility are likely to try and park very close which is actually the onsite parking lot. Since the gate has no permits on it, there is no way to research any issues related to the gate. The gate was not approved in the use permit and they also did not get a building permit for it either. Mr. Levy answered he sees the point. As his role of Commodore, the list of complaints and issues goes back twenty, thirty years that we are inheriting. The quantity of boats, how it's been staged, and the layout of the land is pretty much the same going back for years. Not that it is right, but we. are very concerned with our reputation and are very involved with fund raisers and involved in the harbor and they care. In all honesty, they really did not know how to handle this. Staff told us we were wrong, but we did not understand it, now we do. We appreciate that we can have a continuance to get all the facts to staff and we are willing to come back when you want us. Ms. Temple noted that the date would be July 22nd because that would be five weeks and time enough for this item to come back to be heard with all the information needed. Depending on the findings and recommendations of the report it may take longer because they may have to prepare new plans if there is a recommendation to say reorganize the parking lot or reduce the dinghy storage. It is a doable timeframe if everyone is diligent about it but at that point we can further decide to continue. However, we want to keep this as short a period of time to keep the pressure on. She then recommended that the Club hire a planning professional to make this happen. Mr. Levy noted that there are a lot of assumptions that need to be clarified. We want to give all the information that we can and will keep in touch with staff. We are serious and want to do a good job on this. Motion was made by Commissioner Tucker to continue this item to July 22, 2004. The Planning staff should continue to do what they do in the ordinary course of things. This has been outstanding for a long time and is not fair to the neighbors and the people who are having problems to just extend this item longer, so you better plan on a decision being made on the 22nd. The pressure is on and you have had eight or nine months to address these concerns. Mr. Levy noted that he or any member of the board are available to speak to any of the neighbors, they are welcome to come to the facility and make an appointment to sit down and address their concerns. We consider ourselves to be good neighbors. At Commission inquiry, he agreed to leave the gate open. Vince DeNido a neighbor three doors down noted he is not happy that Page 25 of 29 file: //H:\Plancomm \2004 \0617.htm 07/30/2004 of Planning Commission Minutes 06/17/2004 this item is being continued because of the parking being done on El Paseo. He asked that the enforcement be continued on this. Brian Carlson, General Manager of the Club, noted he has gone through revisions for a long time and he blames the City for the continuance. The staff report shows no respect or support from staff for what has been done so far. The reason we need the continuance for a study is to show that we don't need as many spaces on a daily, weekly or monthly basis for certain time periods. We do have large events, so we do need those spaces but we are perhaps adding valet parking to get those cars off the street. The gate access should be kept to business hours. During the hours we are closed, we do not have security measures into our marina or dry storage area. Anybody can drive in and take a boat away. I have no problem opening the gates during the business hours. At Commission inquiry, he noted he would not have a problem with opening up the reserved spaces for parking. Nick Clayton, owner of the office building across the street says he is the recipient of the overflow parking that occurs from the Club. We agree with staffs recommendation, who have done an excellent job in reviewing this issue, and agree with the conclusions. We hope you will restore the parking spaces that are missing and restore the reserved parking spaces and require the Club to keep the gate open. It will be extremely helpful to my operation across the street. It is an unsafe situation with the gate being there as people drive the wrong way through our parking lot to drop off visitors to the club. Val Skoro, resident of Irvine Terrace noted the key issue is the Club using Irvine Terrace as their parking lot and that infringes on the residents and results in litter in the streets. The key point is they have to restore the parking on their own premises. Anything less than that would be unacceptable to the neighborhood. The gate needs to be removed. David Allison, 1629 Bayside Drive, noted that staff should take an aggressive role in enforcement. Ms. Temple commented that this is by far the most opportune time for the type of study that needs to be done because we are going to understand the use of the club parking during its peak season. Elizabeth Wardy, Judge Advocate of the Club, noted that there is another yacht club in the neighborhood that has parking on the street. We will do everything we can do alleviate concerns, but the parking problem is not necessarily all our fault. Dave Hook, 1617 Bayside Drive noted his concern with the parking and trash during special events. Public comment was closed. Chairperson McDaniel asked if the maker of the motion would include Page 26 of 29 file: //H:\Plancomm\2004 \0617.htn 07/30/2004 Planning Commission Minutes 06/17/2004 Page 27 of 24 the gate open during business hours only and the use of the reserved parking spaces be discontinued. Commissioner Tucker noted he has no objection to the Planning Director enforcing the existing use permit for the club. Whatever is feasible to enforce is up to the Planning Director. He agreed to the gate being open during business hours and the use of the reserved parking spaces being discontinued. Ayes: Eaton, Cole, McDaniel, Selich and Tucker Noes: None Absent: Toerge and Kiser Abstain: None SUBJECT: Mariner's Mile Landscape Amendment (PA2004 -104) ITEM NO.5 Commercially designated properties fronting on Coast PA2004 -104 Highway between MacArthur Boulevard and the Bay Bridge Recommended An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related for approval to landscape requirements. Public comment was opened. Public comment was closed. Motion was made by Chairperson McDaniel to approve Code Amendment 2004 -006 to the City Council by adopting the draft Resolution attached to the staff report. Ayes: Eaton, Cole, McDaniel, Selich and Tucker Noes: None Absent: Toerge and Kiser Abstain: None SUBJECT: St. Andrews Presbyterian Church Expansion ITEM NO. 6 (PA2002 -265) PA2002 -265 600 St. Andrews Road Continued to Request for a General Plan Amendment, Zone Change and Use 07/22/2004 Permit for the replacement and construction of additional buildings and a below grade parking garage. The General Plan Amendment involves an increase the maximum allowable building area with no change to the existing land use designation. The Zone Change would change the zoning district from R -2 & R -1 to GE1F to be consistent with the existing General Plan, Land Use Element designation. The Use Permit involves the alteration of existing buildings, replacement of the existing fellowship hall and classroom building and the file: //H:1Plancomm1200410617.htm 07/30/2004 EXHIBIT 2 PLANNING COMMISSION STAFF REPORT & MINUTES DATED AUGUST 5, 2004 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 August 5, 2004 TO: PLANNING COMMISSION FROM: Planning Department �'�� ���� Rosalinh Ung, Associate Planner rung C�3city.newport- beach.ca.us (949) 644 -3208 SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) Use Permit No. 2004 -001 1601 Bayside Drive APPLICANT: Bahia Corinthian Yacht Club REVISED REQUEST An amendment to Use Permit No. 1437 to allow the increase of required on -site parking from 122 to 129 spaces and to maintain 100 boats in the outdoor dry boat storage area. BACKGROUND The applicant originally proposed an amendment to Use Permit No. 1437 to allow the reduction of required on -site parking from 122 to 95 spaces. and to increase dry boat storage from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. This application is related to the operation of Bahia Corinthian Yacht Club which has been altered substantially in terms of its site plan and on -site parking provisions since the early 1970's. Specifically, the required number of parking spaces was not being provided; a control gate at the main entry to the parking lot had been installed without approval; and the dry boat storage area within the property was approximately twice the approved size authorized by the use permit for the yacht club in 1969. Additionally, the yacht club has opened the facility to the general public. This change in operational characteristics has increased the intensity of use and has resulted in increased parking demand in the area that has not been accommodated on -site due to the unauthorized reduction in parking and the access controls of the parking lot. On January 7, 2004, the yacht club filed the subject application to legalize the changes to the site plan, to reduce the on -site parking spaces from 122 to 95 spaces and to maintain their dry storage boat capacity up to 200. The applicant chose not to augment the application with a professional parking study or a parking management plan as suggested by staff. a5 Bahia Corinthian . acht Club (PA2004 -002) August 5, 2004 Page 2 After receiving public comments at the scheduled June 17, 2004 meeting, the Planning Commission continued this item, as requested by the applicant, to July 22, 2004.. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. On July 19, 2004, the applicant submitted a revision to the previously submitted application. The augmented application consists of a revised site plan showing a new o -site parking design and a parking demand study /parking management plan. The applicant proposes to reduce the dry boat storage area and provide a total of 129 on- site parking spaces, and maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to the August 5, 2004 meeting to allow additional time for review of the new material. DISCUSSION The augmented application contains a revised site plan showing a new on -site parking design for the Bahia Corinthian Yacht Club and a parking demand study /management plan prepared by The Mobility Group. The applicant is proposing to implement their proposal with the following measures: Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. 2. Eliminate all reserved club member parking. 3. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the original use permit. 4. Add a total of 48 striped parking spaces through the reuse of the dry storage area and other on -site alterations for a total of 129 on -site spaces which exceeds the original Use Permit requirement of 122 spaces. 5. Increase the total on -site parking from 129 to 150 spaces through the use of valet parking. 6. Implement the parking management plan of the prepared parking demand study which balances available parking with the utilization of the yacht club. Revised Site Plan The revised site plan shows the overall proposed site improvements to the yacht club, mainly to the existing parking lot and the dry boat storage areas. In addition to the elimination of the access gate at the main entrance, the applicant is proposing to reduce the size of the existing dry boat storage area and reconfigure the loading dock and trash L ' Bahia Corinthian . -dht Club (PA2004 -002) August 5, 2004 Page 3 areas to provide a total of 129 parking spaces for the yacht club. The existing parking spaces in the parking lot are proposed to remain as currently striped. Of the 129 spaces, 119 spaces will be available at all times for use by the patrons and 10 spaces will be provided inside the gated dry storage area for employees. The use of valet parking is also proposed when necessary based on anticipated attendance at the yacht club. A total of 21 additional parking spaces will be provided under this arrangement. The valet pick -up /drop -off will be conducted at the front door of the club, where the existing parking aisles provide the necessary queuing for vehicles. With the valet parking arrangement, the site could provide up to 150 parking spaces. The remaining dry boat storage area will be limited to the northwest comer of the property, at the same general location as originally approved by Use Permit 1437. This area will be gated and accessed only by the club members and employees. The applicant requested that the permitted number of boats stored within this storage area be limited to 100 watercrafts. This request is to clarify the ambiguity of the allowable number of boats stored on the premises specified in the original Use Permit as the yacht club stores small boats inside the clubhouse at the lower lever and larger boats outside. There are approximately 100 small watercrafts, mainly sabots and dinghies /tenders, and a few kayaks currently stored in the basement level of the clubhouse. With the changes proposed in the revised site plan where the access to the dry boat storage area and the main parking lot is limited, the Fire Department is requiring the applicant to either relocate the existing dock fire protections or provide new fire connections at Bayside Drive. This requirement has been included as an condition of approval in the attached draft Resolution. As proposed, the removal of the control access entry gate helps to eliminate a potential hazard and vehicle maneuvering conflicts at the entry point to the site and will facilitate better vehicle access to the on -site parking lot, thereby reducing off -site parking problem along neighboring streets. The increased on -site parking by reducing the dry boat storage area is more than required by Use Permit No. 1437, and with the implementation of valet parking the on -site parking will be increased to 150 spaces. Parking along Bayside Drive and El Paseo and on nearby private properties by patrons of the facility should be greatly be reduced. Staff supports the gate removal proposal and has no concerns with the proposed number of boats stored outside within the dry storage area to be limited to 100 boats. However, should additional on -site parking be considered necessary, reducing the dry boat storage area further would be necessary. Parking Demand Study / Parkin4 Management Plan Beside the normal boating- related activities, the addition of nonmember activities, such as Rotary Club meetings and social functions, conducted on the premises have increased the parking demand and changed the operational characteristics of the private yacht club. The a1 Bahia Corinthian, iacht Club (PA2004 -002) August 5, 2004 Page 4 applicant demonstrates how the proposed number of on -site parking spaces would effectively accommodate the majority activities now being conducted with the submittal and implementation of a parking demand study /parking management plan (Exhibit 4). The parking study takes into considerations the actual parking demand and use counts and observations in conjunction with an analysis of the operational characteristics of the yacht club.`The study also considered available records which resulted in an analysis of normal and routine use of the yacht club by the members, all the club's sponsored events and functions, and all guest events conducted at the yacht club within the past year. The study identified a parking need for the yacht club in the range of 131 to 180 spaces. This range takes into consideration the City parking requirement of 131 spaces (one space per 35 square feet of assembly area located on the main level of the club house) and the estimated parking need by conducting actual observations of parking occurrences at the facility, i.e. a peak weeknight, a typical weeknight, and a peak weekend day during the summer. Parking for 160 automobiles covers most circumstances at the club, and 180 spaces for most of the peak needs. Lastly, the study identified that there will be limited number of times during the year when street parking will still occur for the annual City-wide events like the Ensenada Race and the Christmas Boat Parade. Securing additional off - site parking for these occasions should be considered. The findings from the study are summarized as follows: • The request for a parking reduction to 95 spaces as previously proposed would result in insufficient parking for the yacht club. • The use of the control access entry gate often restricts access into the parking lot to only members, which then necessitated visitors and employees to parking off -site. • The use of reserved spaces for club officers often meant that needed spaces remained vacant while forcing non club officers to park elsewhere, often on the public streets. • The six measures as proposed by the applicant would provide sufficient parking on- site for the majority of club activities and functions. • A parking need of 160 spaces covers most circumstances at the club, and 180 spaces covers most of the peak needs. • The 150 spaces provided on -site would not be adequate for all of the functions that were held at the yacht club during the last year. At this time, no agreements have been entered into with any off -site locations; therefore off -site spaces cannot be incorporated in the club's parking supply. The applicant is activity seeking off -site supply and it is possible it may become available in the near future. Bahia Corinthian . acht Club (PA2004 -002) August 5, 2004 Page 5 The parking management plan, therefore, proposes to prevent parking demand from exceeding the parking supply for most functions through the adoption of speck occupancy limits for weekdays and weekends. The applicant would determine on a weekly basis the expected number of attendees, and the overall parking demand for each day based upon past experience, and will determine when valet parking will be needed, and whether or not the size of events should be curtailed. The parking management plan also identified the following measures which the applicant proposes to implement: The new employee initiation program will include a section addressing appropriate parking location and procedures. 2. Employees will be provided with a card or code to open the parking to the secured boat storage area for employee parking. 3. Written communications will be prepared and sent to each member of the club which will detail the parking policies of the club. This or similar communication will thereafter be sent to each member once a year. 4. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. 5. All non - emergency professional (outside vendors) boat maintenance activities are to be conducted between 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. Loading activities at the club will be restricted to periods of the day when parking demand is low. Conclusion The applicant proposes to limit the total person attendance (member dining and outside functions) at the clubhouse to levels that can be accommodated by the on -site parking supply. In staffs opinion, the implementation of this proposal is problematic in terms of enforcement as it relies on occupancy limits (that are far below the building occupancy limits) based upon anticipated vehicle occupancy. Since the concern of the application is parking, staff suggests the simpler technique requiring that all parking occur on -site. This technique will still require a commitment by the applicant to anticipate parking demands and schedule events accordingly. The applicant has indicated that they are prepared to regulate the number and size of events and they will limit the number of dining activities as necessary to alleviate parking conflicts. 11 Bahia Connthiai. lacht Club (PA2004 -002) August 5, 2004 Page 6 Staff believes that with the implementation of all the measures identified in the augmented application and proper scheduling of events, off -site parking problems can be minimal for the majority events. Other alternatives do exist however. Increased on -site parking can be accommodated through further reduction of dry boat storage area. Additionally, events open to the general public can prohibited or limited in some degree. Additionally, staff suggests that the application be conditioned with a six -month review by the Planning Commission from date of approval to ensure that adequate operation and coordination of the events and activities occurring on -site does not exceed the on -site parking provided. Public Participations /Comments With the assistance from the consultant, the applicant has interacted with the Bayside Drive and the Irvine Terrace residents to identify parking and traffic related issues and worked to identify possible solutions for the yacht club and nearby residents (Exhibit 5). Staff has received comments from the general public (Exhibit 6), mainly from the residents of Bayside Drive and El Paseo Drive. Mr. Bill Rauth submitted a letter on behalf of the residents dated July 6, 2004, expressing their concerns of the proposed application. This letter has been forwarded to the Planning Commission and to the planning consultant firm representing the applicant on July 6, 2004. Mr. Rauth also submitted another letter via email on July 28, 2004, to staff and the Planning Commission, expressing concerns with the parking demand study and parking management plan. Staff also received letters in support of the application from The Leukemia & Lymphoma Society and Southern California Yachting Association (Exhibit 6). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the subject property is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. RECOMMENDATION Staff recommends approval of the request subject to the implementation of the revised site plan and parking management plan. A draft Resolution of approval containing the proposed conditions for the amendment as well as the original conditions that are still applicable to the establishment has been prepared and is attached. 30 Bahia Corinthian ..6ht Club (PA2004 -002) August 5, 2004 Page 7 Prepared by: Submitted by: salinh Ung, Ass ciate Planner Patricia L. Temple, tanning Director Exhibits: 1. Draft Resolution No. 2004 -_; findings of approval 2. Planning Commission Staff Report dated June 17, 2004 3. Planning Commission Minutes Excerpt from June 17; 2004 Planning Commission meeting 4. Parking Demand Study /Parking Management Plan 5. Neighborhood Outreach 6. Public Comments 7. Project Plans 31 Planning Commission Minutes 08/05/2004 Page 2 of 23 oes: None A eni None Abs 'n: HEARING ITEMS SUBJECT: N\Sports Museum (PA2004 -092) ITEM NO.2 enter Drive PA2004-092 General Plan Ancrease entitlement in Statistical Area L1 to facilitate Recommended the expansion ewport Sports Museum. for approval John Hamilton, e he had read the findings and conditions and is agreeable to them. Public comment was opened. Public comment was closed.6V Ms. Temple clarified the planning application d on the agenda was incorrect. It is correct on the staff report. Mr. Ramirez noted that the public notices that wut also had the correct \md number. Motion was made by Commissioner Toerge to recommend proval of General Plan Amendment No. 2004 -001 and Use Permit No. 2004 -017 to e City Council. Ayes: Eaton, Cole, Toerge, Tucker, Selich, McDaniel"aah Daigle None Noes: None Absent: None Abstain: SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) ITEM NO.3 1601 Bayside Drive PA2004 -002 An amendment to Use Permit No. 1437, to allow the reduction of required on -site parking Continued to from 122 to 95 spaces and to increase the dry storage boat capacity from 100 to 200 boats. 08/19/2004 The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. Ms. Rosalinh Ung, Associate planner noted the following: . The original application received for the June 17th meeting was to amend the 1969 Use Permit in order to reduce the required on -site parking and to increase the dry boat storage area as a result of an un- permitted change to 3a file : //H:1Plancomm\200410805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 3 of 23 the club's operational characteristics. *Following the public testimony of June 17th, the Planning Commission continued this item to June 22nd to allow the applicant to augment their use permit application with a parking study and parking management plan. . The Commission directed the applicant to cease the operation of the un- authorized control entry gate and to discontinue the use of the reserved parking spaces on -site. . On July 19th, the applicant submitted a revised proposal to staff. . The Commission continued the meeting to August 5th to allow staff time to review the new material. . For consideration tonight, there is a modified application containing a revised site plan showing a new on -site parking design for the yacht club, a parking demand study and a parking management plan. The applicant proposes to remove the access gate located at the main entry way, eliminate all reserved club parking, eliminate a portion of the dry boat storage for. parking in a manner consistent with the original use permit and provide a total of 129 parking spaces on -site and increase that number to 150 through the use of a valet parking arrangement. . The outdoor dry boat storage will be limited to the northwest corner of the property, the same location noted in the original 1969 use permit. . The proposed physical improvements to the site will provide better vehicular access to the on -site parking lot, thereby reducing off -site parking in the neighborhood streets. . Staff supports these proposed changes as demonstrated on the submitted site plan. . The applicant informed staff today that they have successfully secured off -site parking from the property across Bayside Drive. This provision will alter slightly the parking supply provided by the applicant, which has not been identified or addressed in the staff report or through the conditions of approval. The revised resolution forwarded to the Planning Commission yesterday was a draft to address and clarify some of the concerns and comments raised by Commissioner Eaton and our City Attorney. . The revised draft resolution did not contain any changes proposed by the applicant. ' . The 2nd revised draft resolution before you now contains most of the changes I ' 33 file: //H:\Plancomm1200410805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 4 of 23 proposed by the applicant. Staff has had an opportunity to review these proposed changes and most of the changes are acceptable. However, there are several conditions that staff would like the Planning Commission to discuss tonight. • Staff is also proposing minor changes to finding number 4 per the City Attorney's direction. • She then introduced Paul Ireland; from 'Hogle Ireland and Michael Bates from the Mobility Group who prepared the parking documents. Chairperson Tucker asked about the Code parking requirements for this facility the way it is operated today. If they had 166 parking spaces, would it be correct to say all the use permit language on parking would not be necessary? Ms. Ung answered, noting hand written page 41 of the Parking Study and Parking Management Plan, that the 166 parking spaces is considered to be the total number of parking spaces required on -site if you calculate all the assembly area of the first and second floors of the establishment. The original staff report of June 17th calculated only the main floor area, which is the largest assembly area, and that is where the 131 parking spaces came from. If you calculate all the assembly areas that comes to 166 parking spaces per code. Commissioner Cole asked why the requirement was only 122 spaces for the original use permit? Ms. Ung answered at that time everything was computed on -site per the City Code, which equated to 146 parking spaces. A survey was done of all the parking provisions within the yacht clubs in the City and they found that the parking for those facilities was lower than what the Code required. The Use Permit approved in 1969 essentially gave a parking waiver based on the logic of controlling the number of people in the main assembly area plus the number of employee parking to be provided at that time. That is how the 122 parking spaces were derived and included the parking provision for the boat slips that were under the control of The Irvine Company at that time. Now, the boat slips are controlled and owned by the applicant. Commissioner Eaton asked if the Parking Management Plan will regulate what the occupancy can be with the off -site parking and if so, do the conditions provide that the Parking Management Plan has to be complied with? Ms. Ung answered the way it is written the Parking Management Plan provides a mechanism to have the flexibility on -site through self parking as well as valet parking and the ability to seek additional parking off -site and using the ratio identified in the parking plan will regulate what is on -site in terms of occupancy. Ms. Temple noted that the issue related to ongoing and numerous potential changes to conditions for approval and based upon testimony and discussion and direction given to staff, staff may request that while the public hearing could be file: //H: \Plancomm \2004 \0805.htm 09113/2004 Planning Commission Minutes 08/05/2004 Page 5 of 23 closed, staff could be directed to bring back a final resolution with final refined conditions of approval at the next meeting. Given the interest in this project and some of the difficulty in understanding some of the old conditions, we would like to make sure that they are structured exactly right so that they can be administered easily. In this particular case, it is important that the Commission gets the opportunity to look at the final words and make any other adjustments consistent with their decisions. Chairperson Tucker noted he does not want to look at these on the fly. He wants the conditions to be clear, as staff does. He then asked about the agreement across the street, is it an off -site agreement or an agreement where if they have the need to exceed the parking that can be accommodated on -site for a given event, they then go across the street to use those spaces on an as needed basis so that when we are viewing the total parking spaces that the club has, it not only includes the spaces that are on the club's property but the spaces across the street as well? Ms. Ung answered that the off -site parking information provided to staff and included in the staff report and the analysis was not focused on the off -site parking arrangement because at that time the applicant wasn't sure they would be able to accomplish that. It is always in the background that the off -site parking would be the ideal situation for them, but it is not required parking spaces that the club has to provide. They volunteered to essentially enforce their own operation by the number of parking spaces that are available on -site. If they secure additional parking off - site then they would be able to increase the activities and the occupancy based on the parking ratio that is identified in the Parking Management Plan. If they have a meeting function they can increase the parking allowance by one car for one person, if it is for a social event, then it is two for one. That is how they tailored that plan to that portion for off -site. For any additional future parking, that can be secured elsewhere. The applicant can give you more information, as he can expand on the numbers and requirements. There are about 25 self parking spaces available across the street, with a valet configuration, it is about 32 -33. Staff has not been able to look at that off -site parking location as yet. Commissioner McDaniel noted he would like to know the conditions of this off -site parking agreement as they lost it once before. If they lose it again, what will happen? It makes it difficult to approve something without all the necessary information. Chairperson Tucker noted that the applicant's ability to have extra occupancy will be based upon having the use of those spaces. We should be able to tailor the conditions to meet that set of circumstances. Senior Planner, James Campbell note: Conditions are not set up to regulate occupancy as there is not necessarily a link between the number of cars parked and the number of people occupying the facility because people are out in the boats. . For administration purposes it was felt it was far easier for staff to deal with it P file : //H:\Planconun1200410805.htm 04/13/2004 Planning Commission Minutes 08/050004 Page 6 of 23 on a vehicle count basis. It would allow greater flexibility for occupant load as it would not reduce the occupancy in the building when there wasn't a parking problem. As long as they have the required number of parking spaces, occupancy is not the issue, the sufficiency of parking is. That is how the conditions have been structured. . We don't have a copy of the off -site parking agreement. Commissioner Daigle asked about the 129 spaces and then 10 spaces to be provided inside the dry storage area in condition 7. Has it been considered to convert other areas into 10 spaces for employee parking and then segregate the storage area so that there is a distinct physical boundary between what is boat storage and what is parking. Ms. Ung answered that many different configurations of the parking layout were reviewed. Given the site constraints and needs, the applicant has made an effort to return the site layout to the originally approval in 1969; however, there is still not enough parking. The applicant is proposing to carve out some of the area inside the gated dry storage area for additional parking that works for ingress and egress for employee and/or valet parking only. Isolating the boat storage is too hard to achieve. Mr. Paul Ireland of Hogle Ireland, representing the applicant noted the following: . Thanked the Commission for the opportunity to address the neighbors' and Commission issues and concerns raised at the June meeting. . The set of actions now proposed are different from the original proposal in June. . The club, by operating outside of the provisions of its conditional use permit (CUP), has impacted homes on Bayside Drive and a few of the neighbors in Irvine Terrace. . This has given the impression to the community that the club doesn't care and that is neither the projection it wants to make nor the reality. . The club has conducted a parking study since June. The results confirm what your staff has told you and that is 95 spaces proposed in the initial application are inadequate to handle the traffic on -site. . The CUP approved in 1969 required 122 parking spaces on -site. The club has been operating for the past 32 years with only. 86 spaces. . The club did not realize it was operating outside of its CUP until last year. file: //H:\Plancomm\2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 7 of 23 • We have been working with the neighbors and the club for the past six weeks with two objectives in mind. First, is to be sensitive and responsive to the rights of the neighbors. Second, preserve the rights of its club members (346) to operate within the provisions of the Zoning Code. • To resolve the issues so far: conducted parking study done giving actual counts and observations during one of the busiest times of the year; removed the gate to the parking; eliminated all reserved parking spaces for officers in the club, which opened up eleven spaces; and the club employees are to park on -site. • Additionally, we are increasing the number of striped parking spaces on -site from 86 to 129. We have done some modifications within the existing parking area itself by eliminating some of the boat storage area. We have increased the on -site parking by 50% over what it was before with an increase of 43 spaces. • When more parking is required, additional parking will be supplemented with 21 valet parking spaces on -site. • Since the last report was written in June, the club has reached an agreement with the owners of the office across the street and this will provide the club with an additional 28 striped spaces and probably 4 valet parking spaces. • We are now looking at parking over 180 cars with all of these proposed changes. This amounts to an increase of more than 100% for parking. In combination with the other issues that we have addressed, such as the gating, etc., this should address the vast majority of the objections. • The club has already given notice to the boat owners in the dry boat storage area that their contracts will expire this month. 'This will allow the club to complete all the site improvements within 60 days although we are asking for one exception to that and that is the entry into the club facility itself, which we believe will both disrupt the neighbors and our own operation, and we ask that this be delayed until January when the club will be basically shut down. • Many of the employees are now parking in the dry boat storage area to alleviate on- street parking. • Through a combination of letters, emails, telephone conversations, and small and large group meetings, we have been working with the neighbors to improve the parking situation and I think we have come up with things that really do work. It is a balanced plan and a fair plan. • The events to be held at the club will be restricted by the availability of parking at the club. This approach is more fully detailed in the parking management plan that has been prepared. • Through the increase of the on -site parking spaces, additional valet parking file: //H:\Plancomm \2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/7004 Page 8 of 23 and additional parking across the street and changes in the operational characteristics of how the club intends to use the parking lot itself with monitoring of attendance, we are convinced the problem will be resolved. The actions the club has taken proves it is a good neighbor. He then asked that the Planning Commission approve the use permit. Mr. Barry Levy, Commodore of the Bahia Corinthian Yacht Club, noted the following: • The club should have hired professional planners in the beginning. He then apologized to staff and to the neighbors for any inconvenience. • He noted that the club has now hired Hogle Ireland to help the Club address the concerns. • The boat storage had been increased at the expense of parking on -site in the first years of the club existence. • The intensity of club utilization varies year from year, this is a banner year. • BCYC encourages boating in the harbor, supports the Christmas .Boat Parade, the Fourth of July Old Glory Parade, the Newport to Ensenada NOSA event and also will be hosting one of the Corona del Mar centennial events. They also host a variety of community organizations and functions for meetings at no cost. • BCYC cares and gives back to the community. • The Board members present will be the future commodores and are committed to operating their club within the City guidelines. • The proposal that is before you tonight will reduce the parking congestion on the streets. • He concluded by asking that this plan be approved as submitted. Commissioner Toerge, referencing the staff report, asked about the facility being open to the general public, when did that occur and how does the facility operate differently since that occurrence. Mr. Levy answered that the club has operated the same way for thirty years and is not open to the public. They operate as a yacht club and open the club up to community events. We do have wedding events where members can sponsor a friend or relative to use the facility and have had at times, quite a few. Generally, they are scattered throughout the year. However, part of their new programming through planning will adjust our functions. There have been no changes to the By- Laws. We do not want the club open to the public, only to planned events that we control. 3$ rile: //fl:\Plancomm12004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Commissioner Selich noted he would feel more comfortable with the 166 required spaces rather than relying on a parking management plan. Looking at the site plan, the boat storage area has a travel lane. It seems it would be easier to get more spaces in there and with valet parking you would be able to come up with 166 spaces. How much boat storage would you lose if you lost that space and what is your criteria for boat storage? It seems like it's pretty expensive land to be storing large boats and trailers on. 1 am looking at parking first and storage second. How many boats are currently parked in that area now? Mr. Levy answered approximately 20 boats are stored in that smaller area now. The yacht club has multiple size boats, some are very small dinghies that can be stacked, a lot of them are junior boats (18 feet long), and a variety of classes of boats up to the 30 foot range. We invested in a crane to be competitive with other yacht clubs in the area. The larger boats are specific class racing boats. The club members need these boats for their activities as a yacht club. Commissioner Daigle noted her concern of the parking that has increased in demand but with a decrease in supply. She noted the off -site agreement for the 25 spaces, in the past those agreements did not last. If the agreement does not last, how would the club respond to that? Mr. Levy answered that if the agreement does not last, we are prepared as an organization to make adjustments in scheduling. We have addressed that and would like the opportunity to negotiate with other people, possibly build a parking structure, but these would take time and money. We are currently operating with more attendance than we ever had, but it is cyclical. This year is a banner year and there has been a lot going on. Commissioner Daigle, referencing the site plan, asked about the possibility of moving the gate so that dry storage is behind the gate and parking is clearly defined. Mr. Levy answered that there were many discussions and many configurations. The reality is that it must fit into our guidelines for space sizing and room for cars backing out. The room along the building front has had parking; however, now there is no parking there because it is not to Code, the cars can not back out. That is the problem we have. We have a group of people who have tried various configurations and have worked with the consultant. Maybe we can get waivers because we have been doing this for thirty years, I don't know. The professionals need to look at this and work with the City. Commissioner Daigle noted that traditionally parking has been linked with occupancy and the amount of square footage. Yet, there are events that may not use the facility such as sailing races. So when you look at a yacht club, it is more than just a facility, it is a gateway to the bay and the ocean. Is there a way to link parking to events is a sentiment that has been brought up. Page 9 of 23 Mr. Levy answered that the club changes month to month. We have to be versatile in order to survive. This is the first time in thirty years that we are here. We can I q 7J file: //H: \Plancomm\2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/9004 Page 10 of 23 work things out with our neighbors. Michael Bates of the Mobility Group, preparers of the parking study, noted the following: . Many discussions were held regarding the conditions. It is a simple process to manage space count and what we have given the club is the tool to accomplish that measure. . In the report, we related certain lot sizes to certain thresholds of activities in the club house. That had to be made on certain car occupancies which we feel are reasonable assumptions based on the observations that have been made. . The difficulty of having operating conditions based on building occupancy is that if they are able to achieve more people per car, then in effect it is a false operating procedure, because the real issue is the number of cars in the lot, not the number of people in the building. That is the City standard. . We have come to the conclusion with City staff that the conditions as agreed in terms of management to space count is the best way to go. . The information in the report has given the club the mechanisms and tools they need to manage their activities on -site to meet those space requirements. Commissioner Eaton asked for details of the off -site agreement. Is there 27 or 28 and what are the terms of the lease, how long will it last, is it renewable and what are the priorities? Mr. Ireland noted the parameters of the parking agreement are: It is after six in the evening and all day Saturdays and Sundays and provisions for some holidays when there is no conflict with the office building. . It is a two -year agreement with a succession of years in advance. For example, the club is entering into a two year agreement now and one year from now we will see if it will be extended for another two years. If not, then the agreement will terminate one year after that. There will be a minimum of two years and hopefully successive two years thereafter. . If it does terminate, the provisions of the parking management plan kick back in again and basically the club will be restricted with regard to the size for events that it can hold at the club. . I counted 28 spaces available at the off -site location across the street and with another 4 -5 with valet parking. The total should amount to in excess of 180. . The sequence would be to fill up the 129 spaces on -site first then the open file: //H:1Plancomm1200410805.htm 09/13/2004 Planning Commission Minutes 08105/ ?004 Page 11 of 23 spaces in the office structure and then valet parking. Chairperson Tucker noted that, what is being proposed, the club is going to have an event and we are going to limit the size of the event based upon how many cars it's going to take to fill the lot. We are not talking about the occupancy of the building but there is going to be an assumption made as to the occupancy of each car. Are you expecting them to say how many people are going to come in each car? Mechanically, how is the club going to know the right size of the event that is going to fill the lot and not overfill the lot? Mr. Ireland answered that the club has kept very good records over the last few years on their events and the parking needs. We looked at those records for the various types of event. When they have a wedding that is 200/100 etc. people, they are able to control the parking. Basically they can control any event parking. The parking study has looked at the club's characteristics on weekday, weeknights, weekends and the size and threshold of those events can be different depending upon what portion of the week the event occurs. They have taken into consideration the utilization of boats, dining activities by members of the club and so on. All those pieces have been incorporated into the overall basis for determining what size of event can occur. We have to develop some trust with our neighbors and when something is not working in the community, we hope we hear it first in order to attempt to address those concerns. We feel we have enough additional parking and the board is committed to be aware of any problems and are willing to take care of those problems. In response to Commission inquiry, he added that the club has started already on overseeing the attendance at their events and the potential parking problems. The available parking across the street will allow the club to operate with the level of activity they have had all year, which has been a very high level. By that parking study they are committed to look at the levels of activity and when they look at an event or schedule an event it will be up to a 200 person event. Chairperson Tucker noted that if the parking plan goes forward and doesn't work, one of the things we will look at is to look at parking over boat storage. That is the way it is and everyone needs to understand that. There will be a review, assuming we approve something, to make sure it is actually working. He then noted that the goal of the Commission is to get the information from the public that is relative to zoning issues. Bill Rauth, noted he has worked with the applicant. The concerns of the neighbors have been put in writing and are a matter of public record. We did see the revised conditions today that until today may inadvertently convert the use of the facility to a non - member organization. I don't think this is intended by the City or the club and can be fixed quickly. The neighbors are concerned about policing the parking. He then asked about restricting parking in the neighborhood as a means to police the parking. There are no sidewalks and no bikeways in front of his house and he noted his concern of safety. Commissioner McDaniel noted that the speaker has been dealing with the applicant and asked if he was confident with the club's response. As a matter of trust, do you q1 file: //H:\Plancomm\2004 \0805.htm 04/13/2004 Planning Commission Minutes 08/05/2004 Page 12 of 23 have that with the applicant? Mr. Rauth noted he was primarily concerned with the gate use and reserved parking. He noted that the club is a good citizen especially with all the events they host. We agree with that, but that is the problem. It is not the yacht club that creates the problem, it is when they host these events, that is where the parking issues arise. Chairperson Tucker noted that we will be crafting a set of conditions that will allow the club to fully use its facility without having all their parking spilling off the site. We do not have a problem with the full use of the facility, that is their right. We do have a problem when they start imposing on their neighbors. Occasionally that will happen, we can't make the world perfect. Our goal is to come up with conditions that will be amenable to the club and neighbors both. If this doesn't happen then we will deal with it in some other fashion. How they use their property is up to them as long as they keep their impacts on their property. People such as yourself will have to get involved by your input. There will be a condition that will allow the City to re -visit this Use Permit if they do not live up to the conditions. Someone from the neighborhood will have to call and say there is a problem, hopefully to the club first and only call us if you can't work it out with the club. Mr. Rauth noted he understands. Public comment was opened. Nancy Levy, Junior Program Advisor of Bahia Corinthian Yacht Club, gave a brief talk on the goals and achievements of the Junior program. She concluded by asking that the Commission accept the BCYC's proposal. Jim DeBoon, noted the Rotary Club of Newport Balboa has been meeting at the club for several years. He stated that with the removal of the gate and the re- striping of the parking lot, cars that normally park on the side streets will now be parking on -site. He noted that in the past, the club has called him to let him know if there was to be another meeting with a large membership. Our members then made other arrangements and we are willing to continue this practice in the future. Ray Kennedy, President of the Irvine Terrace Community Association with 385 homes noted: • The club is a good neighbor. • The safety issues of El Paseo and Bayside Drive parking. • Valet parking should be in place at designated times. • Contracted parking agreement. • Signage outside the club. A�_ file: //H:\Plancomm \2004 \0805.htm 09113/2004 Planning Commission Minutes 08/05/2004 Page 13 of 23 At Commission inquiry, he noted that having a set valet schedule would address any overflow issues that would develop. The way the plan is it doesn't stipulate valet parking. Richard Luehers, President and Chief Executive of the Newport Chamber Commerce, noted his support of the application: . The BCYC has been a supportive community member since 1988. . This is an organization with volunteer leaders. • The new management has taken steps to solve problems. • The club has hired professionals to work with the City and the neighbors. • Parking close to the harbor is at a premium and the cost to provide that parking grows daily. • The City has an emphasis on making sure we retain our marine facilities throughout the harbor as access to the harbor is important. • It is difficult to maintain a business within the community. • He asked that the Commission approve the applicant's request. Ted O'Connor, noted his support of the proposal noting: . The Junior program. . The need for the various sized boats. . Soccer programs also impact parking on El Paseo. . BCYC now has a plan that is fair and workable and is an improvement and addresses the neighbors' issues. Chelsea Dill, spoke on behalf of the Junior Program and the need for the dry boat storage area at the club. Val Skoro, resident of Irvine Terrace noted that when there are late night events, he can hear the noise. He asked if there is a time limit when events will be cut off from a noise standpoint. He then noted his concern of parking on El Paseo as there is a disregard when people dump things in the middle divider. It is the entrance to Irvine Terrace and we object to it being used as a parking lot for the yacht club. He then noted his concern of valet parking across the street as there are no crosswalks and discussed the size of the parking stalls with SW's. Commissioner McDaniel asked staff about the spacing sizes. 43 file: //H:\Plancomm\2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 14 of 23 Ms. Ung noted the newly created parking stalls are in conformance with the City Standards size. Mr. Edmonston added that the City's Standard since 1988 is for 90 degree parking such as this is, the stall is 8 feet 6 inches wide, 17 feet deep, and a back up aisle of 26 feet. The stalls meet the City standards that was adopted when the trend was going towards compact cars. There are still smaller cars on the road and there are SUV's that are bigger than our stalls, particularly in length. Chairperson Tucker noted there are noise ordinances that deal with those issues. Barry O'Neil, noted his support of the application as they have proven to be a good neighbor. He lives directly across the channel and through his experience of working with the club he has found them willing to discuss noise issues and ways they could do to alleviate the problem. The neighbors can trust this organization based on his experience over the years. Mike White, past Commodore of Voyager's Yacht Club, asked that the Commission not change the character and history of the harbor. The 346 members of the yacht club are also residents of Newport Beach and your neighbors. Denise Peters of the Leukemia and Lymphoma Society noted her support of the application. She gave a brief history of the society and the support and contributions given by the BCYC. Dan Trimpalla, local resident noted his support of the application noting that noise and cars is part of living in Newport Beach. He noted that there are two yacht clubs that contribute to the parking problem in this area. Karen Winnette, Director of Bahia Corinthian Yacht Club noted that there is a provision in the off -site parking agreement that says the parties will give each other one year notice of termination. This was done to make sure that the club had plenty of time to schedule its calendar for the next year and adjust its events downward in the event that parking is lost. Public comment was closed. Chairperson Tucker then asked staff if there was a list of issues that they needed guidance on. Ms. Ung answered yes and referred to the revised resolution distributed at the meeting and discussed the items highlighted in yellow: . On Page 2, number 4 under the 'WHEREAS', is a finding that the City Attorney suggested be refined. The change clarified when the club has to provide 150 parking spaces and unless the additional off -site parking is secured, they would be able to provide additional parking for the facility. Commissioner Cole noted that the actual occupancy has not been determined. ( q file: //H:\Plancomm\2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 15 of 23 What is the ratio on average that 150 spaces represents? How many people equate to the number of spaces? Chairperson Tucker asked if this was going to be effectively an amended and restated Use Permit so that we subsume the language of the 1969 Permit? Staff answered yes. Ms. Clauson addressed the issue of private club /yacht club issue. These changes were suggested based upon what their use was and what the approved use was. Originally, the words private yacht club were used. If you go to the City's Code and definition, we do not have a definition for a private yacht club. We have a definition for clubs and social clubs and subsumed within that is a sub - section for yacht clubs. There is a definition in there that fits this particular yacht club without needing to use the word private because they have to fall within the qualifications of that designated use that has been authorized and that is primarily for use for yacht club purposes. It also has primarily for use by the club members. You have that primary condition, which they would have be. If they changed over to primarily open to the public and for general uses, then you would have a change in operational characteristics inconsistent with the use classification. If the Commission would like to give direction to staff to add to the conditions that it is to be primarily for the use of the club and its members and to restate the definition that is used, that is something staff could do to clarify that issue so that it is not a question in the future. For instance, if there is a change in the use classifications. Commissioner Selich asked if through this Use Permit and Parking Management Plan and conditions are we holding this club to a higher standard than other clubs in the harbor? Are all the other clubs permitted by right of are they under use permits. Ms. Temple answered she can not talk about every individual yacht club and their existing use permits and the conditions under which they operate specifically. The issue we are trying to address in this Use Permit has been documented for some period of time and that is the deficiency of on -site parking supply. To the extent that this consideration is to insure a sufficient amount of on -site parking supply, we are not being more onerous than might otherwise present itself in other areas. For example, the most constrained club from a parking point of view is Newport Harbor on Bay Avenue on the peninsula. While they may not have similar conditions, there have been problems which the City and the club have worked together to redress through on -going provisions of additional parking supply. This is an issue we try to address whenever problems do arise and so in that sense it is not unequal treatment. James Campbell added: . The language submitted indicates that the club has to manage all their functions to meet the on -site supply. Staff had discussed with Mr. Ireland if valet parking would be provided for club sponsored activities. file: //H:\Planconun \2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/2()04 Page 16 of 23 . Staff wants to deal with the adequacy of the parking as it relates to the on -site uses rather than come up with number of occupancies during the day. Ms. Temple added that once we learn more about the specifics of the availability of the off -site parking, and the terms under which it can be used, then you might even see some further refinements to this to address those transition times that are difficult for us to provide language for you tonight because we have not read what the club has told us tonight. That is the key issue for staff to get more of the final language of the terms and conditions of that agreement: It wiWbe set up so that if the off -site parking goes away the Planning Commission will not need to do anything. We think conditioning the application is better from an enforcement perspective than going inside to count heads. To the extent any problems are documented, we can either work with the club to bring it back into compliance or bring the project back to the Commission. Ms. Ung continued: Condition 2, the timing of the improvements. The applicant is asking for additional time for the construction of the new entryway and the creation of two new additional parking spaces to be provided on -site. Staff originally crafted this condition so that everything would be implemented within 60 days of the Commission's determination. Staff felt it could be done sooner than January 15th. - The Commission determined that since this extra timing was only for these two issues, the additional time to January 15th would be acceptable. Condition 2 e, would follow up on the finding regarding the parking arrangement. We are asking them that once the 129 parking spaces are full, they will go to the valet parking provision so the entire site will be able to accommodate up to 150 parking spaces. What the applicant is asking to do, is that they only provide valet parking for the non - member activities only. If it is a member only activity, such as a barbecue for the club, and they have 200 - 300 people show up, they will not provide any valet parking arrangement. They might go to the outside parking lot but it might also spill out onto the public streets. This condition was drafted before staff was made aware of the off -site parking agreement. Staff is having a problem with the provision of the valet parking arrangement for the non - member activities only. Staff recognizes a car is a car, there is no distinction. Mr. Campbell noted: The discussion that we had with Mr. Ireland this afternoon was that the club wasn't going to be doing valet parking for members. It would only be doing if for planned non - member events. Staff felt that valet should be done for everything in order to get the full utilization of 150 parking spaces on -site when it is necessary. . Staff doesn't have a problem with going to an off -site lot as long as the file: //H:\Plancomm \2004 \0805.htm 09 /13/2004 Planning Commission Minutes 08/05/21104 Page 17 of 23 Commission accepts that and it is okay with the traffic division as a self -park or valet parked. • The valet operation being done only for specific events that come to the club in our minds seems a bit harder to implement. We don't have the specificity of the valet parking plan yet in order to figure how the interface will work. • This relates back to item 4 and when we meet with the applicant and get additional information and understand how it will be operated staff will come back with refined language. Chairperson Tucker asked Mr. Ireland why they think that the member events don't need tot be valet parked. Mr. Ireland noted that the rational was we intended to correct the problems incurred with the neighborhood. As you heard, the real issue is the outside events. The issue of treating the club activities the same way as the outside activities, and again we can calculate and deal with outside activities very accurately and control them very effectively, is that the issue is made whether or not we would be treated differently than other clubs. I think we will in that case. Other clubs function with certain parking requirements under the Code and their events are inclusive. We are saying we would like to live under those same rules and not be treated differently. We are comfortable dealing with valet parking for outsiders but it is problematic, for example a barbecue with the 135th car to bring valet parking in for 5 or 6 cars. It is an operational difficulty for us to comply. Chairperson Tucker asked if the club's operation is such that when you have barbecues, do the members have to make reservations? Does the club have to know the number of member attendees? Mr. Ireland noted that families will drop in for any event, but some events do overflow more readily than others and the barbecue is one of them. In those cases, the club members would after the 129 spaces are full, go out into the street for the overflow. Commissioner McDaniel noted that there are legitimate parking places on the streets. If it happens once in a while, I am not having a problem with it. The problem 1 am saying, is that the club is not paying attention. It seems you have some loud mouth litterbugs and you have to know that if you leave the premises at midnight, and go into the community, the people will be loud. You need to pay attention to those kinds of issues. If we put enough parking spaces for normal activities, then I am done. I think if you provided those and however you want to manage it is fine, but you need to pay attention. The problem isn't how many conditions we can put on this thing, if you don't pay attention you are still going to have trouble no matter how many parking spaces you have. I am okay with the number of parking spaces and the fact that it may overflow, but the club needs to pay attention. Chairperson Tucker asked staff if they felt comfortable that the club didn't have valet q1 file : //H:\Plancomm\2004\0805.htm 09/13/2004 Planning Commission Minutes 08/05/2604 Page 18 of 23 for member only events that the City would be able to figure out when the valet was not needed. Will the City have the capability to understand what the conditions are and make them workable? Ms. Clauson suggested that if the focus of these conditions is we are not going to control their occupancy, it would be the same as we are not going to control whether you are members or not members and have to worry about if its a member only whether the members can bring guests to the events or whether there is also planned some other non- membership -hosted project that particular same day. That is the reason why staff thought it would limit it, figure out what it is and if you have enough parking there that should handle everything. Ms. Temple added that in the many descriptions of the worthy activities that go on at the club it seems like they have club sponsored events that may be non- members. You then get to who are we trying to place the higher form of regulation on. Staff is trying to make it as enforceable from an outside external where we can see it is working or not working and not try to delve into how many non - members attended a function to justify having valet parking. Commissioner Selich noted his support of staff and that we should make this as simple as possible. Even at 150 spaces for members, the club is still getting a 16 car break over what the Code requires. There might be times when there will be a valet for only 5 spaces, but it seems it is a small price to pay for the break that the City is giving to them. Ms. Temple added that if we have known times and a fairly secure off -site parking arrangement we don't have a problem relying on the off -site supply prior to them shifting to the valet. Commissioner Daigle asked if there are adequate standards to monitor and enforce and if there was an adequate tie in to the parking management plan and how this is going to work? Ms. Clauson answered that until this off -site parking arrangement came up it was set up in a way that it was adequate for the City to monitor and enforce and to document enforcement actions. There is going to be a need for staff to go back and work in how the off-site parking availability is going to fit into that type of plan. Commissioner Eaton noted the off -site parking is a significant number more than what the valet would give them. I would be willing to have a condition that says they did not have to provide valet parking for member only events as long as an off- site parking agreement was in place. Chairperson Tucker noted the base number is129 plus whatever the off -site parking agreement is where they actually control the spaces. If they can go off -site and not get to the whatever the combination of those two numbers is, they are really. not going to have a need for the valet parking. What staff is saying is if they are going to have an event that is going over those two numbers combined, they are going to have to valet. `t file: //H:1Plancomm1200410805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 19 of 23 Ms. Temple noted that there are persons for whatever reason, like the other lot naturally, whenever it is available. Non - members look to that as well as a natural location. As long as the reinstatement of the use of that in the appropriate non - business hours becomes known again, I think a lot of people will park on -site because they like to park as close as they can get. Others like to park on the off - site lot whether the club lot is full or not, because it is more comfortable for them. Staff is not concerned with whether these are members or not, so much as all the parking arrangements are known and well established and that we have the ability to modify the operation if those parameters change. That is why we are concerned with the parking numbers. Mr. Campbell noted the applicant is looking to only valet for outside events and it is difficult to valet some people who are coming when you will be having a mixture of the two coming on for a particular event. Staff is looking for what is a most easily enforceable, in essence when demand exceeds supply, we want to get as many cars off the street as possible. Working with the applicant over the next couple of weeks we can pin that down. He then noted the last item on 8 g on page 6 of the resolution. The applicant wants to remove that sentence and staff would like to see that sentence in there, perhaps slightly modified because we want to really understand the full interface of how this is going to work. We have been talking about this for twenty minutes on how it is going to work so we want this identified in the valet parking management plan. Staff is not going to budge on not having this as a condition. We hope to bring these revised conditions back for your review. The applicant has indicated the changes that are highlighted in blue and in the interest of time all these other changes we do not have a disagreement. We may wordsmith these but we are not in disagreement with the general course of the applicant. Chairperson Tucker noted that staff and the applicant need to get together to come up with something that is reasonable, this should be available for any member of the public for their review. Commissioner Toerge noted another item, 9a - the employees should be made to park on -site in the areas so designated regardless of the presence of the off -site parking lot. Chairperson Tucker noted that he concurs. Commissioner Daigle noting condition 7 asked if there might be a way to fence off dry storage and segregate the boats from the cars. Chairperson Tucker noted that the sense is there is a plan that appears to work, we are going to refine the conditions and look to see how it all works after it gets implemented. It's worth giving it a go and the club has come a long way and is making a good faith effort. We need to give them an opportunity to show what they have come up with will actually work and then we will come back and re -look at. Commissioner Eaton noting number 2 under WHEREAS - asked where is it in the �q file: //H:1Plancomm1200410805.htm 09/13/2004 Planning Commission Minutes 08/05/2004 Page 20 of 23 conditions that the applicant has to comply with the traffic management plan? Ms. Ung noted staff concurs with this recommendation and a condition will be added. Commissioner Selich asked about the condition that the dry boat storage area shall remain open at all times while in use by valet operations. What does that have to do with valet operations? In other conditions employees are to have card keys to operate the gate. Ms. Ung answered that the reason is so that it will be accessible to the employee or the valet parking attendants, so it has to be open and accessible. The employee parking will have access cards, but not the attendants. It will be easier for them to retrieve cars back in forth than to have it close all the time and then only accessible through a card system. Commissioner Selich asked about limiting the boat storage to 100 boats, why do we care about the number of boats? Ms. Ung answered that the applicant wanted to clarify the number of boats allowed to be stored on -site in the outside dry storage area. Mr. Campbell added that the original use permit has a limit of 100 boats and they, have more boats there because they actually store boats under the buildings. The clarification sought by the applicant is in essence they can live with 100 boats outside, but lets not worry about the number of boats inside. Discussion followed on a specified number of boats. Staff will address this for the next presentation. Commissioner Toerge noted he supports this item coming back to review the modifications to the conditions that have been discussed. He finds it hard to believe that the management of the club was completely unaware of the queuing and parking problems on Bayside Drive through the years. Any of us who live in the area know it creates a problem and I find it hard to believe that people occupying the site are not aware of it. At the same time, I feel a 50% of on -site parking and a potentially 100% increase with the use of valet and some off -site agreement is a completely reasonable plan to approve and review in six months. I am concerned that if the six month review does reveal that there are problems than I think there will be a new solution required. The parking plan seems untenable. It gives me more desire for a six month review process and I feel the review process should be public. A lot of residents don't want to write letters, they don't want to have to be a cop, they want the City to do it. That is what we are trying to do tonight. I think the review should be public and I am not sure one review between now and before next summer will be adequate. I encourage staff and the applicant to consider two reviews maybe in six month increments. We have conflicting testimony. There is only so much room on -site and it is not the City or the Commission that is dictating the Junior Program should be reduced, it is really the club's decision to engage in larger activities and larger events that is causing them to re- structure they way your �0 file: //H:\Plancomm \2004 \0805.htm 09/13/2004 Planning Commission Minutes 08/05/ .7604 yacht club is used. I think the direction of the Junior Program should be focused on the management of the club as opposed to the Planning Commission or City Council to look for some relief there, because it is the club that is attempting to get more density and more dense use out of the facility. The valet issue across the street is completely workable, we have examples all throughout the City where we are using valet parking across Coast Highway to satisfy some of the businesses in Mariner's Mile. The suggestion to tie the valet to a particular time is unrealistic and unsupportable and quite frankly I can't imagine a circumstance where I would support restricting a particular sub -set or sub -group segment of the public to not be able to park on a public street. Those suggestions do not fly with me. He then noted he was not at the public hearing of June 17th for this item but he has reviewed the staff reports and the record of the meeting and feels confident and comfortable with rendering a decision on this item. Chairperson Tucker noted his agreement of the review timing. Ms. Clauson stated that if the idea was it was going to come back to the Commission for review you could move it out further and not have it be within six months, you could do it a year from now. Or another option would be to go ahead and have it in six months and then wait until that review period, and depending on how successful this is working and how it appears they have been in fact been able to accommodate all their parking needs with parking that is provided now, you may decide you do not need another review. You do not have to set two reviews now, you can set one and then make the decision for another one if necessary. Ms. Temple noted this would be a publicly noticed agenda item for a Planning Commission meeting. Ms. Clauson pointed out that there is no condition in the use permit that deals with the hours of operation. The Commission might want to look at the hours and incorporate them into the approval. It does not need to be done, but it is an issue that has been raised. Ms. Temple noted that for an operation of this nature, the noise ordinance hours limitations for greater or lesser noise production is the most critical issue. However, this is a Use Permit and you could impose conditions and then provide relief for a number of times throughout the year for Special Event Permits. That gets us into conditions akin to those of a restaurant and may be far different than what the other yacht clubs experience. She then discussed closing the hearing to discuss the conditions only. Chairperson Tucker noted he would like to talk about the resolution and the conditions of approval. The next meeting is August 19th and Commissioners Cole and Toerge will be missing. The applicant was made aware of this. Motion was made to continue this item to August 19th. Ayes: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Daigle None Noes: None Page 21 of 23 5� file: //H:1Plancomm1200410805.htm 09/13/2004 Planning Commission Minutes 08/05/7004 Page 22 of 23 Absent: None Abstain: CT: Guiding Principles for the General Plan Update ITEM NO.4 PA2002 -265 int study session between the City Council and the Planning Commission e 22, 2004, the Planning Commission requested the opportunity to review Discussion Item m nt on the General Plan Advisory Committee's Guiding Principles. em wa iscussed by members of the Commission, Mr, Woodie Tescher, of sociates d staff at the request of the Chairman. \writftten cus was on p es 12 through 14. Several word edits were made, but there o substantive c nges /additions /deletions of principles. Please refer to the ed report written b enior Planner Tamara Campbell. n was made by Chair son Tucker that this item go to the Cou ncil as a e and file of the recomme ed changes.. Ayes: Eaton, Cole, To ge, Tucker, Selich, McDaniel and Daigle None Nom: None Absent: None Abstain: ADDITIONAL BUSINESS: \thath9&,the ADDITIONAL BUSINESS a. City Council Follow -up - Ms. Wood reported Council meeting of July 27th changes to the Mariner's Mile Landscape S dards were approved; there is a Telecommunications Permit that has been co ued for the parking lot at Superior and Coast Highway; and the Marinapar esort Park and Community Plan was passed and will be on the ballot in Nov ber. b. Planning Commission's representative to the Economic myelopment Committee - no meeting. c. Report from Planning Commission's representatives to the General. Ian Update Committee - Commissioner Eaton noted that there wa a recommendation to add $17,000 to the budget and add two months to t total program schedule as well as a discussion on how the alternatives will be ' addressed. Mr. Tescher then made a brief presentation on the analysis process. d. Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Mr. Edmonston answered the question about a project in Corona del Mar that was under construction and is now completed, as to 5,)� file: //H:\Plancomm\2004 \0805.htm 09/13/2004 EXHIBIT 3 PLANNING COMMISSION STAFF REPORT & MINUTES DATED AUGUST 19, 2004 55 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 August 19, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner FILE COPY rung city. newport-beach.ca. us (949) 644 -3208 SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) Use Permit No. 2004 -001 1601 Bayside Drive APPLICANT: Bahia Corinthian Yacht Club RECOMMENDATION Approve Use Permit No. 2004 -001,. subject to the findings and conditions of approval within the attached Draft Resolution (Exhibit No. 1). BACKGROUND On August 5, 2004, the Planning Commission considered the Use Permit application submitted by Bahia Corinthian Yacht Club. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand and management study. After receiving the public testimony, the Planning Commission continued the application to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding the operating conditions. The more significant issues are as follows: 1. On -site and off -site parking including valet parking arrangements. 2. Implementation of parking study /parking management plan recommendations. 3. Potential relocation of employee parking spaces outside the gated dry boat storage area. 4. Time frame for the review of the Use Permit. 5. Defining what the use permit authorizes. 61 Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 2 DISCUSSION Concern No. 9 - On -site and off site parking including valet parking arrangements The applicant has reached an agreement with the property owner of the office development across Bayside Drive for off - street parking. With this agreement, the applicant will have an additional 28 parking spaces for their use which will be available after 6:00 p.m. Monday through Friday and New Years Eve and all day on Saturdays, Sundays and Memorial Day, Labor Day, Thanksgiving and Christmas. The term of the agreement is for two years with options to extend the agreement. The applicant proposes to self -park both lots prior to providing the valet parking on -site when the parking demand is anticipated to exceed self- parking supply. During weekdays, parking supply will be 129 vehicles or 150 with valet service during the day. Staff used the vehicle occupancy projections of 1 or 2 persons per vehicle and 2003/2004 cover counts from the applicant's parking demand study to arrive at the percentage of events accommodated and the number of events not accommodated: Parking Events Accommodated # of events not Events Accommodated # of events not Supply Meeting occupancy accommodated Social occupancy accommodated 150 1 person per vehicle 55 2 persons per vehicle 5 129 96% 10 (approx.) 99.2% 2 150 97.6% 6 99.2% 2 Using the worst case vehicle occupancy projection, valet parking would be expected to be necessary approximately 10 times during the year. Weekday evening and weekend parking supply will be higher with off -site parking and nearly all events can be accommodated. Parking Supply Events Accommodated Meeting occupancy 1 person per vehicle # of events not accommodated Events Accommodated Social occupancy 2 persons per vehide # of events not accommodated 129 67.5% 82 93.7% 16 150 78.2% 55 98% 5 178 97.6% 6 100.% 0 Valet service would be necessary when the number of vehicles exceeds the on and off - site self park supply of 157 spaces. Using the worst case vehicle occupancy projections, valet service might be expected to be necessary approximately 40 times during the year. Evenings and especially weekends are more likely to be social . events and using the higher persons per vehicle occupancy rate, valet service will not be necessary with the increased off -site supply. 5� Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 3 If off -site parking is not available, the use of valet service would increase to approximately 82 times during the year using the 1 person per vehicle occupancy ratio and approximately 16 times during the year using the higher vehicle occupancy ratio. The applicant does not want to have off -site parking mandated as it would lock them into a specific number. of.spaces,.and not allow fluctuation if a different lot is secured. Additionally, it would put the applicant at a competitive disadvantage to continuing the current off -site parking agreement. The increased supply is of great benefit and convenience to the applicant and will reduce the need for valet service considerably. The parking analysis shows that a significant percentage of events can be accommodated by on -site supply with valet service should off- street parking on a separate lot become unavailable in the future. The off -site parking supply will assist the club in addressing those non - typical events such as annual City -wide events like the Ensenada Race, 4th of July and the Christmas Boat Parades, etc. Even without off -site parking, these events are not normal operating conditions and are limited in number and heavy use of street parking is expected. Condition 7.b has been drafted to address a variety of operational situations. In essence, valet service will be required when it is necessary and not required when it is unnecessary. Staff is not recommending that the additional off -site parking supply be mandated at this time. Staff would like the club to implement the parking management plan and see well it functions before mandating the additional off -site supply. Lastly, the applicant also requests the flexibility to shift employee parking off -site when desired. Staff has no objection with this provided it does not reduce available parking for the facility when it is needed. In those instances, the spaces marked for employees will be used for employees or for valet service. Concern No, 2 - Implementation of parking study /parking management plan Condition No. 7.a of the draft resolution requires the applicant to implement the measures identified in the final parking management and valet operational plan immediately upon.the approval by Traffic Engineering. The final plan is conditioned to be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of the Use Permit. Concem No. 3 - Potential relocation of employee parking spaces outside the gated dry boat storage area The applicant has explored many different site plan configurations in an attempt to provide employee/valet parking outside the gated dry storage area. The applicant has indicated that further reduction of the dry boat storage area is not feasible. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 4 Concern No. 4 - Appropriate time frame for the review of Use Permit Condition No. 11 of the draft resolution requires the Use Permit to be reviewed by the Planning Commission no later than September 30, 2005. This time line would allow the applicant the opportunity to implement all measures identified in the parking management plan, operate the facility through the "peak" summer months with new conditions, and establish a steady record of their parking operation for the Commission to review. Concern No. 5 — Defining what the use permit authorizes During the public testimony of the August 5th meeting, the applicant stated that the club has been and is currently operating as a private yacht club and that it is not open to the general public. In order for the yacht club to maintain the same operational characteristic, Condition No. 3 of the draft resolution has been drafted to recognize the existing operations of the facility as a private yacht club. The identification of normal activities is included from the 1969 condition to maintain the current entitlements and intensity limits. CONCLUSION It is staffs belief that the conditions contained in the draft resolution for approval should alleviate the parking issues associated with the operation of the facility and the variety of issues raised during the review of the application. Prepared by: Submitted by: osalinh U g, As ociatePlanner Exhibits: � ,► � ojtu� Patricia L. Temple, PlAnning Director 1. Revised Draft Resolution No. 2004 -_; findings of approval 0 Planning Commission Minutes 08/19/2004 kkk Page 3 of 28 SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) ITEM NO.4 1601 Bayside Drive PA2004-002 An amendment to Use Permit No. 1437, to allow the reduction of required on -site Approved parking from 122 to 95 spaces and to increase the dry storage boat capacity from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code Chairperson Tucker noted that at the last hearing direction was given to staff to come back with conditions that were worked through with the applicant. The Commission has received a proposed change to condition 8b at tonight's meeting. Ms. Ung noted that the proposed edit for condition 8b came from the applicant. Staff is concerned with this change to use the employee parking spaces as a staging area for the Junior Boat Program during the summer months of June, July and August as staff believes these are the busiest months during the year. Chairperson Tucker noted that the proposed language is that if they do not have any off -site parking then they have to use those spaces as we have already conditioned them. If they do have off -site parking then they can use it as a staging area for the Junior Boating program. The one thing it does not seem to indicate is if they secure additional off -site parking, which technically could be one space, and we are really talking about having ten spaces not available for employee parking. He asked if staff had any suggested language change, noting that this was left that the applicant needs to gauge the attendance at their events so that there was sufficient parking. There needs to be some room and that is there as condition 7: If staff wants to review the language, then the applicant can come up and we can proceed. Commissioner Daigle noted some suggested language that after, 'in the event that additional off - street parking is secured, insert ...of at least 10 additional spaces..'..this way we insure that there is no decrease in the overall parking. She noted that if employee parking is provided some place else, she does not have a problem with that area being used for the Junior Boating program. The area on Bayside Drive, because of the proximity to the club, is preferred to be used for club members and have employees park further from the club. Public comment was opened. Paul Ireland of Hogle Ireland representing the applicant, noted: • The applicant is in agreement with all other conditions. • The proposed language for 8b is the area where they would like to have some flexibility. • Basically, if this area is used for valet parking it affords 160 spaces rather file: //A:\Plancomm\2004 \0819.htm 09/13/2004 Planning Commission Minutes 08/19/2004 Page 4 of 28 than the 150 spaces on site at the location. . It would only be used for other purposes if we can secure parking elsewhere. Chairperson Tucker asked if the additional language proposed by Commissioner Daigle was acceptable. Mr. Ireland answered yes. Commissioner McDaniel asked about condition 10c regarding 'no gating of the vehicular access areas permitted'. Do you have any concerns about this? What about the entire premises? Mr. Ireland answered that boat storage will be locked up except during periods of times when the area is used for valet parking. There is no concern beyond that, it is no longer an issue. At Commission inquiry, Mr. Ireland added: • There is an opportunity to acquire additional parking at Belcourt, about four doors down. This is currently under discussion. • Regarding condition 7, it would be infrequently that circumstance would occur. We did not want to put numbers to it, but parking will be kept on site to the maximum extent feasible and should be done with the number of spaces we now have. It would be less than once a month that parking would flow out into the streets and that would be for more city-wide events. Ms, Temple noted that if this Belcourt parking was to be used during the day, the City would not approve that if there was not surplus space. Additionally, with the wording of this condition, staff would require a Planning Director's approval. Mr. Rauth noted: • Everyone has worked extremely hard to understand the problems and create workable solutions. • There may be differences in opinion as to the proposed solutions being the right ones; however, they do represent the best effort of the staff and the applicant. • The neighbors should embrace these solutions. If they don't work, they can be revisited. I think we should give them the chance to work. • When measuring parking supply and demand, now and again in September 2005 when we rely upon cover counts, we are not accounting for employees that create an additional 15 -25 spaces, nor are we accounting for boating activities, which creates on a busy day, 50 - 60 additional spaces. Commissioner Daigle noted that the ten spaces in dry storage will be employee so� file: //H:1Plancomm1200410819.htm 09/13/2004 Planning Commission Minutes 08/19/2004 parking unless there is an off - street agreement and then the employees will park there, the off - street being something other than the 1550 Bayside Drive. Mr. James Campbell agreed yes, that is what the proposed condition indicates. Public comment was closed. Motion was made by Commissioner Selich to approve Use Permit 2004 -001 (PA2004 -002) with the revised conditions of approval including the edition to condition 8b. Ms. Ung added the edit to 8b as discussed, 'In the event at least ten additional off - street parking spaces are secured at a location approved by the Planning Department and other than at Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the Junior Boat Program. In no event shall spaces, designated for employee parking, be used for parking by the general public or for the permanent storage of boats.' Commissioner Selich agreed this is part of his motion. Ayes: Eaton, Tucker, Selich, McDaniel and Daigle Noes: None Absent: Cole and Toerge Abstain: None Yi Dynasty Korean BBQ Restaurant (PA2004 -130) 1701 Corinthian Way, Suite E Page 5 of 28 ITEM NO.5 PA2004 -130 A Use Permit toga w a 707 square foot expansion of an existing restaurant dining Approved room into a neighbon suite for daily dining use and private banquets. A portion of the existing dining are 'll be converted into storage. A waiver of a portion of the required parking space is Wsoiequested. Public comment was opened. Mia Kim, restaurant owner, at Commission inquir �'_ o> d she has read and agrees to the findings and conditions contained in the staff rep1brt,,.1 Public comment was closed. Motion was made by Commissioner McDaniel to approve Use Permit No. 4- 022 (PA2004 -130) subject to the findings and conditions in the resolution. Ayes: Eaton, Tucker, Selich, McDaniel and Daigle Noes: None Absent: Cole and Toerge 0 file : //H:\Plancomm\2004 \0819.htm 09/13/2004 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 1643 ul RESOLUTION NO. 1643 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004- 001 FOR PROPERTY LOCATED AT 1601 BAYSIDE DRIVE (PA2004 -002) THE PLANNING COMMISSION. .OF THE_.CITY OF .NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, Use Permit No. 1437 was approved in July 17, 1969, to allow Bahia Corinthian Yacht Club to construct and operate a private yacht club at the subject property. The Use Permit included the approval of a waiver of on -site parking by reducing the required parking from 246 to 122 spaces. WHEREAS, the development of the site was implemented or modified to reduce the required on -site parking, increase the dry boat storage, and install an unmanned gate without City approval. WHEREAS, this unpermitted modification has caused employees and visitors to park off- site which has created parking conflicts with the neighboring properties. WHEREAS, an application was filed by Bahia Corinthian Yacht Club on January 7, 2004, with respect to property located at 1601 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 93 -115, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking from 122 to 95 spaces and to increase the dry boat storage capacity from 100 to 200 boats and modify the site plan accordingly. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code since the site does not provide the minimum code required parking of 166 spaces per Section 20.66.030 of the Municipal Code. WHEREAS, at the June 17, 2004 meeting, the Planning Commission received public comments and continued the application to July 22, 2004, as requested by the applicant. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. The Commission also directed the applicant to cease the operation of the controlled gate at the main entry during business hours and discontinue the use of the reserved parking spaces. WHEREAS, on July 19, 2004, the applicant submitted a revision to the previous submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study. The applicant proposed to provide a total of 129 on -site parking spaces and to maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to August 5, 2004 meeting to allow additional time for review of the new material. WHEREAS, on August 5, 2004, the Planning Commission reviewed the augmented application, received public testimony and continued the hearing to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding possible operating conditions. City of Newport Beach Planning Commission Resolution No. Page 2 of 8 WHEREAS, a public hearing was held on August 19, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Environmental Open Space by the General Plan Land Use Element and zoned OS -A (Open Space - Active). Yacht clubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the revised application to amend Use Permit No. 1437, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The proposed increase in on -site parking by reducing the size of the dry boat storage area will increase the supply to 129 spaces which is above the number required by Use Permit No. 1437. With the implementation of valet parking, on -site parking can be increased to 150 spaces. 2. A parking study /parking management plan dated July 29, 2004, has been prepared by The Mobility Group ('The Parking Study /Parking Management Plan's and reviewed by the Planning Commission. The Parking Study /Parking Management Plan provides the framework for a final parking management and valet operational plan that after review and approval by the Traffic Engineer and Planning Department will more effectively utilize on -site and potentially off- street parking on separate lots. The applicant is required to implement the measures included in the final parking management and valet operational plan approved by the Traffic Engineer and Planning Department. 3. The removal of the unauthorized vehicular access control arm will eliminate potential hazards when vehicles attempting to access the site to park partially block or impede vehicle travel within Bayside Drive. Eliminating reserved parking for club members will effectively increase on -site parking and reduce street parking. 4. The applicant is required to manage the occupancy at the site through scheduling of all activities such that the total parking demand does not routinely exceed available off - street parking supply. 5. The Use Permit will be reviewed by the Planning Commission at a noticed meeting no later than September 30, 2005, to ensure that adequate operation and coordination of the events and activities has occurred such that parking and vehicle access issues have been reduced or eliminated. City of Newport Beach Planning Commission Resolution No. Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the above findings, the Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 1437, to be renumbered as Use Permit No. 2004 -001, to authorize the continued operation of a yacht club subject to the amended Conditions of Approval set forth in Exhibit 'W'. Section 2. This action shall. become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS le DAY OF AUGUST 2004. AYES: Eaton, Tucker, Selich, McDaniel and Daigle NOES: None ABSENT: Cole and Toeroe BY:� Lary Tucker, Chairman BY: e, Secretary � City of Newport Beach Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-001 (AMENDMENT TO USE PERMIT NO. 1437) The development shall be in substantial conformance with the approved site plan dated July 26, 2004. 2. The approved site plan shall be implemented and completed within sixty (60) days from the date of the Planning Commission approval; provided, however, that the construction of the new access to the parking lot and the two adjacent parking spaces shall be implemented and completed by no later than January 15, 2005. The applicantloperator shall implement the following measures: a. Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. b. Eliminate all reserved club member parking. No reserved member parking shall be implemented in the future. C. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the approved site plan. d. A total 129 parking spaces shall be made available of which 10 spaces shall be provided for employees or valet within the dry boat storage area. Twenty -one (21) additional on -site spaces for valet service shall be made available in accordance with the final approved parking management and valet operational plan when necessary. 3. All activities shall be those of a yacht club for the members, guests, and invitees. The facility shall be operated as a private yacht club and shall not be open to the general public. Normal usage will include but not be limited to dining and dancing as well as meetings and sailing classes. Any changes in operational characteristics of the yacht club shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be modified or revoked by the City Council or 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. 5. The operator of the yacht club shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the 101 City of Newport Beach Planning Commission Resolution No. Page 5 of 8 provisions of Chapter 10.26 of the Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off - street parking supply, except on infrequent occasions. The applicanttoperator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off- site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicantloperator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on-site and off - street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior Xi Between the hours of Between the hours of 7:00AM and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property I WA I 65dBA WA 60dBA 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off - street parking supply, except on infrequent occasions. The applicanttoperator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off- site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicantloperator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on-site and off - street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior Xi City of Newport Beach Planning Commission Resolution No. Page 6 of 8 boat program. In no event shall spaces, designated for employee parking, be used for parking by the general public or for the permanent storage of boats. Valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations shall not use the public right -of -way or any off -site location for pick- up /drop -off or valet parking of vehicles. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. d. The applicant/operator shall require all employees to park off the street at all times. e. All employees shall be provided with a card - reader or access code to open the access gate into the dry boat storage area. The parking lot shall have prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area shall be reviewed and approved by the City Traffic Engineer. g. The applicant/operator shall not allow vehicles to queue onto Bayside Drive. The dry boat storage area shall remain open at all times if in use by valet operations. 9. Dry boat storage including the incidental maintenance of watercraft is permitted within existing buildings and the dry boat storage area as shown on the approved plot plan. Dry boat storage in areas outside the designated area is permitted provided it is not within any portion of the drive aisles, parking facilities or landscape areas. Additionally, exterior dry boat storage shall not impede access to any portion of the site by Fire Department personnel. Dry boat storage is limited to club members or club sponsored activities and boat storage or boat maintenance activities shall not be made available to the general public. 10. The applicant/operator shall implement the following measures: a. An employee education program shall be prepared and implemented that includes appropriate parking locations and procedures. b. Written communications shall be prepared and sent to each member of the club detailing the parking policies of the facility as identified in the final parking management/valet operational plan and this Use Permit. This or similar communication shall thereafter be sent to each member once a year. Changes in parking supplies or parking policies will require advance notification of club members. �1 City of Newport Beach Planning Commission Resolution No. Page 7 of 8 C. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. All professional (outside vendors) boat maintenance activities not associated with an emergency shall be allowed to park on -site and shall be limited to the hours between 8:00 a.m. to 5:00 p.m: daily: 11. This Use Permit has been approved in reliance upon (i) the future preparation of a final parking management and valet operation plan and (ii) event attendance, parking needs and other data set forth in the Parking Study and Parking Management Plan dated July 29, 2004, prepared by The Mobility Group. As such, the actual parking operational characteristics will not be known until these plans are completed and implemented. In order to assure that the operational characteristics of the final parking related plans and their implementation have not had an adverse affect on the public health, safety and well being of the citizens of Newport Beach, the Planning Commission shall review the Use Permit no later than September 30, 2005. At such time, the Planning Commission reserves the right to modify the terms of this Use Permit. The City reserves the right to review and modify the parking arrangement described in this Use Permit at any time thereafter. 12. All delivery trucks shall be required to service the yacht club from on -site and shall be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that on -site access and parking will not be significantly restricted. No deliveries shall be permitted between 10:00 p.m. and 6:00 am. 13. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (consisting of three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self- locking gates. 14. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 15. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or kitchen equipment shall be prohibited in the parking lot. tD City of Newport Beach Planning Commission Resolution No. Page 8 of 8 16. Fire Department connections for the dock fire protection system shall be provided at Bayside Drive in accordance with the Fire Department requirements, unless waived by the Fire Chief. EXHIBIT 5 STATUS REPORT SUBMITTED BY BCYC DATED 918105 .10 Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Statement Submitted by Bahia Corinthian Yacht Club Page 1 of 6 Accomplishments A. The removal of the unauthorized vehicular access control arm has eliminated potential hazards when vehicles attempting to access the site to park partially block or impede vehicle travel within Bayside Drive. Eliminating reserved parking for club members has effectively increased on -site parking and substantially reduced off -site parking on neighborhood streets. B. The on -site parking supply has been increased by 50% to 129 spaces by reducing the size of the dry boat storage area. With the implementation of "valet parking," on -site parking has been increased to 150 spaces. The yacht club has completed the improvements required by the Use Permit including driveway reconfiguration, trash area reconfiguration, fire department stand pipe upgrades and signage. C. The yacht club has implemented the measures included in the final parking management and valet operational plan approved by the Traffic Engineer and Planning Department. The yacht club has implemented a policy of using valet parking for events for which attendance is projected to exceed 150 people. The yacht club used valet parking on 22 occasions from November 2004 through August 2005. Examples of the events for which valet parking is used include weddings, club events such as Awards Night, Opening Day, Junior Awards Banquet, Boat Parade, New Year's Eve, memorial services, Easter and Mother's Day Brunch. When valet parking is in use, members may choose to self -park vehicles in marked spaces or to use valet parking. Only valets are permitted to park vehicles in valet spaces. Valets move vehicles as necessary to enable persons who have self - parked their vehicles to exit. D. The yacht club has made arrangements for the use of up to 25 spaces at Bayside Executive Suites on weekends and holidays and after 6:00 p.m. on weekdays. Members and guests are permitted to self -park their vehicles at specified times. No valet parking is conducted on this site. E. Through scheduling and the use of valet parking when necessary, the yacht club has successfully managed the activities at the site such that the total parking demand does not routinely exceed available off - street parking supply and the impact of yacht club operations on the neighbors has been minimized. F. The yacht club has held a neighborhood meeting and has contacted neighbors who previously expressed concerns to confirm that the yacht club's neighbors were satisfied that the implementation of the Use Permit conditions had sufficiently reduced the impact of yacht club operations on the parking problem in the area. The yacht club believes that it has the support of its neighbors. 1� Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Page 2 of 6 Status Report on Conditions of Approval The development has been completed in substantial conformance with the approved site plan dated July 26, 2004 with minor modifications required by the City of Newport Beach building department, which resulted in the addition of a man -gate to the boatyard and the creation of one additional parking space not included in the approved site plan. 2. There was a delay in the implementation and completion of the development due to difficulty in obtaining building department approval and permits for the development, weather and asphalt conditions. The development was substantially complete on December 30, 2004. The boatyard square footage was reduced to accommodate the increase of on -site parking spaced to 128 spaces. The construction of the new access to the parking lot and the two adjacent parking spaces was completed in March 2005. a. The yacht club immediately ceased utilization of the control entry gate located at Bayside Drive and the entrance to the parking lot of the yacht club and the control entry gate and associated equipment was permanently removed at the time the new access to the parking lot was constructed. b. All reserved club member parking has been eliminated. C. A portion of the dry boat storage has been eliminated and this area has been utilized for additional vehicular parking in a manner consistent with the approved site plan. d. A total of 129 parking spaces have been made available of which 1.0 spaces are provided for employees or valet within the dry boat storage area. Twenty-one (21) additional on -site spaces for valet service are made available in accordance with the final approved parking management and valet operational plan when necessary. Employees are required to park in the dry boat storage area only when parking is unavailable in the parking lot. 3. All activities conducted by the yacht club are those of a yacht club for the members, guests and invitees. The facility is being operated as a private yacht club and is not open to the general public. Normal usage includes dining and dancing as well as meetings and sailing classes. There have not been any changes in operational characteristics of the yacht club. 4. The uses and conditions under which the yacht club is being operated and maintained are not detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity and the property is not operated or maintained so as to constitute a public nuisance. _I � Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Page 3 of 6 5. The yacht club controls the noise generated by the subject facility by closing windows and using air conditioning during large events. The yacht club generates noise in excess of the specked standards during the annual Newport to Ensenada send -off party. 6. On -sale liquor, including beer and wine, are conducted as a part of the yacht club activities. 7. The yacht club is managing all activities occurring at the site such that the expected total parking demand does not exceed available off - street parking supply. The yacht club notes members and non - members contracting for use of the yacht club facilities of the appropriate parking location(s). The use of off -site parking at 1550 Bayside Drive has been reviewed and approved by the Traffic Engineer and Planning Department. The yacht club has limited attendance at events and utilized valet parking as necessary to substantially eliminate the use of parking on neighboring streets. Parking resulting from yacht club activities is contained within designated on -site and off -site parking areas with the exception of only a few events during the year. The vehicles parked up and down Bayside and El Paseo are not the result of activities at the yacht club. 8. The following requirements of the Transportation and Development Services Division have been met: a. A final parking management and valet operational plan was reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of Use Permit No. 2003 -001. The final plan demonstrates the operational characteristics of the site under all parking conditions (i.e. interaction between self- parking and valet service when in use). The yacht club has implemented the measures included in the final parking management and valet operational plan. Valet pick -up /drop -off is conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations do not use the public right -of -way or any off -site location for pick -up /drop -off or valet parking of vehicles. Valet operations have functioned in a manner to prevent stacking out onto Bayside Drive. When valet parking is in use, members and guests may choose to self - park vehicles in marked spaces or to use valet parking. Only valets are permitted to park vehicles in valet spaces. Valets move vehicles as necessary to enable persons who have self - parked their vehicles to exit. The yacht club has implemented a policy of using valet parking for events for which attendance is projected to exceed 150 people. The yacht club used valet parking on 22 occasions from November 2004 through August 2005. Examples 13 Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Page 4 of 6 of the events for which valet parking has been used include weddings, memorial services and club events such as Awards Night, Easter and Mother's Day Brunch, Opening Day, Junior Awards Banquet, Boat Parade and New Year's Eve. In the event that parking demand exceeds available self - parking supply (on -site and off - street parking on a separate lot), the yacht club provides valet service in accordance with the final parking management and valet operational parking plan and approved site plan. The valet operational parking plan is working well. Members are permitted to self -park their cars with the understanding that there may be a short delay to access their vehicle. Sufficient valet personnel are used to prevent any significant delays or the stacking of cars. There are six events during the year during which the yacht club expects that its parking demand even with the use of valet parking will exceed the available supply. These events are the SCYA Women's Sailing Event in February, the Newport to Ensenada send off party in April, Opening Day in May, and three nights during the boat parade in December. The yacht club has ten (10) spaces available for employee parking but has required that employees use these spaces only when the parking lot is otherwise full. During the 2005 summer junior sailing program (5 days a week for 6 weeks from the end of June to the beginning of August), the parking in the parking lot was sufficient to accommodate all parking needs including the parking of employee cars without utilization of the dry boat storage area for parking and without parking on the public street. Spaces, designated for employee parking, are not used for parking by the general public or for the permanent storage of boats. d. The yacht club requires all employees to park off the street at all times. Employees are informed of the parking requirement at employee orientation and reminded periodically in employee meetings. e. Employees are provided with an access card to use to park their car in the dry boat storage area when it is necessary to do so. As stated above, the parking lot has been sufficient to accommodate parking of employee cars in the parking lot except for a few special events. f. The parking lot has prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area was reviewed and approved by the City Traffic Engineer. Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Page 5 of 6 g. The yacht club generally does not allow vehicles to queue onto Bayside.Drive. There were a few exceptions to this during the boat parade. The dry boat storage area remains open at all times if in use by valet operations. 9. Dry boat storage in areas outside the designated area shown on the approved plot plan is not within any portion of the drive aisles, parking facilities or landscape areas. Exterior dry boat storage does not impede access to any portion of the site by Fire Department personnel. Dry boat storage is limited to club members or club sponsored activities and boat storage or boat maintenance activities are not made available to the general public. 10. The yacht club has implemented the following measures: a. An employee education program at orientation and periodically during employee meetings includes appropriate parking locations and procedures. b. Written communications were prepared and sent to each member of the club detailing the parking policies of the facility as identified in the final parking management/valet operational plan and use permit. A similar communication was sent once again to each member this year and will continue to be sent annually. No changes will be made in the parking supplies or parking policies without advance notification of club members. C. With the exception of the gating to secure the dry boat storage portion of the yacht club, there is no gating of the vehicular access areas. d. All professional (outside vendors) boat maintenance activities not associated with an emergency are allowed to park on -site. All professional (outside vendors) are required to limit boat maintenance activities not associated with an emergency to the hours between 8:00 a.m. to 5:00 p.m. daily. 11. The actual parking operational characteristics of the site have been sufficientfor the operation of the yacht club. 12. All delivery trucks are required to service the yacht club from on -site and have been instructed that they cannot load and unload on Bayside Drive. Vendors occasionally load and unload on Bayside Drive particularly when there are new drivers who have not been informed of the requirement for on -site loading and unloading. In these instances, the vendors are reminded of the requirement. Deliveries are scheduled outside of peak .15 Planning Commission Review of Use Permit No. 2004 -001 September 8, 2005 Page 6 of 6 operating hours of use so that on -site access and parking is not significantly restricted. No deliveries are permitted between 10:00 p.m. and 6:00 am. 13. All trash is stored within the building or within water -tight trash containers stored within the trash container enclosure (consisting of three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers have lids or tops that remain closed at all times, except when being loaded or while being collected by the refuse collection agency. The trash enclosure incorporates self - locking gates. 14. The yacht club maintains the watertight trash containers or receptacles so as to control odors. 15. A covered washout area for refuse containers and kitchen equipment is provided and maintained and the area drains directly into the sewer system. Washing of refuse containers or kitchen equipment is not conducted in the parking lot. 16. Fire Department connections for the dock fire protection system have been provided at Bayside. Drive in accordance with the Fire Department requirements. Summary The yacht club has completed all improvements required to comply with the Use Permit conditions. The removal of the control entry gate, the elimination of reserved spaces, the increase in number of available parking spaces and the operation of the site and use of valet operations when demand is expected to exceed off - street supply in accordance with the approved parking management and valet operational plan is working well and has minimized the impact of activities at the yacht club on the yacht club's neighbors. Through careful scheduling of functions and the use of valet parking, the yacht club has demonstrated its ability to conduct its operations in a manner in which its available parking supply is sufficient. The yacht club wishes to express its gratitude to the Planning Department, the Planning Commission and its neighbors for working with the yacht club to allow it to demonstrate that it is able to operate in a manner that it does not contribute to the parking problems in the area. i(,0 EXHIBIT 6 APPROVED PARKING DEMAND STUDY/ PARKING MANAGEMENT PLAN -11 The Mobility Group 7irrrt /rur1(dwil SAr'rlc (m's A .SnlrNirncs Memorandum To: Karen Winnett, BCYC Rosalinh Ung, City of Newport Beach Paul Ireland, Hogle- Ireland From: Mike Bates Subject: Final BCYC Parking Study and Parking Management Date: January 27, 2005 Please find enclosed copies of the Final Parking Study and Parking Management Plan for BCYC. This addresses recent comments from the City which we have resolved to the City's satisfaction. Please do not hesitate to call me if you have any questions. 1x R1 PLANNING DEPARTMENT CITY OF NEWPORT BEACH JAN 2 7 2005 PM 7 819110111112111213141516 Bahia Corinthian Yacht Club Parking Study and Parking Management Plan Prepared for: Bahia Corinthian Yacht Club January 21, 2005 Prepared by: The Mobility Group Transhorration Strategies Solutions R1 Table of Contents 1. Description of the Property ...... I 2. Location of the Club ............. ............ .. ......................... ...... 1 3. Activities at the Club .............................. ............................ ... 1 4. Parking Need at the Club .......................... ............................... 5 5. Parking Management Plan for the Club ........ ............................... 9 Appendix A. Peak Weeknight Parking Data Appendix B. Typical Weeknight Parking Data Appendix C. Peak Weekend Day Parking Data Appendix D. Parking Counts for Off -Site Parking Lot Appendix E. City of Newport Beach Planning Commission Resolution No. 1643, August 19, 2004 Appendix F. New Site Plan P Description of the Property The Bahia Corinthian Yacht Club (BCYC) is a private club, located on Bayside Drive in Corona Del Mar. The club has approximately 485 members. The club facility comprises a marina, clubhouse, dry boat storage yard, and parking lot. The club has 68 slips in the marina. There are approximately 100 small boats (sabots and dinghies) stored in the basement of the clubhouse. The dry boat storage area adjacent to the clubhouse can store approximately 100 boats. The clubhouse is open Wednesdays thru Sundays from 9:OOam to 11:OOpm except Friday and Saturday when it is open 9:OOam to 1:OOam. The club serves lunch between 11:30am and 2:00 pm, and dinner between 6:00 pm and 9:00 pm. The main clubhouse level comprises approximately 4,560 square feet of assembly space that includes a bar, lounge, dining room, and banquet room. The upper clubhouse level comprises two smaller meeting rooms totaling 1,230 square feet. The club has approximately 35 year -round employees, of which 15 to 25 are typically at the club at any one time. The parking lot currently contains 86 parking spaces. 2. Location of the Club The BCYC is located on Bayside Drive at the intersection with El Paseo. Figure 1 shows the general location of the club. Adjacent uses are primarily residential, although the Balboa Yacht Club is located about 1,300 feet to the south. About 700 feet to the north is a parking lot for the Bellport Bayside Marina. Figure 1 shows the project location. On- street parking is generally allowed in the area adjacent to the BCYC on El Paseo and Bayside, but is prohibited on the west side of Bayside to the north of the club. This on- street parking is used by residents, and at certain times by users of the BCYC, the Balboa Yacht Club, as well as by people accessing the waterfront and Balboa Island. 3. Activities at the Club The activities at the club can be classified into two categories — boating activity, and clubhouse activity. bk m m' O a Bellport. Lot 0 r Office Lot Bahia Corirkhian Yacht Ciub (Project Site) d m t7 N 7!13(04 Figure 1 Project Location The Mobility Group BCYC - Parking Study Tau portxion 51mregin bSolutims Z Boating Activity This type of activity comprises members using their boats. It may include leaving the slip in the boat for cruising, racing, general boating, or a boat trip; or may involve being on the boat at the slip without leaving the marina (relaxing, routine upkeep /maintenance, etc.). It may also include working on or using boats stored in the dry storage boatyard, although by definition such activity is much more limited. It is important to understand that the vast majority of boats at the club, just like at any marina, do not leave their slips very often. Similarly, their owners in general spend relatively little regular time actually on the boats either on evenings or at weekends. This was confirmed by recent observations for a peak summer weekend day (Saturday July 11, 2004). On a clear sunny day, and when one of the busiest club race of the year (Angleman Races) was being held, out of a total of 68 marina slips only 10 were empty with boats out racing, cruising, or on a trip, and only 5 boats were in use at the slip (people on the boat). There was thus boat activity of some kind at only 22% of the 68 slips. Activity of some kind (generally sailing) was also observed for 7 of the 100 boats in the dry storage yard, or 7% of the total. Races are conducted at the club, on about 19 weekends throughout the year. The number of boats involved ranges from 2 to 8 boats, and averages 4 boats. Total crews on the race boats average about 5 per boat and range from a total of 8 to 40. Organized cruises and exchanges with other yacht clubs occur on about 9 weekends throughout the year and range from 6 — 22 boats, averaging about 15 boats per event. There are about 100 small watercraft stored in the basement of the club. These are largely sabots (very small sailboats), dinghies/tenders (the majority of which are for the boats at the slips), and a few kayaks. Many of these small watercraft are rarely used — for example the dinghies are typically only used when a boat owner goes out from their slip and so their use is not an independent event. The exception is the use of the sabots for junior sailing programs, with the main program occurring for six weeks during July and August. These programs are weekday events and the juniors are typically dropped off and picked up by parents. Clubhouse Activity This type of activity comprises members' regular use of the club facilities, including eating (lunch or dinner), sitting in the bar, using the swimming pool adjacent to the clubhouse, or sitting on the terrace/decks of the clubhouse. Quite often this includes the same people who may also utilize their boat while it is at the slip. The average number of club members eating lunch at the club is 25 on weekdays and 37 at weekends. The average number of club members eating dinner at the club is 66 on weeknights and 53 at weekends. 3 q5 Club Functions This type of activity includes organized functions for the members, such as special lunches, dinners, parties, meetings, etc. It also includes board and committee meetings. Between mid -2003 and mid -2004, member functions at lunchtime ranged between 8 and 43 attendees, and member functions in the evenings generally ranged from 10 to 200 with the vast majority comprising less than 150 attendees. There were seven member functions that exceeded 200 in attendance, including Opening Bay, the Boat Parade, and a few member functions such as a wedding. There was one function that exceeded 300 in attendance(attendance of 315 ). Other Functions This type of activity comprises use of the club facilities by groups such as Rotary, Kiwanis, etc. holding regular meetings at the club, as well as "one -off' functions by other organizations or individuals, for example weddings. Between mid -2003 and mid -2004, attendance at these other functions at lunchtime generally ranged from 10 to about 100 with eight functions with attendance over 100, During the evenings, attendance at other functions generally ranged between 15 and 150 persons, with the majority of functions less than 100 persons. There were three functions with attendance over 150 and one over 200 (attendance of 220) — all weddings. Total Clubhouse Attendance An analysis of "cover counts" (the total number of people catered in the club) for a period of one year (mid -2003 to mid -2004) was conducted to evaluate activity levels at the club. Table 1 summarizes the total clubhouse attendance by range. Because the club is closed Mondays and Tuesdays, and for a little over a week at Christmas, there are 113 days of the year when there is no clubhouse activity at the club. At lunchtime, the total attendance was < 150 persons about 980/a of the time. Because lunchtime occupancies are much lower than evening occupancies, the parking needs analysis therefore focused on evenings. Table 1 also shows that for evenings, the total attendance is less than 150 people for 85% of the time during the year; that it is less than 200 people for 93% of the time, and that the total attendance is over 200 only 7% of the time. There are only 16 days of the year when evening attendance is over 250 total. C�q Table 1. Total Clubhouse Attendance (Persons Catered) Attendance Range Lunchtime No. of Days % of % of Total Open Days Days Evening No. of Days % of % of Total Open Days Days Closed 113 31% 113 31% 1 -50 171 47% 68% 41 11% 16% 51-100 68 19% 27% 103 28% 41% 101-150 7 2% 3% 53 150/. 21% 151-200 1 30 8% 12% 201-250 3 1% 2% 9 3% 4% 251-300 0 - - 11 3% 4 °/a 301-350 1 - 4 1% 2% > 350 1 - - 1 - 365 1000/0 1000/0 365 100% 100% Notes: Includes regular member dining and functions. Source: BCYC Cover Counts, June 2003 to May 2004. 4. Parldng Need at the Club The Parking Code Requirement The first determination of parking need at the club is the City of Newport Beach Parking Code. According to the City, the club is categorized as a club or lodge, for which the requirement (where there are no fixed seats) is for one parking space per 35 square feet of assembly area. As previously identified, the main clubhouse level comprises approximately 4,560 square feet of assembly space that includes a bar, lounge, dining room, and banquet room. This translates into a code requirement of 131 parking spaces. As also previously discussed, an upper clubhouse level also comprises two smaller meeting rooms totaling 1,230 square feet. Considering both spaces together would result in a code requirement for 5,790 spaces of 166 spaces. However, all of the space is rarely if ever used simultaneously, with the larger functions occurring only on the main level. The code requirement would therefore appear to fall in the range of 131 to 166 spaces. �5 Estimate of Parke Need Another way of calculating parking need is to conduct actual observations of parking occurrences at the facility. However this is not a simple task. Because parking demand is related to both boating activity and clubhouse activity, and because there are numerous different types and levels of use for each activity, then there are many different permutations that will combine to create a total parking demand. Unfortunately it is not practically possible to observe even a fraction of all such permutations. Opportunities for observations were also limited by the short time period available for the study and the July 4`h weekend. Another method is to prepare estimates of parking demand based on information on the operating characteristics of the club. Based on a combination of a number of observations of parking conditions at the club, and estimates based on club operating information, we have been able to prepare reliable estimates of parking need. A Peak Weeknight A weeknight was observed (Wednesday, June 30), with 213 total people in attendance at the clubhouse. Wednesday is one of the busier club nights for member dining. On this night there were 80 members dining (above average) and three separate functions occurring. The 213 total attendance is slightly higher than the 200 attendance threshold that comprises 90% of the nights at the club. This observation can therefore be considered a peak night. The results of the parking observations for a peak weeknight are provided in Table A 1 in Appendix A. The peak number of cars parked for the club was 142 cars at 6:30 — 7:00pm, which included 90 cars in the club lot and 52 cars off -site — primarily on- street. Appendix A also contains an estimated breakdown of parking demand by use component, for purposes of deriving and validating parameters (such as persons per car) to estimate parking demand. This estimates that 119 cars were parked for clubhouse dining, 16 cars were parked for employees and 7 cars were parked for boating activity. The observed evening represented a combination of member dining and three separate functions at the club. Generally, for member dining and social functions people arrive on average two per car. For meetings like the Rotary Club, the number is closer to one person per car. However, as overall attendance increases and significantly exceeds the 200 person level, car occupancy typically increases (to more than 2 per car) as the larger attendance usually occurs with only one function at the club. Member dining is also usually lower than normal in these circumstances. 6 �b Based on the information in Appendix A it is possible to estimate parking demand for a higher use than the one observed. Based on the fact that a total attendance of 250 covers 96% of the evenings at the club, and that there are only 16 nights a year when that attendance is exceeded, that would seem to be a reasonable upper limit for parking demand calculations. For a weeknight with 250 clubhouse attendance it is therefore estimated that parking demand would be (250 / 2 =) 125 cars for attendees, 25 cars for employees, and 7 cars for boating, for a total of 157 cars. A Typical Weeknight A weeknight was observed with 94 total people in attendance (Wednesday, July 7), with 94 total people in attendance at the clubhouse. The attendance range of 50 — I00 is the most common. occurrence (41% of the time) as shown in Table 1 earlier. There were 61 members dining (very close to the weeknight average of 66), and one function at the club — a Rotary Meeting of 33 people. This can therefore be considered a typical night. The results of the parking observations for a typical weeknight are provided in Table B -I in Appendix B. The peak number of cars parked for the club was 74 cars at 7:00 — 7:30pm, with the vast majority parked in the club lot. Appendix B also contains an estimated breakdown of parking demand by use component. A Peak Weekend Day Because boating activity is highest at weekends, observations were also conducted on a Saturday afternoon (Saturday, July 10), at 2:30 — 3:30pm. This was a summer weekend, with sunny weather with one of the highest volume club boat races (Angleman Series) of the year. There were no functions at the club, and no member dining (except for occasional meals served in the Columbia Room/bar) — so it can be considered a peak day for boating activity. The results of the parking observations are summarized in Appendix C. A total of 80 cars were parked associated with the club, of which 54 were estimated to be parked for boating activity, 14 for the clubhouse (bar and pool areas), and 12 for employees. As shown in Table C -2, the peak parking demand at the club that day occurred at 2:30pm. Although no clubhouse functions were occurring the day of the observations, it is possible to estimate a parking demand for such functions. For example, a function of 200 people would generate a parking need of 100 cars (based on 2 persons per car). The total parking demand during peak weekends including club activity would therefore be the 80 observed cars plus 100 cars for the function, or a total of 180 cars. We are informed by the BCYC however, that not all weekend functions start in the afternoon, or coincide with peak boating activities such as racing. Some typically start later towards the evening .Table C -I shows that on Saturday July I0, the parking count in 7 the lot at 5:30pm was 60 cars, so if a function started about 5:OOpm the total parking demand would be 60 + 100 =160 cars. Summary Analysis of the City Parking Code, actual observations at the BCYC, and estimates of parking demand, has identified a parking need in the range of 131 spaces to 180 spaces. A parking need of 160 spaces covers most circumstances at the club, and 180 spaces most of the peak needs. Clearly there are a limited number of occasions when parking need will be higher than the levels identified above, but those occasions are the exception and occur infrequently. They are typically events such as Opening Day, the Boat Parade, and the Ensenada Race - which are peak "Newport Events ", and some functions at the club. It is impractical to size parking lots for such peak occasions -just as it is for example to size shopping center parking lots for the peak shopping days around Thanksgiving and Christmas, and school parking lots for major school events. It is concluded that the above observations and estimates define parking needs for the vast majority of circumstances at the club including typical peak levels- •� 5. Parldng Management Plan for the Bahia Corinthian Yacht Club Based on the analysis found in the preceding study, the number of parking spaces servicing the Club was found to be inadequate. Additionally, parking operational practices at the Club have further constrained the Club's ability to meet the need for parking. The following Parking Management Plan describes how parking supply and operations will be conducted at the Club, in accordance with the City of Newport Beach Use Permit No. 2004 -001 approved by the City Planning Commission in resolution No. 1643 on August 19, 2004 (see Appendix E). Parking Supply Summary Three major changes are proposed that will significantly increase the parking supply at the Club. These changes are summarized below: 1. Increase the number of spaces on -site in the Club lot — to 129, as shown in the attached final site plan layout (see Appendix F). 2. Use off -site spaces. The Club may enter into agreements to utilize off -site spaces. Two initial potential locations have been identified: either in the office building lot across the street, after 6:OOpm and on weekends and holidays (28 spaces), or the California Recreation Company Bayside Marina lot at 1353 Bayside Drive north of the Club (not necessarily the same times) if available (up to 20 spaces). Other potential locations could also be investigated. 3. Use valet parking in the Club lot when necessary (21 spaces), as shown in the attached final site plan layout. The first change described above will increase the permanent on -site parking supply at the Club to 129 spaces — an increase of 43 spaces or 50%. With the additional use of on- site valet parking, the total supply will increase to 150 spaces — an increase of 64 spaces or 74 %. If off -site parking were also obtained the total supply could be increased (for example to 178 with use of the office building parking lot across the street, or to 198 spaces with the use of the office building lot and the lot at 1353 Bayside Drive to the north). 9 $ 1 Parldng Supply Details 1. On -Site Striped Spaces The first major change is to increase the number of spaces provided on -site. The majority of the existing parking spaces in the lot will remain as they are today. However, the lot will be enlarged by reducing the size of the dry boat storage yard, and reconfiguring the loading dock and.trash areas. The proposed parking layout is shown in the attached site plan. New spaces will be striped to bring the total to 119 spaces in the publicly accessible lot. An additional 10 spaces will be striped within the dry boat storage yard and will be available at all times for use by employees. The dry boat storage yard will remain gated, but employees will be provided with the key code to enable access to the yard. A Club employee will move cars within the boat yard if necessary to access a stored boat. These spaces may alternately be used for the Junior Boat Program, or valet parking, if the Club secures alternate off -site off - street parking for employees that is approved by the City Planning Department. This will provide a total of 129 on -site spaces at the Club, as shown on the attached site plan. 2. Off -Site Spaces The second major change could be to enter into an agreement for use of parking spaces at one or more off -site locations. The Club may enter into agreements to utilize off -site spaces. Two initial potential locations have been identified: either in the office building lot across the street, after 6 :00pm and on weekends and holidays (28 spaces), or the, California Recreation Company Bayside Marina lot at 1353 Bayside Drive north of the Club (not necessarily the same times) if available (up to 20 spaces). Other potential locations could also be investigated. Any off -site spaces will need to be subject to both City Planning Department and City Traffic Engineer approval and an agreement between the Club and the lot owner. Off - site spaces will be used as supplementary parking supply, They will not, however, be mandated as it would lock the Club into a specific number of spaces and not allow flexibility if a different lot were secured. Additionally it would put the Club at a competitive disadvantage to continuing any active off -site parking agreement. At the time of preparing this Parking Plan two initial potential locations have been identified: either in the office building lot across the street, after 6:OOpm and at weekends (28 spaces), or the Bellpott Bayside Marina lot on Bayside Drive north of the Club (same times) if available (20 spaces). Observations were conducted of utilization of the office parking lot (28 spaces) across the street on three separate occasions. This information, shown in Appendix D of the Study, 10 10 illustrates that these spaces are generally available after 6pm on weekdays and on weekends. Observations were also conducted of utilization of the Bellport Bayside Marina Parking Lot, located just north of the Bahia Corinthian Yacht Club on Bayside Drive, on three separate occasions. This information is also shown in Appendix D of the Study and indicates that at least 20 spaces are generally available after 6:OOpm on weekdays and at weekends. At the time of preparing this Plan, the Club has entered into an agreement with the office building directly across Bayside Drive for the use of their 28 spaces after 6:OOpm on weekdays and during the weekends and holidays. This will bring the total on -site and off -site parking supply for the Club to 157 spaces. Spaces in the California Recreation Company Lot had not yet been secured at the time of preparing of this Plan, and use of these spaces would be subject to approval by the City and implementation of an agreement to use the spaces. Other off -site locations could also be used to supplement the parking supply if necessary or desired by the Club. The City shall be notified. of all supplemental parking locations secured 3. Valet Parking The third element of increasing the parking supply will be the use of valet parking in the Club parking lot. A total of 21 additional spaces will be achieved with valet parking. The proposed layout of valet parking spaces is shown on the attached site plan. This will increase the total on -site parking supply to 150 parking spaces. With the off -site spaces in the office hot across the street the total parking supply at the Club will be 178 spaces when valet parking is operated. Valet parking will be operated only when parking demand is anticipated to exceed the total number of on -site striped spaces and off -site spaces available. Valet parking has been tested recently at the Club and has operated successfully. Valet parking will only be operated on -site in the Club Iot, and will not be operated in the public right -of -way or elsewhere off -site. It is anticipated that two to four valet attendants will be used (depending on expected attendance). The valet pick -up /drop -off will be conducted immediately in front of the front door to the club, where the parking aisles provide plenty of room to queue cars. Further details of valet parking operations are described in sub- section 3 in the following section on Parking Management Procedures. Parking Supply and Parking Management Procedures The parking plan at this time provides a minimum of 150 spaces that can be provided on- site at the Club (129 permanently striped and 21 valet), and 178 spaces including the spaces in the office lot across the street. The Club will operate the parking in the following manner. 1 Use of On -Site Striped Parking The Club will first utilize the on -site striped parking supply (129 spaces) in a self -park operation. This will include the use of ten spaces in the boatyard for employee parking. 2. Use of Off -Site Parking The Club will next utilize any off -site parking spaces (for which it has an agreement), also in a self -park operation. As of the current time such off -site spaces will be in the office parking lot across the street. Other off -site spaces may be added in the future subject to approval by the City Planning Department and the City Traffic Engineer. If spaces are used in the California Recreation Company Lot such spaces may be used for employee parking. Any employee- designated spaces in the Club boat storage area that are freed up by such off -site parking may then be used for valet parking, for the Junior Boat Program, or continue to be used as employee spaces. The Club will post signs in its lot to inform users about off -site parking locations and available times of use. The Club will also provide information regarding off -site parking. to any outside group when it makes a booking for a function at the Club. The Club will coordinate with the management of any off -site lots that are used (other than lots available only for employee parking) to post signs that clearly inform as to the times when Club users can park there. If at any time the number of off -site spaces used by the Club is reduced, then the Club is required to manage its' activities occurring at the site such that the expected total parking demand does not exceed the available off - street parking supply, except on infrequent occasions. 3. Use of Valet Parking Valet parking will be used when the anticipated parking demand will exceed the available on -site and off -site parking supply. Valet parking will only be used on -site on the Club property. No valet parking will . occur off -site. Valet parking will operate in the following manner. Club members arriving when parking spaces are available will self -park in available striped spaces. Because these spaces do not block or hinder any of the 12 X 9 lot circulation these drivers will keep their own keys. Club members will be notified that their vehicles may be blocked in by valet parked cars. ■ Once all striped spaces have been filled, additional cars will be valet parked and drivers will leave keys with the valet attendant. Valets will park cars in the Club lot and in the boat yard. ■ During valet operations the gate to the boat yard will remain open. ■ .People leaving the clubhouse will have their car brought up by the valet if they were valet - parked, or will drive their own car away if they self- parked. The valet attendants will move any car blocking an exiting self -park car as necessary. ■ Valet pick -up /drop -off will be conducted immediately in front of the front door to the Club, where the parking aisles provide plenty of room (approximately 250 feet back to the entrance driveway) to queue cars if necessary without backing on to the public street_ The valet operations shall not allow vehicles to queue on to Bayside Drive. ■ It is expected that between two and four valet attendants will be used based on the projected parking need. Additional parking staff will be added as necessary to prevent impact to public facilities. 4 Manage Parking Levels at the Site The Study has shown that the proposed parking supply defined above will be adequate for the vast proportion of activities at the Club. However it is incumbent on the Club to manage all activities at the site such that total parking demand does not routinely exceed the available off - street parking supply. The Club will use the information provided in the Study (and appendices) as the tools with which to manage the Club activities and parking levels to accomplish this. Such management will be accomplished pro - actively. The Club will therefore regularly make projections of the expected parking demand at the Club with respect to two thresholds: If parking demand for any particular day (or part of day) is expected to exceed the total on -site and off -site parking supply, then the Club will arrange in advance to provide valet parking for that time. 2. The Club will manage in advance its overall event/function schedule to ensure that the expected parking demand for any particular day will not routinely exceed the total available parking supply (on -site and off -site and valet parking). This may require managing the size and/or scheduling of the use of the Club by outside functions. 13 f{ ✓,� It should be noted that there will still be a limited number of Club occasions when parking need will exceed the parking supply, but those occasions will be the exception and should occur relatively infrequently. 5. Other Parking Management Measures Two key changes in the operation of the parking lot will be permanently implemented. These are firstly the. permanent removal of the parking gate, so that the lot will be open at all times; and secondly the termination of the practice of reserving spaces for Club officials. As of the time of preparing this plan, both of these measures had already been implemented. In addition, the following parking management measures will also be implemented by the Club: An employee education program will be prepared that includes appropriate parking locations and procedures. All employees will park off - street at all times. Employees will be provided with a card or code to open the parking to the secured boat storage area for employee parking. 4. Written communications will be prepared and sent to each member of the Club detailing the parking policies of the facility. This or similar communication will thereafter be sent to each member once a year. Changes in parking supplies or parking policies will require advance notification of Club members. 5. With the exception of the gating to secure the dry boat storage portion of the yacht club no gating of the vehicular access areas will be permitted. 6. All non -emergency professional (outside vendors) boat maintenance activities will be allowed to park on -site and will be limited to the hours between 8:00am to 5:OOpm daily. 7. All delivery trucks will be required to service the Club from on -site and will be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that on -site access and parking will not be significantly restricted. No deliveries shall be permitted between 10:00pm and 6:OOam. 14 q� Appendix A Peak Weeknight Parking Data 15 Appendix A Table A -1 Cars Parked At BCYC - Actual Parking Demand (Wednesday June 30, 2004) Time Cars Parked On -Site Lot Off -Site Total (Club Lot 4:00 PM 51 8 59 4 :30 PM 56 9 65 5:00 PM 75 13 88 5:30 PM 87 28 115 6:00 PM 90 43 133 6 :30 PM 90 52 142 7:00 PM 87 51 138 7:30 PM 76 51 127 8:00 PM 79 38 117 8:30 PM 69 21 90 9:00 PM 58 16 74 9:30 PM 51 10 61 10:00 PM 28 2 30 10:30 PM 24 2 26 16 % Appendix A BCYC - Parking Observations and Breakdowns - Wednesday June 30, 2004 Cars parked were counted between 4:00pm and 11:00pm. A peak total of 142 cars parked for the club were counted — 90 cars on -site and 52 cars parked on- street. There was a total attendance at the club of 213 persons, which included 80 club members dining (above average), a private club member dinner of 18 persons, a private party of 70 persons, and a Rotary Club meeting (non -club function) of 45 persons. A total of 16 staff were working that evening. There was no organized boating activity. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked Club Member Dining (Assume 75% at any one time 80 total 60 2.0 / car 30 Private Dinner 18 2.0 / car 9 Non -Club Private Party 70 2.0 / car 35 Rotary Club 45 1.0 / car 45 Employees 16 staff 1.0 / car 16 Boatin Boats Out of Slip or on Boat in Slip Assume 10% of slips) 7 boats 1.0 cars /boat 7 TOTALS 142 17 41 Appendix B Table B -1 Cars Parked At BCYC (Wednesday July 7, 2004) Time Cars Parked in Club Lot 4:00 PM 59 4:30 PM 39 5:00 PM 42 5:30 PM 47 6:00 PM 48 6:30 PM 58 7:00 PM 64 7:30 PM 62 8:00 PM 60 Note: Up to ten cars also observed on El Paseo that were club - related. 19 q Cj Appendix B BCYC - Parking Observations and Breakdowns - Wednesday July 7, 2004 Cars parked were counted between 4:00pm and 8:00pm. A peak total of 64 cars parked were counted .in_the club. lot. (75 %, full). Up to about 10 cars were also parked on El Paseo, which were assumed to be club - related even though the parking lot was never full. Total peak parking demand for the club was therefore estimated at 74 cars. There was a total attendance at the club of 94 persons, which included 61 club members dining, and a Rotary Club meeting (non -club function) of 33 persons. There was no organized boating activity and very little boat usage was observed. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked Club Member Dining (Assume 75% at any one time 61 total 46 2.0 / car 23 Non -Club Rotary Club 33 1.0 / car 33 Em to ees 12 staff 1.0 / car 12 Boatin Boats Out of Slip or on Boat in Slip Assume 101/o of slips) 7 boats 1.0 cars /boat 7 TOTALS 75 20 6b Appendix C Peak Weekend Day Parking Data 21 10 Appendix C Table C -1 Cars Parked At BCYC (Saturday July 10, 2004) Time Cars Parked in Club Lot 8:30 AM 32 9:30 AM 40 10:30 AM 61 11:30 AM 67 12:30 PM 63 1:30 PM 65 2:30 PM 74 3:30 PM 72 4:30 PM 64 5:30 PM 60 6:30 PM 52 7:30 PM 51 8:30 PM 30 9:30 PM 34 10:30 PM 26 11:30 PM 24 Note: lap to six cars also observed on El Paseo that were club - related. 22 10- Appendix C BCYC - Parking Observations and Estimates - Saturday July 10, 2004 At 2:30pm there were 74 cars parked in the club lot. There were also 6 cars parked on El Paseo — although the club parking lot was not full, they were assumed to be associated with BCYC for purposes of analysis. There were only a few cars parked on Bayside which all appeared to be residential parking. The total parking usage for the BCYC at 2:30pm was therefore determined to be SO cars. There were no non -club (outside) functions occurring at the club. The lounge, and dining room were closed. There were no club meetings occurring. There were a few people in the Columbia Room (bar) and at the pool: A total of 10 boat slips were empty (boats out), and people were on 5 boats at the slip, so a total of 191/o of the boat slips were active. An Angleman Series Boat Race was occurring which involved a total of 7 boats. The Angleman Race is one of the most active at the club. An estimated 7 boats were in use from the dry boat storage yard. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked Boating Racing Boats 7 boats 1.0 cars / boat 7 Crew 35 crew 1.5 / car 24 Committee 4 2.0 / car 2 Other Out of Slip 3 boats 2.0 cars /boat 6 On Boat in Slip 5 boats 1.0 cars /boat 5 D Boats 7 boats 1.0 cars / boat 7 Sabot/Dinghy 3 boats 1.0 cars /boat 3 Club Columbia/Bar /General 12 peo le 1.0 / car 12 Pool 4 people 2.0 / car 2 Em to ees 12 staff 1.0 /car 12 TOTALS 80 23 i0 t Appendix D Table D -1 Observed Utilization of Office Parking Lot Time # of Spaces On 06 -30-04 (Wednesday) On 07 -07 -04 (Wednesday) On 07 -10-04 (Saturday) # of a # of # of o # of # of # of Cars Empty Cars Occ Empty Cars % Empty Parked Occ S aces Parked Spaces Parked Ooc Spaces 8:30 AM 27 2 7% 25 9:30 AM 27 3 11% 24 10:30 AM 27 3 11% 24 11:30 AM 27 3 11% 24 12:30 PM 27 3 11% 24 1:30 PM 27 2 7% 25 2:30 PM 27 3 11% 24 3:30 PM 27 3 11% 24 4:00 PM 27 15 56% 12 8 30% 19 4;30 PM 27 12 440/9 15 9 33% 18 2 7% 25 5:00 PM 27 12 44% 15 10 37% 17 5:30 PM 27 12 44% 15 10 37% 17 4 15% 23 6:00 PM 27 2 7% 25 6 22% 2I 6:30 PM 27 2 7% 25 2 7% 25 1 4% 26 7:00 PM 27 1 4% 26 1 4% 26 7:30 PM 27 1 4% 26 3 11% 24 0 00/0 27 8:00 PM 27 1 4% 26 2 7% 25 8:30 PM 27 0 0% 27 0 0% 27 9 :00 PM 27 0 0% 27 9:30 PM 27 0 0% 27 0 0% 27 10:00 PM 27 0 0% 27 10:30 PM 27 0 0° /U 27 0 0° /Y 27 11:30 PM 27 0 0% 27 25 165 Appendix D Table D -2 Observed Utilization of Bellport Bayside Marina Parking Lot Time # of Spaces On 06 -30-04 (Wednesday) On 07 -07 -04 (Wednesday) On 07 -10 -04 (Saturday) # of % # of # of % # of # of % # of Cars Occ TSpaces Empty Cars Occ Empty Cars Oc Empty Parked Parked Spaces Parked S 8:30 AM 50 20 40% 30 9:30 AM 50 23 46% 27 10:30 AM 50 21 42% 29 11:30 AM 50 21 42% 29 12:30 PM 50 27 54% 23 1 :30 PM 50 27 54% 23 2:30 PM 50 28 56% 22 3:30 PM 50 28 56% 22 4:00 PM 50 6 12% 44 7 14% 43 4:30 PM 50 6 12% 44 7 14% 43 25 509/0 25 5:00 PM 50 8 16% 42 8 16% 42 5:30 PM 50 9 180/0 41 9 180/0 41 14 28% 36 6:00 PM 50 8 16% 42 10 20% 40 6:30 PM 50 10 20% 40 9 180/0 41 18 36% 32 7:00 PM 50 12 24% 38 10 20% 40 7:30 PM 50 13 269/0 37 8 16% 42 17 34% 33 8:00 PM 50 12 24% 38 9 189/0 41 8:30 PM 50 7 14% 43 19 38% 31 9:00 PM 50 8 16% 42 9:30 PM 50 7 14% 43 15 30% 35 10:00 PM 50 6 12% 44 10:30 PM 50 4 8% 46 13 26% 37 11:30 PM 50 10 200/0 40 26 f dP Appendix E City of Newport Beach Planning Commission Resolution No. 1643, August 19, 2004 27 101 RESOLUTION NO. 1643 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004- 001 FOR PROPERTY LOCATED AT 1601 BAYSIDE DRIVE (PA2004 -002) THE PLANNING COMMISSION .OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, Use Permit No. 1437 was approved in July 17, 1969, to allow Bahia Corinthian Yacht Club to construct and operate a private yacht club at the subject property. The Use Permit included the approval of a waiver of on -site parking by reducing the required parking from 246 to 122 spaces. WHEREAS, the development of the site was implemented or modified to reduce the required on -site parking, increase the dry boat storage, and install an unmanned gate without City approval. WHEREAS, this unpermitted modification has caused employees and visitors to park off - site which has created parking conflicts with the neighboring properties. WHEREAS, an application was filed by Bahia Corinthian Yacht Club on January 7, 2004, with respect to property located at 1601 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 93 -115, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking from 122 to 95 spaces and to increase the dry boat storage capacity from 100 to 200 boats and modify the site plan accordingly. The request requires consideration of a parking waiver per Section 20.66. 100 of the Municipal Code since the site does not provide the minimum code required parking of 166 spaces per Section 20.66.030 of the Municipal Code. WHEREAS, at the June 17, 2004 meeting, the Planning Commission received public comments and continued the application to July 22, 2004, as requested by the applicant. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. The Commission also directed the applicant to cease the operation of the controlled gate at the main entry during business hours and discontinue the use of the reserved parking spaces. WHEREAS, on July 19, 2004, the applicant submitted a revision to the previous submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study. The applicant proposed to provide a total of 129 on -site parking spaces and to maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to August 5, 2004 meeting to allow additional time for review of the new material. WHEREAS, on August 5, 2004, the Planning Commission reviewed the augmented application, received public testimony and continued the hearing to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding possible operating conditions. ►�g City of Newport Beach Planning Commission Resolution No. Page 2 of 8 WHEREAS, a public hearing was held on August 19, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Environmental Open Space by the General Plan Land Use Element and zoned OS -A (Open Space - Active). Yacht clubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the revised application to amend Use Permit No. 1437, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The proposed increase in on -site parking by reducing the size of the dry boat storage area will increase the supply to 129 spaces which is above the number required by Use Permit No. 1437. With the implementation of valet parking, on -site parking can be increased to 150 spaces. 2. A parking study /parking management plan dated July 29, 2004, has been prepared by The Mobility Group (`The Parking Study /Parking Management Plan ") and reviewed by the Planning Commission. The Parking Study /Parking Management Plan provides the framework for a final parking management and valet operational plan that after review and approval by the Traffic Engineer and Planning Department will more effectively utilize on -site and potentially off- street parking on separate lots. The applicant is required to implement the measures included in the final parking management and valet operational plan approved by the Traffic Engineer and Planning Department. 3. The removal of the unauthorized vehicular access control arm will eliminate potential hazards when vehicles attempting to access the site to park partially block or impede vehicle travel within Bayside Drive. Eliminating reserved parking for club members will effectively increase on -site parking and reduce street parking. 4. The applicant is required to manage the occupancy at the site through scheduling of all activities such that the total parking demand does not routinely exceed available off - street parking supply. 5. The Use Permit will be reviewed by the Planning Commission at a noticed meeting no later than September 30, 2005, to ensure that adequate operation and coordination of the events and activities has occurred such that parking and vehicle access issues have been reduced or eliminated. 16 City of Newport Beach Planning Commission Resolution No. Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the above findings, the Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 1437, to be renumbered as Use Permit No. 2004-001, to authorize the continued operation of a yacht club subject to the amended Conditions of Approval set forth in' Exhibit W. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS Vgth DAY OF AUGUST 2004. BY: Larry Tucker, Chairman L- "T Jeffrey Cole, Secretary AYES: Eaton Tucker Selich McDaniel and Daigle NOES: None ABSENT: Cole and Toerge City of Newport Beach Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-001 (AMENDMENT TO USE PERMIT NO. 1437) 1. The development shall be in substantial conformance with the approved site plan dated July 26, 2004. 2. The approved site plan shall be implemented and completed within sixty (60) days from the date of the Planning Commission approval; provided, however, that the construction of the new access to the parking lot and the two adjacent parking spaces shall be implemented and completed by no later than January 15, 2005. The applicantloperator shall implement the following measures: a. Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. b. Eliminate all reserved club member parking. No reserved member parking shall be implemented in the future. C. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the approved site plan. d. A total 129 parking spaces shall be made available of which 10 spaces shall be provided for employees or valet within the dry boat storage area. Twenty-one (21) additional on -site spaces for valet service shall be made available in accordance with the final approved parking management and valet operational plan when necessary. 3. All activities shall be those of a yacht club for the members, guests, and invitees. The facility shall be operated as a private yacht club and shall not be open to the general public. Normal usage will include but not be limited to dining and dancing as well as meetings and sailing classes. Any changes in operational characteristics of the yacht club shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be modified or revoked by the City Council or 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. 5. The operator of the yacht club shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the I; lk City of Newport Beach Planning Commission Resolution No. Page 5of8 provisions of Chapter 10.26 of the Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. On-sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off- street parking supply, except on infrequent occasions, The applicantloperator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off - site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on -site and off- street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior 10- Between the hours of Between the hours of 7:00AM and 10:00PM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60d BA 6. On-sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off- street parking supply, except on infrequent occasions, The applicantloperator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off - site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on -site and off- street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior 10- City of Newport Beach Planning Commission Resolution No. Page 6 of 8 boat program. In no event shall spaces, designated for employee parking, be used for parking by the general public or for the permanent storage of boats. Valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations shall not use the public right -of -way or any off -site location for pick- up /drop -off or valet parking of vehicles. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. d. The applicant/operator shall require all employees to park off the street at all times. e. All employees shall be provided with a card- reader or access code to open the access gate into the dry boat storage area. The parking lot shall have prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area shall be reviewed and approved by the City Traffic Engineer. g. The applicantloperator shall not allow vehicles to queue onto Bayside Drive. The dry boat storage area shall remain open at all times if in use by valet operations. 9. Dry boat storage including the incidental maintenano existing buildings and the dry boat storage area as e Dry boat storage in areas outside the designated ar within any portion of the drive aisles, parking facilities exterior dry boat storage shall not impede access t Department personnel. Dry boat storage is limited to activities and boat storage or boat maintenance actin to the general public. of watercraft is permitted within hown on the approved plot plan. :a is permitted provided it is not or landscape areas. Additionally, any portion of the site by Fire ;lub members or club sponsored ities shall not be made available 10. The applicant/operator shall implement the following measures: a. An employee education program shall be prepared and implemented that includes appropriate parking locations and procedures. b. Written communications shall be prepared and sent to each member of the club detailing the parking policies of the facility as identified in the final parking management/valet operational plan and this Use Permit. This or similar communication shall thereafter be sent to each member once a year. Changes in parking supplies or parking policies will require advance notification of club members. )0 City of Newport Beach Planning Commission Resolution No. Page 7 of 8 C. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. d. All professional (outside vendors) boat maintenance activities not associated with an emergency. shall be allowed to park on -site and shall be limited to the hours between 8 :00 a.m. to 5:00 p.m. daily. 11. This Use Permit has been approved in reliance upon (i) the future preparation of a final parking management and valet operation plan and (ii) event attendance, parking needs and other data set forth in the Parking Study and Parking Management Plan dated July 29, 2004, prepared by The Mobility Group. As such, the actual parking operational characteristics will not be known until these plans are completed and implemented. In order to assure that the operational characteristics of the final parking related plans and their implementation have not had an adverse affect on the public health, safety and well being of the citizens of Newport Beach, the Planning Commission shall review the Use Permit no later than September 30, 2005. At such time, the Planning Commission reserves the right to modify the terms of this Use Permit. The City reserves the right to review and modify the parking arrangement described in this Use Permit at any time thereafter. 12. All delivery tracks shall be required to service the yacht club from on -site and shall be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that on -site access and parking will not be significantly restricted. No deliveries shall be permitted between 10:00 p.m. and 6:00 am. 13. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (consisting of three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. 14. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 15. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or kitchen equipment shall be prohibited in the parking lot. City of Newport Beach Planning Commission Resolution No. Page 8 of 8 16. Fire Department connections for the dock fire protection system shall be provided at Bayside Drive in accordance with the Fire Department requirements, unless waived by the Fire Chief. X15 i� ?I A ull'i i is j! h,' _i rl S� a V Evil I 11 1 r �S4 �a �I I �!! �y61E ail 1 � � tl i I1# +1; to till `R! =11(� hill ?? 3 s � q • 3 ©d 3 3 gs o ©o goo o ti Q Yg i z z S� d W 3 a z" j! s �o Bahia Corinthian Yacht Club (PA2004 -002) September 8, 2005 Page 2 q, �x H i PCd% av 1p SFA 8+ FR c MFR RM-C ilriilul BArFRONTALLEY,N i� ,,p� RH -A �f REOSf 'ZSFO R.1 RE cQ GElF o1� —1 OS :. RSC R- ECR 1 `�+7?U ���` AyE" Subject w 0 P BALkA Property -Z - Q .4iq X1,4 PARK AVE- ®= A BAY FRONTALLEY, S = II!l 1I I1! co w� [7 BAYFRONTS BAY FRONT ALLEYR -1.S 1 5 e� I I 1 1'. 1 , n y �P .BAY FRONFE BAY fRONFB YfRo VICINITY MAP 1601 Bayside Drive UP2004 -001 PA- 2004 -002 Current Development: Private Yacht Club To the north: Residential Developments To the east: Office Development To the south: Residential Developments To the west: Balboa Island Channel