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HomeMy WebLinkAboutBahia Corinthian Yacht Club (PA2004-002). CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 August 5, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner rung @ city. newoort- 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 An amendment to Use Permit No. 1437 to allow the increase of required on -site parking from 122 to 129 spaces and to maintain 100 boats in the outdoor dry boat storage area. BACKGROUND The applicant originally proposed an amendment to Use Permit No. 1437 to allow the reduction of required on -site parking from 122 to 95 spaces and to increase dry boat storage from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. This application is related to the operation of Bahia Corinthian Yacht Club which has been altered substantially in terms of its site plan and on -site parking provisions since the early 1970's. Specifically, the required number of parking spaces was not being provided; a control gate at the main entry to the parking lot had been installed without approval; and the dry boat storage area within the property was approximately twice the approved size authorized by the use permit for the yacht club in 1969. Additionally, the yacht club has opened the facility to the general public. This change in operational characteristics has increased the intensity of use and has resulted in increased parking demand in the area that has not been accommodated on -site due to the unauthorized reduction in parking and the access controls of the parking lot. On January 7, 2004, the yacht club filed the subject application to legalize the changes to the site plan, to reduce the on -site parking spaces from 122 to 95 spaces and to maintain their dry storage boat capacity up to 200. The applicant chose not to augment the application with a professional parking study or a parking management plan as suggested by staff. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 2 After receiving public comments at the scheduled June 17, 2004 meeting, the Planning Commission continued this item, as requested by the applicant, to July 22, 2004. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. On July 19, 2004, the applicant submitted a revision to the previously submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study /parking management plan. The applicant proposes to reduce the dry boat storage area and provide a total of 129 on- site parking spaces, and maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to the August 5, 2004 meeting to allow additional time for review of the new material. The augmented application contains a revised site plan showing a new on -site parking design for the Bahia Corinthian Yacht Club and a parking demand study /management plan prepared by The Mobility Group. The applicant is proposing to implement their proposal with the following measures: Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. 2. Eliminate all reserved club member parking. 3. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the original use permit. 4. Add a total of 48 striped parking spaces through the reuse of the dry storage area and other on -site alterations for a total of 129 on -site spaces which exceeds the original Use Permit requirement of 122 spaces. Increase the total on -site parking from 129 to 150 spaces through the use of valet parking. 6. Implement the parking management plan of the prepared parking demand study which balances available parking with the utilization of the yacht club. Revised Site Plan The revised site plan shows the overall proposed site improvements to the yacht club, mainly to the existing parking lot and the dry boat storage areas. In addition to the elimination of the access gate at the main entrance, the applicant is proposing to reduce the size of the existing dry boat storage area and reconfigure the loading dock and trash Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 3 areas to provide a total of 129 parking spaces for the yacht club. The existing parking spaces in the parking lot are proposed to remain as currently striped. Of the 129 spaces, 119 spaces will be available at all times for use by the patrons and 10 spaces will be provided inside the gated dry storage area for employees. The use of valet parking is also proposed when necessary based on anticipated attendance at the yacht club. A total of 21 additional parking spaces will be provided under this arrangement. The valet pick -up /drop -off will be conducted at the front door of the club, where the existing parking aisles provide the necessary queuing for vehicles. With the valet parking arrangement, the site could provide up to 150 parking spaces. The remaining dry boat storage area will be limited to the northwest comer of the property, at the same general location as originally approved by Use Permit 1437. This area will be gated and accessed only by the club members and employees. The applicant requested that the permitted number of boats stored within this storage area be limited to 100 watercrafts. This request is to clarify the ambiguity of the allowable number of boats stored on the premises specified in the original Use Permit as the yacht club stores small boats inside the clubhouse at the lower lever and larger boats outside. There are approximately 100 small watercrafts, mainly sabots and dinghies/tenders, and a few kayaks currently stored in the basement level of the clubhouse. With the changes proposed in the revised site plan where the access to the dry boat storage area and the main parking lot is limited, the Fire Department is requiring the applicant to either relocate the existing dock fire protections or provide new fire connections at Bayside Drive. This requirement has been included as an condition of approval in the attached draft Resolution. As proposed, the removal of the control access entry gate helps to eliminate a potential hazard and vehicle maneuvering conflicts at the entry point to the site and will facilitate better vehicle access to the on -site parking lot, thereby reducing off -site parking problem along neighboring streets. The increased on -site parking by reducing the dry boat storage area is more than required by Use Permit No. 1437, and with the implementation of valet parking the on -site parking will be increased to 150 spaces. Parking along Bayside Drive and El Paseo and on nearby private properties by patrons of the facility should be greatly be reduced. Staff supports the gate removal proposal and has no concerns with the proposed number of boats stored outside within the dry storage area to be limited to 100 boats. However, should additional on -site parking be considered necessary, reducing the dry boat storage area further would be necessary. Parking Demand Study /Parking Management Plan Beside the normal boating - related activities, the addition of nonmember activities, such as Rotary Club meetings and social functions, conducted on the premises have increased the parking demand and changed the operational characteristics of the private yacht club. The Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 4 applicant demonstrates how the proposed number of on -site parking spaces would effectively accommodate the majority activities now being conducted with the submittal and implementation of a parking demand study /parking management plan (Exhibit 4). The parking study takes into considerations the actual parking demand and use counts and observations in conjunction with an analysis of the operational characteristics of the yacht club. The study also considered available records which resulted in an analysis of normal and routine use of the yacht club by the members, all the club's sponsored events and functions, and all guest events conducted at the yacht club within the past year. The study identified a parking need for the yacht club in the range of 131 to 180 spaces. This range takes into consideration the City parking requirement of 131 spaces (one space per 35 square feet of assembly area located on the main level of the club house) and the estimated parking need by conducting actual observations of parking occurrences at the facility, i.e. a peak weeknight, a typical weeknight, and a peak weekend day during the summer. Parking for 160 automobiles covers most circumstances at the club, and 180 spaces for most of the peak needs. Lastly, the study identified that there will be limited number of times during the year when street parking will still occur for the annual City -wide events like the Ensenada Race and the Christmas Boat Parade. Securing additional off - site parking for these occasions should be considered. The findings from the study are summarized as follows: • The request for a parking reduction to 95 spaces as previously proposed would result in insufficient parking for the yacht club. • The use of the control access entry gate often restricts access into the parking lot to only members, which then necessitated visitors and employees to parking off -site. • The use of reserved spaces for club officers often meant that needed spaces remained vacant while forcing non club officers to park elsewhere, often on the public streets. • The six measures as proposed by the applicant would provide sufficient parking on- site for the majority of club activities and functions. • A parking need of 160 spaces covers most circumstances at the club, and 180 spaces covers most of the peak needs. • The 150 spaces provided on -site would not be adequate for all of the functions that were held at the yacht club during the last year. At this time, no agreements have been entered into with any off -site locations; therefore off -site spaces cannot be incorporated in the club's parking supply. The applicant is activity seeking off -site supply and it is possible it may become available in the near future. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 5 The parking management plan, therefore, proposes to prevent parking demand from exceeding the parking supply for most functions through the adoption of specific occupancy limits for weekdays and weekends. The applicant would determine on a weekly basis the expected number of attendees, and the overall parking demand for each day based upon past experience, and will determine when valet parking will be needed, and whether or not the size of events should be curtailed. The parking management plan also identified the following measures which the applicant proposes to implement: 1. The new employee initiation program will include a section addressing appropriate parking location and procedures. 2. Employees will be provided with a card or code to open the parking to the secured boat storage area for employee parking. 3. Written communications will be prepared and sent to each member of the club which will detail the parking policies of the club. This or similar communication will thereafter be sent to each member once a year. 4. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. 5. All non - emergency professional (outside vendors) boat maintenance activities are to be conducted between 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. Loading activities at the club will be restricted to periods of the day when parking demand is low. Conclusion The applicant proposes to limit the total person attendance (member dining and outside functions) at the clubhouse to levels that can be accommodated by the on -site parking supply. In staff's opinion, the implementation of this proposal is problematic in terms of enforcement as it relies on occupancy limits (that are far below the building occupancy limits) based upon anticipated vehicle occupancy. Since the concern of the application is parking, staff suggests the simpler technique requiring that all parking occur on -site. This technique will still require a commitment by the applicant to anticipate parking demands and schedule events accordingly. The applicant has indicated that they are prepared to regulate the number and size of events and they will limit the number of dining activities as necessary to alleviate parking conflicts. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 6 Staff believes that with the implementation of all the measures identified in the augmented application and proper scheduling of events, off -site parking problems can be minimal for the majority events. Other alternatives do exist however. Increased on -site parking can be accommodated through further reduction of dry boat storage area. Additionally, events open to the general public can prohibited or limited in some degree. Additionally, staff suggests that the application be conditioned with a six -month review by the Planning Commission from date of approval to ensure that adequate operation and coordination of the events and activities occurring on -site does not exceed the on -site parking provided. Public Participations/Comments With the assistance from the consultant, the applicant has interacted with the Bayside Drive and the Irvine Terrace residents to identify parking and traffic related issues and worked to identify possible solutions for the yacht club and nearby residents (Exhibit 5). Staff has received comments from the general public (Exhibit 6), mainly from the residents of Bayside Drive and El Paseo Drive. Mr. Bill Rauth submitted a letter on behalf of the residents dated July 6, 2004, expressing their concerns of the proposed application. This letter has been forwarded to the Planning Commission and to the planning consultant firm representing the applicant on July 6, 2004. Mr. Rauth also submitted another letter via email on July 28, 2004, to staff and the Planning Commission, expressing concerns with the parking demand study and parking management plan. Staff also received letters in support of the application from The Leukemia & Lymphoma Society and Southern California Yachting Association (Exhibit 6). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the Califomia Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the subject property is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. RECOMMENDATION Staff recommends approval of the request subject to the implementation of the revised site plan and parking management plan. A draft Resolution of approval containing the proposed conditions for the amendment as well as the original conditions that are still applicable to the establishment has been prepared and is attached. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 7 Prepared by: Submitted by: PIAAI�ja salinh Ung, Ass ciate Planner Patricia L. Tempe, lanning Director Exhibits: 1. Draft Resolution No. 2004 -_; findings of approval 2. Planning Commission Staff Report dated June 17, 2004 3. Planning Commission Minutes Excerpt from June 17, 2004 Planning Commission meeting 4. Parking Demand Study /Parking Management Plan 5. Neighborhood Outreach 6. Public Comments 7. Project Plans EXHIBIT 1 DRAFT RESOLUTION FOR APPROVAL RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004- 001 FOR PROPERTY LOCATED AT 1601 BAYSIDE DRIVE (PA2004 -002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, Use Permit No. 1437 was approved in July 17, 1969, to allow Bahia Corinthian Yacht Club to construct and operate a private yacht club at the subject property. The Use Permit included the approval of a waiver of on -site parking by reducing the required parking from 246 to 122 spaces. WHEREAS, the development of the site was implemented or modified to reduce the required on -site parking, increase the dry boat storage, and install the unmanned gate without City approval. WHEREAS, this unpermitted modification has caused employees and visitors to park off- site which has created parking conflicts with the neighboring properties. Additionally, the yacht club has opened the facility by permitting assembly functions by non -club members. This change in operational characteristics has increased the intensity of use and has resulted in increased parking demand in the area that has not been accommodated on -site due to the unauthorized reduction in parking. WHEREAS, an application was filed by Bahia Corinthian Yacht Club on January 7, 2004, with respect to property located at 1601 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 93 -115, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking from 122 to 95 spaces and to increase the dry boat storage capacity from 100 to 200 boats and modify the site plan accordingly. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code since the site does not provide the minimum code required parking per Section 20.66.030 of the Municipal Code. WHEREAS, at the June 17, 2004 meeting, the Planning Commission received public comments and continued the application to July 22, 2004, as requested by the applicant. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. The Commission also directed the applicant to cease the operation of the controlled gate at the main entry during business hours and discontinue the use of the reserved parking spaces. WHEREAS, on July 19, 2004, the applicant submitted a revision to the previous submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study. The applicant proposes to provide a total of 129 on -site parking spaces and to maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to August 5, 2004 meeting to allow additional time for review of the new material. r City of Newport Beach Planning Commission Resolution No. Page 2 of 7 WHEREAS, a public hearing was held on August 5, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Environmental Open Space by the General Plan Land Use Element and zoned OS -A (Open Space - Active). Yacht clubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the revised application to amend Use Permit No. 1437, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: The proposed increase in on -site parking by reducing the size of the dry boat storage area will increase the supply above the number required by Use Permit No. 1437 and with the implementation of valet parking, the on -site parking will be increased to 150 spaces. 2. A parking management study has been prepared which provides the framework for a final parking management and valet operational plan that after final review and approval by the Traffic Engineer and Planning Department, will more effectively utilize on -site parking supply. The applicant is required to implement the measures included in the plan and those required by the Traffic Engineer and Planning Department. 3. The removal of the control access entry gate helps to eliminate a potential hazard and vehicle maneuvering conflicts at the entry point to the site and will facilitate better vehicle access to the on -site parking lot, thereby reducing off -site parking problem along neighboring streets and properties. 4. The applicant is required to manage the occupancy at the site such that the total parking demand does not exceed 150 spaces when outside functions are scheduled or additional off -site parking supplies must be secured. 5. The application will be reviewed by the Planning Commission six months after the date of approval to ensure that adequate operation and coordination of the events and activities occurring on -site will not surpass the on -site parking provided. City of Planning Commission NOW, THEREFORE, BE IT RESOLVED: Newport Beach Resolution No. Page 3 of 7 Section 1. Based on the aforementioned findings, the Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 1437, 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. PASSED, APPROVED AND ADOPTED THIS a DAY OF AUGUST 2004. AYES: NOES: ABSENT: BY: Larry Tucker, Chairman BY: Jeffrey Cole, Secretary City of Newport Beach Planning Commission Resolution No. Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 1437 The development shall be in substantial conformance with the approved plot plan dated July 26, 2004. 2. Use Permit No. 2004 -001 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. Use Permit No. 1437 is hereby voided from this date forward upon approval of Use Permit No. 2004 -001. In the event that the applicant chooses not to exercise this Amendment, then Use Permit No. 1437 shall remain in effect for the existing establishment. 3. Any change in operational characteristics, hours of operation (for either restaurant or retail and espresso bar), expansion in public area or other modification to the floor plan (including patio dining area), shall require amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. The operator of the yacht club shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the provisions of Chapter 10.26 of the Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. �1 Between the hours of Between the hours of 7:OOAM and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Prop a rty 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA ro e Mixed Use Property 45dBA 60dBA 45, 50dBA Commercial Property N/A 65dBA N/A 1 60dBA 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. �1 City of Newport Beach Planning Commission Resolution No. Page 5 of 7 7. The approved site plan shall be implemented and completed within sixty (60) days from the date of the Planning Commission approval. The applicant/operator shall implement the following measures: a. Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. b. Eliminate all reserved club member parking. C. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the approved site plan. d. Add a total of 48 striped parking spaces through the reuse of the dry storage area and other on -site alterations for a total of 129 on -site spaces. e. Increase the total on -site parking from 129 to 150 spaces through the use of valet parking. f. Implement the parking management plan referenced in the parking demand study which balances available parking with the utilization of the yacht club. 8. A total of 129 on -site parking spaces shall be provided. Of the 129 spaces, 119 spaces shall be available at all times for use by the patrons and the remaining 10 spaces shall be provided inside the gated dry storage area and shall be available at all times for use by employees. 9. The following requirements of the Transportation and Development Services Division shall be met: a. All employees shall park on -site. b. All employees shall be provided with a card - reader or access code to open the access gate at the dry boat storage area. C. Valet operation shall be accommodated entirely on -site when parking demand is expected to exceed 129. A total of 21 parking spaces shall be provided under this arrangement. The valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary queuing for vehicles. d. Parking lot shall have prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area shall be reviewed and approved by Traff ic Engineering. l5 City of Newport Beach Planning Commission Resolution No. Page 6 of 7 The applicant/operator shall not allow vehicles to queue onto Bayside Drive. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. f. The dry boat storage area shall remain open at all times while in use by valet operations. A final parking management plan and valet parking plan shall be reviewed and approved by Traffic Engineering. The study shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service). 10. The outside dry boat storage area shall be limited to 100 boats. This dry boat storage area shall be limited to the northwest corner of the property and shall be accessed by the club members and employees and-shall not be open to the general public for boat storage. 11. The yacht club shall manage clubhouse activities such that total parking demand does not exceed 150 spaces. The use of off -site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 12. The applicanUoperator shall implement the following measures identified in the parking management plan: a. The new employee initiation program will include a section addressing appropriate parking location and procedures. b. Written communications will be prepared and sent to each member of the club which will detail the parking policies of the club. This or similar communication will thereafter be sent to each member once a year. C. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. d. All non - emergency professional (outside vendors) boat maintenance activities are to be conducted between 8:00 a.m. to 5:00 p.m., Monday through Friday. e. Loading activities at the club will be restricted to periods of the day when parking demand is low. 13. The Use Permit shall be subject to a six -month review by the Planning Commission from the date of approval. The City shall reserve the right to modify this Use Permit should it be warranted. ,A City of Newport Beach Planning Commission Resolution No. Page 7 of 7 14. All delivery trucks shall be required to service the yacht club from on -site and shall be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall be permitted before 6:00 am or after 10:00 pm. 15. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (i.e., three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. 16. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 17. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or kitchen equipment shall be prohibited in the parking lot and public alley. 18. Fire Department connections at Bayside Drive for dock fire protection system shall be provided. �5 EXHIBIT 2 PLANNING COMMISSION STAFF REPORT DATED JUNE 179 2004 16 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 June 17, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner ru na(ftity. newoort- 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. i1 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 (30013 =100 cars) and a maximum of 22 employees (22 cars) would be the largest function conducted on the premises. The 122 spaces were set as the minimum requirement for the club. It was also assumed that during an event of this type, other meetings, boating, etc. would not be conducted. The Irvine Company, as the owner of the property, retained a total of 52 boat slips with the development of the yacht club. Separate parking for these boat slips was required since the slips did not belong to the club and were operated independently. As a result, BCYC was required to provide and maintain 24 parking spaces on the premises for the 31 boat slips because the parking for the remaining 21 slips was at a separate location to the west of the site. It was also decided that dry boat storage should be limited to 100 boats. Although a total of 246 spaces would have been required, the project provided 122 spaces, which was ultimately determined to be sufficient to serve both uses. To accommodate 122 spaces, the entire front portion of the property was designated for parking. The dry storage boat area was limited to the northwest corner of the property, adjacent to the club's swimming pool and the bay. The club building is situated at the southwest 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. 1 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 �e. 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. 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 acre Active), and is presently improv and a large dry boat storage a property and is accessible from site has private carded access storage area. Proiect Overview s in size. The property is zoned OS -A (Open Space- .d with a 25,000 square foot building, a swimming pool, -ea. The main parking lot is located to the front of the Bayside Drive that serves as the vehicle entrance. The. gates located at the main entrance and the dry boat 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 �I 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. �3 Bahia Corinthian Yacht Club (PA2004 -002) June 17, 2004 1. 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 difficult, if not impossible, for nonmembers when more than one vehicle waits to enter when the gate is closed. Travel lanes in Bayside Drive are compromised, creating potential hazards. Staff, therefore, is recommending that this gate be removed from the premises. The removal of the gate would resolve many ongoing access and traffic problems caused by the club patrons and the parking lot would be more efficiently utilized by its members, visitors, and employees at any given time. Although the gate has been there for many years without significant incident, removal of the gate will alleviate off -site employee parking and improve traffic safety. Parking along Bayside Drive and El Paseo Drive and on nearby private properties would also be greatly reduced. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. 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 �5 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 parting 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: zolv-�z R salinh Ung, A tci a Planner Exhibits: Submitted by: Al";t �L. Patricia L. Temple, anning Director 1. Draft Resolution No. 2004 -_; findings of denial 2. Planning Commission Staff Reports dated June 19, 1969 and July 17, 1969. 3. Planning Commission Minutes Excerpt from July 17, 1969 Planning Commission meeting 4. Information provided by the applicant- s. Letters/Correspondences in opposition of the applicant's request 6. Project Plans W EXHIBIT 3 PLANNING COMMISSION MINUTES EXCEPRT FROM JUNE 179 2004 A 1 Planning Commission Minutes 06/17/2004 Mr. Carty answered that the second story wall projects out further. If you were to move this elevator back, you would encroach on the second story bedroom above. He then referred to a slide and discussed possible locations for the elevator, types of elevators, and the remodeling that would need to be done. Chairperson McDaniel asked why one of those things that run up and down the stairwell wouldn't work? Mrs. Gottfurcht answered that could be an alternative. Commissioner Cole noted his support of the applicant as it looks like there would be no difference with the elevator as opposed to the stairwell. Chairperson McDaniel noted his support of the Modifications Committee to deny this application. If we have an opportunity to fix a non - conforming situation while remodeling is being done, that is when we should do it. The stairwell will function just as well for the applicant and I don't like overriding the decisions of the Modifications Committee as they do a good job of looking at these projects and, there are alternatives. Motion was made by Chairperson McDaniel to sustain the decision of the Modifications Committee to deny Modification Permit No. 2004- 028. Ayes: Eaton, McDaniel, Selich and Tucker Noes: Cole Absent: Toerge and Kiser I Abstain: None xx* SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) 1601 Bayside Drive An amendment to Use .Permit No. 1437, to allow the reduction of required on -site parking from 122 to 95 spaces and to increase the dry storage boat capacity from 100 to 200 boats. The request requires consideration of a parking waiver per Section 20.66.100 of the Municipal Code. Chairperson McDaniel noted that the applicant has requested that this item be continued to July 22nd. He noted that the applicant has indicated that they want to make some changes to this proposal. Ms. Temple noted that many of the issues that members of the audience would like to discuss has to do with how the City conducts code enforcement of use permits. If The Commission would like, I can Page 22 of 29 ITEM NO.4 PA2004 -002 Continued to July 22, 2004 file: //H:\Plancomm\2004 \0617.htm 07/30/2004 Planning Commission Minutes 06/17/2004 explain how enforcement of this use permit has brought us to this point. She noted that the applicant is here to reinforce their request for a continuance. This application is an outgrowth of an enforcement action that was conducted related to a complaint from a nearby commercial property relating to parking encroachment on the office building property across the street. When we investigated the complaint, we discovered that over time the operation of the Bahia Corinthian Yacht Club had been changed in terms of its site plan rather substantially. Specifically, the required number of parking spaces in the original use permit was not being provided and that a control gate at the entries to the parking areas had been installed without approvals or benefit of building permits, and that the dry boat storage within the property was approximately twice that authorized in the use permit that came with the original construction of the club property. We in essence gave the Yacht Club two choices; one was to reinstate the site plan to be consistent with the approved site plan, or if they wanted to try and achieve what they had or something different than what was originally approved then they needed to file for a new use permit or an amendment to the existing use permit. They chose to amend the current use permit. Once someone has indicated they intend to pursue a permit amendment we essentially do not take any further aggressive enforcement action, but try to bring the application to the Planning Commission as quickly as possible. We will admit that this took much longer than perhaps it should have, but in fact it is here tonight. Public comment was opened. Bill Rauth noted that he had a notice of violation dated October 15th and is a final warning. It indicates that the violation must be corrected on or before October 29th of last year and if not corrected by that date, there will be fines of up to $500 a day and in addition it will be subject to injunction and revocation of the permit. The Club has willfully violated their use permit and were caught almost a year ago. It is time to go to the City Attorney and get an injunction. That gate needs to be open as it is not a legal gate, to let the cars that are parked on the street park in the parking lot. 15% of the current parking is reserved for officers of the Club. Those spaces sit empty and 15 cars are forced to park on the street. The boats need to be removed from the parking lot. Bayside and El Paseo are not a private parking lot of the Bahia Corinthian. It is time that action be taken. This is willful behavior on the part of the Club. Commissioner Tucker noted we are not the code enforcement but it does sound like it has been going on for a while. The applicant has requested a continuance. Ms. Temple noted that during her conversation with the General Manager of the Club, they now want time to study the situation and Page 23 of 29 i file: //H:\Plancomm\2004 \0617.htm 07/30/2004 Planning Commission Minutes 06/17/2004 come up with a workable solution. She strongly encouraged them tha in the interim time, well through and to the completion of the Planninc Commission deliberations, that they cease to use the control gates fo two reasons: it would address some of the ongoing issues the neighborhood and properly owner across the street have beer experiencing, and it is the right thing to do. They have indicated to me that they are in agreement with doing that. As part of this continuance, I would ask the Commission to state in the motion tc continue that is a considered a requirement. At Commission inquiry she noted that the City can enforce this. Typically when we take ar enforcement action if the applicant takes steps to rectify the situatior we generally tend to hold things like Administrative Citations it abeyance. Depending on what the Commission thinks our posture should be, if you want full enforcement of the use permit then we wil do as the last notice of violation says and until those defects occur, we will issue those citations. However, the applicant has indicated ar affirmative willingness to open the gate and we did not discuss the removal of the dinghy racks. Chairperson McDaniel noted that anyone in the audience that has questions or concerns, should present them in writing to staff. Barry Levy, 113 Via Lido, spoke as the current commodore of the Bahia Corinthian Yacht Club, noting the following: . He apologized for the request for a continuation noting that he is a novice and a volunteer and thought that up this point in time they were working in good faith. . Staff told them up front that they needed to have an outside consultant perform a parking management report, but failed to have one done. . After looking at the staff report, he realized how important the parking management report would be. . There was a meeting of the board meeting last night to discuss the use of the gate and that it be closed only during the time the Club was closed. They will open the gates starting tomorrow. Chairperson McDaniel noted that he would like to see that gate up and remain up as a start to rectify the many problems. A lot of changes are needed. Volunteer or not, you have been given letters saying last call and nothing has happened. He is bothered by this a lot. Ms. Temple noted that on the issue related to the parking, management study, it is typically not necessary to lower or use the gate for that kind of analysis. The kinds of issues surrounding the Page 24 of 29 I file: //H:\Plancomm\2004 \0617.htm 07/30/2004 Planning Commission Minutes 06/17/2004 gate really are more function and operation geometric issues: sufficient stacking distance, are the turning radiui correct, and for the purpose of estimating the parking demands of the Club, it is best to not have the gate down because persons wishing to access the facility are likely to try and park very close which is actually the onsite parking lot. Since the gate has no permits on it, there is no way to research any issues related to the gate. The gate was not approved in the use permit and they also did not get a building permit for it either. Mr. Levy answered he sees the point. As his role of Commodore, the list of complaints and issues goes back twenty, thirty years that we are inheriting. The quantity of boats, how iVs been staged, and the layout of the land is pretty much the same going back for years. Not that it is right, but we are very concerned with our reputation and are very involved with fund raisers and involved in the harbor and they care. In all honesty, they really did not know how to handle this. Staff told us we were wrong, but we did not understand it, now we do. We appreciate that we can have a continuance to get all the facts to staff and we are willing to come back when you want us. Ms. Temple noted that the date would be July 22nd because that would be five weeks and time enough for this item to come back to be heard with all the information needed. Depending on the findings and recommendations of the report it may take longer because they may have to prepare new plans if there is a recommendation to say reorganize the parking lot or reduce the dinghy storage. It is a doable timeframe if everyone is diligent about it but at that point we can further decide to continue. However, we want to keep this as short a period of time to keep the pressure on. She then recommended that the Club hire a planning professional to make this happen. Mr. Levy noted that there are a lot of assumptions that need to be clarified. We want to give all the information that we can and will keep in touch with staff. We are serious and want to do a good job on this. Motion was made by Commissioner Tucker to continue this item to July 22, 2004. The Planning staff should continue to do what they do in the ordinary course of things. This has been outstanding for a long time and is not fair to the neighbors and the people who are having problems to just extend this item longer, so you better plan on a decision being made on the 22nd. The pressure is on and you have had eight or nine months to address these concerns. Mr. Levy noted that he or any member of the board are available to speak. to any of the neighbors, they are welcome to come to the facility and make an appointment to sit down and address their concerns. We consider ourselves to be good neighbors. At Commission inquiry, he agreed to leave the gate open. Vince DeNido a neighbor three doors down noted he is not happy that Page 25 of 29 �1 file://H:\Plancomm\2004\0617.htm 07/30/2004 Planning Commission Minutes 06/17/2004 Page 26 of 29 this item is being continued because of the parking being done on El Paseo. He asked that the enforcement be continued on this. Brian Carlson, General Manager of the Club, noted he has gone through revisions for a long time and he blames the City for the continuance. The staff report shows no respect or support from staff for what has been done so far. The reason we need the continuance for a study is to show that we don't need as many spaces on a daily, weekly or monthly basis for certain time periods. We do have large events, so we do need those spaces but we are perhaps adding valet parking to get those cars off the street. The gate access should be kept to business hours. During the hours we are closed, we do not have security measures into our marina or dry storage area. Anybody can drive in and take a boat away. I have no problem opening the gates during the business hours. At Commission inquiry, he noted he would not have a problem with opening up the reserved spaces for parking. Nick Clayton, owner of the office building across the street says he is the recipient of the overflow parking that occurs from the Club. We agree with staffs recommendation, who have done an excellent job in reviewing this issue, and agree with the conclusions. We hope you will restore the parking spaces that are missing and restore the reserved parking spaces and require the Club to keep the gate open. It will be extremely helpful to my operation across the street. It is an unsafe situation with the gate being there as people drive the wrong way through our parking lot to drop off visitors to the club. Val Skoro, resident of Irvine Terrace noted the key issue is the Club using Irvine Terrace as their parking lot and that infringes on the residents and results in litter in the streets. The key point is they have to restore the parking on their own premises. Anything less than that would be unacceptable to the neighborhood. The gate needs to be removed. David Allison, 1629 Bayside Drive, noted that staff should take an aggressive role in enforcement. Ms. Temple commented that this is by far the most opportune time for the type of study that needs to be done because we are going to understand the use of the club parking during its peak season. Elizabeth Wardy, Judge Advocate of the Club, noted that there is another yacht club in the neighborhood that has parking on the street. We will do everything we can do alleviate concerns, but the parking problem is not necessarily all our fault. Dave Hook, 1617 Bayside Drive noted his concern with the parking and trash during special events. Public comment was closed. Chairperson McDaniel asked if the maker of the motion would include p--, file: //H:\Plancomm\2004 \0617.htm 07/30/2004 Planning Commission Minutes 06/17/2004 Page 27 of 29 the gate open during business hours only and the use of the reserved parking spaces be discontinued. Commissioner Tucker noted he has no objection to the Planning Director enforcing the existing use permit for the club. Whatever is feasible to enforce is up to the Planning Director. He agreed to the gate being open during business hours and the use of the reserved parking spaces being discontinued. Ayes: Eaton, Cole, McDaniel, Selich and Tucker Noes: None Absent: Toerge and Kiser Abstain: None SUBJECT: Mariner's Mile Landscape Amendment (PA2004 -104) ITEM NO.5 Commercially designated properties fronting on Coast PA2004-104 Highway between MacArthur Boulevard and the Bay Bridge Recommended An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related for approval to landscape requirements. Public comment was opened. Public comment was closed. Motion was made by Chairperson McDaniel to approve Code Amendment 2004 -006 to the City Council by adopting the draft Resolution attached to the staff report. Ayes: Eaton, Cole, McDaniel, Selich and Tucker Noes: None Absent: Toerge and Kiser Abstain: None SUBJECT: St. Andrews Presbyterian Church Expansion ITEM NO. 6 (PA2002 -265) PA2002 -265 600 St. Andrews Road Continued to Request for a General Plan Amendment, Zone Change and Use 07/22/2004 Permit for the replacement and construction of additional buildings and a below grade parking garage. The General Plan Amendment involves an increase the maximum allowable building area with no change to the existing land use designation. The Zone Change would change the zoning district from R -2 & R -1 to GEIF to be consistent with the existing General Plan, Land Use Element designation. The Use Permit involves the alteration of existing buildings, replacement of the existing fellowship hall and classroom building and the 3� file: //H:\Plancomm \2004 \0617.htm 07/30/2004 EXHIBIT 4 PARKING DEMAND STUDY/ PARKING MANAGEMENT PLAN) )" RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 2 9 2004 AM 8j9�10111112111213( 151 Bahia Corinthian Yacht Club Parking Study and Parking Management Plan Prepared for: Bahia Corinthian Yacht Club July 29, 2004 Prepared by: The Mobility Group Transportation Strategies & Solutions )" Table of Contents 1. Description of the Property .......................... ............................... 1 2. Location of the Club ................................ ............................... 1 3. Activities at the Club ................................ ............................... 1 4. Parking Need at the Club ............................ ............................... 5 5. Proposed Parking Supply and Parking Management at the Club ............. 8 Appendix A Appendix B Appendix C Appendix D Appendix E 1. Description of the Properly The Bahia Corinthian Yacht Club (BCYC) is a private club, located on Bayside Drive in Corona Del Mar. The club has approximately 485 members. The club facility comprises a marina, clubhouse, dry boat storage yard, and parldng lot. The club has 68 slips in the marina. There are approximately 100 small boats (sabots and dinghies) stored in the basement of the clubhouse. The dry boat storage area adjacent to the clubhouse can store approximately 100 boats. The clubhouse is open Wednesdays thru Sundays from 9:00am to 11:OOpm except Friday and Saturday when it is open 9:OOam to 1:OOam. The club serves lunch between 11:30am and 2:00 pm, and dinner between 6:00 pm and 9:00 pm. The main clubhouse level comprises approximately 4,560 square feet of assembly space that includes a bar, lounge, dining room, and banquet room The upper clubhouse level comprises two smaller meeting rooms totaling 1,230 square feet. The club has approximately 35 year -round employees, of which 15 to 25 are typically at the club at any one time. The parking lot currently contains 86 parking spaces 2. Location of the Club The BCYC is located on Bayside Drive at the intersection with El Paseo. Figure 1 shows the general location of the club. Adjacent uses are primarily residential, although the Balboa Yacht Club is located about 1,300 feet to the south. About 700 feet to the north is a parking lot for the Bellport Bayside Marina. Figure 1 shows the project location. On- street parking is generally allowed in the area adjacent to the BCYC on El Paseo and Bayside, but is prohibited on the west side of Bayside to the north of the club. This on- street parking is used by residents, and at certain times by users of the BCYC, the Balboa Yacht Club, as well as by people accessing the waterfront and Balboa Island. 3. Activities at the Club The activities at the club can be classified into two categories — boating activity, and clubhouse activity. �i. Boating Activity This type of activity comprises members using their boats. It may include leaving the slip in the boat for cruising, racing, general boating, or a boat trip; or may involve being on the boat at the slip without leaving the marina (relaxing, routine upkeep /maintenance, etc.). It may also include working on or using boats stored in the dry storage boatyard, although by definition such activity is much more limited. It is important to understand that the vast majority of boats at the club, just like at any marina, do not leave their slips very often. Similarly, their owners in general spend relatively little regular time actually on the boats either on evenings or at weekends. This was confirmed by recent observations for a peak summer weekend day (Saturday July 11, 2004). On a clear sunny day, and when one of the busiest club race of the year (Angleman Races) was being held, out of a total of 68 marina slips only 10 were empty with boats out racing, cruising, or on a trip, and only 5 boats were in use at the slip (people on the boat). There was thus boat activity of some kind at only 22% of the 68 slips. Activity of some kind (generally sailing) was also observed for 7 of the 100 boats in the dry storage yard, or 7% of the total. Races are conducted at the club, on about 19 weekends throughout the year. The number of boats involved ranges from 2 to 8 boats, and averages 4 boats. Total crews on the race boats average about 5 per boat and range from a total of 8 to 40. Organized cruises and exchanges with other yacht clubs occur on about 9 weekends throughout the year and range from 6 — 22 boats, averaging about 15 boats per event. There are about 100 small watercraft stored in the basement of the club. These are largely sabots (very small sailboats), dinghies /tenders (the majority of which are for the boats at the slips), and a few kayaks. Many of these small watercraft are rarely used — for example the dinghies are typically only used when a boat owner goes out from their slip and so their use is not an independent event. The exception is the use of the sabots for junior sailing programs, with the main program occurring for six weeks during July and August. These programs are weekday events and the juniors are typically dropped off and picked up by parents. Clubhouse Activity This type of activity comprises members' regular use of the club facilities, including eating (lunch or dinner), sitting in the bar, using the swimming pool adjacent to the clubhouse, or sitting on the terrace /decks of the clubhouse. Quite often this includes the same people who may also utilize their boat while it is at the slip. The average number of club members eating lunch at the club is 25 on weekdays and 37 at weekends. The average number of club members eating dinner at the club is 66 on weeknights and 53 at weekends. 3 Club Functions This type of activity includes organized functions for the members, such as special lunches, dinners, parties, meetings, etc. It also includes board and committee meetings. Between mid -2003 and mid -2004, member functions at lunchtime ranged between 8 and 43 attendees, and member functions in the evenings generally ranged from 10 to 200 with the vast majority comprising less than 150 attendees. There were seven member functions that exceeded 200 in attendance, including Opening Day, the Boat Parade, and a few member functions such as a wedding. There was one function that exceeded 300 in attendance(attendance of 315 ). Other Functions This type of activity comprises use of the club facilities by groups such as Rotary, Kiwanis, etc. holding regular meetings at the club, as well as "one -off' functions by other organizations or individuals, for example weddings. Between mid -2003 and mid -2004, attendance at these other functions at lunchtime generally ranged from 10 to about 100 with eight functions with attendance over 100, During the evenings, attendance at other functions generally ranged between 15 and 150 persons, with the majority of functions less than 100 persons. There were three functions with attendance over 150 and one over 200 (attendance of 220) — all weddings. Total Clubhouse Attendance An analysis of "cover counts" (the total number of people catered in the club) for a period of one year (mid -2003 to mid -2004) was conducted to evaluate activity levels at the club. Table 1 summarizes the total clubhouse attendance by range.. Because the club is closed Mondays and Tuesdays, and for a little over a week at Christmas, there are 113 days of the year when there is no clubhouse activity at the club. At lunchtime, the, total attendance was < 150 persons about 98% of the time. Because lunchtime occupancies are much lower than evening occupancies, the parking needs analysis therefore focused on evenings. Table 1 also shows that for evenings, the total attendance is less than 150 people for 85% of the time during the year; that it is less than 200 people for 93% of the time, and that the total attendance is over 200 only 7% of the time. There are only 16 days of the year when evening attendance is over 250 total. 4 qb Table 1. Total Clubhouse Attendance (Persons Catered) Attendance Range Lunchtime Evening No. of Days % of Total Days % of Open Days No. of Days % of Total Days % of Open Days Closed 113 31% 113 31% 1 -50 171 47% 68% 41 11% 16% 51-100 68 19% 27% 103 28% 41% 101-150 7 2% 3% 53 15% 21% 151-200 1 - - 1 30 8% 12% 201-250 3 1% 2% 9 3% 4% 251-300 0 - - 11 3% 4% 301-350 1 - 4 1% 1 2% > 350 1 - - 1 - - 365 100% 1000/0 365 100% 100% Notes: Includes regular member during and functions. Source: BCYC Cover Counts, June 2003 to May 2004. 4. Parldng Need at the Club The Parking Code Requirement The first determination of parking need at the club is the City of Newport Beach Parking Code. According to the City, the club is categorized as a club or lodge, for which the requirement (where there are no fixed seats) is for one parking space per 35 square feet of assembly area. As previously identified, the main clubhouse level comprises approximately 4,560 square feet of assembly space that includes a bar, lounge, dining room, and banquet room. This translates into a code requirement of 131 parking spaces. As also previously discussed, an upper clubhouse level also comprises two smaller meeting rooms totaling 1,230 square feet. Considering both spaces together would result in a code requirement for 5,790 spaces of 166 spaces. However, all of the space is rarely if ever used simultaneously, with the larger functions occurring only on the main level. The code requirement would therefore appear to fall in the range of 131 to 166 spaces. 0 Estimate of Parking Need Another way of calculating parking need is to conduct actual observations of parking occurrences at the facility. However this is not a simple task. Because parking demand is related to both boating activity and clubhouse activity, and because there are numerous different types and levels of use for each activity, then there are many different permutations that will combine to create a total parking demand. Unfortunately it is not practically possible to observe even a fi-action of all such permutations. Opportunities for observations were also limited by the short time period available for the study and the July 4'h weekend. Another method is to prepare estimates of parking demand based on information on the operating characteristics of the club. Based on a combination of a number of observations of parking conditions at the club, and estimates based on club operating information, we have been able to prepare reliable estimates of parking need. A Peak Weeknight A weeknight was observed (Wednesday, June 30), with 213 total people in attendance at the clubhouse. Wednesday is one of the busier club nights for member dining. On this night there were 80 members dining (above average) and three separate functions occurring. The 213 total attendance is slightly higher than the 200 attendance threshold that comprises 90% of the nights at the club. This observation can therefore be considered a peak night. The results of the parking observations for a peak weeknight are provided in Table A -1 in Appendix A. The peak number of cars parked for the club was 142 cars at 6:30 — 7:00pm, which included 90 cars in the club lot and 52 cars off -site — primarily on- street. Appendix A also contains an estimated breakdown of parking demand by use component, for purposes of deriving and validating parameters (such as persons per car) to estimate parking demand. This estimates that 119 cars were parked for clubhouse dining, 16 cars were parked for employees and 7 cars were parked for boating activity. The observed evening represented a combination of member dining and three separate functions at the club. Generally, fdr member dining and social functions people arrive on average two per car. For meetings like the Rotary Club, the number is closer to one person per car. However, as overall attendance increases and significantly exceeds the 200 person level, car occupancy typically increases (to more than 2 per car) as the larger attendance usually occurs with only one function at the club. Member dining is also usually lower than normal in these circumstances. 6rY Based on the information in Appendix A it is possible to estimate parking demand for a higher use than the one observed. Based on the fact that a total attendance of 250 covers 96% of the evenings at the club, and that there are only 16 nights a year when that attendance is exceeded, that would seem to be a reasonable upper limit for parking demand calculations. For a weeknight with 250 clubhouse attendance it is therefore estimated that parking demand would be (250 / 2 =) 125 cars for attendees, 25 cars for employees, and 7 cars for boating, for a total of 157 cars. A Typical Weeknight A weeknight was observed with 94 total people in attendance (Wednesday, July 7), with 94 total people in attendance at the clubhouse. The attendance range of 50 — 100 is the most common occurrence (41% of the time) as shown in Table 1 earlier. There were 61 members dining (very close to the weeknight average of 66), and one function at the club — a Rotary Meeting of 33 people. This can therefore be considered a typical night. The results of the parking observations for a typical weeknight are provided in Table B -1 in Appendix B. The peak number of cars parked for the club was 74 cars at 7:00 — 7:30pm, with the vast majority parked in the club lot. Appendix B also contains an estimated breakdown of parking demand by use component. A Peak Weekend Day Because boating activity is highest at weekends, observations were also conducted on a Saturday afternoon (Saturday, July 10), at 2:30 — 3:30pm. This was a summer weekend, with sunny weather with one of the highest volume club boat races (Angleman Series) of the year. There were no functions at the club, and no member dining (except for occasional meals served in the Columbia Room/bar) — so it can be considered a peak day for boating activity. The results of the parking observations are summarized in Appendix C. A total of 80 cars were parked associated with the club, of which 54 were estimated to be parked for boating activity, 14 for the clubhouse (bar and pool areas), and 12 for employees. As shown in Table C -2, the peak parking demand at the club that day occurred at 2:30pm. Although no clubhouse functions were occurring the day of the observations, it is possible to estimate a parking demand for such functions. For example, a function of 200 people would generate a parking need of 100 cars (based on 2 persons per car). The total parking demand during, peak weekends including club activity would therefore be the 80 observed cars plus 100 cars for the function, or a total of 180 cars. We are informed by the BCYC however, that not all weekend functions start in the afternoon, or coincide with peak boating activities such as racing. Some typically start later towards the evening .Table C -1 shows that on Saturday July 10, the parking count in 7 "C the lot at 5:30pm was 60 cars, so if a function started about 5:OOpm the total parking demand would be 60 + 100 = 160 cars. ,Summary Analysis of the City Parking Code, actual observations at the BCYC, and estimates of parking demand, has identified a parking need in the range of 131 spaces to 180 spaces. A parking need of 160 spaces covers most circumstances at the club, and 180 spaces most of the peak needs. Clearly there are a limited number of occasions when parking need will be higher than the levels identified above, but those occasions are the exception and occur infrequently. They are typically events such as Opening Day, the Boat Parade, and the Ensenada Race - which are peak "Newport Events ", and some functions at the club. It is impractical to size parking lots for such peak occasions - just as it is for example to size shopping center parking lots for the peak shopping days around Thanksgiving and Christmas, and school . parking lots for major school events. It is concluded that the above observations and estimates define parking needs for the vast majority of circumstances at the club including typical peak levels. 5. Proposed Parking Supply and Parking Management at the Club Currently the parking supply at the club comprises a total of 86 parking spaces, which are all located in the club lot. Based on the preceding analysis the number of spaces is inadequate. Additionally, parking practices at the club have further constrained the club's ability to meet the need for parking. Two key changes are proposed in the operation of the parking lot. These are firstly to permanently remove the parking gate, so that the lot will open at all rimes; and secondly to terminate the practice of reserving spaces for club officials. Both of these measures will allow for a more efficient use of the parking lot. A number of changes are also proposed that will significantly increase the parking supply at the club. There are three elements to increasing the parking supply:: Increase the number of spaces on -site in the club lot — to 129. 2. Use valet parking in the club lot when necessary (21 spaces). Use off -site spaces. Two initial potential locations have been identified: either in the office building lot across the street, after 6:OOpm and at �i weekends (25 spaces), or the Bellport Bayside Marina lot (same times) if available (20 spaces). Other potential locations could also be investigated. In total the first element will increase the permanent on -site parking supply at the club to 129 spaces — an increase of 43 spaces or 50%. With the additional use of on -site valet parking, the total supply will increase to 150 spaces — an increase of 64 spaces or 74 %. If off -site parking were also obtained (say 25 spaces) the total supply could be increased to 175 spaces — an increase of 89 spaces or 104 %. On-Site Stdped Spaces The existing parking spaces in the lot will remain largely the same, but the lot will be enlarged by reducing the size of the dry boat storage yard, and reconfiguring the loading dock and trash areas. The proposed parking layout is shown in the attached site plan. Spaces in the existing lot area are proposed to remain largely as currently striped. New spaces will be striped to bring the total to 119 spaces. A further 10 spaces will be striped in the dry boat storage yard and will be available at all times for use by employees. The dry boat storage yard will remain gated, but employees will be provided with the key code to enable access to the yard. A club employee will move cars within the boat yard if necessary to access a stored boat. This will provide a total of 129 on -site spaces at the club, as shown on the attached site plan. The reduction in size of the boat storage area to add parking is consistent with the Club's initial approval. Valet Parkins The second element will be the use of valet parking in the club parking lot. A total of 21 additional spaces can be achieved with valet parking. The proposed layout of valet parking spaces is shown on the attached site plan. This will increase the total on -site parking supply to 150 parking spaces. Valet parking will be operated when necessary, based on anticipated attendance at the club. It is anticipated that two to four valet attendants will be used, and that the valet pick -up /drop -off will be conducted immediately in front of the front door to the club, where the parking aisles provide plenty of room to queue cars if necessary. Further details of valet parking operations are described in the last section of this report on Parking Management Procedures. Valet parking has been tested a number of times during the last few weeks at the club and has operated successfully. 9 q;5 Off -Site Spaces The third element could be to enter into an agreement with one or more off -site locations for spaces, for use of parking spaces after 6:00pm on weekdays and from 6:00pm Friday through the weekend to Sunday at midnight — the times of heaviest parking need at the club. This could potentially add about 20 - 25 spaces using one of two lots in the vicinity of the club, Observations were conducted of utilization of the office parking lot across the street on three separate occasions. This information, shown in Appendix D, illustrates that 25 spaces are generally available after 6pm on weekdays and on weekends. Observations were also conducted of utilization of the Bellport Bayside Marina Parking Lot, located just north of the Bahia Corinthian Yacht Club on Bayside Drive, on three separate occasions. This information is also shown in Appendix D and indicates that 22 spaces are generally available after 6:00pm on weekdays and at weekends. Other off -site locations could also be used to supplement the parking supply if necessary or desired by the club. At this time, no agreements have been entered into with any off -site locations, so off -site spaces cannot be incorporated in the club's parking supply. Proposed Parking Supply The parking plan at this time relies only on the 150 spaces that can be provided on -site at the club. While this supply will satisfy the vast majority of boating and club activities, it will not satisfy all the estimated parking needs at the club including peak attendance levels at functions in the clubhouse. Therefore when non - member functions are scheduled, the parking plan proposes to limit the total clubhouse person attendance (member dining plus outside functions) to levels that can be accommodated by the on -site parking supply. The proposed thresholds vary for weeknights and for weekends and are fully described below. Weeknight Thresholds Based on the preceding analysis we estimate that on a weeknight, the clubhouse could accommodate between 190 and 250 total person attendance (member dining plus functions) with the on -site parking supply (the lower end of the range would apply if functions included uses such as the Rotary Club with one person per car, and the upper end of the range would apply when car occupancy was more typically 2 persons per car). The average total attendance threshold would be 230 persons. The derivation of these thresholds is shown in Appendix E. 10 4L Weekend Thresholds For a peak weekend in July and August, with higher boating activity, we estimate that the clubhouse could accommodate a total of 120 people during the day and 165 people during the evening (member dining plus functions) with the proposed on -site parking supply (assuming 2 persons per car on average). The derivation of these thresholds for the peak months of July and August is shown in Appendix E. Records do not indicate when "evening" functions actually started so the lower threshold (120 persons) relates to the daytime and makes a worse case assumption that they could start during the daytime period (afternoon) of highest boating activity. The higher threshold (165 persons) relates to the evening when boating activity is lower. Parking Management Procedures The on -site supply will be adequate for the regular operation of the club as well as for many functions at the club. When this is exceeded, the valet parking will be available for additional peak demands. This will not however be sufficient to meet all peak parking needs. The club is therefore committed to the effective management of the parking supply through function and calendar scheduling management, and to the implementation of the attendance thresholds identified above. The club will determine on a regular weekly basis the expected number of attendees, and overall parking demand, for each day — based on historical operational data and on the functions booked for the clubhouse. Based on these estimates it will determine when valet parking will be required, and will implement valet parking on those occasions. Valet Parking Valet parking will be utilized when expected parking demand is greater than 129 spaces. Cars arriving when parking spaces are available will self -park in available striped spaces. Because these spaces do not block or hinder any of the lot circulation these drivers will keep their own keys. Once all striped spaces have been filled, additional cars will be valet parked and drivers will leave keys with the valet attendant. People leaving the clubhouse will have their car brought up by the valet if they were valet- parked, or will drive their own car away if they self-parked. The valet attendants will move any car blocking an exiting self -park car as necessary. Valet pick -up /drop -off will be conducted immediately in front of the front door to the club, where the parking aisles provide plenty of room (approximately 250 feet back to the entrance driveway) to queue cars if necessary without backing on to the public street. 11 �� It is expected that between two and four valet attendants will be used based on the projected parking need. Function Scheduling Also based on these estimates, the club will limit the number of people to be accommodated in outside functions to operate within the thresholds (for combined member dining plus outside functions) described earlier for weeknights and for peak summer weekends in July and August. This will include a commitment to manage function scheduling to ensure that major non -club functions do not coincide with major club events and /or functions (such as major boat races or cruises), and to jointly manage club member dining levels and outside functions such that the combined totals remain under the thresholds. To the extent that off -site parking spaces can in fact by provided by the club (in either of the two adjacent locations, or at other locations with the possible use of a shuttle bus), then these thresholds could be increased. As a general rule of thumb, assuming a car occupancy of two persons per vehicle, the threshold can be increased by two times the number of parking spaces provided off -site, e.g. if 25 spaces were provided off -site then the threshold could be increased by 50 persons. It should be noted that there will still be a limited number of occasions when parking need will exceed the parking supply, but those occasions will be the exception, and should occur relatively infrequently. They are typically events such as Opening Day, the Boat Parade, and the Ensenada Race - which are peak "Newport Events ", and some key functions at the club. In addition, the following parking management measures will also be implemented by the club: 1. The new employee initiation program will include a section addressing appropriate parking location and procedures. 2. Employees will be provided with a card or code to open the parking to the secured boat storage area for employee parking. Written communication will be prepared and sent to each member of the Club which will detail the parking policies of the Club. This or similar communication will thereafter be sent to each member once a year. 4. With the exception of the gating to secure the dry boat storage portion of the yacht club no gating of the vehicular access areas will be permitted. All non - emergency professional (outside vendors) boat maintenance activities are to be conducted between 8:OOam and 5:OOpm on Monday through Friday. 120 Loading activities at the Club will be restricted to periods of the day when parking demand is low. 13 it4 Appendix A Peak Weeknight Parking Data 14 5b Appendix A Table A -1 Cars Parked At BCYC - Actual Parking Demand (Wednesday June 30, 2004) Time Cars Parked On -Site Lot Off -Site Total (Club Lot) 4:00 PM 51 8 59 4:30 PM 56 9 65 5:00 PM 75 13 88 5:30 PM 87 28 115 6:00 PM 90 43 133 6:30 PM 90 52 142 7:00 PM 87 51 138 7:30 PM 76 51 127 8:00 PM 79 38 117 8 :30 PM 69 21 90 9:00 PM 58 16 74 9:30 PM 51 10 61 10 :00 PM 28 2 30 10:30 PM 24 2 26 15 C� Appendix A BCYC - Parking Observations and Breakdowns - Wednesday June 30, 2004 Cars parked were counted between 4:00pm and 11:00pm. A peak total of 142 cars parked for the club were counted — 90 cars on -site and 52 cars parked on- street. There was a total attendance at the club of 213 persons, which included 80 club members dining (above average), a private club member dinner of 18 persons, a private party of 70 persons, and a Rotary Club meeting (non -club function) of 45 persons. A total of 16 staff were working that evening. There was no organized boating activity. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked Club Member Dining (Assume 75% at any one time) 80 total 60 2.0 / car 30 Private Dinner 18 2.0 / car 9 Non -Club Private Party 70 2.0 / car 35 Rotary Club 45 1.0 / car 45 Em to ees 16 staff 1.0 / car 16 Boatin Boats Out of Slip or on Boat in Slip Assume 10% of slips) 7 boats 1.0 cars /boat 7 TOTALS 142 16 5� Appendix B Typical Weeknight Parking Data 17 65 Appendix B Table B-7 Cars Parked At BCYC (Wednesday July 7, 2004) Time Cars Parked in Club Lot 4:00 PM 59 4:30 PM 39 5:00 PM 42 5:30 PM 47 6:00 PM 48 6:30 PM 58 7:00 PM 64 7:30 PM 62 8:00 PM 60 Note: Up to ten cars also observed on El Paseo that were club - related. 18 �� Appendix B BCYC - Parking Observations and Breakdowns - Wednesday July 7, 2004 Cars parked were counted between 4:00pm and 8:00pm. A peak total of 64 cars parked were counted in the club lot (75% full). Up to about 10 cars were also parked on El Paseo, which were assumed to be club - related even though the parking lot was never full. Total peak parking demand for the club was therefore estimated at 74 cars. There was a total attendance at the club of 94 persons, which included 61 club members dining, and a Rotary Club meeting (non -club function) of 33 persons. There was no organized boating activity and very little boat usage was observed. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked Club Member Dining (Assume 75% at any one time 61 total 46 2.0 / car 23 Non -Club Rotary Club 33 1.0 / car 33 Em to ees 12 staff I.0 / car 12 Boatin Boats Out of Slip or on Boat in Slip Assume 10% of slips) 7 boats 1.0 cars / boat 7 TOTALS 75 19 Appendix C Peak Weekend Day Parking Data 20 �� Appendix C Table C -1 Cars Parked At BCYC (Saturday July 10, 2004) Time Cars Parked in Club Lot 8:30 AM 32 9:30 AM 40 10:30 AM 61 11:30 AM 67 12:30 PM 63 1:30 PM 65 2:30 PM 74 3:30 PM 72 4:30 PM 64 5:30 PM 60 6:30 PM 52 7:30 PM 51 8:30 PM 30 9:30 PM 34 10:30 PM 26 11:30 PM 24 Note: Up to sbc cars also observed on El Paseo that were club - related. 21 61 Appendix C BCYC - Parking Observations and Estimates - Saturday July 10, 2004 At 2:30pm there were 74 cars parked in the club lot. There were also 6 cars parked on El Paseo — although the club parking lot was not full, they were assumed to be associated with BCYC for purposes of analysis. There were only a few cars parked on Bayside which all appeared to be residential parking. The total parking usage for the BCYC at 2:30pm was therefore determined to be 80 cars. There were no non -club (outside) functions occurring at the club. The lounge, and dining room were closed. There were no club meetings occurring. There were a few people in the Columbia Room (bar) and at the pool. A total of 10 boat slips were empty (boats out), and people were on 5 boats at the slip, so a total of 19% of the boat slips were active. An Angleman Series Boat Race was occurring which involved a total of 7 boats. The Angleman Race is one of the most active at the club. An estimated 7 boats were in use from the dry boat storage yard. The following calculations (which involve estimates of parking ratios based on BCYC experience) provide an estimated breakdown of the parking use by type of activity. The close correspondence of the total parking estimate and the number of peak cars observed validates the assumptions of persons per car and boating activity. Activity Quantity Ratio Cars Parked B Racing Boats 7 boats 1.0 cars /boat 7 Crew 35 crew 1.5 / car 24 Committee 4 2.0 / car 2 Other Out of Slip 3 boats 2.0 cars / boat 6 On Boat in Slip 5 boats 1.0 cars /boat 5 D?yBoats 7 boats 1 1.0 cars /boat 7 Sabot/Dinghy 3 boats 1.0 cars /boat 3 Club ColumbiaBar /General 12 people 1.0 / car 12 Pool 4 people 2.0 / car 2 Employees 12 staff 1.0 / car 12 TOTALS 80 22 0 Appendix D Parking Counts for Off -Site Parking Lot 23 q Appendix D Table D -1 Observed Utilization.of Office Parldng Lot Time # of Spaces On 06 -30 -04 (Wednesday) On 07 -07 -04 (Wednesday) On 07 -10-04 (Saturday) # of °i° # of # of °i° # of # of °c # of Cars ow Empty qty Cars Oce Empty cam Occ Empty Parked Spaces Padced Spaces Packed S aces 8:30 AM 27 2 7% 25 9:30 AM 27 3 11% 24 10:30 AM 27 3 11% 24 11:30 AM 27 3 11% 24 12:30 PM 27 3 11% 24 1:30 PM 27 2 7% 25 2:30 PM 27 3 11% 24 3:30 PM 27 3 11% 24 4:00 PM 27 15 56% 12 8 30% 19 4:30 PM 27 .12 44% 15 9 33% 18 2 7% 25 5:00 PM 27 12 44% 15 10 37% 17 5:30 PM 27 12 44% 15 10 37% 17 4 15% 23 6:00 PM 27 2 7% 25 6 22% 21 630 PM 27 2 7% 25 2 7% 25 1 4% 26 7:00 PM 27 1 4% 26 1 4% 26 7:30 PM 27 1 4% 26 3 11% 24 0 0% 27 8:00 PM 27 1 4% 26 2 7% 25 8:30 PM 27 0 0% 27 0 0% 27 9:00 PM 27 0 0% 27 9:30 PM 27 0 0% 27 0 0% 27 10:00 PM 27 0 0% 27 10:30 PM 27 0 0% 27 0 0% 27 11:30 PM 27 0 0% 27 24 0 Appendix D Table D -2 Observed Utilization of Beikport Bayside Marina Parking Lot Time # of Sys On 06 -30 -04 (Wednesday) On 07 -07104 (Wednesday) On 07 -10.04 (SaWnlay) # of # of # of % # of # of % # of Cars % Empty Cars Occ Empty Cars occ Empty Parked Occ Spaces Packed —Spaces Packed —Spaces 8:30 AM 50 20 40% 30 9:30 AM 50 23 46% 27 10:30 AM 50 21 42% 29 11:30 AM 50 21 42% 29 12:30 PM 50 27 54% 23 1:30 PM 50 27 54% 23 2:30 PM 50 28 56% 22 3:30 PM 50 28 56% 22 4:00 PM 50 6 12% 44 7 14% 43 4:30 PM 50 6 12% 44 7 14% 43 25 500/0 25 5:00 PM 50 8 16% 42 8 16% 42 5:30 PM 50 9 18% 41 9 18% 41 14 28% 36 6:00 PM 50 8 16% 42 10 20% 40 6:30 PM 50 10 20% 40 9 180/0 41 18 36% 32 7:00 PM 50 12 24% 38 10 20% 40 7:30 PM 50 13 26% 37 8 16% 42 17 34% 33 8:00 PM 50 12 24% 38 9 180/0 41 8:30 PM 50 7 14% 43 19 380/a 31 9:00 PM 50 8 16% 42 9:30 PM 50 7 14% 43 15 30% 35 10:00 PM 50 6 12% 44 10:30 PM 50 4 8% 46 13 26% 37 11:30 PM 50 10 20% 40 25 t „ Appendix E Calculation of Person Thresholds for 150 Space Parlung Supply 26 a Threshold Analysis for On -Site Supply of 150 Spaces The parking plan assumes no off -site parking availability and so is based on the on -site parking supply of 150 spaces on -site (129 striped spaces and 21 valet spaces). We conducted an analysis to determine the maximum number of attendees that could be accommodated at the clubhouse with this parking supply. Weeknieht In this instance we estimate that on a weeknight, the clubhouse could accommodate between 190 and 250 total person attendance with the on -site parking supply (the lower end of the range would apply if functions included uses such as the Rotary Club with one person per car, and the upper end of the range would apply when car occupancy was more typically 2 persons per car). These. thresholds were derived as follows (final numbers were rounded down for purpose of conservative analysis): Total spaces available: 150 spaces Parking for boat activity: - 7 spaces (from previous analysis) Parking for 16 employees: - 16 spaces (from previous analysis) Spaces available for attendees: 127 spaces @ 1.5 persons /car = 191 persons (say 190) @ 2.0 persons/car = 254 persons (say 250) @ 1.8 persons/car = 229 persons (say 230) (Based on Appendix A the average car occupancy for member dining and functions is 1.8 persons per car, so to simplify the threshold analysis that will be used). Weekend For a peak weekend, with higher boating activity, we estimate that the clubhouse could accommodate a total of 120 people during the day and 165 people during the evening with the on -site parking supply (assuming 2 persons per car on average). These thresholds were derived as follows: Total spaces available: 150 spaces Parking for boat/clubhouse activity: - 68 spaces (from previous analysis) Parking for 12 employees: - 21 spaces (from previous analysis) 27 �� Spaces available for attendees @ 2.0 persons/car = 61 spaces 122 persons (say 120) Club records do not indicate when "evening" functions actually started so this analysis makes a worse case assumption that they could start during the daytime period of highest boating activity. Evening In the evenings (5:30pm and later) boating activity is lower, so the threshold is higher. Total spaces available: Parking for boat/clubhouse activity: Parking for 12 employees: Spaces available for attendees @ 2.0 persons /car = 150 spaces - 48 spaces (from previous analysis) - 18 spaces (from previous analysis) 84 spaces 168 persons (say 165) W 0 1. When parking demand is expected to exceed 129 spaces, BCYC shall provide valet parking in the club parking lot. 2. BCYC shall manage clubhouse activities such that total parking demand does not exceed 150 spaces when outside functions are scheduled_ BCYC shall accomplish this by forecasting the parking demand (utilizing the parameters included in the Parking Management Plan, dated July 19, 2004) to limit clubhouse attendance when necessary. While such limits may vary according to the types of activities scheduled, the following guidelines are offered based on the July 19, 2004 Parking Study. a). On weeknights, BCYC shall manage chubhouse activities such that the combined clubhouse attendance (member dining and outside functions) shall not exceed 230 persons. b). On peak summer weekends (July — August), BCYC shall manage clubhouse activities such that the combined clubhouse attendance (member dining and outside functions) shall not exceed: (i) 120 persons for a daytime function, or, (ii) 165 persons for an evening function (5:30pm or later). These clubhouse person attendance thresholds may be exceeded if the total parking demand does not exceed 150 spaces. 3. If BCYC at any time provides any off -site parking, then the above thresholds may be raised by two persons attending for every on off -site space provided- 4. BCYC member functions may on occasion exceed the 150 space supply, including "Newport Events" such as Opening Day, the Newport- Ensenada Race, the Boat Parade, and other key member functions at the club. 65 EXHIBIT 5 NEIGHBORHOOD OUTREACH �G July 28, 2004 Bahia Corinthian Yacht Club Neighborhood Outreach — 6124/04 — 7/28/04 Date Outreach Method Audience /Outcome 6/24 Letter To all Bayside & Irvine Terrace residents who spoke at PC hearing requesting a meeting to discuss the situation 6/28 Phone calls Bayside & Irvine Terrace residents as a follow up to letter /meeting request 6/29 Telephone meeting Mr. Dave Hook -1617 Bayside : 45 on problem and his input on solutions 6/29 Telephone meeting Ms. Carol Skoro —1601 Bayadere : 30 on history of parking situation input on solutions 6/30 Telephone meeting Mr. Val Skoro — 1601 Bayadere : 50 on his involvement on issue and suggested solutions 6/30 Telephone conversation Mr. Bill Rauth — Discussion of situation, arranged to meet he and Mr. Vince Enito 7/2 Meeting Mr. Bill Rauth and Mr. Vince Enito both of Bayside /next door to BCYC overview of their involvement and of the situation, input on solutions, discussion of history 717 Letter Invitation letter to all concerned residents in Irvine Terrace and all adjacent residents of Bayside to a neighborhood meeting on 7/13 to discuss the situation and the new plans 7/8 Phone call Call to Mr. Ray Kennedy — HOA President of Irvine Terrace to get 0 7/9 7/9 7/12 7/13 7/19 Telephone meeting input on solutions and invite to 7/13 neighborhood meeting Mr. Val Skoro -: 30 on how new plans are shaping up, discussion of how the neighbor input is being incorporated into plans, further discussion on consensus and BCYC's intent to be a good neighbor Meeting Meeting with BCYC Board on feelings/input from concerned neighbors, build support for taking neighbor concerns seriously and incorporating their suggestions into new plans Meeting Mr. Bill Rauth and Mr. Vince Enito - showed new plans and had long discussion on the parking solutions for BCYC, demonstrated how the neighbor concerns were incorporated into the new plan, further discussion on consensus and BCYC's intent to be a good neighbor and make the new plan work Neighborhood meeting Hosted neighbors' — Bill Rauth & Vince Enito of Bayside and Ray Kennedy, Royce Sharf, Val Skoro, & Wally Olsen of Irvine Terrace — at BCYS to present new parking plans, get their continued input, answer their questions and demonstrate BCYC's genuine intent to follow through with parking solutions (note — all Bayside homeowners' x7 to the south from BCYC were invited and only two attended). Telephone meeting Mr. Val Skoro — discussion of plan being submitted to City, arranged a meeting to deliver a copy of the plan and go over its contents 7/19 Email correspondence Mr. Ray Kennedy and Mr. Royce Sharf of Irvine Terrace — requesting Meeting to discuss plan being Submitted to City. 7/19 Phone call Call to Mr. Bill Rauth's office informing him that the new- plan was being submitted and requesting another follow up meeting to discuss contents with he and Mr. Vince Enito 7/21 Phone calls To all Irvine Terrace residents who are BCYC members to get their input on implementing the new parking plan, also to hear their opinion on parking situation (x8 calls /conversations) 7/21 Meeting Mr. Val Skoro & Mr. Wally Olsen — delivered new plan, had long discussion of its content and of the future implementation of parking solutions 7/22 Personal delivery Delivered parking plan to Mr. Bill Rauth's office, & homes of Mr. Ray Kennedy and Mr. Royce Sharf 7/28 Email correspondence Mr. Ray Kennedy & Mr. Royce Sharf — requesting follow up meeting to go over submitted plans after their review 7/28 Phone call Call to Mr. Bill Rauth's office offering follow up meeting or teleconference on submitted plans after his (and Vince Enito's) review 7/28 Phone call To Mr. Val Skoro as a follow up to our last meeting and to get his opinion on parking plan CONCERNED RESIDENTS OF BAYSIDE & EL PASEO TO: PLANNING COMMISSION FROM: CONCERNED RESIDENTS SUBJECT: BAHIA CORINTHIAN YACHT CLUB USE PERMIT 1601 BAYSIDE DRIVE DATE: REQUEST JULY 6, 2004 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 0 6 2004 FM 71819110 1l l X12 ,11213,41516 BCYC is operating in violation of its Use Permit by virtue of violation of 5 of 7 conditions governing its operations, specifically condition numbers 1, 2, 4, 5 and 6. The intensity of these violations and the impact upon the community have become more acute every year. The City formally required compliance almost one year ago. BCYC has made a mockery of the zoning laws and process. They have operated without regard to the legality or consequences of their operations. Now in July they propose legalizing their illegal operations. This conduct should not be rewarded. We agree with the Planning Department that more parking is required, not less. If BCYC is a private yacht club, the activities of BCYC should be that of a private yacht club with adequate parking for such activities. If BCYC proposes to operate as a private yacht club and an "Event Center ", then the Use Permit should be modified to (i) specifically authorize such multiple uses; (ii) specifically regulate the "Event Center" use; and (iii) require adequate parking for that activity in addition to the parking required for yachting activities so that these multiple uses can be accommodated without unreasonable risk to the public or undue burden on the local community. Assuming that BCYC desires to continue its multi- purpose operations, we respectfully request that such amendment be adopted as soon as possible. FACTS Thirty-five years ago, on July 17, 1969, the Planning Commission approved the Use Permit to allow BCYC to construct a yacht club. At that time, the only neighbors were the Balboa Yacht Club. The Use Permit included an approval of a parking waiver, since the site did not provide the minimum required parking of 246 spaces. That may have been the proper determination in 1969 for a private yacht club, but BCYC's expansion of activities between 1969 and today has created an undue burden on the City and the community. The Planning Commission assumed then that the largest function conducted on the premises would be in the banquet facilities, and 100 spaces for participants and 22 spaces for employees would provide adequate parking for such an event. It was also assumed that during an event of this type, other meetings, boating, etc. would not be conducted. Over the past 35 years this key assumption has become a fiction. During the peak yachting season, July I through Labor Day (the "Peak Season "), peak yachting activities for members at BCYC occur concurrently with peak banquet activities for non - members. 11 In addition to 122 onsite spaces, offsite parking was required in 1969 at a separate location to the west of the site (the "Irvine Parking Lot") for additional slips used by The hrvine Company. BCYC lost access to the Irvine Parking Lot in 1996, a net loss of approximately 15 parking spaces, when BCYC purchased the property from The Irvine Company. The property is improved with a 25,000 square foot building, docks, boat slips, a swimming pool, and a large dry boat storage area. The site has an illegal private carded access gate located at the main entrance to the parking lot at Bayside Drive and a second secured gate at the dry boat storage area which now illegally encloses, for boat storage, a substantial portion of the required parking lot. There are 12 reserved parking spaces for BCYC officers and management which often remain empty even when the parking lot is full. Over the past 35 years the residential communities to the east and the south have been fully developed and Bayside Drive has become a major artery for traffic through Corona del Mar. On a recent Thursday afternoon, June 201, cars were parked on both sides of Bayside Drive from Jamboree Road southeast past the Harbor Patrol as far down Bayside Drive as legally possible, and on both sides of El Paseo into the community of Irvine Terrace. Over the years, in addition to its use as a yacht club, BCYC has taken advantage of its prime location and large banquet facilities to become an "Event Center" hosting weddings, anniversaries, charity galas, and other public functions, such as would be held at the Four Seasons, Pelican Hills and other local venues. This use has created a substantial traffic and parking burden which has become worse over time. ANALYSIS An amendment to the Use Permit is now required since the parking needs of BCYC have dramatically increased over the past 35 years. The first parking waiver was for a parking reduction from 246 to 122 spaces. At a minimum, this waiver should be revoked and adequate onsite spaces should be required. In the alternative, multiple uses should be prohibited on weekends during the Peak Season. We are advised that 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 sufficient to serve the parking demands related to the slips operated by the yacht club. This assumption is valid for BCYC only during private member functions in the banquet facilities. If instead, the public is occupying the banquet facilities and the members are fully engaged in yachting activities, the assumption is invalid and the parking waiver has no basis. It should be noted that the Use Permit was approved with the assumption that BCYC is a np •vate yacht club, not oven to the general public and providing boating related activities only to its members. The approval was also based upon the understanding that the membership of BCYC would not exceed 700 members. Since then, BCYC has not dramatically increased its membership, yet they have made the facility available to "non- member" activities, events, and functions which are not "boating related ", including dining, dancing, entertainment and full bar service. These unanticipated activities have imposed substantial burdens on the public streets and sidewalks of Bayside Drive and El Paseo and the local community. These activities are inconsistent with the original understanding of the Planning Department and the intent of the Use Permit. Clearly, these unintended activities impose burdens on the City and local community far in excess of burdens that might be imposed by excessive membership participating in boating related activities. We are not aware of the legal basis d� for the expansion of these activities. Perhaps this is a question which needs to be addressed. Nonetheless, if they are to be allowed, adequate parking must be provided. We are advised that under current City regulations, the parking requirement for BCYC is 133 spaces. Parking spaces for 133 cars may be adequate for member banquet activities. In the alternative, 133 spaces may be adequate for member yachting activities. They are not adequate, however, for member yachting activities and up blic banquet activities when they occur at the same time as they do at BCYC. Adequate parking under such circumstances clearly requires in excess of 246 spaces. RECOMMENDATION OF CONCERNED RESIDENTS In order to approve any use permit, the Planning Commission must find that the operation of the use 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 improvement in the neighborhood or the general welfare of the City. We agree with the Planning Commission staff that more parking is needed, not less. The existing conditions that control the operations of BCYC have failed. During the Peak Season, existing operations have resulted in intolerable congestion and danger to the public and undue burden on the local community. Over the past 35 years the community has been fully developed and Bayside Drive has become a major artery for traffic through Corona del Mar. On weekends during the Peak Season, large numbers of participants, including young children, enter and exit BCYC from stopped or parked vehicles across Bayside and El Paseo as if it was a parking lot. Traffic is backed up on Bayside and El Paseo in both directions and through traffic is forced to pass the vehicles that an. dropping off or picking up passengers. This is more than a nuisance; it is a very dangerous situation. Fortunately, no major incidents have occurred. Imagine the impact on the neighborhood. There is no place for residents, their family or friends to park. The chaos is accentuated by the honking of horns and screeching of brakes. It becomes extremely dangerous to enter or exit your own driveway. As attendees leave the BCYC, their drinks and trash are carried with them into the private community and tossed into the public streets and sidewalks or private gardens upon entering their cars. BCYC has compounded the problem by willfully violating their Use Permit. Their actions constitute willful and continuous violations of the zoning laws that are punishable by jail time and substantial fines for every day of violation. When City officials demand they obey the law, BCYC's only answer is to demand that the City legalize this illegal conduct. They have made a mockery of the process. The City should enjoin this illegal conduct and consider revocation of their Use Permit. In 1969 the parking regulation required 246 onsite parking spaces. BCYC was granted a waiver. Only 122 spaces were required by Use Permit. That was a mistake. Let's not compound that mistake with a second waiver to reduce the parking from 246 to 95. More parking is needed, not less. When the Use Permit was issued in 1969, it was acknowledged that future expansion of activities would require additional parking. Thirty-five years later, that future is now. BCYC's acquisition of additional boat slips in 1996 actually caused a net loss of off -street parking. Banquet activities have undergone exponential expansion and these activities often occur during the Peak Season when membership parking needs are at a peak for yachting activities. More parking is required, not less. Thirty-five years ago the City imposed parking requirements on BCYC based upon assembly occupancy of the clubhouse. The City assumed that these parking requirements were sufficient to serve the parking demands related to the boat slips and the dry storage operated by BCYC because "during banquet events, other meeting, boating, etc. would be nil" As an "Event Center", nothing could be further from the truth today. This assumption is not valid for BCYC today because the members who are using the boat slips and dry storage are not the patrons who are using the banquet facilities. Today, BCYC is more than a yacht club. The uses of BCYC have expanded so much over the past 35 years that the basic assumption supporting the existing waiver.is invalid today. Exhibit A contains a description of . typical activities that might occur on a weekend during the Peak Season and an estimate of parking requirements. Any reasonable analysis of yachting activities demonstrates clearly that all 122 spaces are occupied before the arrival of participants for Saturday evening events. If yachting activities, plus employee parking consume all onsite parking and all available street parking on Bayside and El Paseo, where are the wedding guests to park when they arrive for the wedding? The Planning Department recognized this from the outset. On July 11, 1969 in their recommendation that Use Permit No. 1437 be approved they acknowledged that "If the scale of operations expands, it may become necessary for BCYC to acquire additional property and/or construct multi-level parking facilities." That time has come. Adequate parking should be provided onsite so that it does not place undue burden on the neighboring properties and streets. If the event banquet participants are forced into the community to satisfy their parking needs, they treat the public streets, the sidewalks and the residential property as an extension of the parking lot, bringing their drinks, their beer cans and trash with them. If parking was available for them onsite, their drinking and trash would remain in the parking lot and the urine and vomit would remain in the restrooms of BCYC. The problems that exist today will only increase over time as the BCYC offers additional services. Conclusion: Yachting activities and banquet facilities cannot operate at the same time without adequate parking. If BCYC desires that yachting activities be available to its members concurrently with banquet activities, they must provide adequate parking. It is not the responsibility of the City or the residents to provide this parking or to bear the undue burden of the current multiple uses. If BCYC refuses to provide adequate parking, then they must choose whether BCYC will be available to members for yachting activities, or whether it will be available to others for banquet activities — but not both. The Use Permit under which the BCYC operates, now and in the future, must include conditions which prohibit multiple uses during the Peak Season unless adequate parking is provided. IMPACT OF RECOMMENDATION If the Use Permit is amended to include the recommended conditions, the impact on the City will be positive. Bayside Drive can serve as a traffic artery through Corona del Mar with reduced congestion and danger. hi addition, Bayside and El Paseo will be available for public parking for the City park in Irvine Terrace, the County beach on Bayside Drive and local residents. The impact on the local community will be dramatic. If the cars are parked in BCYC parking facilities, the noise, congestion and trash will stay within those facilities. The impact on BCYC is purely financial. BCYC will have to bear the cost of additional parking facilities or lose revenue fi-om major banquets during Peak Season. This is not a great burden. Members of BCYC are able to spend every weekend hvine on the Bay. This is a priceless experience for a nominal monthly fee. This amendment will increase that cost modestly. Several alternatives for BCYC are discussed in Exhibit B. Exhibit C describes the parking conditions that existed from Wednesday, June 30a', through Sunday, July 4u',�at the time of day that the count was taken. The data, while limited, highlights the need for more parking — not less. ACTION The choice is simple. Should BCYC be allowed to use Bayside Drive and El Paseo as their private parking lot, dumping their patrons and trash onto the public streets and sidewalks and private property of the community at the expense of the City and private residents or should BCYC be . required to keep their cars, congestion, noise and trash within the boundaries of their property? In 1969 the staff reported that 122 spaces would appear to be adequate for current needs, but stated that "If the scale of operations expands, it may become necessary for the club to acquire additional property and/or construct multi-level parking facilities ". Thirty-five years later, 122 spaces are not adequate for the current scale of operations or future expansion of operations. These issues must be addressed today. We respectfully request that you unanimously reject BCYC's request for a second parking waiver reducing parking requirements from 246 to 95 spaces. BCYC has operated in willful violation of its Use Permit and ignored the City's warnings and citations. BCYC's only response to the City — "legalize our illegal conduct ". BCYC has made a mockery of our zoning laws and a mockery of the process. Don't reward such conduct. Immediately after your rejection of the second parking waiver, we ask that you direct Staff of the Planning Department to determine the number of onsite parking spaces required to provide adequate parking for the current and future operations of BCYC. We are confident that they will determine that the existing conditions to the Use Permit are not adequate for current and future operations. We ask that you (i) modify the conditions to the Use Permit to increase parking requirements to provide adequate parking for existing and future operations; or (ii) modify the conditions to the Use Permit to restrict BCYC operations (e.g., no banquet activities on weekends during the Peak Season) so that existing parking requirements provide adequate parking for such restricted operations. 15 EXHIBIT A WEEKEND ACTIVITY DURING PEAK SEASON Exhibit A is designed to reflect minimal yachting activities on a weekend during the Peak Season so that the scope of the problem can be understood. During the Peak Season, actual usage substantially exceeds that which is described in this Exhibit. Activi Parking Spaces Utilized Overnight Boating Activities (I or more nights offshore): • Offshore Cruising: Weekend or extended visits to 9 boats x 2 cars = 18 spaces Catalina, San Clemente or Channel Islands off for weekend or longer Santa Barbara (9 members plus guests) • Coastal Cruising: Weekend or extended visits to 6 boats x 2 cars = 12 spaces affiliated yacht clubs in Dana Point, San Diego, for weekend or longer Marina del Ray, Santa Barbara, etc. (6 members plus guests) • Fishin : Full day or extended fishing excursions in local waters or Catalina, San Clemente or the Coronados in San Diego (8 members plus guests) 2. Weekends on the Bav: Friday or Saturday arrival to spend weekend on the bay in boat slips with possible bay cruise, local fishing, or coastal run to Emerald Bay, etc., but mostly bay front, island living, reading, puttering on boat, cocktails and barbecues with family or guests; swim in the pool and burger on the pool deck (10 members plus guests) Day Use: Saturday on the Bay. Day use of boat in slip, local boating activities with marina boats and dry storage boats, swim in pool, burger on pool deck, drinks and barbecue (30 members plus guests) 4. Total of Yachting Activities: (63 members out of a total of 425 members) (43 boat slips out of a total of 69 boat slips) (20 dry storage boats out of a total of 200) 5. BCYC Emnlovees = 50: 6. Total of Yachting Activities Plus Employees: Wedding or Other Event (150 -300 Participants): TOTAL OF MULTIPLE ACTIVITIES: 8 boats x 2 cars = 16 spaces for weekend or longer 10 boats x 1 %2 cars = 15 spaces for overnight or weekend 10 slip boats x 1'/2 cars 20 dry storage boats x 1 car = 15 spaces = 20 spaces 50 cars = 50 spaces 146 spaces 75 to 150 spaces 221 to 296 spaces i ADDITIONAL ALTERNATIVES FOR BCYC • Restricted Banquet Operations During Peak Season. Prohibit banquet operations Thursday through Sunday from July 1 through Labor Day. Large banquets still available on weekends for 10 months of the year and Monday through Wednesday during the Peak Season. This is not much of a burden on BCYC, whereas it still imposes a substantial burden on the public and the local community on the days that these activities occur. 0 Multi -Level Parking: Planning Department indicated in 1969 that BCYC may eventually need to construct multi-level parking facilities in order to accommodate expanded activities. • Shuttle Service: Large events could be accommodated with guest parking at central offsite location owned or leased by BCYC and then shuttled into the existing parking lot. • Eliminate Dry Storage: Alternative dry storage is available in Newport/Costa Mesa area. Alternative parking facilities are more rare. • Restricted Parking for Public Events: During public banquet events, all BCYC parking facilities should be reserved for use by attendees only and members should be prohibited from parking onsite. As a result, the ancillary problems associated with such events will remain within the gates of BCYC and off the public sidewalks, streets, and property of local residents. 11 EXHIBIT C ACTUAL PARKING COUNT — JUNE 30 THROUGH JULY 4, 2004 June 30th: 6:30 p.m. — After 9:00 p.m. • Lot Full • El Pasco Full •, No Boating Activity. • Event/Function July 1': 6:00 p.m. • Lot Full • 26 Cars on El Pasco • No Event/Activity July 2" d: 5:30 p.m. • Lot Full • 28 Cars on El Pasco • No Special Activity July 3`d: 3:30 p.m. • Lot Full • 22 Cars on El Pasco • Club Activity July 01: 12:45 p.m. • Lot Full • El Pasco Full • Club Activity CONCERNED RESIDENTS OF BAYSIDE & EL PASEO TO: PLANNING COMMISSIONERS FROM: CONCERNED RESIDENTS SUBJECT: BAHIA CORINTHIAN YACHT CLUB USE PERMIT 1601 BAYSIDE DRIVE DATE: JULY 28, 2004 On June 17, 2004, based upon the recommendation of the Planning Staff, action on the amendment to the BCYC Use Permit was continued so that a Parking Study and a Parking Management Plan could be developed. At the recommendation of the Planning Staff, Hogle - Ireland was engaged and today, seven weeks later, and over one year since the City became aware of the Code violations, we have the results of the study and proposed solutions. The study has demonstrated, for the record, what we all have known — that the Boating Activities of BCYC combined with the Clubhouse Activities of BCYC create parking demands which far exceed the parking spaces currently available. They have proposed 6 measures to satisfy this deficiency. We note that of the 6 proposed measures recommended for adoption by the Planning Commission, items 1, 2, 3 and 4 are, and have been, part of the existing Use Permit since 1969, except to the extent that item 4 increases on -site parking by 7 spaces. Item 5, "on-site valet parking ", is proposed to increase total parking on -site to 154 spaces. Even with 154 cars on -site, 15% of the events currently held at BCYC will have parking requirements that cannot be accommodated. This is not acceptable. The property consists of 2.1 acres, 75% of which is paved as a parking lot. This paved surface could accommodate in excess of 250 vehicles. If the current operations of BCYC create the parking needs described in the study, and if those needs exceed that which can be satisfied at least 15% of the time, then these excess needs should be satisfied by using the paved surface available to BCYC on its 2.1 acres. The operations of BCYC create this need and the Parking Study has confirmed this need. It is now the responsibility of the Planning Department to require that these parking needs be satisfied with the available space. To decide otherwise is to simply ignore the facts and to pretend that the parking needs are satisfied. The only other alternative is to prohibit those functions which create the excessive parking needs. That, in fact, is the solution preferred by Hogle - Ireland. They propose a Parking Management Plan which would prohibit activities that create parking demand in excess of the 154 that could be accommodated on -site unless appropriate off -site parking is acquired by BCYC. This proposal 0 works, if enforced. BCYC has no incentive to comply with such a plan, and in fact has a financial incentive to violate this Plan because they will suffer a loss of revenue from 15% of the activities currently held at BCYC. Therefore we encourage the use of the existing paved surface available on- site. In conclusion, 1. Hogle -Ireland has described the need, and it is confirmed by the Parking Study prepared by The Mobility Group. 2. The need exists because the Boating Activities combined with the Clubhouse Activities create parking demand which far exceeds the parking spaces currently available and, for at least 15% of the time, exceeds that which is proposed by BCYC for on -site parking. 3. The need exists because the operations of BCYC have expanded far beyond that which was contemplated under its 1969 Use Permit and the zoning laws of the City. These are the facts — they cannot be ignored. They are now part of the record. We cannot pretend otherwise, but must deal with the problem with a practical solution. (i) The space is available on -site. No buildings need to be removed — the space is already paved. The space exists as a parking lot today, but it is used for parking boats rather than cars. (ii) There is no other alternative unless the City is prepared to restrict the Clubhouse Activities of BCYC so that attendance is limited to available on -site parking. This requires compliance and enforcement. BCYC has no incentive for compliance and the City has no resources for enforcement. The facts are in the record and cannot be ignored. We can't pretend that BCYC is a private Yacht Club and that parking based upon assembly space is adequate. BCYC creates excessive parking needs because they provide two activities: (i) Boating Activities for members, family and guests which create demand for parking spaces comparable to marinas and dry dock storage; and (ii) Clubhouse Activities for members and for the public at large that create parking demands similar to other comparable venues. Let's not pretend otherwise. We respectfully request that you encourage the Planning Department to recognize these problems and to create practical solutions that will work now and in the future. As a footnote, we note with interest that BCYC's activities in connection with Opening Day, the Newport- Ensenada Race and the Boat Parade are referenced in the Proposal and the Parking Management Plan as "Newport City Wide Events" which will exceed the available on -site parking and the Parking Management Plan. If the City agrees with this characterization, it appears that responsibility for parking, congestion, safety, noise and behavior at BCYC is intended to be shifted from BCYC to the City during these events. It is not clear to us why the City would choose to accept this responsibility. We believe that the residents of Newport Beach would have trouble understanding why the City should take responsibility for BCYC's Opening Day festivities or the commercial entertainment activities conducted by BCYC during the Newport- Ensenada Race or the Boat Parade. The Newport- Ensenada Race and the Boat Parade are Newport City Wide Events, but the commercial entertainment activities conducted at BCYC are BCYC events. If the City rejects this responsibility, as we believe it should, and recognizes these commercial activities as BCYC functions, then these BCYC functions should also be regulated. I FROM : MONTGOMERY PHONE NO. : 562 427 3116 Jul. 29 2004 12:10PM P1 i ORI.1AIZF1i1 IHI SOUTHERN CALIFORNIA YACHTING ASSOCIATION July 29, 2004 Mr. Larry Tucker, Chairman Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca 92663 RE: Bahia Corinthian Yacht Club (BCYC) Dear Chairman Tucker and Members of the Planning Commission: Bahia Corinthian Yacht Club has been a member of the Southern California Yachting Association (SCYA) since 1959. SCYA is an organization of approximately 90 yacht clubs from throughout Southern California, Arizona and Nevada We conduct seminars, foster local, regional, national and international Corinthian yachting competition, provide support to amateur and recreational boating, and coordinate race schedules and other activities for member clubs. BCYC plays a very important role in the accomplishment of our mission and in the networking among our member clubs, as well as the yachting community. For instance, in February of each year, SOYA conducts the "Women's Sailing Convention" which provides land -based and on -the- water workshops conducted by leading women sailors. There are approximately 300 women sailors from Southern California and from other parts of the United States who attend this convention. Those women spend the weekend in Newport Beach and are directed to Newport Beach hotels for their accommodations. This Convention has been held at BCYC for the last 12 years, and we have found that BCYC has the only practical facility that can accommodate the needs for this tremendously successful yachting community event In addition to the Convention, BCYC is one of the venues for our Midwinter Regatta and provides their facility to us for various meetings. 13CYC is a real asset to the endeavors of SCYA and its programs and we are requesting that you take into consideration their value to the yachting community when resolving the parking situation. We commit to working with 13CYC to make sure any new parking plan is complied with for future events they host for SOYA. The club brings a lot to Newport Beach and a substantial disruption in their operations would be adverse to the entire Southern California yachting community. I cerely modore, Southern 4.(Q:4: Ya Ming Association b� July 21, 2004 City of Newport Beach Planning Commission Mr. Larry Tucker, Chairman 3300 Newport Boulevard Newport Beach, California. 92663 Subject: Bahia Corinthian Yacht Club (BCYC) Dear Chairman Tucker and Members of the Planning Commission: RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 2 9 2004 AM PM 71819110111112111213141516 I have been a neighbor across the bay from BCYC on Balboa Island for ten years and wish to forward the following information to you. Years ago, we had a sound issue with BCYC and after talking with them, they took action to help alleviate the problem. They tried different methods to lower the sound level and finally, BCYC invested in an air conditioning system that allowed them to operate with closed windows during larger, louder events. Years later, I found that the club was a group of very nice, warm people, and I dropped out of another large established Yacht Club in Newport Harbor and joined BCYC. I am confident that they will do what is right and make the necessary changes to accommodate their neighbors, just as they did for us Little Balboa Island residents. Yours truly, July 21, 2004 City of Newport Beach Planning Commission Mr. Larry Tucker, Chairman 3300 Newport Boulevard Newport Beach, California 92663 Subject: Bahia Corinthian Yacht Club Dear Chairman Tucker and Members of the Planning Commission: RECEIVED By PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 2 9 2004 7181911011111211 213141 6 5 My name is Maureen Ramer. I am a resident of Lido Isle and the Advisor for the Sage Hill School Sailing Team. As you know, Sage Hill School is in Newport Beach. Over half of our student team members are Newport Beach residents. Bahia Corinthian Yacht Club (BCYC) has generously allowed us to use their facilities and boats, and has also provided us with coaches for our new high school Sailing Program. Newport Harbor Yacht Club provides the same service for Newport Harbor High School. Balboa Yacht Club, BCYC's neighbor, provides the same service for Corona del Mar High School. BCYC worked generously with our founding parents and offered their club's facilities and coach to our program. Sailing is a very important youth activity in Newport Beach. The three high school sailing teams represent Newport Beach in local, national and world sailing events. Regarding the parking issue, we are more than willing to promote car - pooling, student drops -offs and whatever is necessary to help limit the number of cars at their facility. Please do not limit their use/storage in the Boat Yard, as it is very important to us and the sailing community here in Newport Beach. We need boats to sail and to be assured that there is easy access to use them. Thank you very much A Maureen Ramer Newport Beach, California Cc file July 29, 2004 Mr. Lary Tucker, Chairman City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, California 92663 RE: Bahia Corinthian Yacht Club (BCYC) Dear Chairman Tucker and Members of the Planning Commission: Please find attached a copy of a letter sent to BCYC from the Leukemia & Lymphoma Society regarding our community involvement. Yours truly, _\ Barry Lem, � I'd 2969 Sb9 his . 4�N paIjTS aaAIa d0i:C6 40 62 Inr The Leukemia & Lymphoma Society . Fighting Blood - Related Cancers June 25, 2004 Mr. Barry Levy, Commodore Bahia Corinthian Yacht Club Board of Directors 1601 Bayside Drive Newport Beach, CA 92660 Dear Commodore Levy, SERVING ORANGE, RIVERSIDE AND SAN BERNARDINO COUNTIES 2333 North Broadway, State 320 Santa Ana, CA 92706 714 - 881.0610 TELEetloNE 714.881.0616 FACSIMILE www.11s.org Relentess for the Cares On behalf of the Leukemia & Lymphoma Society, I would like to express gratitude for your continuing involvement as the host yacht club for The Leukemia Cup Regatta in Newport Beach. For the past five years you have hosted the Junior Regatta and have raised tens of thousands of dollars. The involvement of your General Manager, the staff and the many members who volunteer represent countless hours to make this event a success. In addition, you have graciously donated facilities for meetings and hosted the Casino Night dinner and program. Your dedication and community involvement has raised awareness for the Society and our local Chapter. You have also helped educate children and adults about leukemia and other blood cancers and how the disease affects patients and their families. We look forward to your participation next year as we continue to grow the Leukemia Cup Regatta and expand it to include more of the Newport harbor community. Once again, thank you for your dedication and support of The Leukemia & Lymphoma Society. Z S2 Ely, � �,�011�c rZs� 'ct Tammy Guiso Executive Director S� Z'd 1 2SE9 Sb9 6b6 -4-'iW par,}iSjBATG 401 :E0 j,0 62 inr IRVINE June 28, 2004 Rosalinh M. Ung Associate Planner City ofNewport Beach P.O. Box 1768 Newport Beach, California 92658 Re: Request to Amend Use Permit 1437 Dear Ms. Ung: Via Certified Mai! #7002 0150 0001 7895 9093 PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 2 9 2004 7�819110111 X12 111213141516 We understand that that the Planning Commission is considering an amendment to the Use Permit No. 1437. Irvine Terrace Community Association ( "ITCA "), a homeowners association with 385 homes and over 1,000 Newport Beach citizens, asks that the Planning Commission not avarove_ any amendment to reduce the number of on -site vehicular narking spaces. In fact, ITCA numbers (we recommend 179 spaces) to accommodate peak crowds, especially since the Bahia Corinthian Yacht Club ( "BCYC) is routinely used for events for which it was never envisioned in the granting of the original permit. These events include non - member events ranging from weddings to board meetings for various organizations. It should be noted that BCYC has been in violation of its permits for a number of years and has abused its parking privilege by using parking on the city streets of El Paseo and Bayside. BCYC has really only had 86 parking spaces versus the original permit required 122. To compensate for the difference, it procured parking across the street garnering approximately 25 additional spaces, bringing its total available for peak use to 111. It has now lost this parking because of an economical dispute between BCYC and the parking lot owners. As a result of the loss of this parking, the severity of the infraction has been more significant and resulted in additional burden on the local community, creating congestion, pollution and increasing the risk to bicyclists and pedestrians, which increases the liability to the City of Newport Beach. However, since the violation has been noted, BCYC has only taken one minor step to address its parking violations — raising the bar on its gate. BCYC employees continue to use City of Newport Beach public streets to park their vehicles. During this violation period, it should be moving boats stored on parking spots, instituting valet parking and renegotiating for additional parking spaces off site. A good neighbor would be taking these actions to benefit the local community and reduce the liability and pollution to the residents of the City of Newport Beach. We, however, applaud the BCYC for beginning to address these issues and to realize that they have an impact on the local community for their activities. We also do not think that there should be draconian steps to reduce their activities given the positive contributions they make to the residents of the City of Newport Beach. However, we do think that their parking plan should QAH0A DocumentsVrvim Te ce\City of NB Amend 1437 07 -2 ".doe P.O. Box 19530 • Irvine, California 92713 a (949) 752 -2225 q0 Rosahnh M Ung, Associate Planner City of Newport Beads P.O. Box 1768, Newport Beach, California 92658 Request to Amend Use Permit 1437 July 28, 2004 Page 2 incorporate additional concepts to reduce the impact on the local community and to achieve a goal of 179 parking spaces. These concepts include: Requirement to Procure Additional Parking Spaces Across The Street. While I know this would put them at a negotiating disadvantage with the current owner, they acknowledge that their parking plan would only address only 90% of the events that they host at BCYC. The parking spaces across the street could add an additional 25 spaces. Thus, the parking across the street is needed to raise that percentage and reduce the impact on the environment. and local community. 2. Signs Posted At BCYC Regarding Parking On Bayside and El Paseo. BCYC should have signs that inform members that parking on El Paseo and Bayside is only permitted for "sanctioned" events for which it is known that they would exceed the 179 spaces from the existing parking lot (including the valet parking) and across the street. A fine system should be implemented for those members and employees that routinely avoid parking in the prescribed areas. 3. Signs Posted Along Bayside and El Paseo. BCYC should post signs along El Paseo and Bayside stating that parking along these streets for. BCYC events is only permitted if they exceed the 179 spaces as outlined in number 2 above. Lastly, the ITCA wants to point out that El Paseo was not designed for overflow parking for BCYC. The width of the road, the lack of bicycle lanes and the lack of pedestrian crosswalks have resulted in significant safety issues for our residents and local bicyclists (including many non- residents) that routinely use this route to go to Balboa Island. Moreover, the traffic congestion on the weekends cause air pollution and increase the noise level in the community. We think that the City of Newport Beach should consider putting a red curb along all of El Paseo, if the risks warrant it, after a study has been completed. We think the City of Newport Beach is taking significant liability risks under the current design of El Paseo. We appreciate your time and consideration on these very important matters. Sincerely yours, Raymo ennedy President . Board of Directors Irvine Terrace Community Association cc: Steve Bromberg, Councilman, City of Newport Beach Bill Rauth, Local Resident Q:\HOADocunier1s\IrvinoTenmwXCity of NB Amend 1437 07- 28.04.doc 0 July 26, 2004 City of Newport Beach Planning Commission Mr. Larry Tucker, Chairman 3300 Newport Boulevard Newport Beach, California 92663 Subject: Bahia Corinthian Yacht Club Dear Chairman Tucker and Members of the Planning Commission: RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 3 0 2004 AM 71819110111112111213141516 My name is Chelsea Dill and I am the Junior Commodore of BCYC. I am speaking for the junior members of our Club. I know that you are addressing the parking issues at our Club, and I am here to quickly give you some information for your evaluation. We have sailing events and practices throughout the year, every other weekend or so, with the exception of the 6 week summer program. The vast majority of our junior members are dropped off at our Club and do not drive. Parents are stopping, dropping off, or possible staying for 30 minutes to make sure that everything is OK with their child. There should be very little parking impact from this. Let me tell you about a few of our junior members whose lives have been positively influenced because of membership at BCYC - Four short examples: 1. Steve Skahen, BCYC member, age 18, grew up in the junior program and is now BCYC and Newport Harbor's appointee to the US Naval Accademy. 2. Ryan Mulvaian (age 18) .... Also grew up in the BCYC Junior Program and is Newport Harbor's appointee to the US Merchant Marine in New York. 3. Approximately six Juniors from BCYC have honored Newport Beach as Collegiate All Americans. 4'. Our Junior Board, with the help of our members and their guests have successfully raised over $250,000.00 over the last 4 years for Leukemia & Lymphoma research. Yes, one of the two dinner Auctions were very well attended, and there was parking on the street, but look at the end results. Thank you for your time. A sidenote... for us to do the above, we must have boats in our boatyard and the capacity to use them. Yours truly, Chelsea Dill BCYC Junior Commodore OWo� EXHIBIT 7 PROJECT PLANS c� �2 / 1 / l ) •\ k .! �(& § «!IL k\M- IL S! 4f d o!!ƒ )! U /)€ x q �� § �2 / 1 / l ) •\ k .! �(& § «!IL k\M- IL S! 4f d o!!ƒ )! U /)€ x q ��