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HomeMy WebLinkAboutPacific Coast Yacht Club (PA2004-216)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. -V December 9, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach-ca.us SUBJECT: Pacific Coast Yacht Club & Charter Yachts of Newport Beach Off -Site Parking Agreement No. 2004 -002 & Modification Permit No. 2004 -067 (PA2004 -216) 2527 W. Coast Highway APPLICANT: Norm Goodin REQUEST A request for the approval of an Off -Site Parking Agreement to satisfy the off - street parking requirements for charter boat service utilizing two off -site properties located at 2530 and 2436 W. Coast Highway. The applicant also requests an approval of a Modification Permit to allow tandem parking at the subject property. RECOMMENDATION Staff recommends approval of Off -Site Parking Agreement No. 2004 -002 and Modification Permit No. 2004 -067 subject to the findings and conditions of approval included within the attached draft resolution. DISCUSSION Site & Project Overview The subject property is located on the south side of Coast Highway, east of Tustin Avenue, within the Mariner's Mile Specific Plan area, and has a zoning designation of SP -5- Mariner's Mile - RMC (Recreational and Marine Commercial). Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 2 VICINITY MAP 2527 W. Coast Highway Off -Site Parking Agreement No. 2004 -002 & Modification Permit No. 2004 -067 PA2004 -216 Current Development: Retail and Service Commercial Development To the north: Retail and Service Commercial Developments To the east: Retail and Service Commercial Developments To the south: Residential uses across the Lido Channel To the west: Retail and Service Commercial Developments Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 3 The property is a narrow and deep lot, approximately 20,000 square feet in size. The site is improved with three freestanding buildings, totaling approximately 7,440 square feet in area. The two existing buildings fronting on Coast Highway are presently occupied by retail commercial and office businesses. The remaining two -story building located to the rear of the property formerly occupied by the South Shore Yacht Club (SSYC), has been vacant since May 2004. The applicant purchased the subject property in 2002 with the intention of relocating his charter boat company, Charter Yachts of Newport Beach, which presently operates from Lido Marina Village. The applicant proposes to utilize a portion of the first floor of the two -story building for his yacht charter company. A new yacht club under ownership of the applicant, named Pacific Coast Yacht Club, will occupy the entire second floor and the remaining space on the first floor. The applicant has submitted a business operations plan (Exhibit 2). The two existing buildings fronting on Coast Highway would remain and continue to be leased with no physical improvements. The existing boat slips located to the rear of the property are in the process of being reconfigured to have three boat slips for larger yachts, including the proposed charter yacht. Retail Commercial Operations: The two buildings fronting on Coast Highway are occupied by commercial and office businesses: Phantom at 2523, Caroden Group Architects at 2525, and Floor Gallery Showroom at 2537. Their business hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, according to the applicant. Charter Boat Operations: The charter service would operate out of the first floor of the rear building with the yacht named "Icon ". The charter business would operate up to a maximum of nine (9) cruises per week; one cruise per evening Monday through Friday, from 6:00 p.m. to 10:00 p.m., and two each on Saturday and Sunday, from noon to 4:00 p.m. and from 6:00 P.M. to 10:00 p.m. The motor yacht is 120 feet long and is certified to accommodate up to 150 passengers plus 14 crew members. Boat charters are permitted uses in the Recreational and Marine Commercial zone. The applicant is in the process of obtaining a Commercial Harbor Activities Permit (CHAP) for his charter boat business in accordance with Chapter 5.18 (Marine Charter Permits) of the Municipal Code. Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 4 Yacht Club Operations: Pacific Coast Yacht Club will be operating as a private yacht club. Boating related and social events would be held in the evenings or on the weekends and would not occur during regular business hours while the commercial businesses are in operation. According to the applicant, the club would be available for member -only events. Private clubs, including yacht clubs, are conditionally permitted use in the Recreational and Marine Commercial zone of the Mariner's Mile District. As the subject property has been occupied by a yacht club without a use permit, the operation of Pacific Coast Yacht Club is a continuation of a nonconforming use. Therefore, a use permit would not be required at this time. The table below provides a summary of hours of operations for the charter service, yacht club, on -site commercial tenants, including the properties located at 2530 W. Coast Highway (Bayport Yachts) and 2436 W. Coast Highway (Coldwell Banker) where off -site parking would be provided. Parking The subject property has direct access to Coast Highway and currently has approximately 13 parking spaces. Vehicular access to the property is available through a narrow opening of 11 feet and 6 inches, located between the existing retail and commercial buildings facing Coast Highway. The boat charter operation for the yacht "Icon" requires a total of 55 parking spaces (one parking per each 3 occupants including crew members). The yacht club facility requires a total of 47 parking spaces at one space for every 35 square feet used for assembly purposes. The existing commercial /office businesses require a total of 19 Type of Business Hours of Operation Subject Charter Yachts of Newport M -F: 6:00 p.m. -10:00 P.M. Property Beach — 2527 W. Coast S &S: 12:00 p.m. — 4:00 p.m. and Highway 6:00 p.m. - 10:00 p.m. Pacific Coast Yacht Club M -F: 5:30 p.m. -11:00 P.M. 2527 W. Coast Highway S &S: 11:00 a.m. —11:00 p.m. On -site Commercial Tenants M -F: 9:00 a.m. -5:00 p.m. — 2523 thru 2537 W. Coast Highway Off -Site Coldwell Banker - 2436 W. M -F: 8:00 a.m. — 5:00 p.m. Properties Coast Highway Bayport Yachts Inc. — 2530 M -Sat.: 9:00 a.m. -S:OO p.m. W. Coast Highway S: 12:00 p.m. — 5:00 P.M. Parking The subject property has direct access to Coast Highway and currently has approximately 13 parking spaces. Vehicular access to the property is available through a narrow opening of 11 feet and 6 inches, located between the existing retail and commercial buildings facing Coast Highway. The boat charter operation for the yacht "Icon" requires a total of 55 parking spaces (one parking per each 3 occupants including crew members). The yacht club facility requires a total of 47 parking spaces at one space for every 35 square feet used for assembly purposes. The existing commercial /office businesses require a total of 19 Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 5 parking spaces. Two parking spaces for the boat slips are also required. The total number of required parking spaces is 123. The applicant proposes to provide a total of 128 parking spaces: 43 spaces at the subject property in a tandem configuration, 35 spaces at 2436 W. Coast Highway, and 50 spaces at 2530 W. Coast Highway in order to support the business operations at the subject site. On -site Lot During the business hours on Monday through Friday, from 9:00 a.m. to 5:00 p.m., the on -site parking spaces will have a normal parking configuration of 26 spaces, which will be used by the commercial businesses including the administrative activities of the yacht club and charter boat service. The 25 parking spaces provide adequately for these businesses since the Code requires a minimum of 21 spaces (19 spaces for the retail businesses and 2 spaces for the boat slips) during this time frame. The remaining 4 spaces will be available for the charter boat service and/or yacht club administrative functions. During the weekdays after 5:00 p.m. and all day on the weekends, the on -site parking lot would be parked in the tandem configuration of 43 spaces during the charter boat operations. The lot would not be in this configuration until all retail business vehicles have cleared the lot. A parking attendant for charter service would staff this lot to direct traffic and to ensure that the retail business vehicles would not be blocked. It is anticipated that this lot will be used by the employees and for overflow parking when the off -site lots fill up. Off -Site Lots The applicant has entered into two separate parking agreements with the property owners at 2436 and 2530 W. Coast Highway (Exhibit 3). The applicant secured a parking agreement with Cal KM LLC located at 2436 W. Coast Highway for the use of 35 parking spaces. The term of this parking agreement is for 5 years, from July 1, 2004 to August 1, 2009. These spaces are available Monday through Friday, after 5:00 p.m. and all day on Saturdays and Sundays. This lot will be available to the yacht club members and charter patrons. The applicant also has secured 50 parking spaces with Bayport Yachts Inc. located at 2530 W. Coast Highway. The term of this parking agreement is also 5 years, from October 1, 2004 to October 1, 2009. The property presently has a total of 65 spaces of which 50 spaces are being leased to the applicant. The remaining 15 spaces are being used by Bayport Yachts. The Code requires a minimum of 15 parking spaces for the yacht sales business located at this property. Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 6 The charter guests and yacht club members will be instructed and given maps showing the location of the off -site lots. Parking attendants will also instruct the charter guests to park at the off -site lots first and then the on -site lot. The charter guests will be directed to arrive and depart within a 30- minute window for each cruise and are advised to depart the lot immediately after docking or face the possibility of being towed. Parking attendants will be stationed at each lot to insure that all guests park and depart after the cruise properly. The applicant submitted a parking management plan to articulate the use of on -site and off -site parking arrangements (Exhibit 4). The City Engineer has reviewed and approved the parking lot layouts for both on- and off -site lots with conditions. Parking LotlOwner M -F: 9:00 a.m. to M -F: 5:00 p.m. to S & S: 11:00 a.m. 5:00 P.M. 11 P.M. to 11:00 P.M. Subject Site — Retail businesses & Employee & Charter Employee & Charter 25143 spaces charter office (25 overflow (43 overflow (43 spaces) spaces) spaces) Cal KM LLC Coldwell Banker & Yacht Club & Yacht Club & (2436 W. Coast retail /professional Charter (35 spaces) Charter (35 spaces) Highway) — 35 offices spaces Bayport Yachts Bayport Yachts Charter & Yacht Charter & Yacht (2530 W. Coast Club (50 spaces) Club (50 spaces) Highway) — 65 spaces Bayport Yachts (15 spaces) Pursuant to Section 20.66.080, Off- Street Parking on a Separate Lot, the Planning Commission shall not approve off - street parking on a separate lot from the site or sites unless: A. Such lot is so located to he useful in connection with the proposed use or uses on the site or sites. The two off -site lots are located on the north side of Coast Highway and in close proximity to the subject property and will be useful to the proposed boat charter business and the yacht club operation. Charter guests will be given maps showing the location of these parking lots and yacht club members will be instructed to park at the proper location. Pedestrian access is afforded at the signalized intersection at Tustin Avenue. B. Parking on such lot will not create undue traffic hazards in the surrounding area. Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 7 The use of off -site parking lots will not create undue traffic hazards in the surrounding area. Guests will be instructed to cross Coast Highway at the pedestrian crossing at Tustin Avenue to and from the off -site parking lots. Furthermore, to avoid traffic congestion on Coast Highway, all vehicles, including limousines, will be instructed to enter and exit the parking lots by the extension of Avon Street used to access the municipal parking lot. C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the site or sites). The applicant has secured a 5 -year term parking agreement with the property owners of the off -site parking lots. The applicant has submitted documentation from the property owners that these off -site parking spaces have not been leased to any other business than the applicant (Exhibit 3). D. The owner or owners and the City, upon approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City Attomey, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof riled with the Planning Department. A condition of approval is included in the draft resolution, requiring the minimum provision of 80 parking spaces in the off -site lots, and the recordation of the agreements with the County Recorder's office ensuring the availability of the spaces for the uses. E. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off - street parking on a separate lot. The payment of the fee has been deposited by the applicant for the administrative cost of the off -site parking agreement. Modification Request for Tandem Parking Title 20 requires that requests to utilize tandem parking spaces obtain approval of a Modification Permit. In this particular case, the applicant is requesting that approval be granted for tandem parking on the subject property. The on -site parking lot will be parked in tandem configuration to yield a total of 43 parking spaces. Because of the Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 8 configuration of the subject property and the location of the existing structures, the use of tandem parking is the only way to maximize the number of off - street parking spaces. Furthermore, the on -site parking lot will primarily be used by the charter service and yacht club employees at predictable times, where they would be the first group to arrive and the last ones to leave the premises. Since charter patrons arrive and depart the parking lot at set times around the boat charter schedules, the use of a tandem parking arrangement for this lot would be successful and would allow the most efficient use of parking space available on site. This arrangement would also minimize conflict between vehicles entering and departing from the subject property. The Traffic Engineer has reviewed the plan, and with the provision of a parking attendant, the tandem spaces will function adequately, especially since employees will utilize the interior spaces and there is only one charter boat with predictable operational hours. These factors reduce conflict with the tandem spaces. Therefore, staff concludes that granting approval for the tandem space is feasible for this particular location and would therefore not prove detrimental. Environmental Review The proposed 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). 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. SUMMARY In summary, the proposed parking management plan identified the functional characteristics of the parking lots and illustrated that there will be adequate parking for the yacht club and charter operations as well as the commercial businesses located on the subject property at different hours. The provision of parking attendants at all parking lots during the charter cruises will reduce negative traffic impact movement along the highway. The off -site parking agreement with each of the property owners of off -site parking lots has proven to be viable and will ensure that the required number of parking spaces for the uses will be provided and maintained at all times. Staff, therefore, believes that the required findings of the Off -site Parking Agreement can be met. The modification permit approval for the tandem space is a reasonable request given the existing condition of the property and proposed parking arrangements. Pacific Coast Yacht Club & Charter Yachts of Newport Beach December 9, 2004 Page 9 Alternatives Should the Commission find that that the proposed parking arrangements are not acceptable, staff recommends that the item be continued to allow the applicant an opportunity to develop alternative parking arrangements. Prepared by: joil nh M. Ung, ss ciate Planner Exhibits Submitted by: Daniel Trimble, Acting Planning Director 1. Draft Resolution No. 2004 -_; findings and conditions of approval 2. Business Operations Plan 3. Parking Lease Agreements 4. Parking Management Plan 5. Project Plans EXHIBIT 1 DRAFT RESOLUTION 16 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING OFF -SITE PARKING AGREEMENT NO. 2004 -002 AND MODIFICATION PERMIT NO. 2004 -067 FOR PROPERTY LOCATED AT 2527 W. COAST HIGHWAY (PA2004 -216) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Norm Goodin, with respect to property located at 2527 W. Coast Highway and described as the northwesterly 50 feet of the southerly 1150 of Lot H of Tract No. 919 . and the northwesterly 50 feet of the southeasterly 1200 feet of Lot H of Tract No. 919, as per map recorded in book 29, pages 31 to 34 inclusive of Miscellaneous Maps, records of Orange County, California, requesting approval of an Off -site Parking Agreement to satisfy the off - street parking requirements for charter boat service utilizing two off -site properties located at 2530 and 2436 W. Coast Highway. The applicant also requests an approval of a Modification Permit to allow tandem parking at the subject property. WHEREAS, a public hearing was held on December 9, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Recreational & Marine Commercial by the General Plan Land Use Element and zoned SP -5 - Mariner's Mile - RMC (Recreational and Marine Commercial). The property is presently improved with three freestanding buildings, totaling approximately 7,440 square feet in size. The two existing buildings fronting on Coast Highway are presently occupied by retail commercial and office businesses. The remaining two -story building, located to the rear of the property, has been vacant since May 2004. Retail commercial uses, charter service, and private yacht club are permitted within the General Plan and Zoning designation. WHEREAS, the Planning Commission finds as follows: The two off -site lots are located on the north side of Coast Highway and in close proximity to the subject property and will be useful to the proposed boat charter business and the yacht club operation. 2. The use of off -site parking lots will not create undue traffic hazards in the surrounding area. Charter patrons will be given maps showing the location of these parking lots and yacht club members will be instructed to park at the proper location. Patrons will be instructed to cross Coast Highway at the pedestrian crossing at Tustin Avenue to and from the off -site parking lots. To avoid traffic l� Planning Commission Resolution No. Page 2 of 5 congestion on Coast Highway, all vehicles including limousines will be instructed to enter and exit the parking lots by the extension of Avon Street. 3. A 5 -year term parking lease agreement has been secured with the property owners of the off -site parking spaces. The applicant has submitted documentation from the property owners that these off -site parking spaces have not been leased to any other business than the applicant. 4. A condition of approval is included, requiring the minimum provision of 80 off -site parking spaces and the recordation of the agreement with the County Recorder's office ensuring the availability of the spaces for the uses. 5. The modification to the Zoning Code as proposed will not be detrimental to the health, safety, peace, 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 for the following reason: The modification permit to allow tandem parking in a commercial district is a reasonable solution to maximize available on -site parking given the configuration of the subject property and the area available for vehicle parking. The Traffic Engineer has reviewed the plan and with the provision of a parking attendant, the tandem spaces will function adequately, especially since the employees will utilize the interior spaces and there is only one charter boat with predictable operational hours. These factors reduce conflict with the tandem spaces. 6. The proposed project has been determined to be Categorically Exempt under Class 1 (Existing Facilities) as there is no new construction proposed with this application. NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Off -site Parking Agreement No. 2004 -002 and Modification Permit No. 2004 -067, subject to the Conditions set forth in Exhibit "A." 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. ;a Planning Commission Resolution No. Page 3 of 5 PASSED, APPROVED AND ADOPTED THIS 9h DAY OF DECEMBER, 2004. BY: Larry Tucker, Chairman En Jeffrey Cole, Secretary AYES: ABSENT: NOS: )3 Planning Commission Resolution No. Page 4 of 5 CONDITIONS OF APPROVAL Off -Site Parking Agreement No. 2004 -002 & Modification Permit No. 2004 -067 1. The development shall be in substantial conformance with the approved plot plan and floor plans dated August 26. 2004, with the exception of any revisions required by the following conditions. 2. The approval of Off -Site Parking Agreement No. 2004 -002 and Modification Permit No. 2004 -067 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Off -Site Parking Agreement and Modification 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 injurious to property or improvements in the vicinity if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in the operational characteristics, hours of operation, expansion in area, or other modification to the floor area of the yacht club and /or charter service business, shall require amendment or the processing of a new Off -Site Parking Agreement and /or Modification Pen-nit. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments for improvements to be done in the two -story building located at the rear of the subject property. Any construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 6. Prior to operation of the charter service, the applicant shall obtain a Commercial Harbor Activities Permit (CHAP) for the charter boat business in accordance with Chapter 5.18 (Marine Charter Permits). 7. The off -site parking lots shall have parking attendants. The charter service patrons and yacht club members shall be directed to use the off -site parking lots located at 2436 and 2530 W. Coast Highway. 8. The on -site parking lot (2527 W. Coast Highway) may be parked in a normal parking configuration of 26 parking spaces for the retail commercial tenants on Monday through Friday, from 8:00 a.m. to 5:00 p.m. 9. After 5:00 p.m. on weekdays and all day on Saturdays and Sundays, the on -site parking lot shall have parking in a tandem configuration of 43 spaces. These parking spaces shall be used for employee parking and overflow parking for the to Planning Commission Resolution No. Page 5 of 5 charter service. Parking attendants shall be provided during this period of time to ensure that the retail business vehicles would not be blocked. 10. Two parking spaces shall be reserved for the two boat slips at the on -site parking lot at all times. 11. A minimum of 123 spaces shall be provided for the subject property, of which 43 spaces shall be provided onsite. 12. An off -site parking agreement, subject to the review and approval by the City Attorney's office, shall be recorded. The agreement shall guarantee a minimum of 80 off- street parking spaces located at 2436 & 2530 W. Coast Highway for the uses authorized on the subject property. 13. No less than 60 days prior to the cancellation or expiration of any off -site parking lease, the applicant or future operator of the charter boat service shall submit lease extensions or new leases in accordance with this approval. Should parking be proposed at a location other than the lots originally approved for the use, the new lots/spaoes shall be reviewed by the Planning and Public Works Departments to ensure that the spaces are located as to be useful to the project site and that the spaces are adequately secured for exclusive use when needed by private leases. 14. In the event that off -site parking is no longer available, the charter boat service shall immediately be discontinued until adequate off -site parking has been provided. 15. All parking in conjunction with the subject property shall be confined to the parking lots over which the applicant, owner or operator has written rights to park. If; in the opinion of the Planning Director or City Traffic Engineer, the charter service and /or yacht club create parking congestion at the site, the applicant shall immediately resolve the congestion problem by reducing attendance or increasing parking attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised parking management plan. 16. The on -site parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 17. Should valet operation be desired, a valet operations plan describing the operational characteristics shall be reviewed and approved by the City Traffic Engineer. �5 EXHIBIT 2 BUSINESS OPERATIONS PLAN ,b Business Operations Plan 2523 to 2537 West Coast Highway Site Description The subject site contains three separate buildings that house businesses operating from the location. 2523 and 2525 West Coast Highway are retail businesses that front the street in a 1,936 square foot building. 2535 and 2537 West Coast Highway are two additional businesses that front the street and are housed in a 2,804 square foot building. The yacht club and charter business would be located at 2527 West Coast Highway in a two -story 2,700 square foot building located at the rear of the property adjacent to Lido Channel. An 11 -foot, six -inch wide driveway runs between the two commercial buildings and flows into the parking lot located on site. Operational Plan The commercial/professional businesses located at 2523 (Phantom Marine Electric), 2525 (Caroden Group Architects), 2535 (West Mortgage) and 2537 (Floor Gallery Showroom) West Coast Highway operate from 9 a.m. to 5 p.m. Monday through Friday. They are closed on the weekends. Tenants are advised that they and their customers must leave the on -site parking lot by 5:30 p.m. each day. Charter Yachts of Newport Beach operates out of an office and boat slip located behind the commercial /professional businesses. The Charter business operates up to nine cruises per week if it is fully booked; five charters during the week from 6 p.m. to 10 p.m., and two each on Saturday and Sunday from noon to 4 p.m. and 6 p.m. to 10 p.m. Charter �I cruises are available for weddings, birthday parties, corporate events, dinner parties and other social events. Pacific Coast Yacht Club is an additional business sharing space in the rear building. It is a private club that does not currently possess an ABC license but will likely apply for one. When a license is secured, proper city approval for an ABC license will be pursued at that time. Events at the Yacht Club, primarily on the second floor above the charter business office, would occur in the evenings after 5:30 p.m. or on the weekends and would not occur while the commercial businesses are in operation. It is contemplated that the club facilities would be available for birthday parties, corporate events, dinner parties or other special occasions. Yacht Club events will involve members only. Club activities will also be limited to evenings and weekends, and will be strictly controlled to assure that conflicts with the charter business do not occur. Parking Facilities There are basically three separate parking lots that support the business operations at the subject site. First, there is the on -site parking lot accessed by a driveway located between the two commercial buildings that front West Coast Highway. This lot includes 43 spaces in its tandem - parking configuration that is utilized primarily by employees of the yacht club and the charter business, and as an overflow lot for boat charters in the evening during the week and on weekends all day. The commercial businesses use it from 9 a.m. to 5 p.m. weekdays. Second, there is a leased lot at 2530 West Coast Highway. This lot includes 50 spaces leased from Bayport Yachts. These spaces are available from 5 p.m. to 11 p.m. Monday through Friday and 11 a.m. to 11 p.m. on the weekends. Employees or clients of Bayport Yachts do not 2 1 � utilize these spaces. Bayport Yachts operates Monday through Saturday from 9 a.m. to 5 p.m., and Sundays from noon to 5 p.m. Third, there is a leased lot at 2436 West Coast Highway (Coldwell Banker) that includes 35 additional spaces. These spaces are available seven days per week from 5:30 p.m. to midnight and all day on the weekends. The business at this site operates from 9 a.m. to 5 p.m. Monday through Friday. Both of these leases are for a five -year term. Guests of the charter business and the yacht club are given maps (attached) and instructions in advance of the event so they know when to arrive and where to park. Crewmembers staff the lots to insure patrons park correctly and leave when the cruise or the event concludes. Since the charter business runs on a set schedule, patterns of use and demand for the parking facilities are predictable. Planning Commission Minutes 11/18/2004 Page 13 of 53 Thanksgiving, or the day after Christmas that is a different deal. From our perspective, we have to look at it to say this is going from a 1,350 current use on a regular basis up. So to see that almost go up 50% to 1,900 causes me some concern in terms of how that traffic would be handled if this started to be operated at more maximum capacity. I guess Jim Karmak has a different opinion, as he has been involved with these meetings as well. Otherwise, there is no magic of 1,600 versus any other number. Chairperson Tucker, noted that he was going to jump forward a bit and jump around to take the issues that are germane to this main core issue which is the hours of operation, occupancy of the site, and then the parking issue. Maybe we ought to talk about parking because to my way of thinking, if we can not identify where all these folks are going to park, it is hard to justify the number 1,900 when we really identified where, assuming even if there is three persons for vehicle, which there may or may not be, where those bodies are going to put their cars. Mr. Ken Williams: We have several scenarios, would it be acceptable to put a slide up that indicate those? Chairperson Tucker answered go ahead. ParkinglOccupancy Analysis (Contents of slide presented by applicant) cenario Location Qty occupancy oday St. Andrew's 250 Current NH 15th St. 252 502 1506 :ase I St. Andrew's 63 (Application) Current NH 15th St. 463 1389 :ase I I St. Andrew's 400 Current NH 15th St. 652 1956 St. Andrew's 263 ;ase I I I Reconfigured NH 332 _ Mr. Williams explained the first indicator is what is happening today. Currently we have 250 parking spaces on our lot and we have access to 252 across the street in what we have labeled Newport Harbor 15th Street for a total of 502 spaces with a ratio of three that is an occupancy of 1,500 plus. Case I is what is in the application with St. Andrew's with 400 spaces in the new configuration and then we ask for permission to use 63 of the spaces in the Newport Harbor 15th Street lot, which would give us 463 or 1,389 occupancy. Case II is a logical extension of that, which is St. Andrew at 400 and being able to use the entire 252 of the existing lot that would provide 652 or 1,956 occupancy. Case If is the one that we are particularly working on which is St. Andrew at 263 and that is the 400 parking structure number reduced to 263 to produce the funds to enter into an agreement with the high school to re- configure the 15th Street lot and provide 332 spaces that would be 595 or 1,785. On this spread of cases we based and looked at our potential occupancy figures. Chairperson Tucker confirmed that each one of those assumes a 31 persons per car. Mr. Williams answered yes. Continuing, Chairperson Tucker noted that the agreement with the school district file: //H:\Plancomm \2004 \1118.htm 11/30/2004 EXHIBIT 3 CAL KM LLC PARKING AGREEMENT �� PARKING AGREEMENT This Parking Agreement, by and between CAL KM LLC, A California limited liability company (hereinafter referred to as "Lessor"} and Charter Yachts of Newport Beach (hereinafter referred to as "Lessee'), entered into as of the date last noted below, outlines the terms and conditions agreed to by both parties for the daily utilWition by Lessee of a portion of Lessor's parking lot located at 2436 West Coast Highway, Newport Beach, California (hereinafter referred to as the "Property'), as evidenced by their respective signatures below. 1. Term of Agreement: This Parking Agreement shall be for a term of fivo(5)yeate. 2. Commmeemant Date: This Parking Agreement shall commence on July 1, 2004, (hereinafter referred to as the "Commencement Date"). 3. Rent: Rent shall be One Thousand Six Hundred ($1,600.00) permon& 4. Payment Terms: Rent shall be payable monthly in advance on the first day of each month, beginning on the Commencement Date. 5. Security Deposit: Security Deposit of One Thousand Six Hundred ($1,600.00) shall be payable upon execution of the Parking Agreement. 6. Davy and Times.-of Usage by Lessee: Lessee shall have the right to utilize the Property Monday through Sunday, 5:30p m. to 12:OO&rz 7. Number of Suaca Reserved for Use by Leine: Lessee shall have no less than thirty -five (35) parking spaces for the Lessee's use for the term of the Agreement. 8. Location of Snaca Reserved For use by Lessee: The spaces reserved for Lessee shall be located in the rear parking lot of the Property. 9. Parma Attendant: Lessee shall use its best efforts to make available a parking attendant at the Property in order to insure that no unauthorized vehicles park in the spaces reserved for Lessee. Lessor mast approve any towing of vehicles. - 10. General Liability Insurance: Lessee is to provide its own liability . insurance in the minimum amount of 51 Million covering its employees, contractors, - valets, agents, customers, customers' vehicles, and the like, and naming Lessor as an Additional Insured. Proof of such coverage in the form of Certificates of Instaam is to, be provided to Lessor and said Certificates are to be kept current at all tines during the �:, �I1�,Y7 term of this Agreement. Lessor is not responsible for any loss or damage to any vehicles on the property. 11. Qther Tenants: Lessee acknowledges drat it is aware that odw tenets will be utilizing portions of the parking lot at the same cities as Leg= and vgtm to cooperate fully with those other tenants, working in hammny with all O=uP=b of 60 property. parking attendants must be trained to be courteous and kind in a va'y situation where interaction with a building tenant takes place. 12. No Other A¢reement: This Agreement sttpenrodes any and all otiff agreements between the parties, whether oral or written., 13. AAitomff s Fees: in the event any acft is brought to kMq)tet orenk= this Agreement, the prevailing party shall be awarded attorney's Sees and casts. Agreed and accepted the 03 day of Navember2004 "LESSOR» CAL CSARTXRYACWS OF A Ca rnbg* company Dilv"9VPORT B)6ACH sy: By augitton, �1O 25 09/29/2004 15:26 94964,4 -294 09/29/2004 04:40 949.,,,3149 KENT MCNAUGHTW QVRTER YAOffS pw loas a puma PAGE 02/03 EXHIBIT 4 BAYPORT YACHTS INC. PARKING AGREEMENT 5 PARKING AGREEMENT This Parking Agreement, by and between BAYPORT YACHTS INC., A California Corporation (hereinafter referred to as "Lessor") and Charter yachts of Newport Beach (hereinafter referred to as "Lessee"), entered into as of the date last noted below, outlines the terms and conditions agreed to by both parties for the daily utilization by Lessee of a portion of Lessor's parking lot located at 2530 West Coast Highway, Newport Beach, California (hereinafter referred to as the "Property "), as evidenced by their respective signatures below. Term of Aereemetit: This Parking Agreement shall be for a term of five Years Commencement Date: This Parking Agreement shall commence on October 1, 2004 (hereinafter referred to as the "Commencement Date") Rent shall be One (1) 24'x120' Slip located at 2527wtstcoantRWY {valued at 54000.00 per month) Payment Terms: Rent shall be payable monthly in advance on the first day of each month, beginning on the Commencement Date. Security Deposit: Security Deposit shall be payable upon execution of the Parking Agreement. Days and Times of Usare by Lessee; Lessee shall have the right to utilize the Property Monday through Friday. S:OO p.m. to 11:00 p.m., Saturday & Sunday 11:00 a.m. to 1 1:00 P.M. Number of Spaces Reserved for Use by Lessee: Lessee shall have no less than fifty (50) parking spaces for the Lessee's use for the term of the Agreement. Tj jgg W of Snacea Reserved for use by Lessee: The Spaces reserved for Lessee shall be designated and,located in the rear parking lot of the Property. Parkin Attendant: Lessee must make available a parking attendant at the Property in order to insure that no unauthorized vehicles park in the spaces reserved for Lessee. Property must be locked upon exit. [ eaml Liability Insurance: Lessee is to provide its own liability insurance in the minimum amount of $1 Million covering its employees, contractors, valets, agstts, customers, customer's vehicles, and the like, and naming Lessor as an additional insured. Proof of such coverage in the form of Certificates of Insurance is to be provided to Lessor and said Certificates are to be kept ct nwit at all times during the term of the Agreement. NJ Other Tenants: Lessee acknowledges that it is aware that other tenants will be Utilizing portions of the parking lot at the same times as Lessee and agrees to cooperate fully with those other tenants, working in harmony with all occupants of the Property. Parking attendants must be trained to courteous and kind in every situation where interaction with a building tenant or customer.takes place. Property is also used for the display of large boats and may necessitate the need to move the boats with large equipment. If any vehicles are left on property ovetnight they will be towed at owner's expense the following morning. No Other Agreement: This Agreement supersedes any and all other agreements between the parties, whether oral or written. Attorney's Fees: In the event any action is brought to interpret or enforce this Agreement, the prevailing party shall be awarded attorney's fees and costs. Agreed and accepted the 29 ofoctobgr 2004 "Lessor" Bayport Yachts Inc. A California Corporation a� is Its: "Lessee" Charter Yachts of Newport Beach BYr ` orm oodin Its: 21 U7 /LC /LUU4 U4: 47 74T /cJJl47 C:MflKiW YAL?l I To: City ofNewpott Beach Pknning DepuUMS -Re: %eased parkin We have not euUmad into any Other padbg agremm s ibr the spaces cotttraded to Norttmn Goodin. Bayport acht Sales rGF %Y EXHIBIT 5 PARKING MANAGEMENT PLAN a Parking Management Plan 2527 West Pacific Coast Highway Site Description Charter Yachts of Newport Beach and Pacific Coast Yacht Club are located at 2527 West Pacific Coast Highway between Newport Boulevard and Lower Back Bay adjacent to Lido Channel in the City of Newport Beach. The subject property consists of four retail businesses that face West Pacific Coast Highway with a two story structure behind that will house Charter Yachts of Newport Beach on the first floor and the Pacific Coast Yacht Club on the second floor. Kitchen facilities that will serve the yacht club are on the first floor. On -site parking includes 42 standard sized parking spaces and one accessible handicapped space. Leased parking available off site includes 50 spaces available from 5 p.m. to 11 p.m. Monday through Friday and 11 a.m. to 11 p.m. Saturday and Sunday. Additional leased off -site parking of 35 spaces is available from 5:30 p.m. to midnight seven days per week and all day on the weekends. Access to the on -site parking is taken through an opening between the commercial businesses that face West Pacific Coast Highway. Hours of Operation The four retail businesses located along West Pacific Coast Highway in front of the chartertyacht club business (2523 through 2537 West Coast Highway) operate Monday through Friday from 9 a.m. to 5 p.m. The charter business operates one cruise per evening from 6 p.m. to 10 p.m. Monday through Friday. On Saturday and Sunday, two cruises are offered each day from noon to 4 p.m. and 6 p.m. to 10 P.M. Yacht Club events would be scheduled in the evening during the week or day and evening on the weekends. The charter business and the yacht club 30 primarily utilize the offsite parking lots while the on -site parking is used for the retail businesses, employee parking and charter overflow. Parking Management The parking management plan is designed to maximize the efficiency of utilizing all available parking facilities. It is also designed to insure minimal traffic impacts to West Coast Highway from the charter boat and yacht club operations at 2527 West Coast Highway. The plan utilizes three parking lots at different hours to provide capacity for businesses operating on various schedules. On -Site Parking The on -site parking in the normal configuration of 25 spaces, including one fully - dimensioned handicapped space, is designed to be used Monday through Friday from 9 a.m. to 5 p.m. by the four retail businesses and the yacht charter office without using the tandem parking configuration. The lot would not be used in the tandem configuration until all cars from the daytime retail businesses have cleared the lot. The retail business vehicles would be parked in spaces closest to the retail buildings that face West Coast Highway. The code requires 19 spaces to support the retail /professional businesses located on the site. An additional two spaces are required for the boat slips behind the businesses, totaling 21 spaces required. In the evening after 5 p.m. and on the weekends, the on -site lot at 2527 West Coast Highway would function in the tandem configuration, featuring 43 spaces, including the one handicapped space. The charter boat and yacht club employees would park in this lot since their cars would not be moved until the close of business. A parking attendant for charter cruises h' would staff this lot. The attendant would insure that vehicles for the retail businesses would not be blocked. The charters are organized for a set time period and guests would arrive and depart at the same time, insuring that traffic would not queue onto West Coast Highway as other vehicles were exiting the on -site parking. This lot would primarily be used for charter overflow. The offsite lots will be filled first. Event parking for the yacht club would also be accommodated at the off -site lots. Guests on the charters are notified not to arrive before one -half hour in advance of departure. That allows time for the daytime on -site parking lot to clear out before guests begin arriving. It also obviates conflicts between vehicles leaving the on -site parking while others are arriving. Off -Site Lot at 2350 West Coast Highway There are also two off -site parking lots available across the street from the charter and yacht club business. The lot at 2530 West Coast Highway has a total of 65 spaces, including 50 spaces that are available for the charters during the weekday evenings and on the weekends. The lot includes an additional 15 spaces that cover Bayport Yachts' employees and customers. The boat display area is 14,625 square feet, which requires that 15 parking spaces be set aside for Bayport, well within the 15 spaces provided. Off -Site Parking At 2436 West Coast Highway An additional 35 spaces are located at 2436 West Coast Highway. Those spaces are available after 5 p.m. on the weekdays and all day on the weekends. The off -site parking lots are secured through five -year leases (attached). The 15 spaces accessed off Avon Street would be parked first to limit traffic on West Coast Highway. When those spaces are full, the 21 91 spaces that are accessed from West Coast Highway would be parked last to minimize traffic arriving for charter or yacht club activities from northbound West Coast Highway. Charter and yacht club guests are given maps showing the location of the lots before boarding and an attendant staffs each of the sites during their use. In all cases, charter guests are advised to arrive no earlier than 30 minutes before cruise time and are advised to depart the lot immediately after docking or face the possibility of being towed. Guests are also directed to cross West Coast Highway at the pedestrian - protected crossing at Tustin Avenue when walking to the charter boat or the yacht club from the off -site lots. To avoid traffic congestion on West Coast Highway, all cars, vans and limousines are instructed to enter and exit the parking lots by Avon Street. SHARED PARKING CHART Parking 9 a.m. to 5 5 p.m. to 11 11 a.m. to 11 Lot/ p.m. M/F p.m. M/F p.m. SatlSun Owner Bayport Bayport Charter/Yacht Charter/Yacht Yachts Yachts Club Club 2530 W. 50 spaces 50 spaces Coast Hgwy. Bayport 65 Spaces 15 spaces Coldwell Coldwell CharterNacht CharterNacht Banker Banker Club Club 2436 W. 35 spaces 35 spaces Coast Hgwy. 35 Spaces Charter Retail Charter Charter Yachts Businesses & Overflow Overflow 2527 W. Charter Office 43 Spaces 43 Spaces Coast Hgwy. 26 Spaces 26/43 Spaces 10 Conclusion The parking management plan as articulated here will accommodate the yacht club and charter operations as well as the commercial /professional business located on the site. Utilizing the three parking lots will maximize the parking efficiencies for businesses that operate at different hours. There will be no valet service offered at any of the parking lots; therefore, there will be no valets crossing West Coast Highway to retrieve vehicles. Charter guests all arrive and depart within a 30- minute window at each end of the cruise and attendants are on -hand to insure they park properly and depart after the cruise. �q 11/1512004 03:15 9497233149 CHARTER YACHTS PAGE 01 /r ! r 2527 Pacific Coast Hwy. P.O. Box 2736 Newport Beach, CA 92663 Newport Beach, CA 92659 Phone: (949) 723 -3148 Fax: (949) 723 -3149 chartervachts @aol.com www.4Ynb.com Directions If you are driving West towards Huntington Beach on Pacific Coast Hwy., you will make a right hand turn at a signal on Tustin Avenue. If you are driving East towards ,Laguna Beach on Pacl f/c Coast Hwy., you will turn left at a signal on Tustin Avenue. Proceed approximately 200 yards to Avon Street. Turn right, go 100 yards and turn into the Bayport Yacht Sales parking lot, located on the right. The parking lot will be open and available at : M. There will be a parking attendant on the premises, assisting you and directing you to Pacific Coast Yacht facility. As you walk from the parking lot to Avon Street, you will turn left on Tustin Avenue and walk to the signal on Pacific Coast Hwy. Cross Pacific Coast Hwy., at the signal and walk south east after crossing Pacific Coast Hwy. The entrance to the Pacific Coast Yacht Club is located approximately 725 feet, between two retail buildings. There will be a sign: 2527 Charter Yachts of Newport Beach Pacific Coast Yacht Club Parking Is only for the duration of the event, so please vacate the parking lot by, • : M or your car will be towed 35 11/15/2004 03:15 9497233149 CHARTER YACHTS PAGE 02 dGfi San Diego Freswsy a re*J eaan I I aeooroas �Nion SL NrnomR aua raea TUIMAM z a Da Pack Coasts Fmm�PCH N-a-Mbo-un9 NewgortHae6ar � lean `'_'t--'� .--- •�..�1+�'`� � --�... _ ./"tip 3� EXHIBIT 6 PROJECT PLANS 1 \ _ -' _2 !H4 �Mmamo MOVA SVOD 3NrD !f ! ; ©m W |!!! °., � |� | ■| | k,. ■ �\ » �/ ) .� § �, 4 . � $ g k § I\ � ■� � � e � � 0 a nio MOVA LSVOO :)Idl:)Vd VWWldCNDWVJUMO