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HomeMy WebLinkAboutBahia Corinthia Yacht Club (PA2004-002)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 run 'D -city. 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. Bahia Corinthian Yacht Club (PA2004 -002) June 17, 2004 Page 2 Bahia Corinthian Yacht 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 sere 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 comer 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: 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 comer 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 Bahia Corinthian Yacht 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. Project 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 Bahia Corinthian 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. Bahia Corinthian Yacht 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 - ballroom 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: 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(B); or 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. 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. Bahia Corinthian Yacht 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 diff icult, 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. 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 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: R salinh Ung, A ti a Planner Exhibits: Submitted by: Patricia L. Temple, Planning 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 EXHIBIT 1 DRAFT RESOLUTION' FOR DENIAL RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING 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 a yacht club at the subject property. The Use Permit included the approval of an on -site parking waiver reducing the required parking from 246 to 122 spaces. WHEREAS, the approved site plan was modified without City approval to reduce the required on -site parking, increase the dry boat storage, and install the unmanned gate. WHEREAS, this unperrnitted 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, 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 storage boat 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 per Section 20.66.030 of the Municipal Code. WHEREAS, a public hearing was held on June 22, 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 proposed amendment to reduce the required on -site parking from 122 to 95 spaces will 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 be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The extent of the off - street parking waiver requested is too severe an impact for the subject property and surrounding community as this request would be a second parking waiver for the establishment. The first parking waiver was approved for a reduction `1 City of Newport Beach Planning Commission Resolution No. Page 2 of 3 from 246 to 122 spaces. To legalize the unpermitted dry boat storage area through another parking reduction from 122 to 95 spaces would create an on -site parking shortage and would place undue burden onto the nearby private properties and streets as their patrons and employees will be forced to park elsewhere off the premise. 2. The property is not adequate in size to accommodate the additional dry storage boat spaces as it displaces needed parking. The site has designed and conditioned to have a maximum of 100 boat spaces to be dry- stored on the premises. Any additional provision for dry storage space would adversely affect the parking situation for the establishment. WHEREAS, the requested parking waiver does not meet the findings set forth in Section 20.66.100, Modification or Waiver of Off- Street Parking Requirements, due to the following reasons: 1. A municipal parking facility is not located as to be useful in connection with the proposed use or uses on the sites. 2. No evidence to support the finding that the parking demand will be less than the parking requirement of the Code. 3. A parking management plan for the site was not submitted showing that parking demand could be handled through efficient parking management. 4. It has not been demonstrated that the parking demand of the facility is less than the requirement of the Zoning Code. WHEREAS, the unmanned gate is a potential hazard and vehicle maneuvering conflicts forces visitors and employees to park off -site resulting parking problem along neighboring streets. The unpermitted gate, therefore, must be removed. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby denies the amendment to Use Permit No. 1437. 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. 0 City of Newport Beach Planning Commission Resolution No. Page 3 of 3 PASSED, APPROVED AND ADOPTED THIS 1716 DAY OF JUNE 2004. AYES: NOES: ABSENT: BY: C-"V Earl McDaniel, Chairman Michael Toerge, Secretary up2oo4 -001 denyreso.doc \A EXHIBIT 2 PC STAFF REPORTS DATED JUNE 19 & JULY 179 1969 15 June 13, 1969 A Planning Commission Meeting June 19, 1969 Item No.— K CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit Application No. 1437 Request for approval of the construction of a yacht club. LOCATION: Portion of Lot 7 and northwesterly Portion of Lot 8, Tract 3232 located at 1601 Bayside Drive, on the south side of Bayside Drive, southeast of the intersection of El Paseo and Bayside Drive. ZONE: C -1 -H APPLICANT: Bahia Corinthian Yacht Club, Newport Beach OWNER: The Irvine Company, Newport Beach Subject Property and Surrounding Land Use The property in question is the present site of the Bahia Corinthian Yacht Club which will be razed to accommodate the new facilities. With the exception of the westerly corner of El Paseo Drive and Bayside Drive, which is zoned "U ", all of the property on the north- erly side of Bayside Drive is zoned R -1. The southerly side of Bayside Drive is predominantly zoned C -1 -N, with some R -3 property to the West and the recently rezoned R -1 property (Amendment No. 255 approved by the City Council May 12, 1969) to the east. The property to the southeast is being dredged out to provide facil- ities for additional boat slips for possible use by the Balboa Yacht Club and the Bahia Corinthian Yacht Club as well as possible rental of slip spaces not associated with either yacht club. The dredging and slip construction was approved by the City Council on February 10, 1969. Analysis and Recommendation Yacht Clubs require a use permit for establishment in any district per Section 20.08.080 of the Municipal Code. The property in question has been historically used as a yacht club, and is now being used as a yacht club. The property also is bordered to the east by possible commercial slips and the existing Balboa Yacht Club; therefore, staff has no objections'.. to the construction of new and larger yacht club ,b facilities on, >'thiS..si e: _..... ..... . . TO: Planning Commission - 2. The staff feels that the major issue relative to this application involves the parking as proposed by. the applicant and as required by City Codes. The applicant proposed providing either 102 stand - ard.parking spaces or 117 attendant controlled parking spaces. The applicant also has given some consideration to double decking the parking facility and providing approximately 160 parking spaces. The appiicant's parking proposal is based on the following figures: Dining Room 250 persons Bar 50 " General Offices 8 " Kitchen Employees 15 Men's Bar 20 " Board Room 20 " Lad -ies Meeting Room 20 " Library 10 " Dining Deck 60 " 453 persons @ 1 Per 3 = 151 cars Junior Boats (85) 85 persons 4 cars Senior Boats (50) 110 50 " 194 persons 54 cars Total car requirement (151 + 54) 205 cars 'The above figures are based on maximum usage and the assumption that almost all of the juniors will either walk, bicycle, or be dropped off at the club. The applicant, in addition, has submitted what he considers to be a "normal usage" chart which reads as follows: 1. Banquet or Grand Opening 300 people 100 cars Employees 22 22 322 122 It is assume& that during,an event of this type., other meetings, boat -� ing, etc would be nil 1,. TO: Planning Commission - 3. 2. Normal maximum weekend activity: Lunch Boats 100 people 35 cars 75 " Office and help 15 Misc. (bar, lounge,etc.) 100__ " 290 60" 15 " 30 " 130 This is assumed by the applicant to be the absolute maximum usage of the facilities. The sum of.parking requirements according to City ordinances would be as follows: 125 boats dry storage and 425' of side ties 42 spaces - 5$ boats at slips 183 boats, total 57 99..- spaces Restaurant, bar and dining deck(380 seats) t,127 spaces % Office and meeting space (5119 sq.ft.) 20 " Total required parking 246 spaces The figures noted above for boat slips include all of the proposed slips southeast of the most southerly tip of the yacht club site, even though some of the slips ma,y be leased commercially by the Irvine Company rather than be reserved exclusively for the use of members of the Bahia Corinthian Yacht Club. if slips at this loca- tion are leased to persons who are not members of the yacht club, the yacht club should be required to provide parking spaces and rest room facilities necessary to serve these slips, and the Irvine Company should be required to provide an equivalent number of off - street'parking spaces within a distance of 300 feet from the exter- ior boundaries of the yacht club site for use by members of the yacht club. City ordinances require a total of 246 spaces, if the off - street parking requirement is based on the sum of the number of spaces required for"each component portion of the yacht club, and no allow- ance is made for the fact that peak parking demands for all activities probably would not occur at the same time. Staff feels that it is unreasonable to apply all of the individual requirements and then combine then as it is unlikely,that all TO: Planning Commission - 4. facilities and activities would be in peak operation at any one time. Therefore,. it is necessary to arrive at a "reasonable" figure that would guarantee adequate parking. Staff is of the opinion that it would be logical to anticipate a 2/3 use ratio; therefore, 164 parking spaces would be a reasonable requirement, based on this use ratio. The total family membership should also be examined and a fair requirement would be i parking space for each four families. The present membership stands at 409 families and the maximum pro- jected figure is 700 families. Based on one space per family, this would mean that the present requirement would be 102 spaces and the projected requirement would be 175 spaces. In order to .prov de a basis for comparison, figures were secured from the Newport Harbor Yacht Club; these figures are as follows: 617 regular members (not families) 74 women members 44 racing skippers 64 junior members 799 Total membership 272 boats dry storage 19 boats at slips and side ties 72 boats at off shore moorings 363 Total boats 463 seats restaurant, bar, and dining deck 546 person capacity if restaurant, etc. converted to assembly area. Total on -site parking provided is 51 spaces. It is noted that a large amount of on- street parking occurs; in addition, many members walk to the club. less on- street parking it available in the vicinity of'the Bahia Corinthian Yacht Club, and the potential problems re- sulting from a large amount of on- street parking are much more serious. Based on all of the above data, staff recommends approval of the application subject to the following conditions: 1. At least 175 off - street parking spaces shall be pro- vided on site, or within a distance of 300 feet from the exterior boundaries of the yacht club site, for use by members of the yacht club. This requirement is based on full development of yacht club facilities, according to the plans and information which have been submitted. If stage development is contemplated, the Q ,1 TO: Planning Commission - S. yacht club should submit information to enable the Planning Commission to determine the number of off - street parking spaces to be provided for each stage of development. 2. Dry boat storage shall be limited to 125 boats, unless additional parking is provided. 3. On sale liquor, including beer and wine, is per- mitted as a part of the club activities. 4. Prior to the issuance -f any building permit the map for Tract 6927 ^ be approved or a parcel map for the area en. .,ssed by this development must be recorded, in. uding the water area desig- nated.for slip spaces, immediately southeast of the yacht club site. By ames zum Associa a Planner JEN:hh Attachments: Vicinity Map Plot Plan 1 w Planning CommiAh,.n Meeting July 17, 1969 Item No. 1 CITY OF NEWPORT BEACH July 11, 1969 TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit Application No. 1437 Request for approval of the construction of a yacht club. LOCATION: Portion of Lot 7 and northwesterly Portion,-of Lot 8, Tract 3232 located at 1601 Bayside, Drive, on the south side of Bayside Drive, southeast of the intersection of E1 Paseo and Bayside Drive. ZONE: C -1 -11 APPLICANT: Bahia Corinthian Yacht Club, Newport Beach OWNER: The Irvine Company, Newport Beach Background This application was continued from the Planning commission meeting of June 19, 1969, to allow further study of the allocation of park- ing spaces to serve boat slips, all of which are being retained by the Irvine Company. The applicant has furnished information to the effect that parking for 32 slips, or 23 parking spaces, will be provided on the 3ahia Corinthian Yacht Club site. In addition; the applicant proposes 99 parking spaces to serve the activities of the club, exclusive of any slips. Parking for the remaining 20 slips in front of the Bahia Corinthian Yacht Club will be provided by the Irvine Company at a separate location to the west, where a total of at least 46 off - street parking spaces are tc be located. These would serve the 20 slips mentioned above, "and an additional 42 boat slips or ties, extending west to approximately the middle of the Mai Kai Apartments. Analysis and Recommendation The following is submitted in addition to the information furnished in the Staff report of June 13, 1969: The dry boat storage which was to be limited to 125 boats will more nearly approximate 80 to 100 boats. All slip.parking is computed and provided for separately. The club proposes 99 parking spaces to be reserved for the exclusive use of club members;..ard'23 parking spaces for the Irvine Company -owned and operated slips southeasterly of the club.: It should be noted that d+, T0: Planning Commission - 2. the existing curb parking on Bayside Drive is of a temporary nature and cannot be relied upon to satisfy the requirements for the yacht club; but it will undoubtedly be used and will_ offer relief until such time as Bayside Drive is widened or. posted for no parking. A comparison of the parking available at other yacht clubs shows that Newport Harbor Yacht Club has 51 on -site parking . spaces and the Balboa Yacht Club has 71 on -site parking spaces. As was stated in the previous Staff report, in a multi -use facility of this type, the individual incremental parking requirements should not be directly applied. The applicant's plan for a total of approximately 122 off - street parking spaces on ground level (and a reduced area for dry storage of boats) would appear to provide an adequate basis for approval of this application, according to experience with existing similar activities in the Newport Harbor Area. If the scale of operations expands, it may become necessary for the club to acquire additional property and /or construct multi -level parking facilities. It is recommended that Use Permit No. 1437 be approved subject to the following conditions: 1. At least 122 off - street parking spaces shall be provided on site. 2. Design layout of the parking lot, including the entrance /exit treatment, shall be subject to the approval of the City Traffic Engineer. 3. Landscap:ng 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. The membership of the club si.all be limited to 700 member families. 5. Dry boat storage shall be limited to 100 boats. 6. 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. 7. On-sale liquor, including beer and wine, is per- mitted as a part of the club activities. 0 . . 1 T0: Planning Commission -.3. 8. 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 immedi- ately southeast of the yacht club site.. t M U M Associate Planner JEN /kk Attachments: Staff Report - 6/13/69 Vicinity Map Plot Plan TY OF NEWPORT BE/-,JAI COMMISSIONERS ( July 17, 1969 the nominations were closed on motion of Commi;�j i sioner Brown, seconded by Commissioner Watson, I and carried„ John J. Jakosky, Jr, was unanimoulsly lected Chairman for the fiscal year 1969 -70. j ! i Nomi tions for 1st Vice Chairman were opened. Commiss' ner Adkinson nominated Commissioner I I I John S. son, seconded by Commissioner Martin. There being further nominations, the nomina- I I ; Lions were9clo d on motion of Commissioner Dosh, seconded b 0mmissioner Brown, and carried. I i , Commissioner John Watson was unanimously elected 1st Vice Cha'i n for the fiscal year 1469 -70. I l I Nominations for 2nd Vice Chal an were opened. Commissioner Curt Dosh was nomi ed by Commis -j sioner Glass, seconded by Commissi er Adk.insonj. I j There being no further nominations, nomina- tions were closed on motion of Commissi er Bro n, I seconded by Commissioner Martin, and card i - I I Curt Dosh was unanimously elected 2nd Vice i man for the fiscal year 1969 -70. I ! i Nominations for Secretary were opened. Commis- j I sioner Don R. Adkinson was nominated by Commis - sioRer.Dosh, seconded by Commissioner Jakosky. There being no further nominations, the nomina- tions were closed on motion of Commissioner I Glass, seconded by Commissioner Watson, and ! carried. Don R. Adkinson was unanimously ' elected Secretary for the fiscal year 1969 -70. i item 1. I USE PERMIT Request for approval of the construction of a �— yacht Club. � i APPROVED Location: Portion of Lot 7 and northwesterly ; Portion of Lot 8, Tract 3232 located: j at 1601 Bayside Drive, on the south side of Bayside Drive, southeast of the intersection of El Paseo and I i Bayside Drive. (Zone: C -1 -fi Applicant: Bahia Corinthian Yacht Club, Newport Beach i Owner: The Irvine Company, Newport Reach I :'kzNla is <: , P a g e July 17, 1969 CITY OF NEWPORT BEACP Manning Director °Nilson described the applica -II ;ion. Mr. William Ficker, representative of ippli can t, and Mr. James Taylor, representative if the owner, were presenL. %f ter lengthy discussion, the application was approved subject to Staff recommendations, jeleting Condition No. 4 and expanding Ccnditio 0. 1 to add specifiL. details as follow. The action of the Planning Commission is based upon understanding that the membership of the Bahia Corinthian Yacht Club will not exceed 700 membe families. Conditions: 1. At least 122 off- street parking spaces shall be provided on site; 98 of which are to be designated to mee?-the parking requirements of the Bahia Corinthian Yacht Club and 24 of which are to be designated to melt the requirements of 31 boat slips adjacent to the southerly corner of the yacht club site. Parking arrangements shall be set forth in detail in an agreement which shall be subject to approval,cf the City Attorney COMMISSIONERS � G INS 3 �a 1 1O i 0 ,N ? l J b=r4 = 2. Design layout of the parking lot, includ ing the entrance /ex4t treatment, shall b 7}✓ c'J' J subject to the approval of the City J -_ %el, Traffic Engineer. 3 4 5 6 Landscaping plans, including all perimeter walls and fencing, shall be submitted tol and approved by, the Planning Director. I The landscaping is to be installed in accordance with the approved plan prior i to final building inspection. Dry boat storage shall be limited to 100 boats. 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.j On -sale liquor, including beer and wine, Is permitted as a part of the club activ Page 3. ti P-s II!! I y j I I i i I i i I Y r; it II� �1 . rr ,a, fY OF NEWPORT COMMISSIONERS "A TI ;Request 7. Prior to the issuance of an7building permit, the map for Tract 69ust be approved or a parcel map for the area encompassed by this development must be recorded,.including the water area desig nated for slip spaces immedfateiy south- east of the yacht club site. I for subdivision of 6.8± acres into 12 lots, 2 commercial lots and 3 under- Motion Second All Aye x ! x =P C lresidential P water lots. PPROVED kvcati on: Portion of Lots 8 and 9, Tract 3232 located on the south side of Bayside Drive, southeast of the intersection j of E1 Paseo and Bayside Drive. Zone: R -1 and C -1 -H j I Applicant.: Th Irvine ComXse any, Newport Beach Owner: Sampplicant I i Planning Direci or. described the applica- I tion. Mr. -lamlo was present to represen I owner /applicanfter 'scussion the Planning ,I Commission votrecomm d to the City Councithat this enttract ma b e approved in accordance witff recomme ation, deleting Condition No. rewording C dition No. 2 to require thaevised tentati map be sub- mitted showing entire water are northeaste ly of the bulkheae as a single lett red lot. Chairman Jakosy structed Staff to loo into the matter of rezoning the water area and jinitiatina proceedings. (Revised Conditions: �I 1. That all improvements be constructed as I ( ! required by ordinance and the Public I I Works. Department. I ; 2. That a revised tentative map be submitte showing the entire water area rortheastev of the bulkhead line as a single lettere ly I i lot. Page 4. U� u t o d 1- +• rl �111� �jvK u x„.. �� _•a'. ��.x "fix �' T�s " AZ ..-D r� 111 r* 2 r � r* 2 A 51 Y� .. y r � I! } w EXHIBIT 4 INFORMATION PROVIDED BY THE APPLICANT �°� Bahia Corinthian /.Yacht Club April 1, 2004 Rosalinh M. Ung Associate Planner City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Rosalinh, PLANNINf�3 DEPARTMENT CITY OF NEWPORT BEACH aPR 0 5 2004 ? 8loll0111112111213141516 This letter is in response to our conversation on the revised parking lot plan for Bahia Corinthian Yacht Club. Per your request, I have included the reasons as to why we feel the Planning Department should support our request for an amendment to our current use permit. Our current use permit requires us to provide 122 off -street parking spaces. Right now we are able to accommodate 87 spaces and our proposed revision would allow us 95 off - street spaces and 120 spaces for valet operations. This proposed revision would . dramatically decrease and eventually eliminate members and guests parking on neighboring streets or in nearby parking lots. Getting to our ultimate goal of 122 spaces is not out of the question. We can increase the number of parking spaces in our lot and dry storage area, by utilizing valet operations as needed for large events and functions. We do have space to accommodate an additional 25 cars within our parking lot and dry storage area. These spaces will be marked on our site plan. However, we will not be able to permanently mark these spaces on site, as the required space would infringe upon the city code requirements for drive through space and parking space size. The second issue to be addressed is the use of our private access gate. We request that the city of Newport Beach allow us to keep our gate card accesses to both our main parking lot and dry storage area. Most importantly these gates provide security to both our members vehicles and boats. Providing secured access is one of the benefits of belonging to a "members only" club. Dues that are paid to the club help to maintain these gates. We fully understand that these gates do. not allow access to non - member guests, however we have a solution to help reduce themumber of vehicles parked on the street and in neighboring lots during special events and for visiting non - members. First of all the gate to enter our parking lot is in plain view of our front office and our front office personnel 1601 Bayside Drive, Corona del Mar, California 92625 Phone (949) 644.9530 Fax (949) 6449580 www.bcyc.org Bahia Corinthian /,.Yacht Club has the ability tQ open the gate with a wireless remote from the front office as needed for cars entering oEBayside Drive. Next, we can schedule a staff member to be present at the gate during non - member events to allow cars to park in our lot and again reduce the number of vehicles parking on neighboring streets or in nearby lots. As you can see, we can solve any issues the City of Newport Beach Planning Department has with our proposed amendment. We again ask for your support in approving our proposed amendment and ask for your recommendation to the City of Newport Beach Planning Commission. Please feel free to contact me with any questions or concerns. We look forward to resolving these issues promptly. Sincerely, ' Carlson General Manager 1601 Bayside Drive, Corona del Mar, California 92625 Phone (949) 644 -9530 Fax (949) 644 -9580 www.bcyc.org Bahia Corinthian ApYacht Club April 30ffi, 2004 Rosalinh M. Ung Associate Planner City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Rosalinh: RECEIVED 13Y PLANNING DEPARTMENT CITY OF NEWPORT BEACH MAY 0 5 2004 PM 71819110111 X12 ,112,3141511 I am writing you to address your requested operational characteristics of the Bahia Corinthian Yacht Club. Listed below is the detailed information needed to assist with the approval of our application submitted to the City of Newport Beach. Detailed description of club operations: • Number of members - 425 • 35 year round employees, adding 15 P/T employees for 6 weeks during the summer. • Hours of operation are as follows: Club Closed Mondays and Tuesdays, Wednesday — Sunday 9am to 9pm (office hours) and 12pm — 9pm (dining room hours), with the maim bar staying open until midnight each evening. Lunch is served 5 days each week from 12pm — 2pm and averages 20 members; Dinner is served 5 nights each week from 6pm — 9pm and averages 50 members in (including the main bar). • 2 -3 monthly "member only club events" which average 100ppl. in attendance, • 5 -6 annual "member only club events" which average 250ppl. in attendance, 7 -8 monthly "non- member events" which average 40ppl. in attendance and 1 -2 monthly "non- member events" which average 150ppl. in attendance. • At any given time during weekday, evening or weekend hours of operation the club will have an average of 20 employees on site. For large events and functions, we may have up to 25 employees on site. Approx. 12 -15 employees have access or approval to park within our main parking lot at any time. All other employees park outside on neighboring streets of Bayside or El Paseo. On average, 10 -12 employees may be parked outside the lot on nearby streets. • Presently, I am unaware and not able to find any type permit attained by the club for the main controlled- access gate to the parking lot. This gate is the only sense of privacy and security the club has. Without the main gate, we are not able to keep public vehicles off -site that may have access to our docks and slips along with our dry storage areas. 1601 Bayside Drive, Corona del Mar, California 92625 h Phone (949) 644 -9530 Fax (949) 644 -9580 www.bcyc.org 1J Bahia Corinthian /4Yacht Club Additionally, I have attached documentation showing the purchase of land and slips within our marina from the Irvine Company. With this purchase, we no longer have any obligation or agreements with the Irvine Company relating to slips, access to slips or parking spaces on -site for non - members. Also, our boat slips, dock space and dry storage are for members use only. We do not allow any non - members access to our slips, docks or dry storage areas for commercial use. We do however allow members of visiting yacht clubs access to our guest dock, on a limited basis with notice or reservation. I hope you will find this information valuable and necessary to move forward with the processing our requested use permit waiver. Please feel free to call me with any further questions you may have or information needed. Thank you in advance for your consideration. Sincerely, rian Carlson General Manager Barry Levy Commodor 1601 Bayside Drive, Corona del Mar, California 92625 Phone(949)644 -9530 Fax (949) 644 -9580 www.bcyc.org BAHIA CORINTHIAN YACHT CLUB MEMORANDUM TO: BRIAN CARLSON FROM: SUSIE BRODRICK SUBJECT: DRYSTORAGE DATE: 10/16/03 CC: BOATYARD 76 Total Spaces 60 Rented 5 Sail Fleet 10 Junior Boats 1 Vacant 10 Lasers in the Rack (full) SABOT STORAGE 112 . Total Spaces 102 Rented 4 Juniors Pending Removal 10 Vacant ABOVE LOCKER STORAGE 9 Total Spaces 3 Vacant (2 spaces with unknown sails) LOCKERS 86 Total Lockers 3 BCYC 14 Vacant 69 Rented yO 'Buy elueS WCON ]luLed OlVd e60"d 'STl PApue3S PGVOSOld uj V! 0 Z 00 D J U m 0£56-469(646) SZ9Z6 VO'MW 12P euoso0 anuQ OPiSSag 9091. an,13 IHOV1i NVIHJMUOO VIHVH M r 9 Q � n. ti9 00 H 08 eo ,� a h o► o �. U o� �► N 91 a N Gf O O O O O N rl si Ti ei Ti 9901 Y5'OT m N i ■ r `n N .n M Y � 0 0 0 c. LO cu as 0 v,(D w3 co m U J U a . > �• f6 p C J rn v Y- CO ?� °10 c m NW -0 N O _m W W >'W LL 21 0 0 , O O co LO 0 0 C)gJW d n gO��OF- CD . UWD rn OwC -)U)zw � UjQ OW W c O � L a Aft a� I� yO 'Buy elueS WCON ]luLed OlVd e60"d 'STl PApue3S PGVOSOld uj V! 0 Z 00 D J U m 0£56-469(646) SZ9Z6 VO'MW 12P euoso0 anuQ OPiSSag 9091. an,13 IHOV1i NVIHJMUOO VIHVH M r 9 Q � n. ti9 00 H 08 eo ,� a h o► o �. U o� �► N 91 a N Gf O O O O O N rl si Ti ei Ti 9901 Y5'OT m N i ■ r `n N .n M Y � 0 0 a �b r ri � N N N e{ N vi Ti rl .i Ti A � ri H Ln N O Ln z rl r T4 .q rl . � m `� rf vi rl ri G a �b EXHIBIT 5 CORRESPONDENCES IN OPPOSITION ��0 CLAYTON, CLAYTON &CO. 3700 CAMPUS DRIVE, STE. 106, NEWPORT BEACH, CALIFORNIA 92660 April 12, 2004 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH Rosalinh M. Ung Associate Planner APR 13 2004 PM City of Newport Beach AM P.O. Box 1768 71819110111112111213141516 Newport Beach, California 92658 -8915 Re Bahia Corinthian Yacht Club Use Permit 1437 Dear Mrs. Ung: I understand that you have now had contact with parties responsible for the operation of the Yacht Club, and that they have responded to you in reference to their parking shortfall, but not their expanded operation. I originally appealed to the city code enforcement department in letter form on July 28, 2003 and now after these 320 days I understand that the Club has asked for an amendment to their use permit and request that they be able to operate with even fewer code compliant parking spaces than the 122 that were the minimum required based on the use of the facilities furnished to the staff and commissioners when the use permit was approved. My original correspondence contained documentation pointing out changes in the Clubs operation that make the 122 parking spaces totally inadequate and the use of an access control for the entire parking system totally in violation of the use permit and a degrading and impossible condition for the surrounding property owners. Excerpt from use permit 1437 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. Parking arrangements shall be set forth in detail n an agreement which shall be subject to approval of the City Attorney." (See Exhibit 2) (949) 852 -0300 • FAX (949) 852.0902 L Rosalinh M. Ung Associate Planner City of Newport Beach Page Two It should also be noted that these parking requirements were based on stated conditions that are totally different than presently exist in many areas. By example: Applying the standards in the use permit to the current uses you can calculate that the required parking for the boat slips is 24/31 =.78 spaces per slip. This same formula applied to the 69 boat slips the club now provides would be .78X69 =54 parking spaces or an additional 30 parking spaces for a total of 152 on site spaces of which the 54 spaces would be designated for boat slip use. And not behind control gate limited to club members only. The dry storage is difficult to calculate due to the fact that the Club stated to the staff and commissioners that there would probably only be a need for 4 parking spaces for the 100 dry boats because most of the users would walk, ride their bicycles or be dropped off. The Club now has 110 Sabot boats and 90 additional boats, along with an 8,000 pound (4- ton) crane to lift them into the water. A reasonable assumption that the same requirement for boat slips be applied to the additional 90 boats, which could weigh up to 4 tons would be .78X90 =70 parking spaces, also without restrictions of a parking control gate. The above calculations show a requirement of 222 parking spaces, without even addressing the requirement for additional parking made necessary by the other increased uses not declared to the staff or commission in the original use permit, they are listed in my letter of July 28, 2003. We are still hoping that we can operate our office building in a high class atmosphere. We are in a dilemma, because we can not continue as conditions now exist. A change to residential use is the only way we can restrict the ingress and egress caused by a Club management that is more concerned with bottom -line performance than complying with City codes that are in place to protect all Newport Beach businesses. A zone change appears so unlikely, because of the California Coastal Commission, that we have not even asked for feedback about the cities view on that possibility. 3� Use permit maximum Current conditions Dry boat storage 100 200 010 Sabots + 90 boats) Boat slip ( 31 69 plus guest dock Applying the standards in the use permit to the current uses you can calculate that the required parking for the boat slips is 24/31 =.78 spaces per slip. This same formula applied to the 69 boat slips the club now provides would be .78X69 =54 parking spaces or an additional 30 parking spaces for a total of 152 on site spaces of which the 54 spaces would be designated for boat slip use. And not behind control gate limited to club members only. The dry storage is difficult to calculate due to the fact that the Club stated to the staff and commissioners that there would probably only be a need for 4 parking spaces for the 100 dry boats because most of the users would walk, ride their bicycles or be dropped off. The Club now has 110 Sabot boats and 90 additional boats, along with an 8,000 pound (4- ton) crane to lift them into the water. A reasonable assumption that the same requirement for boat slips be applied to the additional 90 boats, which could weigh up to 4 tons would be .78X90 =70 parking spaces, also without restrictions of a parking control gate. The above calculations show a requirement of 222 parking spaces, without even addressing the requirement for additional parking made necessary by the other increased uses not declared to the staff or commission in the original use permit, they are listed in my letter of July 28, 2003. We are still hoping that we can operate our office building in a high class atmosphere. We are in a dilemma, because we can not continue as conditions now exist. A change to residential use is the only way we can restrict the ingress and egress caused by a Club management that is more concerned with bottom -line performance than complying with City codes that are in place to protect all Newport Beach businesses. A zone change appears so unlikely, because of the California Coastal Commission, that we have not even asked for feedback about the cities view on that possibility. 3� Rosalinh M. Ung Associate Planner City of Newport Beach Page Three After 56 years of nearly continuous family ownership of property on Bayside Drive, including 20 years on this site, we would like to retain ownership but the viability as a professional building, operating with a neighboring property owner flagrantly defying city codes and state laws, is severely curtailed. To sum up we must get results, it cannot be right to ignore laws and codes, please let us be the easy going property owner we started out to be 320 days ago. We think it is good that you have tried to work with the Club management but we are suffering and they are not responding to either the agency with police powers or the neighborhood with the potential of great financial loss. Yours truly, Earl Buzz Clayton Cc: Chandra Slave — Assistant Planner Jim Sinasek — Code Enforcement Supervisor John Douglas — JH Douglas 3� EXHIBIT 6 PROJECT PLANS qb 00 pp0 g� y 3n L � Y A" mFBCYCSrrEPAYJUNG 1 iJPSZSVFAE &ASSOCIATES �"C.,.°"e.em � ,e Utazaw�gr8xe.sg a,+t4aacoP�.ut�.wxwoa was � �,,,� ..oE� 7G � d 9 eN = �Vl �2 'V 1 M a O j 1 IV 7 H a v 3 jai r. FF - -y i � N .^ Lam_ � a ! __ =• —r 5 1 L r I i i I I ! i I � I I i � Y I I � I I C I yj t.! i