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HomeMy WebLinkAboutBahia Corinthian Yacht Club (PA2004-002)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 August 19, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner rungno city.newport- beach.ca.us (949) 644 -3208 SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) Use Permit No. 2004 -001 1601 Bayside Drive APPLICANT: Bahia Corinthian Yacht Club Approve Use Permit No. 2004 -001, subject to the findings and conditions of approval within the attached Draft Resolution (Exhibit No. 1). BACKGROUND On August 5, 2004, the Planning Commission considered the Use Permit application submitted by Bahia Corinthian Yacht Club. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand and management study. After receiving the public testimony, the Planning Commission continued the application to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding the operating conditions. The more significant issues are as follows: 1. On -site and off -site parking including valet parking arrangements. 2. Implementation of parking study /parking management plan recommendations. 3. Potential relocation of employee parking spaces outside the gated dry boat storage area. 4. Time frame for the review of the Use Perrnit. 5. Defining what the use permit authorizes. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 2 DISCUSSION Concern No. 1 - On -site and off-site parking including valet parking arrangements The applicant has reached an agreement with the property owner of the office development across Bayside Drive for off - street parking. With this agreement, the applicant will have an additional 28 parking spaces for their use which will be available after 6:00 p.m. Monday through Friday and New Years Eve and all day on Saturdays, Sundays and Memorial Day, Labor Day, Thanksgiving and Christmas. The term of the agreement is for two years with options to extend the agreement. The applicant proposes to self -park both lots prior to providing the valet parking on -site when the parking demand is anticipated to exceed self- parking supply. During weekdays, parking supply will be 129 vehicles or 150 with valet service during the day. Staff used the vehicle occupancy projections of 1 or 2 persons per vehicle and 2003/2004 cover counts from the applicant's parking demand study to arrive at the percentage of events accommodated and the number of events not accommodated: Parking Events Accommodated # of events not Events Accommodated # of events not Supply Meeting occupancy accommodated Social occupancy accommodated 150 1 person per vehicle 55 2 persons per vehicle 5 129 96% 10 (approx.) 99.2% 2 150 97.6% 6 99.2% 2 Using the worst case vehicle occupancy projection, valet parking would be expected to be necessary approximately 10 times during the year. Weekday evening and weekend parking supply will be higher with off -site parking and nearly all events can be accommodated. Parking Supply Events Accommodated Meeting occupancy 1 n rvehide # of events not accommodated Events Accommodated Social occupancy 2 persons per vehicle # of events n accommodated 129 67.5% 82 93.7% 16 150 78.2% 55 98% 5 178 97.6% 6 100% 0 Valet service would be necessary when the number of vehicles exceeds the on and off - site self park supply of 157 spaces. Using the worst case vehicle occupancy projections, valet service might be expected to be necessary approximately 40 times during the year. Evenings and especially weekends are more likely to be social events and using the higher persons per vehicle occupancy rate, valet service will not be necessary with the increased off -site supply. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 3 If off -site parking is not available, the use of valet service would increase to approximately 82 times during the year using the 1 person per vehicle occupancy ratio and approximately 16 times during the year using the higher vehicle occupancy ratio. The applicant does not want to have off -site parking mandated as it would lock them into a specific number of spaces and not allow fluctuation if a different lot is secured. Additionally, it would put the applicant at a competitive disadvantage to continuing the current off -site parking agreement. The increased supply is of great benefit and convenience to the applicant and will reduce the need for valet service considerably. The parking analysis shows that a significant percentage of events can be accommodated by on -site supply with valet service should off - street parking on a separate lot become unavailable in the future. The off -site parking supply will assist the club in addressing those non - typical events such as annual City -wide events like the Ensenada Race, 0 of July and the Christmas Boat Parades, etc. Even without off -site parking, these events are not normal operating conditions and are limited in number and heavy use of street parking is expected. Condition 7.b has been drafted to address a variety of operational situations. In essence, valet service will be required when it is necessary and not required when it is unnecessary. Staff is not recommending that the additional off -site parking supply be mandated at this time. Staff would like the club to implement the parking management plan and see well it functions before mandating the additional off -site supply. Lastly, the applicant also requests the flexibility to shift employee parking off -site when desired. Staff has no objection with this provided it does not reduce available parking for the facility when it is needed. In those instances, the spaces marked for employees will be used for employees or for valet service. Concern No. 2 - Implementation of parking study /parking management plan Condition No. 7.a of the draft resolution requires the applicant to implement the measures identified in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. The final plan is conditioned to be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of the Use Permit. Concern No. 3 - Potential relocation of employee parking spaces outside the gated dry boat storage area The applicant has explored many different site plan configurations in an attempt to provide employee /valet parking outside the gated dry storage area. The applicant has indicated that further reduction of the dry boat storage area is not feasible. Bahia Corinthian Yacht Club (PA2004 -002) August 5, 2004 Page 4 Concern No. 4 - Appropriate time frame for the review of Use Permit Condition No. 11 of the draft resolution requires the Use Permit to be reviewed by the Planning Commission no later than September 30, 2005. This time line would allow the applicant the opportunity to implement all measures identified in the parking management plan, operate the facility through the "peak" summer months with new conditions, and establish a steady record of their parking operation for the Commission to review. Concern No. 5 — Defining what the use permit authorizes During the public testimony of the August 5t' meeting, the applicant stated that the club has been and is currently operating as a private yacht club and that it is not open to the general public. In order for the yacht club to maintain the same operational characteristic, Condition No. 3 of the draft resolution has been drafted to recognize the existing operations of the facility as a private yacht club. The identification of normal activities is included from the 1969 condition to maintain the current entitlements and intensity limits. CONCLUSION It is staffs belief that the conditions contained in the draft resolution for approval should alleviate the parking issues associated with the operation of the facility and the variety of issues raised during the review of the application. Prepared by: osR alinh U1ig, As .ociate Planner Exhibits: Submitted by: Patricia L. Temple, PI nning Director 1. Revised Draft Resolution No. 2004 -_; findings of 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. WHEREAS, an application was filed by Bahia Corinthian Yacht Club on January 7, 2004, with respect to property located at 1601 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 93 -115, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking from 122 to 95 spaces and to increase the dry boat storage capacity from 100 to 200 boats and modify the site plan accordingly. The request requires consideration of a parking waiver per Section 20.66. 100 of the Municipal Code since the site does not provide the minimum code required parking of 166 spaces per Section 20.66.030 of the Municipal Code. WHEREAS, at the June 17, 2004 meeting, the Planning Commission received public comments and continued the application to July 22, 2004, as requested by the applicant. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. The Commission also directed the applicant to cease the operation of the controlled gate at the main entry during business hours and discontinue the use of the reserved parking spaces. WHEREAS, on July 19, 2004, the applicant submitted a revision to the previous submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study. The applicant proposed to provide a total of 129 on -site parking spaces and to maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to August 5, 2004 meeting to allow additional time for review of the new material. WHEREAS, on August 5, 2004, the Planning Commission reviewed the augmented application, received public testimony and continued the hearing to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding possible operating conditions. City of Newport Beach Revised Planning Commission Resolution No. Page 2 of 7 WHEREAS, a public hearing was held on August 19, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Environmental Open Space by the General Plan Land Use Element and zoned OS -A (Open Space- Active). Yacht clubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the revised application to amend Use Permit No. 1437, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The proposed increase in on -site parking by reducing the size of the dry boat storage area will increase the supply to 129 spaces which is above the number required by Use Permit No. 1437. With the implementation of valet parking, on -site parking can be increased to 150 spaces. 2. A parking study /parking management plan dated July 29, 2004, has been prepared by The Mobility Group ( "The Parking Study /Parking Management Plan ") and reviewed by the Planning Commission. The Parking Study /Parking Management Plan provides the framework for a final parking management and valet operational plan that after review and approval by the Traffic Engineer and Planning Department will more effectively utilize on -site and potentially off - street parking on separate lots. The applicant is required to implement the measures included in the final parking management & valet operational plan approved by the Traffic Engineer and Planning Department. 3. The removal of the unauthorized vehicular access control arm will eliminate potential hazards when vehicles attempting to access the site to park partially block or impede vehicle travel within Bayside Drive. Eliminating reserved parking for club members will effectively increase on -site parking and reduce street parking. 4. The applicant is required to manage the occupancy at the site through scheduling of all activities such that the total parking demand does not routinely exceed available off - street parking supply. 5. The application will be reviewed by the Planning Commission at a noticed meeting no later than September 30, 2005, to ensure that adequate operation and coordination of the events and activities has occurred such that parking and vehicle access issues have been reduced or eliminated. City of Newport Beach Revised Planning Commission Resolution No. Page 3 of 7 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the above findings, the Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 1437, to be renumbered as Use Permit No. 2004 -001, to authorize the continued operation of a yacht club subject to the amended Conditions of Approval set forth in Exhibit "K. 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 19`" DAY OF AUGUST 2004. F-W M Larry Tucker, Chairman Jeffrey Cole, Secretary AYES: NOES: ABSENT: City of Newport Beach Revised 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. The approved plot plan shall be implemented and completed within sixty (60) days from the date of the Planning Commission approval provided, however, that the construction of the new access to the parking lot and the two adjacent parking spaces shall be implemented and completed by no later than January 15, 2005. The 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. 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. A total 129 parking spaces shall be made available of which 10 spaces shall be provided for employees or valet within the dry boat storage area. Twenty-one (21) additional on -site spaces for valet service shall be made available in accordance with the final approved parking management & valet operational plan when necessary. 3. All activities shall be those of a yacht club for the members, guests, and invitees. Normal usage will include but not be limited to dining and dancing as well as meetings and sailing classes. The facility shall be operated as a private yacht club and shall not be open to the general public. Any changes in operational characteristics of the yacht club shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. The operator of the yacht club shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the provisions of Chapter 10.26 of the Municipal Code. The maximum noise shall be City of Newport Beach Revised Planning Commission Resolution No. Page 5 of 7 limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management & valet operations plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that the total number of off - street parking (without the use of valet service) falls below 150 spaces and parking demand is anticipated to exceed 150 cars, the applicantloperator shall provide on -site valet parking services in accordance with the final valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee or valet parking when anticipated demand exceeds available off - street supply. Valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations shall not use the public right -of -way or any off -site location for pick -up /drop -off or valet parking of vehicles. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. d. The applicant/operator shall require all employees to park off the street at all times. e. All employees shall be provided with a card - reader or access code to open the access gate at the dry boat storage area. Between the hours of Between the hours of 7:OOAM and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA ro ert Mixed Use Property 145dBA 60dBA I 45d13A 50dBA Commercial Property I N/A 65dBA I N/A 60dBA 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management & valet operations plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that the total number of off - street parking (without the use of valet service) falls below 150 spaces and parking demand is anticipated to exceed 150 cars, the applicantloperator shall provide on -site valet parking services in accordance with the final valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee or valet parking when anticipated demand exceeds available off - street supply. Valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations shall not use the public right -of -way or any off -site location for pick -up /drop -off or valet parking of vehicles. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. d. The applicant/operator shall require all employees to park off the street at all times. e. All employees shall be provided with a card - reader or access code to open the access gate at the dry boat storage area. City of Newport Beach Revised Planning Commission Resolution No. Page 6 of 7 f. The parking lot shall have prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area shall be reviewed and approved by the City Traffic Engineer. g. The applicantloperator shall not allow vehicles to queue onto Bayside Drive. f. The dry boat storage area shall remain open at all times if in use by valet operations. 8. Dry boat storage including the incidental maintenance of watercraft is permitted within existing buildings and the dry boat storage area as shown on the approved plot plan. Dry boat storage in areas outside the designated area is permitted provided it is not within any portion of the parking facility or landscape areas. Additionally, exterior dry boat storage shall not impede access to any portion of the site by Fire Department personnel. Dry boat storage is limited to club members or club sponsored activities and boat storage or boat maintenance activities shall not be made available to the general public. 9. The yacht club shall manage all normal activities occurring at the site such that the expected total parking demand does not exceed available off -street parking supply. The applicant/operator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off -site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 10. The applicant/operator shall implement the following measures: a. An employee education program shall be prepared and implemented that includes appropriate parking locations and procedures. b. Written communications shall be prepared and sent to each member of the club detailing the parking policies of the facility as identified in the final parking managementtvalet operational plan and this Use Permit. This or similar communication shall thereafter be sent to each member once a year. Changes in parking supplies or parking policies will require advance notification of club members. C. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. d. All professional (outside vendors) boat maintenance activities not associated with an emergency shall be allowed to park on -site and shall be limited to the hours between 8:00 a.m. to 5:00 p.m. daily. City of Newport Beach Revised Planning Commission Resolution No. Page 7 of 7 11. The Use Permit shall be reviewed by the Planning Commission no later than September 30, 2005. The City reserves the right to modify this Permit and /or schedule future reviews should it be warranted. 12. All delivery trucks shall be required to service the yacht club from on -site and shall be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that on -site access and parking will not be significantly restricted. No deliveries shall be permitted between 10:00 p.m. and 6:00 am. 13. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (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. 14. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 15. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area 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. 16. Fire Department connections for the dock fire protection system shall be provided at Bayside Drive in accordance with the Fire Department requirements, unless waived by the Fire Chief.