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HomeMy WebLinkAbout4.0 - Newport Harbor Yacht Club - PA2012-091CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 23, 2014 Meeting Agenda Item 4 SUBJECT: Newport Harbor Yacht Club - PA2012 -091 SITE 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay LOCATION: Avenue, and 710 -720 West Balboa Boulevard • General Plan Amendment No. GP2012 -003 • Coastal Land Use Plan Amendment No. LC2012 -003 • Zoning Code Amendment No. CA 2012 -006 • Minor Use Permit No. UP2012 -016 • Planned Development Permit No. PL2012 -002 APPLICANT: Newport Harbor Yacht Club PLANNER: Fern Nueno, Associate Planner (949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of the 19,234- square -foot yacht club facility and construction of a 23,163- square -foot facility. In order to implement the project, a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit are needed to authorize the yacht club use, square footage increase, additional height, parking, and land use designations for certain properties currently being used for boat storage and parking. The project was reviewed as a Planning Commission Study Session item on December 19, 2013. Should the project be approved, the Planning Commission recommendation will be forwarded to the City Council for the final review and action. RECOMMENDED ACTION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ (Attachment No. PC 1) recommending City Council approval of: • General Plan Amendment No. GP2012 -003, • Coastal Land Use Plan Amendment No. LC2012 -003, • Zoning Code Amendment No. CA 2012 -006, • Minor Use Permit No. UP2012 -016, and • Planned Development Permit No. PL2012 -002. Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 2 VICINITY MAP i w ZONING r i Subject J:� Properties Private Institutions (PI), Single -Unit d tp'' /I •1 R AF99ii• � tY i Y41 w,y�` ON -SITE -�a/�� q/ Unit Residential (R -1), and Two- Art ra o . Unit Residential (R -2) GENERAL PLAN ZONING Boat Storage Boat Storage Primary Lot Primary Lot dwellin s Parking Lot . e_ Parking Lot Single -Unit Residential (R -1) Single- and two -unit (RS -D) and Two -Unit Residential (RT) LOCATION GENERAL PLAN ZONING CURRENT USE Private Institutions (PI), Single -Unit Private Institutions (PI), Single - ON -SITE Residential Detached (RS -D)' and Unit Residential (R -1), and Two- Yacht club Two -Unit Residential (RT) Unit Residential (R -2) SOUTH Single -Unit Residential Detached Single -Unit Residential (R -1) Single -unit residential RS -D dwellin s EAST Single -Unit Residential Detached Single -Unit Residential (R -1) Single- and two -unit (RS -D) and Two -Unit Residential (RT) and Two -Unit Residential R -2 residential dwellings WEST Single -Unit Residential Detached Single -Unit Residential (R -1) Single- and two -unit (RS -D) and Two -Unit Residential (RT) and Two -Unit Residential R -2 residential dwellin s Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 3 Project Setting The Newport Harbor Yacht Club ( "NHYC") facility includes three separate areas /lots in close proximity. The subject properties are located on the Balboa Peninsula on West Bay Avenue at 8th Street. The primary lot, located at 720 West Bay Avenue, is 73,859 square feet in area and includes a 19,234- square -foot yacht club facility, boat storage area, private beach, submerged area, and boat launch and dock area. Across the alley to the west is a 5,705- square -foot lot used for boat storage. Across West Bay Avenue from the primary lot is the surface parking area containing 114 parking spaces, which is made up of 16 lots totaling 39,994 square feet in area. The NHYC was established in Balboa in 1916 and moved to the existing facility in 1919. NHYC has approximately 900 adult members who are able to use the site as a base for any number of yachting and water- oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club - sponsored special events. The NHYC hosts a number of sailing regattas /races year - round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and attendance, including dinner parties, birthday and anniversary celebrations, and weddings. Project Description The applicant proposes to demolish the existing 19,234- square -foot, 2 -story yacht club facility and construct a 23,163- square -foot, 2 -story facility. The detached accessory structures would remain, including a restroom, dockmaster office, and storage shed, which total 1,265 square feet in area. The total floor area for all buildings would be 24,428 square feet. The design of the proposed building is similar to the existing building in style and color. The primary materials would consist of white vertical and horizontal siding with asphalt roofing. The applicant proposes to rebuild the yacht club facility because the existing 101 - year -old structure is aging, has maintenance issues, and there are ongoing challenges with flooding from high tides. In order to implement the project, the applicant requests the following: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 4 • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. Background Planning Commission Study Session On December 19, 2013, the Planning Commission conducted a Study Session to review and discuss the proposed project. The draft meeting minutes summarizing the discussion are provided as Attachment No. PC 3. Discussion included the details of the application, descriptions of each request, club operations, increase of assembly area versus gross floor area, and the architecture and design of the proposed facility. One member of the public commented on the parking issues in the area relating to employees and boat workers parking in the neighborhood. Members of the Planning Commission spoke positively about the proposed project and had no further concerns to address for the future public hearing, other than the parking management plan. This report summarizes the information from the Study Session and December 19, 2013, staff report (Attachment No. PC 4), which included an in -depth analysis of the proposed project. Additionally, the discussion below includes pertinent information relating to the required findings for approval. Analysis Parking Management Plan At the Study Session, employee and boat worker parking was discussed. All NHYC employees would be required by the Parking Management Plan (Attachment No. PC 5) to park in the yacht club parking lot. The applicant prepared additional parking information provided as Attachment No. PC 6. Additional language was added to the Parking Management Plan to require employees and boat workers to park in the lot. Additionally, a requirement was modified to clarify that attendance for special events shall be regulated by the City's Special Event Permit process. The applicant has stated that Opening Day is currently the only event which exceeds 225 people. • Employees and people working on boats at the NHYC facility are required to park in the NHYC parking lot. Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 5 • Attendance for special events shall be limited to a maximum of 225 people, unless otherwise approved through a Special Event Permit. General Plan, Coastal Land Use Plan, and Zoning Code Land Use Changes The applicant proposes to amend the General Plan, Coastal Land Use Plan, and Zoning Code designations for residential properties to Private Institutions as shown in Table 1. Table 1 — Land Use Designation Changes Development Limit Increase The applicant requests a General Plan Amendment and Zoning Code Amendment to increase the development limit from 20,000 to 25,000 square feet of gross floor area. The amendments would allow for the proposed 24,428- square -foot facility with additional entitlement, which could accommodate future remodels. Charter Section 423 (Measure S) Analysis Additional information regarding this analysis is on page 5 of the December 19th staff report. The proposed amendment does not require a vote pursuant to Charter Section 423. Table 2 summarizes the threshold totals for the prior amendment and proposed project. A more detailed analysis is attached (Attachment No. PC 7). Existing Proposed Existing Proposed Existing Proposed Address General General Coastal Coastal Zoning Zoning Plan Plan 800 West Single -Unit Private Single Unit Private Single -Unit Private Bay Ave. Residential Institutions Residential Institutions Residential Institutions (Boat Detached (PI) Detached (PI -A) (R -1) (PI) Storage) RS -D RSD -B 711 -717 West Bay Two -Unit Private Two Unit Private Two -Unit Private Ave. Residential Institutions Residential Institutions Residential Institutions Parkin (RT) (PI) (RT -E) (PI -A) (R -2) (PI) 706 -708 Single -Unit Single Unit West Residential Private Residential Private Single -Unit Private Balboa Detached Institutions Detached Institutions Residential Institutions Blvd. CRS -D) (PI) (RSD -B) (PI -A) (R -1) (PI) —(Parking) Development Limit Increase The applicant requests a General Plan Amendment and Zoning Code Amendment to increase the development limit from 20,000 to 25,000 square feet of gross floor area. The amendments would allow for the proposed 24,428- square -foot facility with additional entitlement, which could accommodate future remodels. Charter Section 423 (Measure S) Analysis Additional information regarding this analysis is on page 5 of the December 19th staff report. The proposed amendment does not require a vote pursuant to Charter Section 423. Table 2 summarizes the threshold totals for the prior amendment and proposed project. A more detailed analysis is attached (Attachment No. PC 7). Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 6 Table 2 - Charter Section 423 Analysis Summary Statistical Area D2 SB18 Tribal Consultation Guidelines In compliance with Section 65352.3 of the California Government Code, staff contacted the appropriate tribes identified by the Native American Heritage Commission and did not receive any responses. Coastal Land Use Plan Policies The subject property is located in the coastal zone and therefore, the proposed project is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan ( "CLUP "). The proposed project is consistent with pertinent CLUP policies regarding parking, coastal access, and public views as discussed at the Study Session and within the December 19th staff report beginning on page 6. Minor Use Permit Yacht Club Use Section 20.26.020 requires a Minor Use Permit for assembly uses in the PI Zoning District, including the proposed yacht club. Required Findings Pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Zoning Code, the Planning Commission must make the following findings in order to approve a Conditional Use Permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Increase in Increased Floor A.M. Peak P.M. Peak Allowed Area Hour Trips Hour Trips Dwelling Units Prior Amendments 10,090 sf 27.52 36.96 0 80% Proposed Amendment 5,000 sf 1.73 0.15 -11 Total 15,090 sf 29.25 37.11 -11 SB18 Tribal Consultation Guidelines In compliance with Section 65352.3 of the California Government Code, staff contacted the appropriate tribes identified by the Native American Heritage Commission and did not receive any responses. Coastal Land Use Plan Policies The subject property is located in the coastal zone and therefore, the proposed project is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan ( "CLUP "). The proposed project is consistent with pertinent CLUP policies regarding parking, coastal access, and public views as discussed at the Study Session and within the December 19th staff report beginning on page 6. Minor Use Permit Yacht Club Use Section 20.26.020 requires a Minor Use Permit for assembly uses in the PI Zoning District, including the proposed yacht club. Required Findings Pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Zoning Code, the Planning Commission must make the following findings in order to approve a Conditional Use Permit: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 7 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist to support the Minor Use Permit request for the yacht club use, as demonstrated in the draft Resolution (Attachment No. PC 1). The use is specifically identified in the PI General Plan land use designation, and is allowed subject to the approval of a Minor Use Permit within the PI Zoning District. The application includes a Planned Development Permit to address the design, height, and parking for the proposed project, pursuant to Section 20.52.060 and Section 20.30.050 of the Zoning Code. The yacht club use has existed at this location for approximately 100 years and staff believes that the use has been compatible with the surrounding residential uses and has proven to be an asset to the community. The proposed design is compatible with the allowed residential uses in the area. The facility is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing, and would be located in the same area on the subject property as the existing building. The operational characteristics are not intended to change as a result of the proposed project, including membership levels, events, and hours of operation. The hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Condition of Approval No. 13 within the draft resolution provides some flexibility for the hours in case the NHYC needs to slightly modify the hours in the future. The lot is of sufficient size for the existing and proposed buildings, boat storage and launch areas, and open space provided on the lot. The boat storage and parking lots would not be changed as part of the proposed application and have functioned satisfactorily for several years. The subject properties abut public rights -of -way on at least one side, are generally rectangular in shape, and do not contain significant grade changes. The yacht club facility would have several points of ingress and egress, multiple staircases, and would provide sufficient access for emergency services. West Bay Avenue, the nearby alleys, and 8th Street provide access for the provision of public and emergency vehicle access and public services. Existing utilities are in place to accommodate the proposed project. Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 8 Planned Development Permit for the Project Design This Planned Development Permit addresses the overall design of the proposed project, including the applicant's request for increased building height and an adjustment to the off - street parking requirements. Required Findings Pursuant to Section 20.52.060 (Planned Development Permits) of the Zoning Code, the Planning Commission must make the following findings in order to approve a Planned Development Permit: 1. The proposed development would: a. Include only uses allowed within the base zoning district; b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. 2. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations; 3. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; 4. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses; 5. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and /or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc.; and 6. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 9 Staff believes sufficient facts exist to support the Planned Development Permit request, as demonstrated in the draft Resolution (Attachment No. PC 1). The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan and Zoning Code. The Minor Use Permit and Planned Development Permit ensure project compatibility with the neighborhood through restrictions on hours of operation, parking, and special events. The property is 73,859 square feet in area, which is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and the open space provided on the lot. The boat storage and parking lots are not proposed to be changed and have functioned satisfactorily for several years. Conditions of approval regarding parking and operational characteristics will help ensure compatibility with the neighborhood is maintained. The applicant has indicated that club operations will not significantly change as a result of the proposed project. Pursuant to Section 20.30.060 (Height Limits and Exceptions), the Planning Commission must make the following findings in order to approve a Planned Development Permit to increase the allowed height: 1. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: a. Additional landscaped open space; b. Increased setback and open areas; c. Enhancement and protection of public views, 2. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; 3. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties; and 4. The structure will have no more floor area than could have been achieved without the approval of the height increase. Staff believes sufficient facts exist to support the Planned Development Permit request for the additional height, as demonstrated in the draft Resolution (Attachment No. PC 1). The proposed 2 -story building would be located on approximately the same footprint as the existing building. The architectural design of the project provides visual interest Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 10 through the use of light and shadow, vertical elements, and varied roof planes. The materials include vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails. The proposed design includes varied roof planes, window treatments, bay windows, varied wall planes and other building modulations, dormers, and trellis and patio covers. The second floor is set back from the first floor and all four elevations include architectural treatments. The increased height would not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent residences due to the large distance between the proposed NHYC building and the residences in the vicinity. The development limit is established by the General Plan and the increase in height does not result in additional floor area. Summary The applicant proposes to replace the aging yacht club facility with a 2 -story, 24,428 - square -foot building, within the same footprint and with a similar architectural style. The applicant has indicated that the operational characteristics including hours of operation, membership, special events, and number of employees, are not intended to change as a result of this project. The Planning Commission reviewed the project at its December 19th Study Session and expressed positive views on the proposed project. Alternatives The Planning Commission has the option to recommend approval of a revised project based on the required findings for approval. This recommendation would be forwarded to the City Council for review and action. The Planning Commission has the option to deny the amendments should the Commission find them to be detrimental. The Planning Commission also has the option to deny the request for a Minor Use Permit or Planned Development Permit if any of the required findings cannot be made (a draft Resolution for denial is provided as Attachment No. PC 2). Should the project be denied, the City Council would not review the applications unless the project was appealed in accordance with Chapter 20.64 (Appeals). Environmental Review Staff recommends that the Planning Commission find that the project is categorically exempt under Section 15302, of the CEQA Guidelines - Class 2 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a minor increase in floor Newport Harbor Yacht Club (PA2012 -091) January 23, 2013 Page 11 area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Public Notice Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject properties at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website Prepared by: Qtlf/� F r N eno, Associate Planner Submitted by: r n la Wisnesi i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution — Approve PC 2 Draft Resolution — Deny PC 3 Draft Minutes from December 19, 2013 PC 4 Staff Report from December 19, 2013 PC 5 Parking Management Plan PC 6 Parking Information PC 7 Charter Section 423 Analysis January 23, 2014 Attachment No. PC 1 Draft Resolution — Approve RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012- 003, COASTAL LAND USE PLAN AMENDMENT NO. LC2012- 003, ZONING CODE AMENDMENT NO. CA2012 -006, MINOR USE PERMIT NO. UP2012 -016, AND PLANNED DEVELOPMENT PERMIT NO. PL2012 -002 FOR A REPLACEMENT YACHT CLUB FACILITY LOCATED AT 720 WEST BAY AVENUE (PA2012 -091) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Code Amendment, Minor Use Permit, and Planned Development Permit. 2. The proposed project consists of the demolition of the approximately 19,234- square- foot yacht club facility and construction of a 23,163- square -foot facility. In order to implement the project, the applicant requests the following: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. 3. The Newport Harbor Yacht Club ( "NHYC ") hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. The NHYC has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and Planning Commission Resolution No. Page 2 of 19 attendance, including dinner parties, birthday and anniversary celebrations, and weddings. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 4. The subject properties are located within the Private Institutions (PI), Single -Unit Residential (R -1), and Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element categories are Private Institutions (PI), Single -Unit Residential Detached (RS -D), and Two -Unit Residential (RT). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan categories are Private Institutions (PI -A), Single Unit Residential Detached (RSD -B), and Two Unit Residential (RT -E). The requested change of the Coastal Land Use Plan designation for certain properties from RS -B and RT -E to PI -A will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 6. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor area; or, adds more than 100 dwelling units in a statistical area. This is the second General Plan Amendment that affects Statistical Area D2 since the General Plan update in 2006. The amendment results in no increase in the number of dwelling units and 5,000 additional square feet of nonresidential floor area. The additional floor area results in an increase of 1.73 AM peak hour trips and an increase of 0.15 PM peak hour trips based on the General Plan Public, Semi - Public and Institutional trip rate reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 7. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on August 23, 2012. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on November 21, 2012, and no requests for consultation were received. 8. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 9. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Planning Commission Resolution No. Paqe 3 of 19 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 2 (Replacement and Reconstruction). 2. Class 2 exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Zoning Code Amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The proposed amendments will provide consistency with the existing and anticipated use of the subject properties for continued yacht club, parking, and boat storage use. 4. The use and future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the Private Institutions (PI) Zoning District of the Newport Beach Municipal Code. 5. The increased development limit will allow a more efficient yacht club facility with modern features built to current code requirements, without increasing noise or traffic in the vicinity. The operational characteristics should not change as a result of the increased floor area, including the number of employees, members, and special events. 6. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), Section 20.52.060 (Planned Development Permits), and Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 4of19 Minor Use Permit Findings Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. 2. The proposed project includes a General Plan Amendment to change the land use designation to PI for portions of the project site that are used for boat storage and parking. The properties are being used for yacht club use, so the amendment will bring consistency to the project site and ensure efficient review for future projects. 3. The proposed project includes amending the General Plan to increase the development limit from 20,000 square feet to 25,000 square feet for the project site. The proposed 24,428- square -foot yacht club facility is consistent with this development limit. 4. The proposed project is consistent with the Historical Resources Element of the General Plan. The yacht club facility is not listed on any national, state, or City registry, including the properties designated in the General Plan. The NHYC is included on a City Historic Resource Inventory developed in 1992 by an Ad Hoc Historic Preservation Advisory Committee. The inventory was never officially adopted by the City, and the structures were never placed on the City Register, but the inventory still serves as a useful guide to potentially historic properties that may have historic or cultural significance to the City. The City retained Chambers Group for the preparation of a historical resource report to determine if the existing yacht club has any historical significance and if it is a historical resource pursuant to the CEQA. The investigation revealed that the NHYC and its associated built environment features have undergone extensive nonhistoric - period alterations that have significantly undermined any potential historic integrity of the subject property. As a result of these significant alterations and loss of integrity, the project area does not appear to meet the criteria of eligibility for inclusion in the California Register of Historical Resources ( "CRHR ") either as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project is not expected to directly or indirectly impact or cause a substantial adverse change to any CRHR - eligible properties or historical resources for purposes of the CEQA. 5. The subject property is not located within a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Planning Commission Resolution No. Paqe 5 of 19 Facts in Support of Finding: 1. The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. Yacht clubs (assembly uses) are allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through conditions of approval that address hours of operation, parking, and special events. 2. The proposed project includes a Zoning Code Amendment to change the zoning designation to Private Institutions for portions of the project site that are used for boat storage and parking. The amendment will bring consistency to the project site and ensure efficient review for future projects. 3. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) of the Zoning Code regarding the adjustment to the off - street parking requirement in conjunction with the Parking Management Plan because the proposed project will not increase the parking demand. The applicant provided a parking study conducted by Pirzadeh Associates that demonstrated the 123 -space parking lot is sufficient for the day -to -day needs of the yacht club and that parking can be adequately managed for special events. 4. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) and Section 20.30.050 (Height Limits and Exceptions) of the Zoning Code regarding the height of the proposed yacht club facility. The project site is located within the nonresidential, shoreline height limit area, which limits the height of structures to 26 feet for a flat roof and 31 feet for a sloped roof. With approval of the Planned Development Permit, the height can be increased to 35 feet for structures with a flat roof and 40 feet for structures with a sloped roof. The proposed project includes a flat roof /parapet that is 26 feet 6 inches in height, a sloped roof at 31 feet 6 inches, and a sloped roof at 36 feet 3 inches. The increased height will not result in undesirable or abrupt scale changes as the design of the structure provides adequate setbacks from the property lines and variation in the roofline. Furthermore, the nearby residential uses are not located in close proximity to the proposed structure. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Planning Commission Resolution No. Paqe 6 of 19 Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The yacht club is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The proposed design is compatible with the allowed residential uses in the area. 3. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 4. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is to maintain membership at approximately 900 members. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. Finding: D. The site is physically suitable in sterms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The boat storage and parking lots will not be changed and have functioned satisfactorily for several years. 2. The subject properties abut public rights -of -way on at least one side, are generally rectangular in shape, and do not contain significant grade changes. 3. The yacht club facility would have several points of ingress and egress, multiple staircases, and would provide sufficient walkways for emergency services. West Bay Avenue, the nearby alleys, and 8th Street provide access for the provision of public and Planning Commission Resolution No. Pace 7 of 19 emergency vehicle access and public services. The existing utilities will continue to accommodate the proposed project. 4. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The yacht club and ancillary uses are compatible with the residential uses in the vicinity. The use has been in existence at this location for almost 100 years and has not proven detrimental thus far. 2. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on public coastal views. 3. The proposed changes to the parking requirements will not be detrimental, as sufficient parking is located in the existing lot and will be properly managed through the approved Parking Management Plan. 4. The elevation of the slab is being increased above code requirements to assure long -term flood protection. Additionally, the seawall is proposed to be reinforced and raised. Planned Development Permit Findings Finding: F. The proposed development would: a. Include only uses allowed within the base zoning district; b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. Planning Commission Resolution No. Pace 8 of 19 Facts in Support of Findinq: 1. The proposed development meets the intent of the General Plan. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. 2. The subject property is not located within a specific plan area. 3. The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately -owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The proposed yacht club use is allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through restrictions on hours of operation, parking, and special events. Other yacht clubs in the City are located within the PI Zoning District. 4. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. Finding: G. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: 1. By allowing the existing parking to remain, the functionality of the site can remain. Having the entirety of the off - street parking in one location with boat storage and the yacht club facility across West Bay Avenue is a higher quality design then what would be possible under the standard parking regulations. 2. The additional height of the building results in a higher quality of design by keeping the building located within the same footprint and allowing a larger second floor than exists currently, and providing large setbacks to the side property lines. The increase in height allows for excellence of design through the use of light and shadow, and varied roof planes. 3. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is low compared with other lots located within the Private Institutions Zoning District and other nonresidential districts. Planning Commission Resolution No. Paqe 9 of 19 Finding: H. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. Facts in Support of Finding: 1. The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The 5,705- square -foot lot used for boat storage and 39,994- square -foot parking lot will not be changed as part of the proposed application and have functioned satisfactorily for several years. Finding: 1. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district with residential uses located nearby. The yacht club use has existed at this location for almost 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The conditions of approval include a requirement for a Parking Management Plan to ensure that the proposed project does not have any negative effects on the neighborhood regarding parking and traffic. The conditions further limit the hours of operation to ensure the yacht club use does not produce any noise issues during late hours. Furthermore, the project includes landscaping along West Bay Avenue. Finding: J. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and /or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. Facts in Support of Findinq: 1. The design of the proposed project includes high quality materials, landscaping, open areas, and walls to screen the boat storage areas. The view from the harbor includes open deck areas, numerous windows, and visually open guardrails, which enhances the view from the water. Planning Commission Resolution No. Paqe 10 of 19 2. The existing beach area will remain and several outdoor dining and seating areas are proposed. 3. The Newport Harbor Yacht Club is one of several located on the Harbor /Bay. Findinq: K. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: 1. The yacht club facility is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The nautical architectural theme is compatible with the building's bayfront location and allowed residential uses in the area. 2. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 3. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is not to increase membership beyond current levels of approximately 900 members. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. 4. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. Planned Development Permit Height Findings Finding: L. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: a. Additional landscaped open space; Planning Commission Resolution No. Paqe 11 of 19 b. Increased setback and open areas; c. Enhancement and protection of public views; Facts in Support of Finding: 1. The proposed project includes additional landscaping located along West Bay Front of the building along the public sidewalk. 2. The proposed structure is generally located within the same footprint of the existing structure, allowing the remaining areas of the project site to remain open. The primary lot with the proposed building is 500 feet in width and the building is setback approximately 210 feet from the eastern side property line and 140 feet from the western side property line. The building is proposed to be a minimum of 4 feet from the front property line. The required 10 -foot bulkhead setback is provided, and the building will be located a minimum of 15 feet from the rear property line. 3. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. , Finding: M. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding: 1. The proposed design includes varied roof planes, window treatments, bay windows, varied wall planes and other building modulations, dormers, and trellis and patio covers. The second floor is setback from the first floor and all four elevations include architectural treatments. Finding: N. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: 1. The increased height would not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent residences due to the large distance between the proposed building and the residences in the vicinity. The proposed building would be located in the middle of the 500 - foot -wide lot. The sides of the building would step down to Planning Commission Resolution No. Paqe 12 of 19 single -story edges as a transition providing compatibility of scale and architectural character to the surrounding residential neighborhood. Finding: O. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The Planned Development Permit does not increase the allowed floor area for the project site. The development limit is established by the General Plan. The proposed structure is generally located within the same footprint of the existing structure. The existing and proposed structures are two stories, and the additional height for the proposed structure does not allow for additional floor area beyond that required by the requested amendments. 2. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is significantly lower than several other lots located within the Private Institutions Zoning District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, and Code Amendment No. CA2012 -006, as shown on Exhibit A, which is attached hereto and incorporated by reference. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002, subject to the conditions set forth in Exhibit B, which is attached hereto and incorporated by reference. 3. Any Use Permit or Variance for parking or boat storage use on property located within a residential zoning district shall become null and void upon vesting of the rights authorized by Code Amendment No. CA2012 -006. Planning Commission Resolution No. Paqe 13 of 19 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman M Kory Kramer, Secretary tiAYA�E W I GP2012 -003 (PA2012 -091) General Plan Amendment Newport Harbor Yacht Club Document Name: PA2012 -091 Reso Exhibit GP Page 1 0 0 75 150 Feet e N OCEAN FRONT W 0 75 150 LC2013 -003 (PA2012 -091) Feet Coastal Land Use Plan Amendment e Newport Harbor Yacht Club Document Name: PA2012 -091 Reso Exhibit LC Page 2 Ne r� CI OCEAN FRONT W 0 75 150 CA2012 -006 (PA2012 -091) Feet \w Zoning Code Amendment e Newport Harbor Yacht Club Pent Name: PA2012 -091 Reso Exhibit ZC Page 3 Ne r� Planning Commission Resolution No. Paqe 17 of 19 IW4:II :1k0: Y CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. The Minor Use Permit and Planned Development Permit may be modified or revoked by the City Council, 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit and Planned Development Permit or the processing of a new Minor Use Permit and Planned Development Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 9. Prior to issuance of building permits for the proposed project, approval from the California Coastal Commission shall be required. 10. Prior to the issuance of a building permit for the proposed project, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Planning Commission Resolution No. Paqe 18 of 19 11. Prior to the issuance of building permits for the proposed project, a final Water Quality Management Plan shall be submitted to and approved by the Building Division. 12. The building materials shall consist of vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails, with the final design to be approved by the Community Development Director prior to issuance of a building permit for construction of the proposed project. 13. The hours of operation are limited to between 8:00 a.m. and 11:00 p.m., Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday. 14. The Parking Management Plan shall be utilized at all times. Any changes shall require review and approval by the Community Development Director. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 21. An encroachment permit is required for all work activities within the public right -of -way. 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and Planning Commission Resolution No. Paqe 19 of 19 expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Harbor Yacht Club including, but not limited to, the General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, Zoning Code Amendment No. CA2012 -006, Minor Use Permit No. UP2012 -016, and Planned Development Permit No. PL2012 -002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. January 23, 2014 Attachment No. PC 2 Draft Resolution — Deny RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING GENERAL PLAN AMENDMENT NO. GP2012 -003, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -003, ZONING CODE AMENDMENT NO. CA2012 -006, MINOR USE PERMIT NO. UP2012 -016, AND PLANNED DEVELOPMENT PERMIT NO. PL2012 -002 FOR A REPLACEMENT YACHT CLUB FACILITY LOCATED AT 720 WEST BAY AVENUE (PA2012 -091) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Code Amendment, Minor Use Permit, and Planned Development Permit. 2. The proposed project consists of the demolition of the approximately 19,234- square- foot yacht club facility and construction of a 23,163- square -foot facility. In order to implement the project, the applicant requests the following: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. 3. The Newport Harbor Yacht Club ( "NHYC ") hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. The NHYC has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provide members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and Planning Commission Resolution No. 2 of 4 attendance, including dinner parties, birthday and anniversary celebrations, and weddings. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 4. The subject properties are located within the Private Institutions (PI), Single -Unit Residential (R -1), and Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element categories are Private Institutions (PI), Single -Unit Residential Detached (RS -D), and Two -Unit Residential (RT). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan categories are Private Institutions (PI -A), Single Unit Residential Detached (RSD -B), and Two Unit Residential (RT -E). The requested change of the Coastal Land Use Plan designation for certain properties from RS -B and RT -E to PI -A will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 6. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor area; or, adds more than 100 dwelling units in a statistical area. This is the second General Plan Amendment that affects Statistical Area D2 since the General Plan update in 2006. The amendment results in no increase in the number of dwelling units and 5,000 additional square feet of nonresidential floor area. The additional floor area results in an increase of 1.73 AM peak hour trips and an increase of 0.15 PM peak hour trips based on the General Plan Public, Semi - Public and Institutional trip rate reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 7. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on August 23, 2012. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on November 21, 2012, and no requests for consultation were received. 8. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 9. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Planning Commission Resolution No. 3 of 4 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ( "CEQA ") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. The Planning Commission has determined that in this particular case the current General Plan and Coastal Land Use Plan designations are appropriate and a change is not warranted. 2. Zoning Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The Planning Commission has determined that in this particular case, the current Zoning designation is appropriate and that a change is not necessary for the public necessity and convenience and the general welfare. 3. The Planning Commission may approve a Mirfor Use Permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In this case, the Planning Commission was unable to make the required findings based upon the following: a. The Minor Use Permit application for the yacht club assembly use is not consistent with the legislative intent of Title 20 of the Municipal Code and the findings required by Section 20.52.020 are not supported in this case. The proposed project may prove detrimental to the community. b. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. 4. The Planning Commission may approve a Planned Development Permit only after making each of the required findings set forth in Section 20.52.060 (Planned Development Permit). In this case, the Planning Commission was unable to make the required findings based upon the following: a. The Planned Development Permit application for the proposed project's design, height, and parking is not consistent with the legislative intent of Title 20 of the Municipal Code and the findings required by Section 20.52.060 are not supported in this case. The proposed project may prove detrimental to the community. Planning Commission Resolution No. 4 of 4 5. The Planning Commission may approve a Planned Development Permit for an exception to the height limit only after making each of the required findings set forth in Section 20.30.060 (Height Limits and Exceptions). In this case, the Planning Commission was unable to make the required findings based upon the following: a. The Planned Development Permit application for the height of the proposed project is not consistent with the legislative intent of Title 20 of the Municipal Code and the findings required by Section 20.52.060 are not supported in this case. The proposed project may prove detrimental to the community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, Code Amendment No. CA2012 -006, Minor Use Permit No. UP2012 -016, and Planned Development Permit No. PI-2012-002. 1' 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 23`d DAY OF JANUARY, 2014. AYES: NOES: ABSTAIN ABSENT: IO.Y� W Bradley Hillgren, Chairman Kory Kramer, Secretary January 23, 2014 Attachment No. PC 3 Draft Minutes from December 19. 2013 1M NEWPORT BEACH PLANNING COMMISSION MINUTES 12/1912013 Maton-made by Vice Chair Tucker and seconded by Commissioner Brown and carried (5 — 1 — 1) to approve the minutes of mbix2l, 2013, as corrected. AYES: Ameri, Brown, Hill?e , rs, and Tucker NOES: None ABSTENTIONS: Lawler ABSENT: Kramer ITEM NO. 2 NEWPORT HARBOR YACHT CLUB (PA2012 -091) Site Location: 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710 -720 West Balboa Boulevard Associate Planner Fern Nueno presented details of the report addressing location, existing conditions, surrounding properties, current club operations, use of the facility by members, purpose of the amendments requested, details of the proposed project, assembly use, considerations for the proposed applications, architecture and design, proposed site improvements, height limits, request for additional height, proposed additions, parking requirements and related studies, conceptual renderings, landscaping, next steps, and recommendations. Secretary Kramer arrived at this juncture (3:18 p.m.). Chair Hillgren noted that this is an informational item at this time and that the matter will be formally presented to the Planning Commission for action, at a public hearing on January 23, 2014. Chair Hillgren invited the applicant to address the Planning Commission at this time. The applicant, Jeff Gordon, spoke on behalf of the Newport Harbor Yacht Club, mentioning that the Yacht Club held a public outreach meeting for the neighbors in close proximity to discuss the design of the facility. In response to an inquiry from Vice Chair Tucker regarding whether Mr. Gordon has had the chance to review the Conditions of Approval, Mr. Gordon confirmed that he has and that they are acceptable. Vice Chair Tucker inquired regarding the two -year sunset for implementing the project and asked regarding approval by the Coastal Commission. It was noted that City expiration will be two (2) years from Coastal Commission action. Commissioner Lawler referenced the differences in heights and the Coastal Land Use Policy and asked regarding impacts on public views. Ms. Nueno reported that the project is not within a public view corridor or at a public view point but those policies are being used to try to gain consistency. Chair Hillgren opened public comments Ken Jacobs stated he is not opposed to upgrading the facility and commented on parking issues on the peninsula. He stated that it seems that the Yacht Club does not require employees and boat workers to first park in their lot before taking public street parking. He noted that the problem increases when they have large events and stated that it would be helpful to local residents to require that employees park in the Yacht Club parking lot before parking on the streets. Seeing no others wishing to speak, Chair Hillgren closed public comments. Vice Chair Tucker indicated that the public area that the Yacht Club is asking to add is approximately sixty - five (65) square feet and commented on useable space. He commented positively on reviewing the matter in a study session prior to the formal Public Hearing and asked for clarification regarding parking issues. Page 2 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/1912013 Associate Planner Nueno reported that the parking plan includes conditions that would be required from the applicant to help alleviate parking issues that may come up. The requirements address employee parking in that they would be required to park within the lot at all times and in the remote sections of the lot. Policies are also included that would encourage carpooling and alternate transportation for employees. Vice Chair Tucker noted that he views this type of facility as semi - public in that many residents use the facility and commented positively on the proposed project. He stated that the City has provided an incredible amount of public access in the area, he will not be supportive of requiringh the applicant to provide additional amounts of public access, and he does not believe that the end of the 8' Street alley would be a good area to require additional public access improvements. Associate Planner Nueno noted that notice will be provided for the upcoming public hearing on this matter. Chair Hillgren commented positively on the proposed project and noted that the Planning Commission will carefully review the parking plan. VII. PUBLIC HEARING ITEMS M NO. 3 BACK BAY LANDING (PA2011 -216) Site Location: 300 E. Coast Highway Senior PI ner Jaime Murillo provided a PowerPoint presentation addressing details of the posed project including exi 'ng conditions, stages of approvals, location, surrounding properties, expa ion of the parcel through a lot -li adjustment, the need and purpose for General Plan, Coastal Land se Plan, and Code Amendments, an verview of the proposed Planned Community Development Plain.. he reported on the establishment f priority uses and details of same, establishment of speci' development standards, design guidelines, revie f future development projects, planning areas, principal evelopment areas, highlights of the conceptual plan, loc n of primary driveway, public plaza and retail /re urant component, parking and details of the proposed enclos dry-stack boat storage. Senior Planner rillo addressed the location of the free - standing residential compon t, the public view tower, building hei is and exceptions, public views and view corridors, architectural the d materials, pedestrian, bicycle d public access, public improvements, regulation of bulkheads, required stree improvements and utility provements. Mr. Murillo reported on the required traffic study including trip gene r ' ns per day, anal s' of major intersections. He reported on the CEQA analysis and the Draft Environmental act Report (E that was prepared for the project, including the related findings, the public review period, comm is receiv and responded to, and mitigation measures. He reported that the project was presented and review by a Harbor Commission on November 13, 2013, which indicated support for the project and specifically appr ted the enhancement of water - related uses and public access and trails. Mr. Murillo presented informati on steps including review by other agencies, Council and the Coastal Commission. Vice Chair Tucker commented on the cu t zoning of the site alb asked whether there is any text that goes along with the Planned Community zoni Mr. Murillo noted that although th ite is currently zoned Planned Commu it is not currently regulated by a Planned Community Developm t Plan, but rather regulated by a Use Permit. s sites develop, properties are required to prepare a Planne Community Development Plan. He added that pa f the Resolution adopting the new Planned Community evelopment Plan would supersede the existing Use Pe its that are active on the site. Vice Chair Tucke ,p4sked regarding requiring the development of Planning Area (PA) 4 at the me time as PA1 and Mr. Murillo eported that the Planned Community Development Plan requires the project be' plemented in one phase. a applicant has also agreed to do so. ar g review by the Airport Land Use Commission, Senior Planner Murillo reported that a piece f the rty is within the borders of the Airport Land Use Plan, but is located outside the 65 CNEL noise contourlaod protection zones. Page 3 of 11 January 23, 2014 Attachment No. PC 4 Staff Report from December 19, 2013 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 19, 2013 Study Session Agenda Item 2 SUBJECT: Newport Harbor Yacht Club - PA2012 -091 SITE 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay LOCATION: Avenue, and 710 -720 West Balboa Boulevard • General Plan Amendment No. GP2012 -003 • Coastal Land Use Plan Amendment No. LC2012 -003 • Zoning Code Amendment No. CA2012 -006 • Minor Use Permit No. UP2012 -016 • Planned Development Permit No. PL2012 -002 APPLICANT: Newport Harbor Yacht Club PLANNER: Fern Nueno, Associate Planner (949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of the 19,234- square -foot yacht club facility and construction of a 23,163 square foot facility. In order to implement the project, a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit, would need to be approved to address the yacht club use, square footage increase, additional height, parking, and land use designations for certain properties currently being used for boat storage and parking. The project is being introduced at this meeting, and will be brought back for a public hearing for Commission review and action. Should the project be approved at that hearing, the Planning Commission recommendation will be forwarded to the City Council for final review and action. RECOMMENDED ACTION Staff recommends that the Planning Commission discuss the proposed project and provide direction to staff as necessary. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 2 VICINITY MAP "%'► %fit, � �°� �.' r Subject Properties 4 lot ON -SITE Residential Detached (RS -D), and Unit Residential (R -1), and Two- and boat storage N. G Two -Unit Residential (RT) I a� „ ` l • F Single -Unit Residential Detached (RS -D) Single -Unit Residential (R -1) GENERAL PLAN EAST ZONING Boat Storage Single- and two -unit � Boat Storage Primary Lot and Two -Unit Residential (R -2) Primary Lot WEST Single -Unit Residential Detached Single -Unit Residential (R -1) Parking Lot Parking Lot E x residential dwellings u - ~4Me4ron u Hi r LOCATION GENERAL PLAN ZONING CURRENT USE Private Institutions (PI), Single -Unit Private Institutions (PI), Single- Yacht club, parking ON -SITE Residential Detached (RS -D), and Unit Residential (R -1), and Two- and boat storage Two -Unit Residential (RT) Unit Residential (R -2) SOUTH Single -Unit Residential Detached (RS -D) Single -Unit Residential (R -1) Single -unit residential dwellings EAST Single -Unit Residential Detached Single -Unit Residential (R -1) Single- and two -unit (RS -D) and Two -Unit Residential (RT) and Two -Unit Residential (R -2) residential dwellings WEST Single -Unit Residential Detached Single -Unit Residential (R -1) Single- and two -unit (RS -D) and Two -Unit Residential (RT) and Two -Unit Residential (R -2) residential dwellings Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 3 Project Setting The Newport Harbor Yacht Club ( "NHYC ") facility includes three separate areas /lots in close proximity. The subject properties are located on the Balboa Peninsula on West Bay Avenue at 8th Street. The primary lot, located at 720 West Bay Avenue, is 73,859 square feet in area and includes a 19,234- square -foot yacht club facility, boat storage area, private beach, submerged area, and boat launch and dock area. Across the alley to the west is a 5,705- square -foot lot used for boat storage. Across West Bay Avenue from the primary lot is the surface parking area containing 114 parking spaces, which is comprised of 16 lots totaling 39,994 square feet in area. The NHYC was established in Balboa in 1916 and moved to the existing facility in 1919. Building permit history does not show when the existing building was constructed, but the Orange County Assessor Records indicate that it was constructed in 1912. NHYC has approximately 900 adult members who are able to use the building as a base for any number of yachting and water oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and attendance, including dinner parties, birthday and anniversary celebrations, and weddings. Project Description The applicant proposes to demolish the existing 19,234- square -foot, 2 -story yacht club facility and construct a 23,163- square -foot, 2 -story facility. The applicant's project description is provided as Attachment No. PC 1). The detached accessory structures would remain, including a restroom, dockmaster office, and storage shed, which total 1,265 square feet in area. The total floor area for all new and existing buildings would be 24,428 square feet. The design of the proposed building is similar to the existing building in architecture and color. The primary materials would consist of white vertical and horizontal siding for the walls with asphalt roofing. The applicant proposes to rebuild the yacht club facility because the existing, 101 - year -old structure is aging and has maintenance issues. There are also ongoing challenges with flooding during high tides. In order to implement the project, the applicant requests the following: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 4 currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. Land Use Changes The primary lot and ten of the lots used for parking are designated as Private Institutions (PI) within the Land Use Element of the General Plan, Coastal Land Use Plan, and Zoning Code. Three lots used for parking and boat storage are designated for Single -Unit Residential use and four lots used for parking are designated for Two - Unit Residential use. The applicant proposes to amend the General Plan, Coastal Land Use Plan, and Zoning Code designations for the residential properties to Private Institutions. The PI designations are intended to provide for areas appropriate for privately owned facilities that serve the public, including yacht clubs, and the existing and proposed yacht club use is consistent with these designations. The amendments would result in consistency with the land use designations because the lots are currently being used for the yacht club use. Development Limit Increase The General Plan and Zoning Code limit the intensity for this site to 20,000 square feet of gross floor area. The applicant requests a General Plan Amendment and Zoning Code Amendment to increase the development limit to 25,000 square feet for the entire NHYC site which would include the residentially zoned properties within the project site. The existing development, including the accessory structures, is approximately 20,500 square feet and is nonconforming. The amendments would allow for the proposed facility with additional square footage for future remodels. The majority of the additional floor area would be for additional restrooms and showers, offices, stairs and elevators, and Americans with Disabilities Act ( "ADA ") upgrades. The assembly area, which includes dining and meeting areas, is proposed to increase by 65 square feet. As indicated by the applicant, the operational characteristics should generally not change as a result of the larger facility. The floor area to land area ratio ( "FAR ") for 25,000 square feet on the primary lot is 0.34 and if the entire project site Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 5 land area is used, the FAR is 0.21, which is significantly lower than several other PI lots in the City. Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be prepared to establish whether a proposed general plan amendment (if approved) requires a vote by the electorate. The proposed amendment would be combined with 80 percent of the increases in traffic, dwelling units, and nonresidential floor area created by previous general plan amendments (approved within the preceding 10 years) within the same statistical area. If any of the thresholds are exceeded and the City Council approves the requested General Plan Amendment, the amendment would be classified as a "major amendment' and be subject to voter consideration. Approved amendments, other than those approved by the electorate, are tracked for 10 years and factored into the analysis of future amendments as indicated. Since the adoption of the General Plan in 2006, one General Plan Amendment has been approved by the City Council within Statistical Area D2 where the subject property is located. The amendment was to bring consistency between the General Plan and Coastal Land Use Plan for seven properties. Table 2 below summarizes the changes created by the proposed General Plan Amendment with the recommended PI designation and development limit increase. The table also shows threshold totals for the subject property. As indicated, none of the four thresholds would be exceeded, and therefore, a vote is not required. A more detailed analysis is attached (Attachment No. PC 2). Table 2 - Charter Section 423 Analysis Summary Statistical Area D2 SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ( "NAHC ") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of Increase in Increased Floor A.M. Peak P.M. Peak Allowed Area Hour Trips Hour Trips Dwelling Units Prior Amendments 10,090 sf 27.52 36.96 0 80% Proposed 5,000 sf 2.48 1.16 -11 Amendment Total 15,090 sf 30 38.1 -11 SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ( "NAHC ") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 6 preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that nine tribe contacts should be provided notice regarding the proposed project, and those contacts were provided notice on August 23, 2012. Section 65352.3 of the California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The City has not received any responses from the tribe contacts to date. The project site is located in a geographic feature which was significantly modified during the last century in order to alter channels for navigation (Newport Harbor) and form habitable islands. The Balboa Peninsula area was created after the era of Native American settlement and has been subject to significant landform alteration. Coastal Land Use Plan Policies The subject property is located in the coastal zone and therefore, is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan ( "CLUP "). The CLUP governs the use of land and water in the coastal zone within the City of Newport Beach and is in accordance with the California Coastal Act of 1976. The proposed redevelopment and discretionary permits are required to be reviewed for consistency with the CLUP. Pertinent CLUP policies are listed below with analyses regarding conformance of the proposed project. Parking 2.9.3 -2. Continue to require new development to provide off - street parking sufficient to serve the approved use in order to minimize impacts to public on- street and off - street parking available for coastal access. The proposed project is not anticipated to significantly increase the parking demand and may be adequate to serve the proposed project with the proposed parking management plan. For assembly uses, the parking requirement is based on the square footage of the assembly area. The proposed project includes an increase of 65 square feet in assembly area, which is a small portion of the development limit increase of 5,000 square feet. Furthermore, the applicant has stated that the proposed project will not result in an increase in membership or additional attendance at special events. Coastal Access 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. 3.1.1 -26. Consistent with the policies above, provide maximum public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources or (2) adequate access exists nearby. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 7 The Coastal Land Use Plan includes several policies regarding coastal access. The existing and potential lateral and vertical access areas for the City are shown in the attached Coastal Access and Recreation map (Attachment No. PC 3). The subject property is not shown as a potential area to provide lateral or vertical access, and public access is located within the area. Vertical access is provided west of the primary lot with a public alley running from West Bay Avenue to the harbor. Vertical access to the harbor and ocean are provided at most street ends on Balboa Peninsula. To the east of the proposed project, lateral access is provided to the harbor along Buena Vista Boulevard. To the south, lateral access is provided to the ocean along the walkway on the south side (beach) of the peninsula. The applicant is not proposing to provide any coastal access as part of the proposed project, and addressed the coastal access policies in the attached correspondence (Attachment No. PC 4). The Planning Commission can recommend that the applicant be required to provide some improved coastal access as part of the proposed project, such as providing a seating area on private property adjacent to the alley near the harbor, upgrading the alley end, or requiring a specific dollar amount or percentage of construction costs to be spent on coastal access improvements on the project site or in the vicinity. Public Views 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. 4.4.1 -2. Design and site new development, including landscaping, so as to minimize impacts to public coastal views. The project site is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The proposed 2 -story building would be located on approximately the same footprint as the existing building. Other than the proposed building, the remaining development would remain as is, including the beach, parking, boat storage area, and other open areas. The public alley located west of the primary lot provides an area for access and views to the harbor. Minor Use Permit for the Yacht Club Use Section 20.26.020 requires a Minor Use Permit for assembly uses in the PI Zoning District. A yacht club is designated as an assembly use by Chapter 20.70 (Definitions). The NHYC has been located at the subject property for approximately 100 years, prior to the Zoning Code requirement for a Minor Use Permit. The proposed project is required to have approval of a Minor Use Permit to ensure compatibility with the surrounding area. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 8 The NHYC is a use that provides members with meeting spaces, eating and drinking establishments, boating races and events, special events, and social functions for those who enjoy yachting, sailing, and similar water -based activities. The existing use and operations will remain unchanged as a result of the proposed project. The club has approximately 900 members, and the intent is not to increase membership beyond current levels. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. Planned Development Permit for the Project Design A Site Development Review is required for nonresidential development greater than 10,000 square feet; however, a Planned Development Permit can be requested in lieu of the Site Development Review for project sites with a minimum of one acre. The purpose of a Planned Development Permit is to ensure more efficient use of land, excellence of design, and enhanced amenities. Zoning Code Standards, other than use and density /intensity, can be modified with approval of a Planned Development Permit. This Planned Development Permit addresses the overall design of the proposed project, including the applicant's request for increased building height and an adjustment to the off - street parking requirements. Architecture and Design The proposed project was designed to replicate the style of the existing clubhouse. Architectural renderings that indicate color and materials of the proposed project are included in the project plans (Attachment No. PC 11). The materials include vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails. A materials board will be provided at the Planning Commission Meeting (photograph provided as Attachment No. PC 5). The architectural design of the project provides visual interest through the use of light and shadow, vertical elements, and varied roof planes. The sides of the building would step down to single -story edges as a transition providing compatibility of scale and architectural character to the surrounding residential neighborhood. The proposed design includes varied roof planes, window treatments, bay windows, varied wall planes and other building modulations, dormers, and trellis and patio covers. The second floor is setback from the first floor and all four elevations include architectural treatments. The proposed 2 -story building would be located on approximately the same footprint as the existing building. Landscaping is proposed in the area between the front of the building and the street side property line. Other than the proposed building, the remaining development would remain unchanged, including the beach, parking, and boat storage area. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 9 The primary lot with the proposed building is 500 feet in width and the building is setback approximately 210 feet from the eastern side property line and 140 feet from the western side property line. The building is proposed to be a minimum of 4 feet from the front property line and 15 feet from the rear property line. Minimal changes are proposed to the bulkhead and docks. The existing seawall is proposed to be reinforced and a raised cap will be installed to increase the elevation to 9.5 feet. Additionally, ADA upgrades are proposed for the ramp at the eastern side of the seawall. Building Height The subject property is located in the nonresidential, shoreline height limit area. Pursuant to Section 20.30.060, the height limit is 26 feet for a flat roof and 31 feet for a sloped roof. The height limit can be increased through the Planned Development Permit to 35 feet for a flat roof and 40 feet for a sloped roof. Because the subject property is located within the Flood Hazard Area, the height is measured from the required top of slab elevation of 9 feet. As an assurance of long -term flood protection, the applicant proposes to raise the slab above the required minimum to an elevation of 9.5 feet (6 inches higher). The highest ridge of the existing building is approximately 19 feet 10 inches high. The requested height increase is for two flat roof locations and two sloped roofs as described below: • The proposed building is 36 feet 3 inches at its highest ridge, which exceeds the 31 -foot height limit by 5 feet 3 inches. • Another portion of the sloped roof exceeds the 31 -foot height limit by 6 inches. • The 26 foot 6 inch high parapet that is not visible from the street would exceed the flat roof height limit by 6 inches, as shown on the south elevation. • The dormers visible from the north elevation would exceed the flat roof height limit by 5 feet 6 inches. The increased height allows the main building to stay within the same footprint as the existing building, keeping the remaining areas open for landscaping, open space, and views through the project site. The proposed building would be located in the middle of the 500 -foot wide lot. The sides of the building would step down with single -story edges as a transition to provide compatibility of scale and architectural character to the surrounding residential neighborhood. The second floor is setback from the first floor and all four elevations include architectural treatments. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 10 Parking Pursuant to Section 20.40.040, assembly uses are required to provide one parking space for every 35 square feet of assembly area or one space per three seats. As the proposed use includes assembly area that is not a seating area such as an auditorium, the parking requirement is based on floor area instead of seats. The assembly land use category also includes banquet rooms, auditoriums, convention facilities, and religious facilities. A yacht club use is similar to these other assembly uses, but difficult to compare with for parking purposes because of the differing operational characteristics. The proposed project contains 7,282 square feet of assembly area, which includes the restaurant areas, ballroom, boardroom, and library. The breakdown of the areas calculated as assembly area for the existing and proposed structures is included in Table 1. Table 1 — Assembly Area Comparison Assembly Area Existing Floor Area (sf) Proposed Floor Area sf Pirates Den Bar 870 1,008 Lounge 1,915 484 Formal Dining 891 484 Casual Dining 860 945 Ballroom/Flex Space 1,850 3,610 Boardroom and Library 831 751 Total 7,217 7,282 The assembly area is proposed to be increased by 65 square feet, which increases the parking requirement by two spaces, as shown in Table 2. While the size of the proposed project is 3,929 square feet larger than the current building, the additional floor area should not increase the parking demand because the assembly area is not increasing significantly. Table 2 — Parking Requirement No changes are proposed to the existing 114 space surface parking lot. The draft Parking Management Plan (Attachment No. PC 6) includes management mechanisms to mitigate impacts associated with reducing the required off - street parking by 95 parking spaces. The applicant provided a memorandum with additional information and Assembly Area Parking Requirement Parking Provided Existing 7,217 square feet 207 spaces 114 Proposed 7,282 square feet 209 spaces 114 Increase 65 square feet 2 spaces 0 No changes are proposed to the existing 114 space surface parking lot. The draft Parking Management Plan (Attachment No. PC 6) includes management mechanisms to mitigate impacts associated with reducing the required off - street parking by 95 parking spaces. The applicant provided a memorandum with additional information and Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 11 a parking study (Attachment Nos. PC 7 and 8) conducted by Pirzadeh Associates that demonstrates the existing parking is sufficient for the day -to -day needs of the yacht club and that parking can be adequately managed for special events through valet, stacked parking, and other measures as described in the Parking Management Plan. The parking study included analyses of the off- street parking, nearby on- street parking, parking counts, and parking management recommendations. The study was conducted for three occasions in order to capture the normal club activities, a private special event, and a club special event. Members often arrive by boat, with over 160 Duffy boats registered to members. The applicant has indicated that 95 members live within 5/8 of a mile of the club and that many of them walk to the NHYC. During special events the parking lot capacity is increased to approximately 140 spaces by stacked parking, which is possible due to the division of the parking lot into two parts by a public alley allowing vehicles to exit in several locations. The applicant utilizes valet operations for special events with attendance of 100 or more persons and caps special events at 225 attendees. Staff has not received any complaints regarding parking for the NHYC. Summary The applicant proposes to replace the aging yacht club facility with a 2 -story, 24,428 - square -foot building, within the same footprint and with a similar architectural style. The applicant has indicated that the operational characteristics including hours of operation, membership, special events, and number of employees, are not intended to change as a result of this project. In order to approve the redevelopment, the following permits are required as part of the application: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. The proposed project is being introduced as a Study Session discussion item, which will provide the Planning Commission an opportunity to review the project, pose questions, and provide direction to staff and the applicant prior to the public hearing. The project will be brought back to Planning Commission at a future public meeting for review and action on the application. A draft Resolution will be provided at that time. Draft conditions of approval that could be required are provided as Attachment No. PC 9. Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 12 should the project be approved. The Planning Commission recommendation will be forwarded to the City Council for the final review and action. Historical Resource Report The NHYC is included on a City Historic Resource Inventory developed in 1992 by an Ad Hoc Historic Preservation Advisory Committee. The inventory was never officially adopted by the City, and the structures were never placed on the City Register, but the inventory still serves as a useful guide to potentially historic properties that may have historic or cultural significance to the City. The City retained Chambers Group for the preparation of a historical resource report (Attachment No. PC 10) to determine if the existing yacht club has any historical significance and if it is a historical resource pursuant to the California Environmental Quality Act ( "CEQA "). The investigation revealed that the NHYC and its associated built environment features have undergone extensive nonhistoric - period alterations that have significantly undermined any potential historic integrity of the subject property. As a result of these significant alterations and loss of integrity, the project area does not appear to meet the criteria of eligibility for inclusion in the California Register of Historical Resources ( "CRHR ") either as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project is not expected to directly or indirectly impact or cause a substantial adverse change to any CRHR - eligible properties or historical resources for purposes of the California Environmental Quality Act. Environmental Review The project is categorically exempt under Section 15302, of the CEQA Guidelines - Class 2 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a minor increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Public Notice Although not required, a courtesy notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject properties at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code for public hearings. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: F r N eno, Associate Planner ATTACHMENTS Newport Harbor Yacht Club (PA2012 -091) December 19, 2013 Page 13 Submitted by: PC 1 Applicant's Project Description PC 2 Charter Section 423 Analysis PC 3 Coastal Access and Recreation Map PC 4 Coastal Access Correspondence PC 5 Photograph of Materials Board PC 6 Parking Management Plan PC 7 Parking Memorandum PC 8 Parking Study PC 9 Draft Conditions of Approval PC 10 Historical Resource Report PC 11 Project Plans r n a Wisnesl i, rlCIP, Deputy Director Attachment No. PC 1 Applicant's Project Description Newport Harbor Yacht Club Replacement Proiect January 9, 2013 Proiect Description The Newport Harbor Yacht Club (NHYC) is requesting approval of a General Plan Amendment, Zoning Code Amendment, Planned Development Permit, Conditional Use Permit, and Limited Term Permit for the demolition and replacement of the NHYC Clubhouse building. Ongoing challenges with flooding from high tides and the ending of the useful life of the 94 -year old structure has resulted in this request. The property is currently designated in the General Plan as Private Institutional (PI — 20,000 sf. max), RSD and RT. It is zoned OS -A, R -1 and R -2 with the OS covering the waterfront facilities including the club house, docks, and beach area as well as a portion of the existing parking lot. The boat storage to the west of the extension of 8th Street is zoned R -1 and a portion of the parking lot is zoned R -1 and R -2. It appears that the existing zoning was the basis for the General Plan designations, although we believe it may be the intent to designate the entire yacht club facility in the PI category. The LUP designates the majority of the property for PI -A (.30 max FAR) which would allow a square footage in excess of the 20,000 square feet allowed in the General Plan, based on the gross land area of 2.75 acres. In addition several of the residential properties that are part of the club use as noted below are still designated for residential use, despite their long time use as a part of the Yacht Club's operations. The NHYC clubhouse was originally constructed prior to the requirement for use permits. However, Use Permit 652 in 1960 approved the R -1 lot at 800 Bay Avenue West, to the west side of the yacht club property, for use of the lot for yacht club purposes. Variance 635 approved the use of the R -3 zoned parcels at 720 and 721 Bay Avenue West for parking in 1965. Use Permit 3645 in the R -2 zone for yacht club parking on lots addressed as 711, 713, 715 and 717 Bay Avenue West was approved in 1999. The site is also subject to pier and dock permits, moorings management permits and tidelands rights. Clubhouse Operations- Newport Harbor Yacht Club is open Wednesday through Sunday from 9:00 am until 11:00 pm. The Clubhouse is closed on Mondays and Tuesdays except for a four - person accounting staff that works Monday through Friday. The Club does at times have special, private events on Mondays and/or Tuesdays, and generally, activities that would otherwise interfere with normal club operation (such as a funeral). The Club is closed on Christmas and New Year's Day(s). The Club has approximately 89 total employees. At any given time during normal operations there are approximately 40 employees on site. As with any operation, there are certain times when an overlap of employees is required to meet member demand. In addition, the Club employs the services of a staffing firm that provides additional labor when needed for special events. The General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code Amendments- To increase the existing development limit of 20,000 square feet for the site, per Anomaly No. 67, to 25,000 square feet, which is inclusive of the replacement clubhouse building and the existing accessory structures. These amendments would also change the designation to Private Institutions (PI) for all parcels within the boundaries of NHYC ownership, including 3 properties (706, 708, and 800 Bay Avenue West) that are R -1 and 4 properties (711, 713, 715, and 717 Bay Avenue West) that are R -2. The Planned Development Permit- To allow for the construction of the replacement clubhouse building, as well as an increase in building heights as allowed under the Non - Residential Shoreline Height Limit Area. The site plan, floor plans and elevations are contained in the graphic portion of this submittal, as well as a copy in 11x17 and electronic format as Attachment 1. The Planned Development Permit would also authorize the reduction in off -site parking requirements based upon the NHYC's parking management plan, which is included in Attachment 2. The Conditional Use Permit- To provide for the existing assembly use of the yacht club under the current zoning requirements and authorize the use of the existing parking lot located on a separate parcel on the opposite side of Bay Avenue West. Area Justification- It is of note that the current site is already nonconforming for area, as the total square footage for the existing clubhouse, at 19,234 square feet, and its accessory structures, at 1,265 square feet, exceeds the 20,000 square foot development limit at 20,499 square feet. The proposed replacement clubhouse, at 23,163 square feet, represents an increase of approximately 3,929 square feet over the existing clubhouse. It is a two -story structure, sited within the same location and footprint of the existing building, and does not result in an increase to the existing building footprint area. There will be no increased intensity of use, membership levels or events as a direct result of the requested increased building area. An analysis of the major assembly spaces, including the Pirate Den Bar, Lounge, Formal Dining, Casual Dining, Ballroom/Flex Space, and Boardroom/Library areas, results in a calculation of the existing clubhouse at 7,217 square feet as compared to the proposed replacement clubhouse at approximately 7,282 square feet. Primarily, program area increases are a direct result of code requirements in new construction itself and contribute to a large percentage of the overall area increase. These include updated building code requirements that have increased area devoted to additional restroom fixture counts and ADA clearances, the second floor function requiring area increases due to multiple access stairs and two elevators, and updated health department requirements resulting in area increases due to additional dry goods storage, food preparation, and individual staff locker /shower /dressing rooms for men and women. Height Justification- The NHYC property is currently in the Non - Residential Shoreline Height Limit Area, which permits heights up to 26 feet for flat roofs and 31 feet for sloped roofs. The Newport Beach Municipal Code also allows an increase up to a maximum of 35 feet (flat roof) or 40 feet (sloped roof) through the approval of a discretionary permit (NBMC 20.30.060.C.2.c). The maximum height limit of 31 feet is exceeded by a roof area of approximately 950 square feet and a portion of that area is only 6 inches above the standard 31 foot height limit. The roof areas in question occur with a peak at 36' -3" and a peak at 31' -6 ", 5% and 1% of the total roof area respectively. In addition, these areas are setback from the street curb approximately 35 feet (36' -3 ") and 70 feet (31' -6 "). It is worth noting the majority of the area above the base height limit is not visible from Bay Avenue West and the majority of the Bay Avenue West frontage remains within the base height limit. In addition, it should be noted that 6 inches of the necessary height increase is due to the yacht club's desire to provide an additional assurance of long -term flood protection by setting the first floor top of slab elevation at 9.50 instead of the minimum 9.00 (NAVD 88). If not for this requirement, all but 5% of the roof area would comply with the base height limit. The architectural design of the project provides visual interest through the use of light and shadow, vertical elements and varied roof planes, replicating to a large extent the style of the existing clubhouse and providing compatibility of scale and architectural character to the surrounding residential neighborhood. The included elevations and aerial images depict how all sides of the building step down to single -story edges as a transition of its scale to that of the surrounding properties. The increased height does not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent residences due to the large distance between the clubhouse building and the neighboring houses. The replacement clubhouse is separated from adjacent houses by 65 feet to the southeast, 220 feet to the east, 200 feet to the west, and 310 feet across Balboa Boulevard to the south. Numerous homes in the vicinity are already two and even three - stories in comparative scale. Additional setback and landscape improvements are provided in the new design along the front elevation at Bay Avenue West. Compared to the existing clubhouse, an additional setback of 2 to 4 feet is provided along the majority of the street frontage, with an area of 7 to 20 feet of increase at the entry to the replacement clubhouse. This setback results in an increased landscaping area of 690 square feet between the replacement clubhouse and the public sidewalk. Bulkheads and Docks- The existing seawall will be reinforced by the installation of a secant wall during construction, supported by both a dewatering system and debris collection/protection barrier on the bayside of the seawall. The secant wall is a structural wall that is installed by drilling individual pile borings and injecting cement into the boring as the auger is extracted. This is done every 3 to 4 feet across the back side of the existing seawall. After the pilings have bad the proper cure time, new boring and pilings are placed between the previously installed pilings. The second set of pilings is then partially drilled into the first set to interlock the two together into one structural wall. The existing tie -backs and deadmen can be abandoned during this process. With this approach the piles for the building might be minimized or perhaps deepened footings could be used with a slab on grade or some combination of the two. Upon completion of building construction, a raised cap will be placed over the new integrated old wall plus the secant wall for a 9.5 MLLW protection. The only alterations to be made on the tidelands side of the seawall will be to raise /replace the structural connection for the existing ramps from the top of seawall to the piers below. Such alterations are necessary at two existing ramps plus one new attachment to accommodate a new disabled access ramp at the east end of the main seawall where it intercepts the north -south seawall along the beach. No other changes to the docks, piers, or pilings are contemplated by the Clubhouse replacement plans. Attachment No. PC 2 Charter Section 423 Analysis Newport Harboe Yacht Club GPA (PA2012 -091) Charter Section 423 Analysis Current Current Existing Traffic Land Use Proposed Proposed Proposed Traffic Land Use Total du Total square Address Description Current GP density Intensiry/floor area Description Existing AM Existing PM Proposed GP density ( siry /Floor Description Proposed AM Proposed PM AM Change PM Change changes footage changes Area GENERAL PLAN AMENDMENT NO. GP2010 -006 - STATISTICAL AREA D2 #220- Apartment #230 - Residential /Condominium (0.51 AM /0.62PM trips per 500 West Balboa Blvd. 2,113- square -foot lot is fully RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,584.75 unit) & Commercial blended 5.26 6.96 4.38 5.88 -1 1,584.75 developed with a coffee shop per unit) rate per Council Poli cy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 4,202 - square -foot lot is fully #230 - Residential /Condominium (0.51AM /0.62PM trips per 504 West Balboa Blvd. (inc. 048 -071- developed with a vacant RT 4 0 Townhouse (0.44AM /0.54PM trips 1.76 2.16 MU -V 2 3,151.50 unit) & Commercial blended 9.96 13.23 8.20 11.07 -2 3,151.50 18) Laundromat & parking lot per unit) rate per Council Policy A -18 (10 AM 8 4.0 PM trips per 1,000sf) #220 - Apartment #230 - Residential /Condominium (0.51 AM 10.62PM trips per 506 West Balboa Blvd. 2,101- square -foot lot is fully RT 2 0 Townhouse (0.44AMl0.54PM trips 0.88 1.08 MU -V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 developed with Vacant retail per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 2, 101square -foot lot is fully #230 - Residential /Condominium (0.51 AM 10.62PM trips per 508 West Balboa Blvd. developed with commercial - RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 Promelis Markel per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) 2,101- square -foot lot is fully #230 - Residential /Condominium #220 - Apartment & 510 West Balboa Blvd. developed with a new mixed RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,575.75 Commercial blended rate per 5.24 6.92 4.36 5.84 -1 1,575.75 use building per unit) Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 2,101- square -loot lot is fully #230 - Residential /Condominium (0.51 AM /0.62PM trips per 512 West Balboa Blvd developed with a restaurant RT 2 0 Townhouse (0.44AM /0.54PM trips 0.88 1.08 MU -V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 & residence per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 2,098- square -foot lot is fully #230 - Residential /Condominium (0.51 AM/0.62PM trips per 514 West Balboa Blvd. developed with a hair shop & RT 2 0 Townhouse (0.44AM/0.54PM trips (188 1.08 MU -V 1 1,573.50 unit) & Commercial blended 5.23 6.91 4.35 5.83 -1 1,573.50 residence per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) TOTAL STATISTICAL AREA D2 16 0 7.04 8.64 MU -V 8 12,612.75 41.41 54.79 34.4 46.2 8 12,612.75 80% OF PREVIOUS AMENDMENTS 27.5 36.96 10,090.20 GENERAL PLAN AMENDMENT NO. GP2012 -003 - STATISTICAL AREA 02 General Plan Public, Semi - 33,858- square-foot lot is fully General Plan Public, Semi - Public & Public & Institutional (1.50 720 West Bay Ave. developed with the Newport PI 0 20,000 Institutional (1.50 AM and PM trips 30.00 30.00 PI 0 25,000 AM and PM trips per 1,000 37.50 37.50 7.50 7.50 0 5000 Harbor Yacht Club per 1,000 square feet of grass Floor square feel of gross floor area) per Council Policy A -18 area) per Council Policy A- 18 5,705- square -loot lot used for #210 Single - Family Detached 800 West Bay Ave. boat storage for the Newport RS -D 1 _ Housing (0.75AM/1.01 PM) 0.75 1.01 PI 0 - See Above 0.00 0.00 0.00 0 -1 0 Harbor Yacht Club Parking lot for the Newport #230 - Residential /Condominium 711 -717 West Bay Ave. Harbor Yacht Club RT 8 0 Townhouse (0.44AM/0.54PM trips 3.52 4.32 PI 0 0 See Above 0.00 0.00 -3.52 -4.32 -8 0 per unit) 706 -708 West Balboa Blvd. Parking lot far the Newport RS -D 2 0 #210 Single - Family Detached 1.50 2.02 PI 0 0 See Above 0.00 0.00 -1.5 -2.02 -2 0 Harbor Yacht Club Housin 0.75AM/1.01 PM TOTAL FOR GP2012 -003 37.50 37.50 2.48 1.16 -111 5000 TOTAL STATISTICAL AREA D2 INCLUDING PROPOSED 30.0 38.1 - 11 15090 AMENDMENT AND 80% OF PREVIOUS AMENDMENTS 12/10/2013 Attachment No. PC 3 Coastal Access Map `4% . Coastal Access _ and Recreation: Ma 3 -1 - � (Map 3 of 3) LEGEND Public Beach Location Public Beach Access Location <o •.. .� � r -- ... 0 Potential Amass Point F6 . +.r �.` Coastal Zone Boundary �f Lateral Access AA ♦ ' cy _� Potential Lateral Access ♦ �� �� ti Vertical Access . ♦ . 1l_ ♦ ♦ _ .t { Blufftop Access .♦ ° ° ♦ f I. _ �� 1 Potential Bluftop Access ♦♦ ♦ - -7- E ° ��� I. eateoa is<q City Boundary ao' Proposed Park •, ° , ♦ ♦ ° ♦ _jec[ Property dA�'� K Public Beach or Park ♦ CHa NNE( FB' a PS F5, ♦ `\ FB PE i 9WA '14 Avg City of Newport Beach, California (Harbor Area) - Local Coastal Program NORTH Coastal Land Use Plan OMaas 3 -40 December /2005 LCP05ACCessRecHa�b.mxd Attachment No. PC 4 Coastal Access Correspondence HA R B O R i� ► CAL U,B August 6, 2013 Ms. Fern Nueno Planning Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA Re: Newport Harbor Yacht Club Applications CA 2012 -006, GP2012 -003, PL2012 -002, UP2012 -016, XP2012 -003, LC2012 -003 Dear Ms. Nueno: You have requested that the Newport Harbor Yacht Club ( "NHYC ") address the question of public access to and along the shoreline as it relates to its application to demolish the existing approximately 20,500 square foot facility and replace it with an approximately 23,163 square foot facility. Among the various applications we have submitted as a part of this process is a land use plan amendment to the City certified Coastal Land Use Plan ( "LUP "). The parts of the LUP which are to be amended relate to the land use map designation of certain parcels inland of Bay Drive which are used for parking. What you seem to be asking is whether the project itself, as opposed to the LUP amendment, is consistent with the City's General Plan and LUP. We find that the proposed project is consistent with the General Plan and the LUP with regard to public access to and along the shoreline. In the General Plan, Goal HB 6.1 provides that the City "provide adequate public access to the shoreline, beach, coastal parks, trails and bay, and acquire additional public access points to these areas and provide parking, where possible." This policy goal is repeated and expanded throughout the LUP. 1 would like to interject here that the membership at large questions why does our desire to simply replace our deteriorating, 100 year old flood prone facility with a similar structure on the same footprint trigger the requirement for us to provide access to the public? It is a difficult question to answer. I would first note that for access along the shoreline, Map 3 -1 on page 3 -40 of the LUP does not identify NHYC as a location for the future provision of either vertical or lateral access. 720 WEST BAV AVENUE, BALBOA, CALIFORNIA 92661 • TELEPHONE (949) 673 -7730 • Fax (949) 679 -3972 (Map 3 -1 attached hereto.) LUP Policies 3.1.1 -20 through 3.1.1 -23 identify the locations for improved bayfront lateral access as including Lido Marina Village, the Rhine Channel to McFadden Square, from Lido Village to Mariner's Mile, and along Mariner's Mile. The location of NHYC is not identified either on the map or by any Policy as a location where access along the bayfront is sought under either the General Plan or the LUP. Note that at present the NHYC property is bifurcated by the 8th street alley that is usable by the public at all times. Second, the City's proposed LUP amendment which accompanies these NHYC applications is only to designate four residential zoned parcels on the south side of Bay Avenue (and used as our parking lot) as Private Institutional rather than Residential. As these parcels are nowhere near the bay front, we do not see a correlation between this re- designation and any public access to or along the shoreline. Further, since the yacht club use by NHYC is a coastal - dependent use, under Chapter 3 policies, the supporting parking would have a higher priority than residential use. We think that the LUP amendment is consistent with the Chapter 3 policies of the Coastal Act. We are aware that within the Chapter 3 policies is Public Resources Code §30212 which provides: "(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway." The LUP Policies implement Section 30212 without requiring any access to or along the shoreline in the vicinity of NHYC. The Coastal Commission has found those policies to be consistent with Section 30212. There is no nexus between the reconstruction of the clubhouse and public access along the bayfront. The property is private and has been used for NHYC since 1919. No public access has ever existed. There would be no rough proportionality between public access on NHYC property and the reconstruction of the clubhouse. Also, we do believe that "adequate access exists nearby ", as shown on the aforementioned Map 3 -1, namely the Buena Vista promenade to the east the nearly block —long public beach between 9t4 and 10th streets to the west. In addition, section 3. 1.1 of the LUP states: 3.1.1 Shoreline Access In terms of implementing the Coastal Act, there are two basic types of public access: vertical access, or access to the shoreline, and lateral access, or access along the shoreline. Newport Beach has developed an extensive system of access to ocean beaches and the bay (see Coastal Access Map). Virtually all of the Pacific Ocean shoreline beaches are public and the bay is accessible via public beaches, parks, shoreline trails, walkways and boardwalks. The City will continue to require all new development, causing or contributing to adverse public access impacts, to provide easements or dedications in areas where public access is inadequate. We are confident that our proposed project is not "causing or contributing to adverse public access impacts ". Further, the LUP does not designate NHYC as a location where public access is inadequate. Having said all that, NHYC is willing to discuss and participate in enhancing public access to the bay in some form. You have suggested that the Club consider dedicating a portion of our western boatyard on the bay and improving the area with such things as picnic tables, seating area, etc. We looked at this option but learned that a deed restriction exists preventing us from using the area for anything other than "boat storage" or otherwise jeopardizing the "quiet enjoyment" that the adjacent residence presently has (and are the original owners and sellers of the property) We simply are not able to offer that option at this time. As an alternative, we would suggest that we could possibly improve the end of the 8 °i street alley with some of the same amenities suggested above. This area is simply a bench at present (recently re- dedicated by one of our members) that might benefit the public from added improvements. Also, the public area at the intersection of Bay Drive and the Buena Vista promenade to the east of NHYC could be improved for public use. We have met in the recent past with City officials and know that there are a number of future projects the City is considering that will enhance the bay and the public's access to it. NHYC has always been an active participant in the ongoing improvement of the Bay and is continually involved in projects that benefit the community at large. Should the City require NHYC to engage in a more specific project as a condition of us being allowed to rebuild our clubhouse, we would welcome the discussion. NHYC has been a part of the Newport Beach community for almost 100 years. We have always, and will always, do the right thing. Sincerely, /.�FFGORDON Chairman, Long Range Facilities Planning Attachment No. PC 5 Materials Board 2 3 4 Attachment No. PC 6 Parking Management Plan Parking Management Plan (PA2012 -091) 720 West Bay Avenue December 19, 2013 The following Parking Management Plan is provided in conjunction with Planned Development Permit No. PL2012 -002, pursuant to Section 20.40.110 (Adjustments to Off - Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with reducing the required off - street parking by 95 parking spaces as required by Chapter 20.40 of the Zoning Code: • A minimum of 114 off - street parking spaces shall be provided; • Special events with over 100 guests anticipated, including wedding receptions and Newport Harbor Yacht Club ( "NHYC ") sponsored events when increased parking demand is expected, shall employ a valet service that will be set up in the off - street lot; • A valet plan shall be reviewed and approved by the Public Works Department; • Attendance for special events shall be limited to a maximum of 225 people; • Should parking for special events create an adverse effect on the area, the Community Development Director shall have the authority to limit attendance; • Continue to utilize NHYC staff to control parking on summer weekends or other periods of high parking demand to both direct stacked parking where practical and eliminate public usage of the parking lot; • Prohibit parking at all times in the public alley; • Prohibit the storage of boats and /or equipment in the off - street parking lot; • Explore off -site shared parking and remote shuttle bus opportunities for special events such as nearby churches and other private users with off - street parking capabilities; • Erect signage that mandates "No Public Parking" and enforce same with NHYC personnel as required; • Provide Employee Parking Guidelines requiring employees to (a) park in the most remote sections of the lot, (b) use alternate modes of transportation where possible, (c) car -pool where practical, and (d) not park in on- street spaces; • Provide bicycle racks and at least one designated motorcycle parking space in addition to the parking spaces; • Send advance blast a -mails to select, affected groups or membership at large advising of potential adverse parking conditions; • Encourage the use of water craft to access NHYC by those with that ability; • Encourage those members living in close proximity to walk to the Club; and • Future redevelopment of the parking lot or changes to the layout shall require review and approval by the Planning Division and Public Works Department. Attachment No. PC 7 Parking Memorandum NHYC MEMORANDUM To: Fern Nueno, City of Newport Beach From: Jeff Gordon RE: Application PA 2012 -091; Parking Impacts Mitigation Date: July 10, 2013 The Newport Harbor Yacht Club ( "NHYC ") has prepared preliminary plans to replace its existing 100 -year old clubhouse at 720 W. Bay Avenue. Since the present building predates any jurisdictional planning and /or building codes, a new facility will require a number of City actions, including a General Plan Amendment, Zoning Code Amendment, Use Permit and Planned Development Permit A preliminary review of the application by City departments revealed relatively minor comments, generally suggesting additional details, policies and potential codes to be followed and incorporated into final construction documents. However, the public works /traffic engineering department is concerned about the size and capacity of the existing parking lot which is intended to remain in its present state. In 2012, NHYC engaged the Pirzadeh Group to prepare a parking study as a deliverable component of our various applications to the City. That study, dated July 5, 2012, was submitted to the City with other requisite, accompanying documents. The exercise observed three different types of events at the Club and details and analyzes the off - street parking conditions of each. Without repeating the numerous observations, counts, etc. contained in the report, Pirzadeh concludes that the parking for the three events was "adequate ", and appears to be sufficient for the Club's operations. We are aware of several unique factors that allow the Club to function with the 114 space off - street parking lot and not burden the adjacent street parking. These include: • NHYC considers itself a "neighborhood" club, with a high percentage of members (and therefore those more inclined to utilize the facility) living in close proximity. In fact, of the approximately 900 registered Club members, 95 live within approximately 5/8 of a mile east and west along Balboa Peninsula. These members would be more inclined, and do, walk to the Club; • Other members outside that radius are aware that parking can be an issue so they regularly car -pool and /or ride share; • During major events (regattas, memorial services, etc.), the unique configuration of the parking lot (with an always open public alley bifurcating the parking field) allows members to "stack "cars behind two rows of striped parking rows yet still allowing the original cars to egress the lot and be replaced by a future arriving vehicle. This arrangement allows for an additional 26 -30 cars to be accommodated; • Club policy dictates that special events of over 100 anticipated attendees are required to provide valet service. Using the above noted stacking as well as utilizing more typical valet techniques allows an additional 12 -15 cars to use the lot. • The Club's obvious location on the water and near the geographic center of Newport Bay allows many members to access the clubhouse via water. Over 160 "Duffy" boats are registered to Club members, presumably nearly all of them located in Newport Bay. These Club favorites, along with countless other forms of small watercraft owned by members living on the bay, offer a much more enjoyable way to come to the Club and eliminate the need for a parking space(s). NHYC possesses over 950 linear feet of dock space reserved specifically for boats visiting for short periods of time and a staff that assists with docking and mooring. Such dock space can safely accommodate upwards of 35 single -side tied boats. Assuming as average of 3 passengers per boat, this represents roughly 100 attendees can access the Club via the waterside. We certainly believe that our parking is adequate for how we operate and has been for many, many years for the above unique reasons and others. We are at the same time aware that we do not "fit" in any measurable land -use category and therefor the application of any parking standards are not necessarily appropriate for our existing or future use. NHYC personnel recently conducted our own informal study (at the suggestion of City staff) to try and somewhat quantify the above tendencies. On June 28, 2013, the Club hosted a "White Party" that ran from 6:00 pm until approximately 10:30 PM. By way of background, the "White Party" is a fundraiser for the Newport Harbor Sailing Foundation, a non - profit entity that provides funding to primarily young sailors around the bay and financially assists in their travel and participation in national and international events. The evening included a dinner and silent and live auction. A review of the guest list notes that approximately 65% of the guests were Club members. The final count was 210 paid attendees, approximately as anticipated. Generally, 200 -220 has always been the target "sweet spot" for a special event given the size of our kitchen, staff and parking ability. Policy dictates that no special event exceeds 225 guests. Valet service was provided and we also asked the lot attendants to count cars and the respective number of guests therein. Our dock master and staff were also asked to observe boat traffic that evening. Their report was a follows: • 30 cars self - parked; presumably these were Club members who did not want or think they needed to valet; • 15 cars used valet (this is very low); • 93 guests came from the 45 cars noted; • 11 Duffy or similar boats delivered guests to the party; • 43 people were observed arriving via the 11 boats; • It appeared (visually) that approximately 32 guests either walked or parked on the street; We are unsure of how the additional 30 +/ guests arrived and assume that we simply missed several that arrived by car, boat or on foot. The valet service reported no complaints that evening relative to parking nor were any subsequent complaints received by the Club. It appeared to be "business as usual ". We offer the above as our justification that our parking needs have always been met in the past, and the relatively minor increase in assembly space anticipated in a new facility will not cause any greater needs. The unique geographical attributes and operational efficiencies of the Newport Harbor Yacht Club tend to put us "outside the box" when trying to fit our use (and trailing local codes and requirements) into a specific category. We would, if requested, work with the City to create a more formal "Parking Management Plan" utilizing the above noted practices and others as a condition of any our various approvals. Hopefully the City will understand our unique situation and allow us to vary from more stringent parking requirements and allow us to move forward and continue to enjoy another 100 years as a good neighbor on the peninsula and the City of Newport Beach. Attachment No. PC 8 Parking Study Owe Pirzadeh vo� July 5, 2012 Mr. Jeffrey J. Gordon c/o Newport Harbor Yacht Club 720 West Bay Avenue Newport Beach, California 92661 Subject: Newport Harbor Yacht Club — Off- Street Parking Analysis Dear Jeff: 39 Executive Park r: 049) 851 1367 Suite 270 (949) F851.5170 1,virw. CA 92614 -4726 Pursuant to our meeting on February 28, 2012 with you and Jeff Larsen of MVB & Partners, we are pleased to submit this off - street parking analysis and parking management plan that summarizes the code required parking, parking accumulation counts and related findings and, recommendations to enhance your current parking management plan. Site Description Newport Harbor Yacht Club (NHYC) is located at 720 West Bay Avenue and is situated north of West Bay Avenue between 701 Street and 811, Street in an area that is surrounded primarily by residential uses. The facility was established in 1916 at this location an([ has been a part of the City of Newport Beach landscape ever since. Given the longevity of the facility and local interest the Club has been a prominent feature on the peninsula. The hours of operation are Wednesday through Sunday between the hours of 9:00 AM to 12:00 AM. Off- street parking for 114 cars is provided in a parking lot located on the south side of West Bay Avenue directly across from the facility and is owned and maintained by NHYC. The parking lot is accessed primarily from 801 Street but has secondary access to an alley that parallels Th Street and connects to Balboa Boulevard and West Bay Avenue. On- street parking is available in close proximity to NHYC along 7t1i Street, 801 Street, West Bay Avenue, and Balboa Boulevard. The parking along Balboa Boulevard is a mix of free Curb- side parking and metered parking on both sides of the raised median. It should be noted that West Bay Avenue between 711, Street. and 8t1 Street allows for one -way westbound traffic only. Proposed Project The proposed project involves the demolition and replacement of the existing clubhouse building. The square footage for the existing clubhouse is 19,234 square feet of which, 7,217 square feet is used for assembly purposes. The plans prepared by HIVE & Partners show PA2012 -091 for CA2012 -006, GP2012 -003 PL2012 -002 UP2012 -016 XP -2012 -003 „ „r.rd„r. ut,rr.......r t„ 6 I.... .....r „r 720 Bay Avenue W - Newport Harbor Yacht Club -Mr. Jeffrey J. Gordon Page 2 July 5, 2012 that the proposed two -story clubhouse contains 23,163 square feet that equates to an increase of approximately 3,929 square feet when compared to the existing clubhouse. It is understood from discussions with NHYC that with the new facility the level of activity with regards to membership and club sponsored events will not change. Parking: Requirements Per information provided by NHYC the City had stated in correspondence stated November 28, 2011 that the City of Newport Beach Zoning Code, Chapter 20.40 Off- Street Parking requires parking at a rate of one (1) parking space per three (3) seats or, one (1) parking space per 35 square feet used for assembly purposes. The proposed two -story clubhouse contains a total of 23,163 square feet. An analysis of the assembly area performed by lIVE & Partners shows that only 7,282 square feet of the new facility will be used for assembly purposes. Using the City's code required parking rate of one (1) parking space per 35 square feet for assembly purposes require 209 parking spaces, which is an increase of two (2) parking spaces from the number of parking spaces that is currently required using the same parking rate, see Table 1. Table 1 Description Square Feet Parking Rate Parking I Required Existing Assembly Area 7,217 1 space /35 square feet 207 Proposed Assembly Area 7,282 1. space /35 square feet 209 Additional Parking Required 2 To assess the adequacy of the parking supply for NHYC and to evaluate how the on -site parking is functioning; parking accumulation surveys were conducted during a special event (wedding reception) on Saturday April 14, 2012, during normal club activities on Wednesday May 2, 2012 and Friday May 4, 2012, and during a special club event (Opening Day Weekend) on Saturday May 5, 2012 that happened to coincide with Cinco de Mayo festivities on the peninsula. NHYC Parking Study Area The study boundaries for the surveys were established based on an estimated maximum distance members would he comfortable parking and walking to NHYC. The areas included in the survey were; 711, Street and 811i Street between Balboa Boulevard and West Bay Avenue, West Bay Avenue between 711, Street and 91h Street, Balboa Boulevard between 711i Street and 811, Street, and the NHYC parking lot, see Attachment 1. It should be noted that although parking is permitted on each street, parking is prohibited on either Monday or Tuesday between the hours of 8:30 AM and 12:30 PM to allow for street sweeping. The on- street parking is not striped. Therefore to determine the amount of parking that could be Mr. Jeffrey J. Gordon Page 3 July 5, 2012 provided in each zone the amount of available curb space was measured while malting allowances for driveways and no parking zones. The linear distance was divided by 22, which is the standard parallel parking space dimension, to arrive at an assumed number of parking spaces. The end parking spaces were assumed to be 20 -feet in length if there were no obstructions that would restrict the drivers maneuvering ability. The number of cars parked is subject to the drivers parking characteristics and therefore, more cars may be observed parked in a particular zone than the number of parking spaces that were assumed. The following is a summary of the parking zones: Zone 1 and Zone 2 contains 48 and 66 parking spaces respectively for a total of 114 parking spaces and comprises the NHYC parking lot. Of the 48 parking spaces in Zone 1 five (5) are designated accessible spaces and four (4) parking spaces are reserved for the Commodore, Vice Commodore, Real Commodore, and Race Committee. The parking lot is divided into two sections that are separated by a drive that provides access to the alley. Zone 3 is located on 701 Street between Balboa Boulevard and West Bay Avenue. This segment of 7111 Street is restricted to one -way eastbound traffic. The amount of available curb space on each side of the street provides room for five (5) vehicles to park on the north side of the street and six (6) vehicles to park on the south side of the street. Parking is prohibited on Monday between the hours of 8:30 AM and 12:30 PM on the south side of the street and on Tuesday between the hours of 8:30 AM and 12:30 PM on the north side of the street. Zone 4 is located on West Bay Avenue between 711, Street and 8111 Street. This segment of West Bay Avenue is restricted to one -way northbound traffic. The amount of available curb space on each side of the street provides room for 14 vehicles to park on the east side of the street and 14 vehicles to park on the west side of the street. Parking is prohibited on Monday between the hours of 8:30 AM and 12:30 PM on the west side of the street and on Tuesday between the hours of 8:30 AIM and 12:30 PAI on the east side of the street. Zone 4 also has a limited amount of yellow and red painted curb that is discussed in Zone 6. Zone 4A is located on West Bay Avenue between 81h Street and 901 Street. This segment of West Bay Avenue has two -way traffic. Although parking is evident on both sides of the street it is out), allowed on the west side. The east side of the street is red curbed but the resident's park in front of their houses in the driveway area. For the purpose of this study only the parking on the west side of West Bay Avenue was observed during the survey periods. The amount of available curb space on the west side of the street provides room for 15 vehicles to park. Parking is prohibited or Monday between the hours of 8:30 AM and 12:30 PM on the west side of the street. Zone 5 is located on 801 Street between Balboa Boulevard and West Bay Avenue. This segment of 811' Street allows two -way and provides access to the NHYC parking lot. The amount of available curb space on each side of the street provides room for four (4) vehicles to park on the north side of the street and two (2) vehicles to park on the south side of the Mr. Jeffrey J. Cordon Page 4 July 5, 2012 street between the access drives to the parking lot. Parking is prohibited on Monday between the hours of 8:30 AM and 12:30 PM on the south side of the street and on Tuesday between the hours of 8:30 AM and 12:30 PM on the north side of the street. Zone G is located on West Bay Avenue between 711, Street and 811' Street. This segment of West Bay Avenue is restricted to one -way northbound traffic and has ,yellow and red curbed areas. The restricted parking areas were observed to determine the extent of illegally parked cars during the study periods. The annount of curb space that was painted yellow or red could accommodate seven (7) vehicles. As with Zone 4, parking is prohibited on Monday between the hours of 8:30 AM and 12:30 PM on the west side of the street and on Tuesday between the hours of 8:30 A1NI and 12:30 PM on the east side of the street. Zone 7 is located on Balboa Boulevard between 701 Street and 811' Street. This segment of Balboa Boulevard has two -way traffic that is separated by a raised median. Parking is allowed along the northbound and southbound curb and along both sides of the raised median. The parking adjacent to the raised median is metered. The amount of available curb space on each side of the street provides room for 17 vehicles to park on the east side of the street and 12 vehicles to park on the west side of the street. The metered parking adjacent to the raised median allows 15 vehicles to be parked on both the east and west side of the nnedian. Parking is prohibited on Monday and Tuesday between the hours of 8:30 AM and 12:30 PM on the east and west side of the raised nnecdian and on Monday and Tuesday between the hours of 8:30 AM and 12:30 P1VI along the northbound and southbound curb. Additionally, for the wedding reception on Saturday April 14, 2012 the survey recorded the vehicles that were observed parked in Zones 3 through Zone 7 that used on- street parking and walked to the NHYC. It should be noted that most of the parked cars observed in the on- street parking spaces were residents or visitors that were not associated with events at the NHYC. The only designated parking area for NHYC is the off - street parking that is located in Zone 1 and Zone 2. Parking Accumulation Results Wedding Reception -April 14, 2012 The wedding reception was scheduled to begin around 5:00 PM and last until 10:30 PM. As with all major events a valet service must be in operation and attended throughout the evening for parking in the NHYC parking lot. Most guests attending an event are expected to access the parking lot from Balboa Boulevard via 811' Street. The first driveway east of Balboa Boulevard and the alley driveway are coned off and a VALET sign directs guests to the third driveway. A valet station is set up in the parking lot in the drive aisle closest to West Bay Avenue opposite the entrance to the club. The event utilized most of the club with only the Pirate's Den being open for evening dining. The only other club associated activity would be from members accessing their boats. The recorded attendance for the wedding Mr. Jeffrey J. Gordon Page 5 July 5, 2012 reception was 215 guests. The maximum number of cars observed in the NHYC parking lot during the 9 -hour study period for the wedding reception and ancillary club use during the afternoon and evening hours was 83 at 6:15 PM, which means that there were 31 off - street parking spaces available, see Attachment 2. It was observed that 12 cars used on- street parking in Zone 3 through Zone 7 and walked to the reception. Although not recorded, it was observed that several guests were dropped off at the entrance to the club on West Bay Avenue but the drivers were not observed parking on the street and walking to the event. The parking count showed that the parking lot never reached capacity and there were parking spaces available on the adjacent streets and remained available throughout the study period. Wednesdav Mav 2. 2012 The activities at NHYC during this count period were fairly average for the club. There was a typical mid -week flow of members that consisted of boat usage, having dinner or cocktails in the lounge. The study period started at 4:00 PM and ended at 7:00 PAL The only scheduled event during the evening was a Membership Committee meeting. The counts show that the parking lot never exceeded a 46- perecent parking occupancy, see Attachment 3. The highest number of parked cars was observed 6:00 PM when 46 of the 114 parking spaces were occupied. The counts also show that there was adequate on- street parking available with only the southbound curb adjacent parking on Balboa Boulevard in Zone 7 being parked at capacity. Friday May 4, 2012 Friday marked the start of Opening Day Weekend at NHYC. Along with the normal weekday activity there was an increase in the number attending their boats with a proportionate increase in the amount of activity in the tuning room and lounge. The evening was punctuated with the Commodore's Cocktail Party. The highest number of parked cars was observed at 7:00 PM when 113 of the 114 parking spaces were occupied, see Attachment 4. The counts also show that study Zone 3, Zone 4, Zone 4A, and Zone 5 that are in close proximity to NHYC were parked at capacity. There was a significant amount of parking available in Zone 7 on Balboa Boulevard. Saturday May 5, 2012 Saturday marked the opening clay at NHYC and the clay was punctuated with a significant amount of boating activities, dining and lounge activities and the Skipper Fiesta party during the evening. Parking accumulation counts were taken between the hours of 11:00 ANI and 8:00 PM. There were a consistent number of parked cars in the parking lot, Zone 1 and Zone 2 throughout the clay. The highest number of parked cars observed was observed at 6:45 PM when 130 parking spaces and parking aisles were occupied, see Attachment 5. Vehicles were parked horizontally behind the vehicles that were parked in the parking spaces adjacent to the alley drive. The vehicles adjacent to the alley drive aisles were able Mr. Jeffrey J. Cordon Page G July 5, 2012 exit the site via the alley drive while the parkers in the drive aisle had adequate room to back up and exit normally via 811' Street. The counts also show that study Zone 3, Zone 4, Zone 4A, and Zone 5 that are in close proximity to NHYC were parked at capacity. There was a significant amount of parking available in Zone 7 on Balboa Boulevard. Parking Management Recommendations As discussed above, the existing off - street parking lot that has 114 parking spaces appears to accommodate regular club activities during the week and most weekends periods. When there are special events such as wedding receptions, concerts or, club sponsored activities that coincide with regular boat usage, dining, and lounge activity there could be short periods when the parking spaces provided are not adequate. During these periods it is recommended to continue implementing the parking management measures with some additional recommendations: • Events such as wedding receptions must employ a valet service that will be set up in the off - street parking lot. • During club sponsored events have staff directing parkers in the parking lot to stack park where practical. • Prohibit parking at all times in the public alley. • Prohibit the storage of boats and /or equipment in the off - street parking lots. • Explore off -site, shared parking opportunities for special events. • Erect signage the mandates "No Public Parking" that will be enforced by NHYC. • Provide Employee Parking Guidelines that provide recommendations to employees to park in the most remote portions of the off - street parking lot, or use alternate modes of transportation, not to park in front of any residence on 711, Avenue, 811, Avenue, or West Bay Avenue • Provide a bicycle rack and one designated motorcycle parking space. Continuing the implementation of the parking management measures on an on -going basis and consideration of additional parking management recommendations will ensure that the off-street parking lot will be utilized to its fall extent during periods of usage at NHYC. Conclusion The parking accumulation surveys were conducted during normal activity periods and special events at NHYC. The counts show that during normal Club activity periods the parking demand can be accommodated in the off -site parking lot referred to as Zone 1 and Zone 2. During special events such as weddings, opening weekend festivities, or club sponsored events valet service and implementation of parking management strategies increases the number of cars that can be parked on -site and allows a majority of the guests to use the off - street parking thereby limiting usage of on- street parking spaces. Also having Mr. Jeffrey J. Gordon Page 7 July 5, 2012 staff direct parkers to available parking spaces and utilizing stacked parking will maximize the number of cars that can be parked on -site. Other parking management methods can be employed such as off -site shared parking, employee parking guidelines, signage, and adding bicycle racks and a motorcycle parking space will help encourage employees to use alternative modes of transportation especially during peak parking events. It should be noted that the Opening Day Weekend only occurs once a year and is openly attended by the club members and this year it happened to coincided with Cinco de Mayo festivities on the peninsula. As a result the activity level throughout the clay and evening hours was probably more than what can be expected during most normal non - holiday summer weekends. Additionally, with the NHYC being able to accommodate the majority of their guest within the parking lot, the free and metered parking along the adjacent City streets and along Balboa Boulevard is available to the public visiting the beach. Jeff, the above analysis will provide you with the parking information you need to justify to the City that a reduction in the number of required parking spaces is feasible. Please call me if you have any questions regarding the above information, or if you need any additional information. Sincerely, 4'r Peter S. Kolibaba Principal Associate Attachments PAT 81102(2)- NIIYC- 07052012- Jenrdum Pnrki,igAnalyskdtr.psk Zone 7 - Balboa Blvd ZONE 3 0.D,.,o,,, ZONE 5 -1 TM-FFMTflTl ZONE 2 ; z� F� N •$ W o 9 ZONE 1 ; -Ll I I I I I I I I I I I I I I I fi Rbn 6av A— — ZONE 4 ���ONE 4A ,�•,.�a,,,."��o�.. Newport Harbor Yacht Club Zone 1 - NHYC Parking Lot Zone 2 - NHYC Parking Lot > Zone 3 - 7th Street D Zone 4 - West Bay Avenue (7th Street to 8th Street) n Zone 4A - West Bay Avenue (8th Street to 9th Street) m 3 Zone 5 - 8th Street m Z Zone 6 - Vehicles parked in any yellow or red zone Zone 7 - Balboa Boulevard, between 7th Street and 8th Street Red curbed NO PARKING ZONES D D n S m z -H N Pie paied by national Data 6 Sniveling Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Saturday Date: 4/14/2012 (1) I he on-street parking spaces are not striped. ]he number of parking spaces shown are assumes using a 22 -loot long parking space along lire available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway wall vary due to a drivels parking characteristics. ATTACHMENT Zone? Zone 3. TIME Ee(Curb Adacenit People o5served 0olne I. the neddi.g ES ldeleeed We Metered We (Curb Adjazen) Wesl East Torus 77 Spaces 7790 15 spaces 15s aces 1210 6w 6D! 2:00 PM 1 0 1 10 2 3 17 2AS PM 1 0 1 9 2 3 16 2:30 PM 1 0 1 10 2 3 17 2:45 PM 2 0 1 11 3 3 20 3:00 PM 4 0 1 10 3 2 20 3:15 PM 5 0 1 ii 4 3 24 3:30 PM 5 0 1 10 4 3 23 3 :45 PM 6 0 1 10 4 4 25 4:00 PM 7 0 2 11 +1 5 29 4:15 PM 10 4:43pm (1 car) 0 2 12 4 5 33 4:30 PM 10 0 2 13 4 6 35 4:45 PM 9 0 3 12 4 4 32 5:00 PM 8 0 3 12 4 4 31 5:15 PM 10 5:10pm (2 cars) 0 3 12 4 3 32 5:30 PM 10 0 3 11 4 3 31 5:45 PM 10 0 4 10 4 3 31 6:00 PM 9 0 4 9 4 3 29 .6:15 PM 9 0 5 10 4 3 31 6:30 PM 9 0 5 10 4 4 32 6:45 PM 9 0 4 10 4 4 31 7:00 PM 1 9 0 4 10 4 1 4 31 7:15 PM 9 0 4 1 10 4 4 1 31 7:30 PM 9 0 4 9 4 4 30 7:45 PM 9 0 4 9 4 3 29 6:00 PM 9 0 4 7 4 3 27 6:15 PM 9 0 4 7 4 3 27 8:30 PM 9 0 4 9 4 3 29 6:45 PM 10 0 4 10 4 3 31 9:00 PM 10 0 4 10 4 3 31 9:15. PM 10 1 0 4 10 4 3 31 9:30 PM 10 0 4 10 4 4 32 9:45 PM 8 0 4 1 10 4 4 30 10:00 PM 8 0 5 10 4 1 31 10:15 PM 6 0 5 11 4 4 30 10:30 PM. 6 0 4 11 4 4 29 10:45 PM 6 0 4 11 4 4 29 11:00 PM 6 0 4 11 4 4 29 (1) I he on-street parking spaces are not striped. ]he number of parking spaces shown are assumes using a 22 -loot long parking space along lire available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway wall vary due to a drivels parking characteristics. ATTACHMENT Psepoma by National Data &Surveying SeMtes Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach. Ca Saturday 4/14/2012 IPA Zone Zone 2 TOTALS. TIME Rog Valet Park HC Commotlore Vico Commotloto Real Commutloro Race Co. mllleo Reg Valet Park Parking Spacoe Perconl Occupled Spaces 39 5 7 1 1 1 66 114 2:00 PM 33 0 0 0 0 0 0 26 0 59 52% 2:15 PM 33 0 0 0 0 0 0 27 0 60 53% 2:30 PM 33 0 0 0 0 0 0 31 0 64 56% 2:45 Phi 28 0 0 0 0 0 0 26 0 54 17% 3:00 PM 27 0 0 0 0 0 0 26 0 53 46% 3:15 PM 23 0 0 0 0 0 0 31 0 54 47% 3:30 PM 20 0 0 0 0 0 0 28 0 48 42% 3:45. PM 21 0 0 0 0 0 0 29 0 50 44% 4:00 PM 18 1 0 0 0 0 0 25 1 45 39% 4:15 PM 16 2 1 0 0 0 0 0 23 1 42 37% 4:30 PM 22 3 0 0 0 0 0 24 1 1 1 50 44% 4:45 PM 22 5 0 0 0 0 0 26 2 55 48% 5:00 PM 24 9 1 0 0 0 0 25 8 67 59% 5:15 PM 23 11 1 0 0 0 0 26 18 79 69% 5:30 PM 23 11 1 0 0 0 0 23 22 80 70% 5:45 PM 21 12 1 0 0 0 0 26 22 82 72% 6:00 PM 20 12 1 0 0 0 0 25 24 82 72% 6:15 PM 20 13 1 0 0 0 0 23 26 83 73% 6:30. PM. 18 13 1 0 0 0 0 21 25 78 68% 6:45 PM 20 13 1 0 0 0 1 0 1 20 25 79 69% 7:00 PM 22 13 1 1 0 1 0 0 0 19 1 25 1 80 70% 7:15 PM 22 13 1 0 0 0 0 19 25 80 70% 7:30 PM 21 13 1 0 0 0 0 18 25 78 68% 7:45 PM 21 13 1 0 0 0 0 19 25 79 69% 8:00 PM 22 13 1 0 0 0 0 19 25 80 70% 8 :15 PM 22 13 1 0 0 0 0 19 25 80 70% 8:30 PM 22 13 1 0 0 0 0 19 25 80 70% 8:45 PM 22 12 1 0 0 0 0 19 23 77 68% 9:00 PM 21 12 1 0 0 0 0 18 23 75 66% 9:15 PM 20 10 1 0 0 0 0 1 0 1 18 20 68 60°% 0:30 PM 19 8 0 1 0 0 0 0 18 20 65 57% 9:45 PM 17 7 0 0 0 0 0 18 13 55 48% 10:00 PM 14 8 0 0 0 0 0 18 10 50 44% 10:15 PM W 5 0 0 0 0 0 18 7 44 39% 10:30 PM 14 4 0 0 0 0 0 18 5 41 36% 10:45 PM 14 2 0 0 0 0 0 15 1 32 28% 11:00 PM 14 2 0 0 0 0 0 13 0 29 25% IPA D D (7 m z N Prepared bYlblional pale E Surcelind5eivlaez Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Saturday Date: 4114/2012 (1) The on-street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -loot long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. Zone 4 Zone 4 A Zone 5 Zone G TIME N.Uh People observed golna to the wedding Sou@ People observed going to lbe wedding 6oulb Ylesl East yellow Red TOTALS 56 Spaces 1401 741p 16m Qw 21p 21n Sip 2:00 PM 12 13 11 4 2 2 0 46 2:15. PM 12 13 11 4 2 2 0 46 2:30 PM 12 13 11 4 2 1 0 45 2:45 PM 12 14 12 4 2 1 0 47 3:00 PM 12 13 12 4 2 1 0 46 3:15 PM 12 13 12 4 2 1 0 46 3:30 PM 12 14 12 4 2 1 1 48 3:45 PM 12 13 13 4 2 1 1 48 4:00 PM 11 13 13 4 2 1 0 46 4:15 PM 1 12 1 13 4:1 Open (2 cars) wrest 15 1 4 2 1 0 51 4:30 PM 15 4:25pm (1 car) east 12 4:13pm (2 cars) west 15 4 2 2 1 0 52 4:45 PM 15 14 12 4 2 2 0 51 5:00 PM 15 14 5:05pm,5:10pm,5:13pm (4 cars) 16 4 2 1 0 55 5:15 PM 15 13 16 4 2 1 0 54 5:30 PM 15 12 16 4 2 1 0 53 5:45 PM 15 12 16 4 2 1 0 52 6:00 PM 15 12 16 4 2 1 0 52 6 :15 PM 13 13 16 4 2 1 0 51 6:30 PM 13 13 16 4 2 1 0 51 6:45 PM 1 13 13 16 1 4 2 1 0 51 7:00 PM 13 13 16 4 2 7 1 0 51 7:15 PM 13 12 16 4 2 1 0 50 7:30 I'M 13 12 16 4 2 1 0 50 7:45 PM 13 12 16 4 2 1 0 50 8:00 PM 13 13 15 4 2 1 0 50 8:15 PM 12 14 15 4 2 0 0 49 8:30 PM 12 14 15 4 2 0 0 49. 8:45 PM 12 14 15 4 2 0 0 49 9:00 PM 12 13 15 4 2 0 0 48 9:16 PM 11 13 15 4 1 2 1 0 0 47 -9:30 PM 11 13 15 4 2 0 0 47 9:45 PM 11 12 12 4 2 0 0 43 10:00 PM 10 11 12 4 2 0 0 41 10:15 PM 10 11 12 4 2 0 0 41 10:30 PM 10 11 12 4 2 0 0 41 10:45 PM 10 11 12 4 2 0 0 41 11:00 PM 10 11 12 4 2 0 0 47 (1) The on-street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -loot long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. Prepared by National Data & Surveying Scielres Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Wednesday Date: 512/2012 ATTACHMENT Zone Zone Totals TIME Rep Illegal HC Commodore Vice Conunodore Rear Copunotlore Race Committee. Reg IIIe0al Parking Spaces percent Occupied Spaces 39 5 1 1 1 1 66 114 4:00 PM 27 0 0 0 0 0 0 10 0 37 32% 4:15 PM 27 0 0 0 0 0 0 9 0 36 32% 4:30 PM 25 0 0 0 0 0 0 9 0 34 30% 4:45 PM 24 0 0 0 0 0 0 9 0 33 29% 5:00 PM 25 0 0 0 0 0 1 12 0 38 33% 5:15 PM 23 0 0 0 0 0 1 14 0 38 33% 5:30 PM 22 0 0 0 0 0 1 15 0 38 33% 5:45 PM 21 0 2 0 0 0 1 22 0 46 40% 6:00 PM 26 0 5 0 0 0 1 20 0 52 46% 6:15. PM 24 0 5 0 0 0 1 19 0 49 43% 6:30 PM 23 0 5 0 0 0 1 19 0 48 42% 6:45 PM 24 0 4 0 0 0 1 19 0 48 42% 7:00 PM 24 0 4 0 0 0 1 19 0 48 42% ATTACHMENT Prepared by National Data & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Wednesday Dale: 5/2/2012 TIME Zone 4 Zone 4A Zone 5 Zone :6 Tolals. North South ..141x1 South West East Yellow Red Spaces 14111 151x1 401 21%) 210 5I4 56 4:00 PM 8 5 12 4 2 0 0 31 4:15 PM 7 6 10 4 1 0 0 28 4:30 PM 9 8 11 4 1 2 0 35 4:45 PM 8 6 10 3 1 2 0 30 5:00 PM 8 7 11 4 1 2 0 33 5`15 PM 10 6 9 4 1 2 0 32 5:30 PM 9 8 9. 4 0 2 0 32 5:45 PM 9 8 10 4 0 2 0 33 6:00 PM 10 8 10 4 0 2 0 34 6:15 PM 10 9 11 4 0 2 0 36 6:30 PM f0 9 11 4 0 2 0 36 6:45 PM 10 11 11 4 0 2 0 38 7:00 PM 11 10 11 4 0 2 0 38 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -foot long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Prepared by National Data & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Wednesday Date: 5/212012 (1) The on- street parKing spaces are not striped. I tie number of parKing spaces snows are assumeo using a z &iooi long parKing space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Zone 7 Zone 3 Totals TIME EB(CurD Antacent Parklnp) ES Metered We Metered We (Curb Adjacent kl Parnr7) West East Spaces 1711 15 15 12tt7 6tD 611) 71 4:00 PM 6 0 0 6 3 3 18 4:15 PM 4 0 0 6 3 3 16 4:30 PM 4 0 0 6 2 5 17 4:45 PM 4 0 0 7 1 5 17 5:00 PM 4 0 0 6 3 6 19 5:15 PM 4 0 0 6 4 6 20 5:30 PM 4 0 0 6 4 6 20 5:45 PM 4 0 0 6 4 6 20 6:00 PM 4 0 0 6 4 7 21 6:15. PM 4 0 0 7 4 7 22 6:30 PM 4 0 0 7 4 5 20 6:45 PM 4 0 0 8 4 5 27 7:00 PM 4 0 0 7 4 4 19 (1) The on- street parKing spaces are not striped. I tie number of parKing spaces snows are assumeo using a z &iooi long parKing space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Prepared by Nalto nal Data & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue Day: Friday City: Newport Beach, Ca Dale: 5/412012 ATTACHMENT 4 Zone 1 Zone 2 Totals TIME Reg Illegal HC Commodore Vice ComnieUOre Rear Commodore Race committee Reg Illegal Parking Spaces Percent Occupied spaces 39 5 1 1 1 1 1 66 114 4:00 PM 20 0 2 0 0 0 1 22 1 0 1 45 39% 4:15 PM 17 0 1 0 0 0 1 24 0 43 38% 4:30 PM 17 0 1 0 0 0 1 26 0 45 39% 4:45 PM 15 0 1 0 0 0 1 28 0 45 39% 5:00 PM 14 0 1 0 0 0 0 29 0 44 39% 5:15 PM 19 0 0 0 0 0 0 28 0 47 41% 5:30 PM 19 0 0 0 0 0 0 27 0 46 40% 5:45 PM 20 0 1 0 0 0 0 26 0 47 41% 6:00 PM 25 0 1 0 1 0 0 33 0 60 53% 6:15. PM 36 0 2 0 1 0 0 47 0 86 75% 6:30. PM 39 2 2 1 1 1 0 57 0 103 90% 6:45 PM 39 4 2 1 1 1 1 61 0 110 96% 7:00 PM 39 5 3 1 1 1 1 62 0 113 99% ATTACHMENT 4 Prepared by National Data & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Friday Date: 5/4/2012 TIME Zone 4 Zone 4A Zone 5 Zone .6 Totals North South South West East Yellow Red Spaces 141x1 1411 1511 411 2tr1 211 511 56 4:00 PM 13 10 9 4 2 1 0 39 4:15 PM 11 12 9 4 2 0 0 38 4:30 PM 12 9 10 4 1 0 0 36 4:45 PM 12 12 9 4 1 0 0 38 5:00 PM 13 12 9 4 2 0 0 40 5:15 PM 13 12 9 4 2 1 0 41 5:30 PM 13 12 9 4 2 1 0 41 5:45 PM 13 11 9 4 0 1 0 38 6:00 PM 14 14 12 2 1 2 0 n5 6:15 PM 15 15 14 n 2 2 0 52 6:30 PM 15 15 14 4 2 2 0 52 6:45 PM 15 15 14 4 2 2 0 52 7:00 PM 15 15 14 5 2 2 0 53 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -fool long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along agiven segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Prepared by National Cato & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Friday Date: 5/4/2012 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a ;U-fool long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Zone 7 Zone 3 Totals TIME ES (Curl) Adjacent Parking) EB Metered WE; Metered, WB(Curb Adjacent parking) East Spaces 1710 15 15 12") 60) 6i�) 6n) 71 4:00 PM 2 0 2. 11 3 4 22 4:15 PM 3 0 2 11 3 4 23 4:30 PM 2 0 2 11 3 5 23 4:45 PM 2 0 2 10 3 4 21 5:00 PM 2 0 2 10 4 4 22 5:15. PM 3 0 2 11 4 4 24 5:30 PM 3 0 2 11 4 4 24 5:45 PM 3 0 1 11 4 4 23 6:00 PM 3 0 1 11 4 4 23 0:15 PM 3 0 1 11 4 5 24 6:30 PM 3 0 1 12 4 4 24 6:45 PM 4 0 1 12 4 4 25 7:00 PM 4 0 1 12 4 3 24 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a ;U-fool long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Prepared by National Dala & Surveying Services Newport Harbor Yacht Club Locatlon: 720 West Bay Avenue City: Newport Beach, Ca Day: Saturday Date: 5/512012 ATTACHMENT Zonal Zone 2 TALS TIME Rep Illegal HC Commodore Vice Conunotloro Rear Commodore Race Committee Reg Illegal Parking V Percent Occupied Spaces 39 5 1 1 1 1 68 11:00 AM" 37 1 2 0 1 0 1 56 0 98 86% 11:15 AM 37 1 3 1 0 1 0 56 0 99 87% 11:30. AM 37 1 3 1 0 0 0 58 0 100 88% 11:45 AM 39 1 3 1 0 0 0 57 0 101 89% 12:00 PM 39 1 3 1 0 0 0 61 0 105 92% 12:15 PM 39 5 2 1 0 0 0 63 0 110 96% 12:30 PM 39 7 4 1 0 0 1 66 0 118 104% 12:45 PM 39 9 3 1 0 0 1 65 1 119 104% 1:00 PM 39 9 3 1 0 0 1 66 1 1 120 105% 1` :15 PM 39 9 3 1 0 0 1 66 1 120 105% 1:30. PM 39 10 2 1 0 0 1 66 1 120 1 105% 1:45 PM 39 10 3 1 0 0 1 64 1 119 104% 2:00 PM 39 9 3 1 0 0 1 65 2 120 105% 2:15 PM 39 8 3 1 0 0 1 66 2 120 105% 2:30 PM 39 11 4 1 0 0 1 68 2 124 109% 2:45 PM 39 1 11 1 4 1 0 1 1 66 3 128 111% 3:OO PM 39 11 4 1 0 1 1 66 4 127 111% 3:15 PM 39 11 4 1 0 1. 1 66 6 128 112% 3:30 PM 39 10 3 1 0 1 1 66 8 129 113% 3:45 PM 39 10 3 1 0 1 1 66 8 129 113% .4:00 PM 39 10 3 1 0 1 1 66 7 128 112% 4:15 PM 39 10 3 1 0 1 1 65 7 127 111% 4:30 PM 39 10 3 1 0 1 1 66 7 128 112% 4:45 PM 38 1 it 1 4 1 1 1 1 63 7 127 111% 5:00 PM 39 11 3 1 1 1 1 64 8 129 113% 5:15 PM 37 10 4 0 1 1 0 63 8 124 109% 5:30 PM 37 9 4 0 1 1 0 63 8 123 108% 5:45 PM 37 10 3 0 1 1 0 64 8 124 109% 6:00 Phi 37 10 2 0 1 1 1 64 8 124 109% 6:16 PM 38 10 5 0 1 1 1 60 7 123 108% 6:30 PM 38 10 5 0 1 1 1 58 8 122 107% 0:45 PM 39 10 5 0 1 1 1 64 9 130 114% 7 37 10 4 0 1 1 1 64 9 127 111% 37 10 4 0 1 1 1 63 9 126 111% 37 9 4 0 1 1 1 64 9 126 111 36 9 4 0 1 1 1 65 9 126 111% 36 8 3 0 1 1 1 84 8 122 107% ATTACHMENT Prepared by National Data & Surveying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Saturday Date: 5/5/2012 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -foot long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Zone 4 Zone 4A Zone 5 Zone 6 TIME Spaces North People observed going to the Wedding (Cars) South south West East Yellow. Red Totals 14111 141st 151'1 Or 211 211 511 56 11:00 AM 14 0 15 14 4 2 1 0 50 11:15. AM 16 0 15 13 4 2 0 0 50 11:30 AM 15 0 15 14 4 2 0 0 50 11:45 AM 16 0 15 14 4 2 1 0 52 12:00 PM 16 0 15 14 4 2 2 0 53 12:15 PM 14 0 15 14 4 2 2 0 51 12:30. PM 14 0 15 1 13 4 2 2 0 50 12:45 PM 14 0 15 14 4 2 2 0 51 1:00 PM 14 0 14 14 4 2 2 0 50 1:15 PM 14 0 14 14 4 2 2 0 50 1:30 PM 14 0 16 12 4 2 2 0 50 1:45 PM 14 0 16 12 4 2 2 0 50 2:00. PM 14 0 16 12 4 2 2 0 50 2:15 PM 14 0 16 13 1 4 2 2 1 0 51 2:30. PM 14 0 16 13 4 2 2 0 51 2:45. PM 14 0 16 15 4 2 2 0 53 3:00 PM 14 0 15 15 5 2 2 0 53 3:15 PM 14 0 15 15 5 2 2 0 53 3:30 PM 13 0 16 15 5 1 2 2 1 54 3:45 PM 13 0 16 15 1 5 2 2 0 53 4:00 PM 13 0 16 14 5 2 2 1 0 52 4:15 PM 13 0 16 1 14 5 2 2 0 52 4:30 PM 14 0 16 14 5 2 1 0 52 4:45. PM 14 0 16 16 5 2 1 0 54 5:00 PM 14 0 16 16 5 2 1 0 54 5:15 PM 15 0 16 16 5 2 2 0 56 5:30 PM 15 1 0 16 16 5 1 2 2 1 57 5:45. PM 14 0 15 15 5 2 2 1 1 54 6:00 PM 14 0 15 15 5 2 2 1 54 6:15 PM 15 0 15 15 5 1 2 1 54 6:30 PM 15 0 15 15 5 1 2 1 54 6:45 PM 15 0 15 15 5 1 2 1 54 7:00 PM 15 0 15 15 5 1 2 1 54 7:15 PM 15 0 15 15 5 2 2 0 54 7:30 PM 15 0 15 15 5 2 2 0 54 7A5 PM 13 0 15 15 5 2 2 0 52 8:00 PM 13 0 15 15 5 1 2 2 1 0 52 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -foot long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Prepared by National Data & 5uweying Services Newport Harbor Yacht Club Location: 720 West Bay Avenue City: Newport Beach, Ca Day: Saturday Date: 5/5/2012 TIME Zone 7 Zone 3 EB (Curb Adjacent) Parking EB Metered WB Metered WB (Curb Adjacent) Parking. West East Spaces 17111 1 15 15 12r'r 6111 Or 11:00 AM 13 1 1 10 5 7 11:15. AM 13 1 1 10 4 7 11:30 AM 13 1 1 11 4 7 11:45. AM 13 1 2 12 4 7 12:00 PM 13 1 2 13 4 7 12:15 PM 13 0 2 13 4 6 12:30 PM 13 1 0 1 12 4 7 12:45,PM 12 0 1 11 4 7 1:00 PM 12 0 1 12 4 7 1:15 PM 11 0 1 12 4 7 1:30 PM 11 0 1 12 4 7 1:45 PM 12 0 3 12 4 6 2:00 PM 12 0 3 12 4 6 2:15 PM 12 0 3 13 4 7 2:30 PM 11 0 2 13 4 7 2:45 PM 12 0 2 13 4 7 3:00 PM 12 0 1 13 4 7 3:15 PM 14 0 1 13 4 7 3:30 PM 13 0 2 12 4 7 3:45 PM 13 0 3 12 4 7 4:00 PM 13 0 4 12 4 1 7 4:15 PM 13 0 2 13 4 7 4:30 PM 13 0 1 13 4 7 4:45 PM 14 1 2 13 4 7 5:00 PM 14 1 3 13 4 7 5:15. PM 14 1 3 13 4 7 .5:30: PM 14 1 3 13 4 7 5:45 PM 14 1 3 14 4 1 7 6:00 PM 14 1 3 14 4 7 6:15 PM 14 1 3 13 5 7 6:30 PM 14 2 3 10 5 7 6:45 PM 14 2 3 11 5 7 7:00 PM 14 2 1 6 11 5 7 7:15PM 14 2 5 11 5 7 7:30. PM 13 2 4 10 5 7 7:45 PM 13 2 4 10 5 7 8:00 PM 12 2 5 10 5 7 (1) The on- street parking spaces are not striped. The number of parking spaces shown are assumed using a 22 -fool long parking space along the available curb space and are for reference only. Therefore, the number of parked cars along a given segment of roadway will vary due to a driver's parking characteristics. ATTACHMENT Attachment No. PC 9 Draft Conditions of Approval DRAFT CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. The Minor Use Permit and Planned Development Permit may be modified or revoked by the City Council, 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit and Planned Development Permit or the processing of a new Minor Use Permit and Planned Development Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 9. Prior to issuance of building permits for the proposed project, approval from the California Coastal Commission shall be required. 10. Prior to the issuance of a building permit for the proposed project, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 11. Prior to the issuance of building permits for the proposed project, a final Water Quality Management Plan shall be submitted to and approved by the Building Division. 12. The building materials shall consist of vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails, with the final design to be approved by the Community Development Director prior to issuance of a building permit for construction of the proposed project. 13. The hours of operation are limited to between 8:00 a.m. and 11:00 p.m., Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday. 14. The Parking Management Plan shall be utilized at all times. Any changes shall require review and approval by the Community Development Director. 15. No outside paging system shall be utilized in conjunction with this establishment 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 21. An encroachment permit is required for all work activities within the public right -of -way. 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Harbor Yacht Club including, but not limited to, the General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, Zoning Code Amendment No. CA2012 -006, Minor Use Permit No. UP2012 -016, and Planned Development Permit No. PL2012 -002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Attachment No. PC 10 Historic Resource Report (Summary) HISTORICAL RESOURCES REPORT NEWPORT HARBOR YACHT CLUB REPLACEMENT PROJECT NEWPORT BEACH, CALIFORNIA Prepared for: CITY OF NEWPORT BEACH Community Development Department 100 Civic Center Drive Newport Beach, California, 92660 Prepared by: Joel Levanetz, M.A. Senior Architectural Historian CHAMBERS GROUP, INC. 9909 Huennekens Street, Suite 206 San Diego, California 92121 (858) 541 -2800 November 2013 This page intentionally left blank Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SUMMARY OF FINDINGS (ABSTRACT) The purpose of the following investigation is to document the results of a historic architectural resources survey and assessment completed for the Newport Harbor Yacht Club Replacement Project (project). Chambers Group, Inc. (Chambers Group) conducted the survey and evaluation contained within this report to provide an assessment of current conditions within the project Area of Potential Effect (APE) and to analyze potential project impacts on built environment resources that may result from the demolition and replacement of the current Newport Harbor Yacht Club facility. The analysis complies with state environmental regulations concerning the protection of historic architectural resources. To this end, the study was conducted in accordance with Section 15064.5(a)(2) -(3) of the California Environmental Quality Act (CEQA). The Direct Area of Potential Effect (D -APE) for the proposed project includes the extent of the properties to be demolished. As such, the D -APE is contained within the footprint of the current Newport Harbor Yacht Club facility. Since buildings and structures can be impacted by such indirect effects as land use changes and visual, noise, or atmospheric intrusions beyond the right of way, an Indirect Area of Potential Effect (IN -APE) was also established. The IN -APE includes a 100 -foot buffer surrounding the D- APE. Review of the properties in both the IN -APE and D -APE failed to identify any historical resources potentially eligible for listing in the California Register of Historical Resources (CRHR). Additionally, the investigation revealed that the Newport Harbor Yacht Club and its associated built environment features have undergone extensive nonhistoric - period alterations that have significantly undermined any potential historic integrity of the subject property. As a result of these significant alterations and loss of integrity, the project area does not appear to meet the criteria of eligibility for inclusion in the CRHR either as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project is not expected to directly or indirectly impact or cause a substantial adverse change to any CRHR - eligible properties or historical resources for purposes of CEQA. A formal historical resource evaluation for the Newport Harbor Yacht Club facility can be found in the DPR 523 Series forms in Appendix A. Chambers Group, Inc. i 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California TABLE OF CONTENTS Page SUMMARY OF FINDINGS ( ABSTRACT) .................................................................... .............................II SECTION 1.0 — PROJECT DESCRIPTION ................................................................... ..............................1 SECTION 2.0 — FIELD METHODS ............................................................................. ..............................2 SECTION 3.0 — RESEARCH METHODS ..................................................................... ..............................3 SECTION 4.0— HISTORICAL OVERVIEW .................................................................. ..............................5 4.1 EARLY DEVELOPMENT OF NEWPORT BEACH AND NEWPORT HARBOR ........ ..............................5 4.2 DEVELOPMENT OF BALBOA PENINSULA ........................................................ ..............................6 4.3 EARLY HISTORY OF THE SUBJECT PROPERTY /PROJECT AREA ......................... ..............................6 SECTION 5.0— DESCRIPTION OF HISTORICAL RESOURCES ...................................... ..............................9 SECTION 6.0 — FINDINGS AND CONCLUSIONS ....................................................... .............................10 SECTION 7.0 — FIGURES ....................................................................................... .............................11 SECTION 9.0 — REFERENCES ................................................................................. .............................15 SECTION 10.0— PREPARER'S QUALIFICATIONS ..................................................... .............................16 APPENDICES APPENDIX A — DPR 523 SERIES FORMS APPENDIX B — CORRESPONDENCE APPENDIX C — (CONFIDENTIAL) — RECORDS SEARCH RESULTS APPENDIX D — BACKGROUND AND RESEARCH METHODS LIST OF FIGURES Page Figure 1: Project Location Map ...................................................................................... .............................12 Figure2: Project Vicinity Map ........................................................................................ .............................13 Figure 3: Area of Potential Effect Map ........................................................................... .............................14 Chambers Group, Inc. 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 1.0 — PROJECT DESCRIPTION The proposed project consists of the demolition of the approximately 19,234- square -foot Newport Harbor Yacht Club (NHYC) facility and the construction of a 23,163- square -foot modern facility. The proposed new facility will increase the height of the structure by approximately 7 feet and will roughly follow the current building footprint. Ongoing challenges with flooding from high tides and the ending of the useful life of the 94- year -old structure have resulted in this request. According to the design materials for the new facility, "the material palette of the new clubhouse is designed to match the materials of the existing clubhouse. Primary wall materials are a combination of horizontal siding and board and batten siding, both painted white. Sloped roofs will be covered in an asphalt shingle similar to the existing roofs. Other materials included exposed wood columns and trusses, all painted white to complement the existing clubhouse materials." The NHYC facility was originally constructed prior to the requirement for use permits; however, Use Permit 652 in 1960 approved the R -1 lot at 800 Bay Avenue West, to the west side of the yacht club property, for use of the lot for yacht club purposes. Therefore, the proposed new facility would also be used as the Newport Harbor Yacht Club, and this would not constitute a change in the historical use of the property. Chambers Group, Inc. 1 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 2.0 —FIELD METHODS The D -APE for the Newport Harbor Yacht Club Project was determined by examining the project footprint and the potential for direct impacts to historical resources, including built environment resources, within the project area. As such, the D -APE includes the Newport Harbor Yacht Club facility, including the associated parking lots, storage facilities, and moorings. To analyze potential indirect impacts that could result from the project, an additional Study Area, or Indirect Area of Potential Effect (IN -APE), was extended 100 feet out from the D -APE. The IN -APE includes four residential parcels southwest of the D -APE across West Bay Avenue, two surface parking lots to the north and west, and one undeveloped parcel immediately south. In accordance with regulations put forth by the State Office of Historic Preservation, any properties within or near the project APE were subject to an intensive field investigation. Joel Levanetz, AICP, an architectural historian who meets the Secretary of Interior's Professional Qualification Standards, conducted the intensive architectural history survey of the D -APE and IN -APE on October 15, 2013. During the field survey, each of the properties within or adjacent to the project area was analyzed, photographed, and recorded. Any property determined to have been built prior to 1963 or to be potentially eligible for the California Register of Historical Resources (CRHR) was formally evaluated on DPR 523 series forms. The resulting forms are included as Appendix A. Chambers Group, Inc. 2 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 3.0— RESEARCH METHODS In addition to the field survey, investigators executed general contextual and site - specific research for the relevant properties and the project area. Sources used to conduct this research effort include the City of Newport Beach Planning Department, the Newport Beach Historical Society, the Newport Beach Public Library, the Newport Harbor Nautical Museum Collections, and Los Angeles Public Library databases. Investigators also consulted the California Department of Transportation (Caltrans) Historic Bridge Survey, California Historic Resources Inventory, and NIPS Focus to determine if any properties had been previously surveyed or evaluated. A cultural resources records search for the project area and a 0.5 -mile search radius around the project area was performed at the South Central Coastal Information Center (SCCIC), at California State University. Fullerton on November 6, 2013 (SCCIC# 13491.0168). The SCCIC search included a review of all recorded sites and cultural resources reports on file for that specific area. The results from the information center indicated three cultural resources investigations were previously conducted within the 0.5 -mile search radius. Of the three previous investigations, the SCCIC indicated that none of the studies overlapped with the project area. In addition, seven other unmapped investigations potentially within a 0.5 -mile radius of the project area were located within the Newport Beach, California, 7.5- minute United States Geological Survey (USGS) Quadrangle that are potentially within a 0.5 mile radius of the project area. The SCCIC search failed to identify any archaeological sites located within the 0.5 -mile search radius and did not identify any archaeological sites within the project area. The SCCIC search did identify one aboveground historic built environment resource within the 0.5 -mile search radius. The Historic Property Data File (HPDF) described this resource as the Lovell Beach House (30- 158585). According to the SCCIC search, no aboveground historic resources were mapped within the project area. According to the SCCIC cultural resources records search, no California Points of Historical Interest (CPHI) or California Historical Landmarks (SHL) are located either within the 0.5 -mile search radius or the project area. The CRHR and the National Register of Historic Places (NRHP) indicate one property is located within the 0.5 -mile search radius. This property is the Lovell Beach House (30- 158585), noted above in the HPDF. The property was evaluated in 1974 and assigned Status Code 1S, indicating that it is an individual property listed in the NRHP and the CRHR. Pursuant to the revised implementing regulations of the National Historic Preservation Act (NHPA) found at 36 CFR 800.4(a) (4), Chambers Group investigators contacted the California Native American Heritage Commission (NAHC) to request a review of their Sacred Lands Files. The NAHC responded on November 5, 2013, stating that the Sacred Lands File search did identify Native American cultural resources at the specified site; and, as part of the tribal consultant process, the NAHC provided a list of tribal governments and individuals to determine if any cultural places might be impacted by the proposed action. Chambers Group then sent an informational letter to the groups and /or individuals identified by the NAHC. The letters were sent to the tribal representatives on November 6, 2013. As of this writing, project facilitators have received one response from the informational letter recipients. On November 11, 2013, Joyce Perry, Representative of the San Gabriel Band of Mission Indians, left a general message with Chambers Group regarding the Newport Harbor Yacht Club Replacement Project. Chambers Group, Inc. 3 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California A follow -up phone call was made on November 11, 2013; but no contact was established with Joyce Perry. No further correspondence was received from the remaining letter recipients. Chambers Group, Inc. 4 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 4.0 — HISTORICAL OVERVIEW In an effort to establish a context within which to evaluate properties located in the APE, overarching historic themes were researched. These historic themes include the following: • Early Development of Newport Beach and Newport Harbor • Development of Balboa Peninsula Early History of the Subject Property /Project Area 4.1 EARLY DEVELOPMENT OF NEWPORT BEACH AND NEWPORT HARBOR Following the signing of the Treaty of Guadalupe Hidalgo on February 2, 1848, much of Mexico's northern territory was transferred to the United States of America. At this time, the project area moved from being a portion of the Mexican land of Rancho San Joaquin to being part of United States holdings in what would become the 31st state in the nation. In the decades to follow, the rancho that once belonged to Jose Andres Sepulveda was divided and sold to prominent citizens including Flint, Bixby, and Irvine (NBPL 2013). According to the Historical Resources Element of the Newport Beach General Plan, commercial activity in the area first began in 1870 when a modest ship named the "Vacquero" sailed from San Diego to present -day Newport Beach to exchange lumber for such items as hides, tallow, livestock, and grain (Newport Beach 2006). The landing on the marshy bay was soon termed "Newport" by ranch owner James Irvine and James McFadden. After nearly two decades of trading lumber for local goods at the bayside landing, in 1888 McFadden shifted the focus of commerce to the nearby peninsula. There he constructed a wharf that stretched to deeper waters, accommodating trade with larger vessels (Felton 1981). In the decade that followed the construction of McFadden Wharf, commercial activities in the area expanded dramatically. The trend towards economic growth was further bolstered in 1891 when James McFadden and his brother finished a rail line connecting Newport with the City of Santa Ana. This early commercial expansion abruptly ended in 1899, however, when federal funding allotments were granted to establish a new harbor in San Pedro (NBPL 2013). Given its previous ties with the Southern Pacific Railroad, San Pedro soon became the primary shipping hub for the region, diverting interest away from Newport. McFadden realized his predicament, and by 1902 he sold his wharf, the Newport town site and nearly half of the modern -day Balboa Peninsula. Seeing the potential for the seaside real estate, W.S. Collins and A.C. Hanson purchased the property from McFadden in 1902. Over the next five years, the investors subdivided the land, creating the communities of West Newport, East Newport, Bay Island, Balboa, Corona Del Mar, Balboa Island, and Port Orange. By the end of 1906, Pacific Electric Rail lines were extended from Los Angeles to the newly formed City of Newport Beach, bringing both tourists and new residents. Also in 1916, construction on the Balboa Pavilion was completed. According to the City of Newport Beach, the Balboa Pavilion has been the site of numerous social and cultural activities over the past century and stands as "one of California's last surviving examples of great waterfront recreational pavilions" (Newport Beach 2006). The iconic structure was built by the Newport Bay Investment Company to promote the new city as a Chambers Group, Inc. 5 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California center for water recreation and remains one of the most recognized historical resources on the Balboa Peninsula. In 1907, the physical form of Newport began to take shape when the West Newport canals were dredged to form Newport Island. Nine years later, in 1916, the City of Newport Beach annexed Balboa Island. The city again expanded its holdings in 1923 when it acquired the area of Corona del Mar. Then in 1930, one of the last large -scale development projects influencing the shape of Newport Harbor was undertaken. That year Lido Island was completed following a significant dredging effort (Newport Beach 2006). 4.2 DEVELOPMENT OF BALBOA PENINSULA As noted above, the City of Newport Beach was officially founded in 1906. At that time much of the development for the new municipality was centered near Ocean Avenue and 21st Street (Sanborn 1907). According to historic Sanborn Fire Insurance Maps, local access to Balboa Peninsula during this time was provided by the Pacific Electric Railroad, with tracks extending along Newport Boulevard (Sanborn 1907). Although Sanborn Map coverage for the project area is not available until 1929, earlier map sets indicate that development was concentrated approximately 1 mile north of the proposed project area. In the 1907 Sanborn Map, a skating rink, bowling alley, and the Newport Hotel are depicted between 22nd and 23rd Streets, immediately adjacent to the electric rail line. These attractions are situated among some of the first permanent residences built in the fledgling city. According to the 1912 Sanborn Map, improvements continued near Ocean Avenue and 21st Street. These included the additions of numerous residential buildings, a bath house, a pool facility, a bank, and a grocery store. The city hall building is also located nearby, just south of the railway. In addition to these improvements, development on the Balboa Peninsula began expanding towards the proposed project area in 1912. New construction for this time period appears limited to low density, one - story, single - family houses scattered west of present -day Newport Boulevard. The measured residential development near the proposed project area continued through 1922 and into 1929. The final Sanborn Map update for the City of Newport Beach was completed in 1945. Here, the proposed project area remains a sparsely developed residential area, with the mostly one - story, single family residences dotting the surrounding streets (Sanborn 1945). 4.3 EARLY HISTORY OF THE SUBJECT PROPERTY /PROJECT AREA According to early club commodore Albert Soiland in his 1936 The Saga of Newport Bay and the Newport Harbor yacht Club, the first yacht club to use the area for recreation was the South Coast Yacht Club. The organization was originally founded in 1909 and later became the Los Angeles Yacht Club. Enticed by the development in the young city, including the Pacific Electric Railway connecting Los Angeles to the Balboa Peninsula, Soiland found interest among the South Coast Yacht Club members. In 1911, the organization approved the establishment of South Coast Yacht Club Station A, a Newport Harbor outpost for the Los Angeles yachtsmen. Initially, Soiland describes, ....we SCYC boys were permitted to use the big Pavilion for our headquarters, and one Saturday per month was set aside for our meetings' ( Soiland 1938). Here, founding member Commodore Albert Soiland indicates that the initial headquarters for the area's first yachting organization was the Balboa Pavilion, a 1906 waterfront attraction. Chambers Group, Inc. 6 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California Soon, however, a simple vernacular structure was built for the South Coast Yacht Club within the project area. This one -story building extended over the bay on exposed wooden pilings and served as the South Coast Yacht Club Station A. As is seen in both historic Sanborn maps and early photos, the facility had a square footprint, long hipped roofs on either side of a modest center gabled roof, and a wrap- around porch interrupted by an exposed brick fireplace on the east elevation (NHYC 1991). In the Newport Harbor Yacht Club's published history, the organization states, "[f]or four years Station A struggled against its lack of facilities, its remoteness, and its dangerous, often impossible, harbor entrance... By 1915, the South Coast Yacht Club members had had their spirits dampened once too often, and Station A was abandoned" (NHYC). Concurrent to the abandonment of Station A by the South Coast Yacht Club, the driving force behind the development of Balboa Peninsula, the Newport Town Company, experienced a decline in profitability. Seeing the opportunity to capture the underpriced real estate and revive local interest in yachting, Soiland met with other members of the South Coast Yacht Club in 1916. At the home of Fred Beck, the group founded the Newport Harbor Yacht Club (NHYC) with Soiland as commodore and Andrew H. Wilson as vice - commodore. By the close of 1916, the newly formed NHYC had bought the increasingly dilapidated Station A and had begun restoring the building as their own clubhouse. According to the organization's published history, "[d]espite being restored to useable condition, the old pavilion seemed not to suit the yacht club. By vote, on September 8, 1917, it was decided 'that the proposition from Mrs. Mary Curtis to rent her house, furnished with wharf and one rowboat, and she to pay for the water, be accepted" (NHYC 1991). After nearly two years of operating out of the Curtis residence, the NHYC realized their goal of constructing an appropriate facility for their growing membership base. A Los Angeles Times article dated February 10, 1919, states that "[t]he membership and Building committees of the Newport Harbor Yacht Club have joined forces in their efforts to obtain the construction of a new clubhouse during the coming spring and a location 75x120 feet in size has been obtained and tentatively secured on the south main shore of Newport Bay" (Los Angeles Times 1919). The article goes on to note that the architect of the facility, G. Stanley Wilson, created the plans which include a two -story structure with a 50 -foot bay front porch. The first floor would contain a lounging room, a dining room, a smoking room, a kitchen, a ladies' restroom, a screen porch, and a pantry while the second level would feature sleeping dormitories, bedrooms, toilets, and bathrooms. Despite several articles mentioning plans for a new facility with two stories, available historic images and Sanborn maps depict the 1919 NHYC building as having just one story. Notably, the 1922 Sanborn Map for the project area depicts a footprint similar in shape to the original design. By the 1929 Sanborn Map, however, the facility appears to have expanded to the west, following the addition of club rooms. The rectangular shape created by the late 1920s addition appears to be consistent with the project area footprint depicted in the 1945 Sanborn Map. In the late 1960s, the facility underwent perhaps its most aggressive and ambitious construction campaign. As noted in the NHYC published history: Health inspections and then a fire forced the club to remodel the galley... After months of fighting a losing battle with the health and restaurant authorities, the last Board of Directors meeting authorized $25,000 for a complete rejuvenation of the galley. Then the galley experienced a damaging fire on Wednesday, December 13. Temporary repairs were completed in eight days and we were again in operation for the holidays. In May the refurbishing of the galley was completed ... In November 1966, remodeling of the entire west side of the clubhouse was announced: The present west portion of the Chambers Group, Inc. 7 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California building will be completely torn out with the exception of the Pirates Den. This has necessitated developing temporary office accommodations for our clerical staff and powder rooms for both boys and girls... (NHYC 1991) According to available photographs, the nonhistoric - period remodeling begun in 1966 along with the acquisition of and expansion into adjacent lots dramatically altered the style and design of the clubhouse. The NHYC states, "[tjhe remodeling and acquisition resulted in the configuration of the clubhouse and grounds much as they are today" (NHYC 1991). Chambers Group, Inc. 8 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 5.0— DESCRIPTION OF HISTORICAL RESOURCES The proposed project site is located in a developed area located on Balboa Peninsula in the City of Newport Beach, California. The project area currently consists of a two -story recreational building located on the north side of West Bay Avenue between 7th and 8th Streets. The surrounding area is characterized by one- and two -story residential buildings as well as maritime recreation properties such as docks, slips, and open -air boat storage areas. A nonhistoric - period parking lot is located south of the Newport Harbor Yacht Club. Nonhistoric - period overhead street lights and roadway improvements are located adjacent to the subject property. In accordance with Section 15064.5(a)(2) -(3) of the California Environmental Quality Act, an investigation was undertaken to identify historical resources within the D -APE and IN -APE for the project. In order to consider substantial adverse changes that may alter any of the characteristics of a historic period property that qualify it for inclusion in the CRHR, the NHYC and its associated built environment features were included as part of the area of potential effect for this investigation. As such, the yacht club facility, the adjacent open -air boat storage area, the moorings, and the outbuildings were formally evaluated for potential eligibility for inclusion in the CRHR. (See Appendix A of the attachments). After close examination of all available materials and information, it appears that the NHYC property as a whole is not eligible for listing to the CRHR and does not appear to be a historical resource for purposes of CEQA. As a result of several significant nonhistoric - period alterations, including extensive remodeling throughout the 1960s, the property has lost its historic integrity of all aspects or qualities with the exception of location. The location of NHYC is not associated with a notable or recognized historic event. As a result, the property does not demonstrate a level of significance or appear to meet the criteria of eligibility for inclusion in the CRHR based on its current appearance and form. Due to the property's previous loss of integrity, the Newport Harbor Yacht Club Replacement Project is not anticipated to result in an impact to any historical resources or cause a substantial adverse change to any of the characteristics of a historical resource that qualify it for inclusion in the CRHR. Chambers Group, Inc. 9 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 6.0 — FINDINGS AND CONCLUSIONS Upon review of the proposed project actions, data gathered during the site survey, and information acquired through historical research, Chambers Group recommends that the Newport Harbor Yacht Club is not eligible for listing to the CRHR and does not appear to be a historical resource for purposes of CEQA. The design, setting, materials, workmanship, feeling, and association of the Newport Harbor Yacht Club have been undermined by nonhistoric- period additions to the building and adjacent development such as the 1960s remodel and expansion of the clubhouse facilities. As such, the project undertaking is not anticipated to result in an additional effect to any potential historical resources or alter any of the characteristics of a historical resource that qualify it for inclusion to either the CRHR or the NRHP. Secondly, as a result of significant alterations and the removal of important character - defining features including one -story design and modest rectangular floor plan, the Newport Harbor Yacht Club no longer retains integrity to a level that it would be considered eligible as an individual property or as a contributing property to a potentially historic district. While initial investigations indicate that several early members of the yacht club were active in civic engagements and local development, research has failed to directly associate the subject property with significant historic events or the productive life of individuals instrumental to the development of the City of Newport, Orange County, or California (Criteria 1 and 2). The Newport Harbor Yacht Club does not significantly embody the distinctive characteristics of a style, type, or period or represent the work of a master and is not a distinctive example of an architectural style or technique (Criterion 3). Significant alterations have undermined the property's ability to convey any historical significance as an early 1900s yacht club and waterfront pavilion. Finally, the property has neither yielded, nor appears likely to yield, information important in prehistory or history (Criterion 4). Pursuant to Section 5024.1(8) of the California Environmental Quality Act, Joel Levanetz, M.A., who meets the Secretary of the Interior Professional Qualifications as an Architectural Historian, has determined that no properties are present within the project APE that appear either historically or culturally significant. Accordingly, the project is not expected to directly or indirectly affect any CRHR- eligible historical resources or cause a substantial adverse change to historical resources as defined by CEQA. Chambers Group, Inc. 10 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 7.0 — FIGURES Chambers Group, Inc. 11 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California Figure 1: Project Location Map Chambers Group, Inc. 12 20681 Kern ] I - ---------- ..:.rl� - - - - - -� 1 Pr, lRi Tsai I I 1 S'J I � I Ventura Los Angeles Alirp r _ J ' � P4Y"H•9L ��J 60 $'JI fJ 1dw r•:rne dAslY aHy I —\ W11 Air. r :0 `11L San Arnardino Project Location ver -- r - - - - -I pm N A 10 0 10 20 Miles 20 0 20 ® Kilometers 1:1,250,000 NEWPORT HARBOR YACHT CLUB PROJECT PROJECT LOCATION MAP FIGURE 1 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California Figure 2: Project Vicinity Map Chambers Group, Inc. 13 20681 c� N j � U <<cb -N 'Z7 11010 - f.ip4� S 2 n• Vviupnr! Ila q Harbor fiiaml PROJECT LOCATION Ne_.wpnrt - . a H`�c � °P Beach A, r z ri F 4boa IP'fpn N 0 500 1,000 Feet Service Layer Credit: Sources: Esri. DeLonne, NAVTEO. TomTcm. Intermap, increment P Carp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, ION, Kadaster NL, Ordnance Survey, Een Japan, METI. Eari China (Hong Kong(, swisstopo, and the GIS User Community PROJECT VICINITY MAP NEWPORT HARBOR YACHT CLUB PROJECT FIGURE 2 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California Figure 3: Area of Potential Effect Map Chambers Group, Inc. 14 20681 .. AOF so IWO k I �r r lt'YG.n •ak ' �]- i +' 1' Var Ao • • y Service Layer Credits: Copy Fan, A 11 steps ps and tiS Us S, A_ T � - -�i'YG P, swisstapo, and the GIS User Project Legend Figure 3 Potential Direct Effects APE Newport Harbor Yacht Club Project M Potential Indirect Effects APE IN 1 50 100 200 1 F ; Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 8.0— REFERENCES Association of Environmental Professionals 2012 California Environmental Quality Act (CEQA), Statutes and Guidelines. AEP, Palm Desert, California. City of Newport Beach (Newport Beach) 2006 City of Newport Beach General Plan: Update EIR. City of Newport Beach, California. Felton, James P. 1981 Newport Beach 1906 — 1981: A Diamond Jubilee History. Newport Beach Historical Society. Newport Beach, California. Hanna, Paul T. 1951 The Dictionary of California Land Names. The Automobile Club of Southern California. Los Angeles, California. Los Angeles Times 2013 ProQuest Historic Database. Various. Retrieved October 2013, from http://search.proquest.com. Newport Beach Public Library (NBPL) 2013 Newport Beach Chronological Timeline. Newport Beach Public Library. Accessed at http://www.newportbeachca.gov/nbpl/aboutnbpl/newport beach ti me_I i ne. htm Newport Harbor Yacht Club (NHYC) 1991 Newport Harbor Yacht Club: 75 Years. Newport Harbor Yacht Club. Balboa, California. Office of Historic Preservation 1995 Instructions on Recording Historical Resources. California Office of Historic Preservation. Sacramento, California. Sanborn Fire Insurance Company 2013 Sanborn Fire Insurance Maps: 1907, 1912, 1922, 1929, 1949. Accessed at http://sanborn.umi.com.ezproxy.lapI.org/ Soiland, Albert 1936 The Saga of Newport Bay and Newport Harbor Yacht Club. Newport Harbor Yacht Club. Balboa, California. United States National Park Service (National Park Service) 1983 Secretary of the Interior Professional Qualifications Standards. United States Department of the Interior, Washington, D.C. Chambers Group, Inc. 15 20681 Historical Resources Report for Newport Harbor Yacht Club Replacement Project Newport Beach, California SECTION 9.0 — PREPARER'S QUALIFICATIONS Joel Levanetz, MA, Lead Architectural Historian Mr. Levanetz is a Secretary of the Interior Professional Qualified Architectural Historian. During his eight years of experience, Mr. Levanetz has applied his knowledge and ability to a range of projects, including historic survey reports, historic resources assessments, Historic American Building Survey (NABS) /Historic American Engineering Record (HAER) documentation, and DPR 523 series form preparation. Mr. Levanetz possesses a detailed understanding of relevant regulations and ordinances that affect historic properties, such as Sections 106 and 110 of National Historic Preservation Act (NHPA), the National Environmental Protection Act (NEPA), the California Environmental Quality Act (CEQA), and the Secretary of Interior Standards for the Treatment of Historic Properties. He has applied this understanding to a breadth of historic assessments and determinations of eligibility across a range of administrative levels including local, state, and National Register of Historic Places (NRHP). Among the agencies served by Mr. Levanetz are the Department of Defense (DoD), Federal Emergency Management Agency (FEMA), Bureau of Land Management (BLM), California Energy Commission (CEC), Federal Communications Commission (FCC), Federal Aviation Administration (FAA), Department of Housing and Urban Development (HUD), California Department of Transportation (Caltrans), as well as countless local agencies and private clients. Chambers Group, Inc. 16 20681 Attachment No. PC 11 Project Plans J � -X- PARCEL 9 BOAT � TORAG 0.13 ACRES 1 TOTAL SITE AREA 2.75 ACRES H W Ill 00 Ali O O 139' -8" 145'- 8 " - - - - -- -'\- r— -- ® - - - -® - -� I r-- - - - --� I I UI PARCEL 6 BOAT STORAGE AREA 1.69 ACRES OPARCEL 5 I? 4 ) ( 5 PARCEL 4 PROPOSED REPLACEMENT CLUBHOUSE APN #: 048 010 03 PARCEL 1 PARCEL 2 [-1, ON LU Z - J oY 'U 7 I- DASHED LINE REPRESENTS EXISTING BUILDING TO BE DEMOLISHED -- I i I I L7 I � I I O I I I \ or V d Q 3 j 10 I a � 4 (V O W. BAY AVENUE I L EXISTING PARKING (123 SPACES) 0.93 ACRES O EXISTING TRASH ENCLOSURE O NEW SLIDING GATE FOR ACCESS TO BOAT YARD O RELOCATED PROJECT SIGN (MOUNTED TO FENCE) O NEW FENCE (BOARD AND BATTEN - 8' HIGH) O EXISTING DRIVEWAY TO BOATYARD TO REMAIN O EXISTING DOCKMASTER OFFICE TO REMAIN (NO WORK) O EXISTING MAINTENANCE SHED TO REMAIN (NO WORK) O EXISTING RESTROOM BUILDING TO REMAIN (NO WORK) O RELOCATED PEDESTRIAN CROSSWALK 10 LANDSCAPE PLANTER (HATCHED AREA AT STREET SIDE OF NEW BUILDING) SITE KEYNOTE LEGEND W. BALBOA BOULEVARDy -- —�— —�— x X BEACH O , I O- PARCEL 3 >6T) U0 0 PARCEL 8 BOAT STORAGE AREA nnnnnnnnnnnnnnn�n���. BUILDING AREA CALCULATIONS BUILDING HEIGHT Fm A 1 DATE Issue Date REFER TO SHEET A4 FOR BUILDING ELEVATIONS SCALE EXISTING STRUCTURES (SHADED AND KEYNOTED ABOVE) 0 EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED MAINTENANCE SHED - 574 SF MAXIMUM HT (PEAK OF SLOPED ROOF) - 36' -3" ABOVE GRADE V a U DOCKMASTER'S OFFICE - 122 SF MAXIMUM HT (FLAT ROOF) - 26' -6" ABOVE GRADE RESTROOM BUILDING - 569 SF TWO SLOPED ROOF AREAS EXCEEDS THE DEVELOPMENT STANDARD OF 31' PER NBMC SUBTOTAL - 1,265 SF 20.30.060.C.2.C. (ALTHOUGH MAJORITY OF ROOF AREA FALLS BELOW THIS LIMIT). THIS M 0 APPLICATION INCLUDES SEPARATE JUSTIFICATION FOR A HEIGHT INCREASE PER NBMC NEW BUILDING Q w a Z 20.30.060.C.3 TO 35' FOR FLAT ROOFS AND 40' FOR SLOPED ROOFS. FIRST FLOOR GROSS AREA - 14,300 SF a W a SECOND FLOOR GROSS AREA - 8,863 SF PARKING CALCULATIONS TOTAL - 23,163 SF CO w THE PROJECT IS SERVED BY 123 EXISTING PARKING SPACES IN THE PARKING LOT ACROSS O= SITE TOTAL 24,428 SF WEST BAY AVE. THIS AMOUNT DOES NOT MEET THE PARKING REQUIREMENT OF 1 SPACE PER 35 SF OF ASSEMBLY SPACE (7282 SF If 35 = 209 SPACES). A SEPARATE PARKING GROSS AREA CALCULATED IN ACCORDANCE WITH NEWPORT MANAGEMENT PLAN HAS BEEN INCLUDED WITH THIS APPLICATION TO ADDRESS THE BEACHMUNICIPAL CODE CHAPTER 20.63. PARKING DEMAND FOR THE PROJECT. THIS TOTAL EXCEEDS THE ALLOWABLE AREA LIMIT PER ANOMALY NO. 67 (20,000 SF), AND REQUIRES AMENDMENTS TO THE GENERAL PLAN AND ZONING CODE TO INCREASED AMOUNT OF 25.000 SF. DEVELOPMENT STANDARD CALCULATIONS WERE PERFORMED BY: MVE & PARTNERS CONTACT: JEFF LARSEN 949.809.3388 AREA, HEIGHT AND PARKING CALCULATIONS F- LU Ill vV, W SAY AV�\ gq�8 Oq B� VO PACIFIC OCEAN i -X PLANNING SITE PLAN 1pl= 20' -01 1 NEWPORT BAY -co i- co VICINITY MAP REVISIONS DESCRIPTION Fm A 1 DATE Issue Date V SCALE M LLI W 0 EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED �O 0 DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, V a U Fm U V Z w a Uj m 0 M 0 Q w a Z �a > 0 a W a _ � m Imm W CO w O= N a O o W m Z J V REVISIONS DESCRIPTION DATE A 1 DATE Issue Date SCALE As indicated 0 EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS 0 DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. 0 0 0 SHEET TITLE SITE PLAN SHEET NUMBER 2008 -10214 A 1 DATE Issue Date SCALE As indicated THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARANQ, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. c� a4 MaLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809.3388 F 949.809.3399 inf o @m ve -a rc h itects_ c o m www.mve-architects.com Architecture Planning Interiors M r T\ VJ a H H w a Z Z Z i a III ❑ 139'- 10 1/2" 0III 12'- 2" 33' -51/2" III 95' -10" II III 9' -0" 53' -10" 18' -31/2" 12' -2" ❑i ID DIN DN ❑ - - - - _ NORTH S - ELEVATION- BE EXISTING MAST TO ERTY LINE = PROP Goo I Terrace I I I I II ❑ - I- - - -- -- - - - -- --- - - ❑ ❑�❑ Service 38 --- - - - - -- _ _ _ _ N 1 . ❑, ❑ - - -___ ____ II 0 68 SF , J ❑ ❑ ❑ ❑ ❑ ❑ I I UU El Cj Pirates / L Den Bar ❑�- ❑ =___ ❑ Bar - - - - - -' ❑ ❑ ��i �y -❑ r <V N N N N M 0 N "v (V N Storage 139 52 SF Z 0 a �w w A4 L'-' 4 107 40 SF SHOWER 108 41 SF SHOWER 109 41 SF SHOWER 110 38 SF //1 1,Q1 0 \ I � \ \ F 7 L II Non-C Men's Restroom 166 131 ,SF ❑J -I-I ❑ Lounge 117 484 SF I x I El Racing O -c Z ke Room 126 Women s \ Restroom I JA, 5 di v 180SF \ i _ x 'I Dry Goods 127 269 SF 113 -� - -- -_ -_ -_ EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED 480 SF MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR MACH. RM 125 - -- ELEV. _ _ _ _ - IMACH.� 77 S ❑� 77 S Jr. Sailing O Director 114 O C 1.68 -SF II ❑alm Deck I Non -Calm Women's 11 Room Restroom I 104 105 1 614 SF JR 132 SF I SAILING U \� ( y ❑ ❑ \i ®_® STORAGE 137 122 SF 1 „ XI Vestibul 112 36 SF Grand Hall 111 602 SF ❑ Service Casual ormal Bar Dining Dining 120 F 118 119 152 SF 945 SF ❑ 484 SF i-fl Imo. Boardroom 122 0 Men's Restroom 124 , 207 SF -- Atrium x ` 103 Ship's L❑ 497 SF Store � - 102 \ P 254 SF a MM u O O -c Z ke Room 126 DESCRIPTION DATE di 11h SCALE \ i _ x 'I Dry Goods 127 269 SF Snack Bar 210 S \ - -- -_ -_ -_ EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED DO MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR MACH. RM 125 - -- ELEV. _ _ _ _ - IMACH.� 77 S ❑� 77 S \ \ x �I Break Room Deliveries 1 Room 129' _ -------------- ----------- - - -- ® 00Lj - iF-34� I- 123 SF 72S I 329 SF Reception _ \ i FL— Lobby 1 101 Table 100 106 SF Chair II _ 455 SF 1 x Storage II Bar Chefs �LLM D Storage Office ® ® ® FEE 0 508 SF II 135 133 _i ❑ II 315 SF 132 SF r a LID II - O- - 0 0 - - - -- - -- -------- - - - - -- 0 3/4" 39'- 21/2" 20' - 10 1/2" 72'- 21/2" SOUTH Y ELEVATION Restroom DD w 3 RAISED PLANTER 132 U) m ° _ ¢ —qq 7.8_SF N (N) ACCESSIBLE 6'- 7" DECK RAMP Z - -- o �w ww 2 JA4 (E) LINE OF BULKHEAD I I I F 1 I DN \❑ \ I IDN Elec. 130 J 39 SF (V r N d N M N g a d' M a N M T - - - - - -- 5'- _ PR 4 3/4" OPERTY LINE LEVEL 1 FLOOR PLAN 1 1/8"=1-4' 11 REVISIONS DESCRIPTION DATE DATE Issue Date V SCALE M W W THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARANQ, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED DO MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, V a U FM U V Z w a W m LLI a. V O W a Z �a > Q a W _ � m FM W Cl) LU O=) 3.0 N a O o T i ~ W m Z J V REVISIONS DESCRIPTION DATE DATE Issue Date SCALE 1/8" = V -0" THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARANQ, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. FFTITLE ST FLOOR PLAN SHEET NUMBER 2008-10214 DATE Issue Date SCALE 1/8" = V -0" THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARANQ, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. w Z McLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809.3388 P 949.809.3399 inf o @m ve- architects -c o m www.mve-architects.com Architecture Planning Interiors `law. V Z Z qZ J a REVISIONS DESCRIPTION Fm A3 DATE Issue Date V SCALE M W W 0 EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED DO 0 DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, V a U 0 Fm U L 0 V Z w a W m 0 0 W a. Ov w m a Z �a > 0 a W a _ � m Fm W Cl) w O� N a O o T i ~ W m Z J V REVISIONS DESCRIPTION DATE A3 DATE Issue Date SCALE 1/8" = V -0" 0 EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS 0 DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. 0 L 0 0 0 0 SHEET TITLE SECOND FLOOR PLAN SHEET NUMBER 2008-10214 A3 DATE Issue Date SCALE 1/8" = V -0" THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARANQ, VASQUEZ, EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2008. c� W Z MaLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809.3388 P 949.809.3399 inf o @m ve- architects -c o m www.mve-architects.com Architecture Planning Interiors J a H H m H W a 0 Z Z qZ J a c� w Z MaLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809.3388 IF 949.809.3399 inf o @m ve -a rc h itects_ c o m www.mve-architects.com Architecture Planning Interiors Harbor View - NE Street View Harbor View - NW Street View #2 U m W Zj 0 Va � Fm U C) Z w Q W m � m W W W 0 m Q z � a > aW a W oc Cj) W 0=) 3: a0 ° N 2 ~ W m Z � V REVISIONS DESCRIPTION DATE A6 DATE Issue Date 0 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ. EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED 0 MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, 0 0 0 0 0 0 0 SHEET TITLE PROJECT IMAGES SHEET NUMBER 2008 -10214 A6 DATE Issue Date scuE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ. EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, ® COPYRIGHT 2008. to r� Z McLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809,3388 r 949.809.3399 info @mve- architects.com www.mve-archftects.com Architecture Planning Interiors J Q H H m U) H w M Z Z Z Q J a NW Corner View SW Corner View NE Corner View SE Corner View U m W Zj 0 Va � Fm U C) Z w Q W m � m W W W 0 m Q z � a > aW a W oc Cj) W 0=) 3: a0 ° N 2 ~ W m Z � V REVISIONS DESCRIPTION DATE A7 DATE Issue Date 0 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ. EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED 0 MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, 0 0 0 0 0 0 SHEET TITLE AERIAL IMAGES SHEET NUMBER 2008 -10214 A7 DATE Issue Date scuE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MCLARAND, VASQUEZ. EMSIEK & PARTNERS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF MCLARAND, VASQUEZ, EMSIEK & PARTNERS INC. ALL RIGHTS RESERVED, ® COPYRIGHT 2008. to r� Z McLarand Vasquez Emsiek & Partners, Inc. 1900 Main Street, Suite 800 Irvine, California 92614 T 949.809,3388 r 949.809.3399 info @mve- architects.com www.mve-archftects.com Architecture Planning Interiors J Q H H m a Z Z Z Q J a January 23, 2014 Attachment No. PC 5 Parking Management Plan Parking Management Plan (PA2012 -091) 720 West Bay Avenue January 23, 2014 The following Parking Management Plan is provided in conjunction with Planned Development Permit No. PL2012 -002, pursuant to Section 20.40.110 (Adjustments to Off - Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with reducing the required off - street parking by 95 parking spaces as required by Chapter 20.40 of the Zoning Code: • A minimum of 114 off - street parking spaces shall be provided; • Special events with over 100 guests anticipated, including wedding receptions and Newport Harbor Yacht Club ( "NHYC ") sponsored events when increased parking demand is expected, shall employ a valet service that will be set up in the off - street lot; • A valet plan shall be reviewed and approved by the Public Works Department; • Attendance for special events shall be limited to a maximum of 225 people, unless otherwise approved through a Special Event Permit; • Should parking for special events create an adverse effect on the area, the Community Development Director shall have the authority to limit attendance; • Continue to utilize NHYC staff to control parking on summer weekends or other periods of high parking demand to both direct stacked parking where practical and eliminate public usage of the parking lot; • Prohibit parking at all times in the public alley; • Prohibit the storage of boats and /or equipment in the off - street parking lot; • Explore off -site shared parking and remote shuttle bus opportunities for special events such as nearby churches and other private users with off - street parking capabilities; • Erect signage that mandates "No Public Parking" and enforce same with NHYC personnel as required; • Employees and people working on boats at the NHYC facility are required to park in the NHYC parking lot. • Provide Employee Parking Guidelines requiring employees to (a) park in the most remote sections of the lot, (b) use alternate modes of transportation where possible, (c) car -pool where practical, and (d) not park in on- street spaces; • Provide bicycle racks and at least one designated motorcycle parking space in addition to the parking spaces; • Send advance blast a -mails to select affected groups or membership at large, advising of potential adverse parking conditions; • Encourage the use of watercraft to access NHYC by those with that ability; • Encourage those members living in close proximity to walk to the Club; and • Future redevelopment of the parking lot or changes to the layout shall require review and approval by the Planning Division and Public Works Department. January 23, 2014 Attachment No. PC 6 Parking Information [010Vf lf•IXI•[I971TTA III NJ To: Fern Nueno @ City of Newport Beach Planning Department From: Jeff Gordon, Newport Harbor Yacht Club RE: Response to public comments — December 19th Planning Commission Meeting Date: January 10, 2014 At the December 19th Planning Commission meeting, Mr. Ken Jacobs, a resident of 7th St. near the yacht club, commented that at times cars parking on 7th street associated with club activities could or should be parking in our lot instead. Specifically, Mr. Jacobs believes that the cars in question belonged to employees, boat maintenance people and /or members during bigger events when the lot might be crowded. Mr. Jacobs, who otherwise approves of what we are planning, wondered if there is way to limit cars connected in some fashion to the yacht club to utilize the parking lot initially versus the street. As he stated, parking on the peninsula is "notoriously bad" and we concur. NHYC is very concerned with the relationships we have with our neighbors and do everything we can to minimize any inconvenience to them. We have tried to observe the situation on 7th street periodically over the past three weeks in an effort to see how we can help alleviate any parking issues. While by no means scientific, we tried to track parking tendencies on 7th Street (and somewhat Bay Avenue) at various times during the day over several weekdays and weekends. Here are our observations: • There are spaces for 11 average sized vehicles on 7th St. between Balboa Blvd. and Bay St. • Several vehicles occupied the same or adjacent space all day many of the days /times; residents ?; • We did not notice any cars with NHYC stickers on them parked on 7th Street; • There were a few marked as, and /or appeared to be, yacht maintenance trucks parked on 7th Street at various times; • One worker parked on 7" and accessed the Club using the key -pad code to open the "beach gate" on Bay Ave; • Several NHYC staff members were observed parking on Bay Ave.; • At least a few cars parked on 7th Street and the drivers walked to the Buena Vista Promenade for boat parade viewing. We also observed that most contractors coming to work on member's boats generally do park in our lot or on Bay Avenue in front of the Club. Normally they have tools, parts, etc. with them and seek the closest possible parking spot to where they can utilize one of our dock carts and get to the work dock and /or out to a boat on a mooring using our shore boat service. We assume that the worker observed accessing the Club via the Bay Avenue gate was servicing one of the boats in our 13 slip marina located on our easterly boundary. If so, that WOULD make it closer for him to park on Bay Avenue or 7th street. In talking to a couple of yacht maintenance personnel, we learned that when they service yachts berthed along Buena Vista Blvd. (non -yacht club affiliated) they are required to park on Bay or 7th, as there is no street parking on Buena Vista Blvd. at all. While we were not able to draw any definite conclusions from the above observations, nor can we restrict anyone from parking on a public street, we will take the following internal steps that may help somewhat: Amend our Parking Management Plan to better emphasize that employees are to park in the lot; Notify the 13 marina tenants to NOT give maintenance workers the code and therefor access to the marina via the "beach gate "; they are required to check in with staff; Give all contractors "rules" to park in the lot AND check in with staff. January 23, 2014 Attachment No. PC 7 Charter Section 423 Analysis Newport Harbor Yacht Club GPA (PA2012 -091) Charter Section 423 Analysis Current Current Existing Traffic Land Use Proposed Proposed Proposed Traffic Land Use Total du Total square Address Description Current GP density Intensity/floor area Description Existing AM Existing PM Proposed GP density Description Proposed AM Proposed PM AM Change PM Change changes footage changes Areansity/Floor Area GENERAL PLAN AMENDMENT NO. GP2010 -006 - STATISTICAL AREA D2 #220 - Apartment #230 - Residential /Condominium (0.51AM /0.62PM trips per 500 West Balboa Blvd. 2113- square -foot lot is fully RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,584.75 unit) & Commercial blended 5.26 6.96 4.38 5.88 -1 1,584.75 developed with a coffee shop per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 4,202- square -foot lot is fully #230 - Residential /Condominium (0.51AM /0.62PM trips per 504 West Balboa Blvd (inc. 048 -071- developed with a vacant RT 4 o Townhouse (0.44AM /0.54PM trips 1.76 2.16 MU -V 2 3,151.50 unit) & Commercial blended 996 1323 8.20 11.07 -2 3,151.50 18) Laundromat &parking lot per unit) rate per Council Policy A -18 (3.0 AM 8 4.0 PM trips per 1,000sf) #220 - Apartment #230 - Residential /Condominium (0.51 AM /0.62PM trips per 506 West Balboa Blvd. 2,101- square -foot lot is fully RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 developed with Vacant retail per unit) rate per Council Policy A-18 (3.0 AM & 4.0 PM trips per 1,00081) #220 - Apartment 2,101 -square-foot lot is fully #230 - Residential /Condominium (0.51AM /0.62PM trips per 508 West Balboa Blvd. developed with commercial - RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU-V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 Promelis Market per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) 2,101- square -foot lot is fully #230 - Residential/Condominium #220 - Apartment & 510 West Balboa Blvd. developed with a new mixed RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,575.75 Commercial blended rate per 5.24 6.92 4.36 5.84 -1 1,575.75 use building per unit) Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000sf) #220 - Apartment 2,101- square -foot lot is fully #230 - Residential /Condominium (0.51 AM /0.62PM trips per 512 West Balboa Blvd. developed with a restaurant RT 2 0 Townhouse (0.44AM/0.54PM trips 0.88 1.08 MU -V 1 1,575.75 unit) & Commercial blended 5.24 6.92 4.36 5.84 -1 1,575.75 & residence per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,000s1) #220 - Apartment 2,098- square -foot lot is fully #230 - Residential /Condominium (0.51AM/0.62PM trips per 514 West Balboa Blvd. developed with a hair shop & RT 2 0 Townhouse (0.44AM /0.54PM trips 0.88 1.08 MU -V 1 1,573.50 unit) & Commercial blended 5.23 6.91 4.35 5.83 -1 1,573.50 residence per unit) rate per Council Policy A -18 (3.0 AM & 4.0 PM trips per 1,00061) TOTAL STATISTICAL AREA D2 16 0 7.04 8.64 MU -V 81 12,612.75 41.41 54.79 34.37 46.15 -8 12,612.75 80% OF PREVIOUS AMENDMENTS 27.52 36.96 10,090.20 GENERAL PLAN AMENDMENT NO. GP2012 -003 - STATISTICAL AREA D2 General Plan Public, Semi - 33,858- square-foot lot is fully General Plan Public, Semi - Public & Public & Institutional (1.50 720 West Bay Ave, developed with the Newport PI 0 20,000 Institutional (1.50 AM and PM trips 30.00 30.00 PI 0 25,000 AM and PM trips per 1,000 37.50 37.50 7.50 7.50 0 5000 Harbor Yacht Club per 1,000 square feet of grass Floor square feet of gross floor area) per Council Policy A -18 area) per Council Policy A- 18 General Plan Public, Semi -Public 5,705- square -foot lot used for #210 Single-Family gle-Fa ily Detached #210 Single - Family Detached & Institutional (1.50 AM and PM 800 West Bay Ave. boat storage for the Newport RS -D 1 0 0.75 1.01 PI 0 0 tips per 1,000 square feet of 0.00 0.00 -0.75 -1.01 -1 0 Harbor Yacht Club gress floor area) per Council Policy A-18 General Plan Public, Semi -PUbllc Parking lot for the Newport #230 - Residential /Condominium & Institutional (1.50 AM and PM 711 -717 West Bay Ave. Harbor Yacht Club RT 8 0 Townhouse (0.44AM/0.54PM trips 3.52 4.32 PI 0 0 hips per 1,000 square feet of 0.00 0.00 -3.52 4.32 -8 0 per unit) gross floor area) per Council Policy A -18 General Plan Public, Semi - Public Parking lot for the Newport #210 Single- Family Detached & Institutional (1.50 AM and PM 706 -708 West Balboa Blvd. Harbor Yacht Club RS -D 2 OHousing (0.75AM /1.O1PM) 1.50 2.02 PI 0 0 trips per 1,000 square feet of 0.00 0.00 -1.5 -2.02 -2 0 gross floor area) per Council Policy A -18 TOTAL FOR GP2012 -003 37.50 37.501 1.73 0.15 -11.00 5000.00 TOTAL STATISTICAL AREA D2 INCLUDING PROPOSED 29.25 37.11 -11 15090 AMENDMENT AND 80% OF PREVIOUS AMENDMENTS 01/10/2014 Correspondence Item No. 4a Newport Harbor Yacht Club PA2012 -091 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012- 003, COASTAL LAND USE PLAN AMENDMENT NO. LC2012- 003, ZONING CODE AMENDMENT NO. CA2012 -006, MINOR USE PERMIT NO. UP2012 -016, AND PLANNED DEVELOPMENT PERMIT NO. PL2012 -002 FOR A REPLACEMENT YACHT CLUB FACILITY LOCATED AT 720 WEST BAY AVENUE (PA2012.091) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Black A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Code Amendment, Minor Use Permit, and Planned Development Permit. 2. The proposed project consists of the demolition of the approximately 19,234- square- foot yacht club facility and construction of a 23,163- square -foot facility. In order to implement the project, the applicant requests the following: • A General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment to change the land use designations for certain properties currently being used for boat storage and parking from Single- and Two -Unit Residential to Private Institutions. • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to address the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. 3. The Newport Harbor Yacht Club ( "NHYC ") hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. The NHYC has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and Planning Commission Resolution No. Facie 2 of 19 attendance, including dinner parties, birthday and anniversary celebrations, and weddings. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 4. The subject properties are located within the Private Institutions (PI), Single -Unit Residential (R -1), and Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element categories are Private Institutions (PI), Single -Unit Residential Detached (RS -D), and Two -Unit Residential (RT). 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan categories are Private Institutions (PI -A), Single Unit Residential Detached (RSD -B), and Two Unit Residential (RT -E). The requested change of the Coastal Land Use Plan designation for certain properties from RS -B and RT -E to PI -A will not become effective until the amendment to the Coastal Land Use P is approved by the Coastal Commission. , 6. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor area; or, adds more than 100 dwelling units in a statistical area. This is the second General Plan Amendment that affects Statistical Area D2 since the General Plan update in 2006. The amendment results in no increase in the number of dwelling units and 5,000 additional square feet of nonresidential floor area. The additional floor area results in an increase of 1.73 AM peak hour trips and an increase of 0.15 PM peak hour trips based on the General Plan Public, Semi - Public and Institutional trip rate reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on August 23, 2012. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on November 21, 2012, and no requests for consultation were received. 8. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 9. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Planning Commission Resolution No. Paoe 3 of 19 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 2 (Replacement and Reconstruction). 2. Class 2 exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with I mimal or no proposed changes in the use, membership, or operational character isT SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Zoning Code Amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The proposed amendments will provide consistency with the existing and anticipated use of the subject properties for continued yacht club, parking, and boat storage use. 4. The use and future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the Private Institutions (PI) Zoning District of the Newport Beach Municipal Code. 5. The increased development limit will allow a more efficient yacht club facility with modern features built to current code requirements, without increasing noise or traffic in the vicinity. The operational characteristics should not change as a result of the increased floor area, including the number of employees, members, and special events. •- - - Formatted: Indent: Left: 0.5 ", No bullets or 6. The proposed proiect is consistent with the Coastal Land Use Plan policies regarding numbering coastal resources and coastal access. The proposed yacht club facility is appropriately located on a site that is developed with an existing yacht club facility. The project site is not located near a Coastal View Road or Public View Point; Planning Commission Resolution No. 4of19 therefore, the proposed project will not have an effect on any coastal views. The public alley located west of the 720 West Bay Front provides an area for access and views to the harbor. The proposed proiect design protects coastal resources and access. The proposed building would be located on approximately the same footprint as the existing building, and would provide significant setbacks for views through the property. The architectural design of the proiect provides visual interest through the use of light and shadow, vertical elements, and varied roof planes. •� - Formatted! Indent: Left: 0.5 ", No bullets or The subiect property is not designated within the Coastal Land Use Plan as a- - numbering potential area to provide lateral or vertical access, and public access exists nearby. Formatbed:Ineent: eft: Y'1 "' No bullets or Vertical access to the harbor and ocean are provided at most of the north -south street numbering, Tabstops: Not at 1" ends in the area. Lateral access to the harbor is provided in the vicinity to the east of the subiect property along Buena Vista Boulevard. Lateral access to the ocean is 7. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), Section 20.52.060 (Planned Development Permits), and Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Minor Use Permit Finding. Finding: 1 A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. 2. The proposed project includes a General Plan Amendment to change the land use designation to PI for portions of the project site that are used for boat storage and parking. The properties are being used for yacht club use, so the amendment will bring consistency to the project site and ensure efficient review for future projects. Planning Commission Resolution No. Pace 5 of 19 3. The proposed project includes amending the General Plan to increase the development limit from 20,000 square feet to 25,000 square feet for the project site. The proposed 24,428- square -foot yacht club facility is consistent with this development limit. 4. The proposed project is consistent with the Historical Resources Element of the General Plan. The yacht club facility is not listed on any national, state, or City registry, including the properties designated in the General Plan. The NHYC is included on a City Historic Resource Inventory developed in 1992 by an Ad Hoc Historic Preservation Advisory Committee. The inventory was never officially adopted by the City, and the structures were never placed on the City Register, but the inventory still serves as a useful guide to potentially historic properties that may have historic or cultural significance to the City. The City retained Chambers Group for the preparation of a historical resource report to determine if the existing yacht club has any historical significance and if it is a historical resource pursuant to the CEQA. The investigation revealed that the NHYC and its associated built environment features have undergone extensive nonhistoric - period alterations that have significantly undermined any potential historic integrity of the subject property. As a result of these significant alterations and loss of integrity, the project area does not appear to meet the criteria of eligibility for inclusion in the California Register of Historical Resources ( "CRHR ") either as an individual property or as a contributor to a potentially eligible historic district. Accordingly, the project is not expected to directly or indirectly impact or cause a substantial adverse change to any CRHR- eligible properties or historical resources for purposes of the CEQA r 5. The subject property is not located within a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. Yacht clubs (assembly uses) are allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through conditions of approval that address hours of operation, parking, and special events. 2. The proposed project includes a Zoning Code Amendment to change the zoning designation to Private Institutions for portions of the project site that are used for boat storage and parking. The amendment will bring consistency to the project site and ensure efficient review for future projects. Planning Commission Resolution No. Page 6 of 19 3. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) of the Zoning Code regarding the adjustment to the off - street parking requirement in conjunction with the Parking Management Plan because the proposed project will not increase the parking demand. The applicant provided a parking study conducted by Pirzadeh Associates that demonstrated the 123 -space parking lot is sufficient for the day -to -day needs of the yacht club and that parking can be adequately managed for special events. 4. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned Development Permits) and Section 20.30.050 (Height Limits and Exceptions) of the Zoning Code regarding the height of the proposed yacht club facility. The project site is located within the nonresidential, shoreline height limit area, which limits the height of structures to 26 feet for a flat roof and 31 feet for a sloped roof. With approval of the Planned Development Permit, the height can be increased to 35 feet for structures with a flat roof and 40 feet for structures with a sloped roof. The proposed project includes a flat roof /parapet that is 26 feet 6 inches in height, a sloped roof at 31 feet 6 inches, and a sloped roof at 36 feet 3 inches. The increased height will not result in undesirable or abrupt scale changes as the design of the structure provides adequate setbacks from the property lines and variation in the roofline. Furthermore, the nearby residential uses are not located in close proximity to the proposed structure. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The yacht club is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The proposed design is compatible with the allowed residential uses in the area. 3. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 4. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is to maintain membership at approximately 900 members. The clubhouse is currently open Wednesday through Planning Commission Resolution No. Paae 7 of 19 Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The boat storage and parking lots will not be changed and have functioned satisfactorily for several years. 2. The subject properties abut public rights -of -way on at least one side, are generally rectangular in shape, and do not contain significant grade changes. 3. The yacht club facility would have several points of ingress and egress, multiple staircases, and would provide sufficient walkways for emergency services. West Bay Avenue, the nearby alleys, and 8" Street provide access for the provision of public and emergency vehicle access and public services. The existing utilities will continue to accommodate the proposed project. 4. The Public Works Department, Building Division, and Fire Department have reviewed the application. The project is required to obtain all applicable permits from the City Building and Fire Departments and must comply with the most recent, City- adopted version of the California Building Code. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The yacht club and ancillary uses are compatible with the residential uses in the vicinity. The use has been in existence at this location for almost 100 years and has not proven detrimental thus far. Planning Commission Resolution No. Paoe 8 of 19 2. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on public coastal views. 3. The proposed changes to the parking requirements will not be detrimental, as sufficient parking is located in the existing lot and will be properly managed through the approved Parking Management Plan. 4. The elevation of the slab is being increased above code requirements to assure long -term flood protection. Additionally, the seawall is proposed to be reinforced and raised. Planned Development Permit Findings Finding: F. The proposed development would: a. Include only uses allowed within the base zoning district; b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. Facts in Support of Finding: '46' 1 1. The proposed development meets the intent of the General Plan. The proposed yacht club use is consistent with the Private Institutions (PI) land use designation of the General Plan, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. 2. The subject property is not located within a specific plan area. 3. The proposed yacht club use is located in the Private Institutions (PI) Zoning District, which is intended to provide for areas appropriate for privately -owned facilities that serve the public, including places for assembly /meeting facilities, congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The proposed yacht club use is allowed within this Zoning District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding assembly use and ensures project compatibility with the neighborhood through restrictions on hours of operation, parking, and special events. Other yacht clubs in the City are located within the PI Zoning District. Planning Commission Resolution No. Paae 9 of 19 4. The proposed project is located within a nonresidential zoning district, but residential uses are located nearby. The yacht club use has existed at this location for approximately 100 years and the use has proven compatible with the allowed residential uses in the vicinity. Finding: G. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: 1. By allowing the existing parking to remain, the functionality of the site can remain. Having the entirety of the off - street parking in one location with boat storage and the yacht club facility across West Bay Avenue is a higher quality design then what would be possible under the standard parking regulations. 2. The additional height of the building results in a higher quality of design by keeping the building located within the same footprint and allowing a larger second floor than exists currently, and providing large setbacks to the side property lines. The increase in height allows for excellence of design through the use of light and shadow, and varied roof planes. 3. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is low compared with other lots located within the Private Institutions Zoning District and other nonresidential districts. Finding: H. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. Facts in Support of Finding: 1. The lot that is proposed to be developed with the yacht club facility is approximately 73,859 square feet in area, a portion of which contains the beach and water from Newport Channel. The lot is of sufficient size for the existing and proposed buildings, the boat storage and launch areas, and open space provided on the lot. The 5,705- square -foot lot used for boat storage and 39,994- square -foot parking lot will not be changed as part of the proposed application and have functioned satisfactorily for several years. Finding: I. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Planning Commission Resolution No. Paoe 10 of 19 Facts in Support of Finding: 1. The proposed project is located within a nonresidential zoning district with residential uses located nearby. The yacht club use has existed at this location for almost 100 years and the use has proven compatible with the allowed residential uses in the vicinity. 2. The conditions of approval include a requirement for a Parking Management Plan to ensure that the proposed project does not have any negative effects on the neighborhood regarding parking and traffic. The conditions further limit the hours of operation to ensure the yacht club use does not produce any noise issues during late hours. Furthermore, the project includes landscaping along West Bay Avenue. Finding J. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and /or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. Facts in Support of Finding: 1. The design of the proposed project includes 1h quality materials, landscaping, open areas, and walls to screen the boat storage areas. The view from the harbor includes open deck areas, numerous windows, and visually open guardrails, which enhances the view from the water. 2. The existing beach area will remain and several outdoor dining and seating areas are proposed. 3. The Newport Harbor Yacht Club is one of several located on the Harbor /Bay. Finding: K. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: 1. The yacht club facility is proposed to have a similar design as the existing facility, including white vertical and horizontal siding with asphalt roofing. The proposed building would be located in the same area on the subject property as the existing building and maintain the same architectural theme. The nautical architectural theme is compatible with the building's bayfront location and allowed residential uses in the area. Planning Commission Resolution No. Pane 11 of 19 2. The size of the proposed yacht club facility is compatible with the nearby residential uses. The allowed floor area is located entirely on the primary lot, leaving the boat storage and parking area open and free of permanent structures. The yacht club facility is proposed to have approximately the same footprint as the existing structure with a larger second floor. 3. The operational characteristics are not intended to change as a result of the proposed project. The operating characteristics are currently, and would remain, compatible with the allowed residential uses in the vicinity. The intent is not to increase membership beyond current levels of approximately 900 members. The clubhouse is currently open Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The yacht club has approximately 89 employees with up to 40 on -site working at any given time. Employees driving to work park in the parking lot, which is directly across West Bay Avenue from the yacht club facility. 4. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. ly Planned Development Permit Height Findings Finding: L. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: a. Additional landscaped open space; b. Increased setback and open areas; c. Enhancement and protection of public views; Facts in Support of Finding: 1. The proposed project includes additional landscaping located along West Bay Front of the building along the public sidewalk. 2. The proposed structure is generally located within the same footprint of the existing structure, allowing the remaining areas of the project site to remain open. The primary lot with the proposed building is 500 feet in width and the building is setback approximately 210 feet from the eastern side property line and 140 feet from the western side property line. The building is proposed to be a minimum of 4 feet from the front property line. The required 10 -foot bulkhead setback is provided, and the building will be located a minimum of 15 feet from the rear property line. 3. The subject property is not located near a Coastal View Road or Public View Point; therefore, the proposed project will not have an effect on any coastal views. The design of Planning Commission Resolution No. Paae 12 of 19 the project allows the bulk of the building to remain in the center of the lot, leaving the rest of the project site open. Finding: M. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding: 1. The proposed design includes varied roof planes, window treatments, bay windows, varied wall planes and other building modulations, dormers, and trellis and patio covers. The second floor is setback from the first floor and all four elevations include architectural treatments. Finding: PFAM4 N. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: 1. The increased height would not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent residences due to the large distance between the proposed building and the residences in the vicinity. The proposed building would be located in the middle of the 500 - foot -wide lot. The sides of the building would step down to single -story edges as a transition providing compatibility of scale and architectural character to the surrounding residential neighborhood. Finding: O. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The Planned Development Permit does not increase the allowed floor area for the project site. The development limit is established by the General Plan. The proposed structure is generally located within the same footprint of the existing structure. The existing and proposed structures are two stories, and the additional height for the proposed structure does not allow for additional floor area beyond that required by the requested amendments. Planning Commission Resolution No. Pace 13 of 19 2. The floor area to land area ratio ( "FAR ") is 0.21 for the entire project site, which is significantly lower than several other lots located within the Private Institutions Zoning District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, and Code Amendment No. CA2012 -006, as shown on Exhibit A, which is attached hereto and incorporated by reference. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002, subject to the conditions set forth in Exhibit B, which is attached hereto and incorporated by reference. 3. Any Use Permit or Variance for parking or boat storage use on property located within a residential zoning district shall become null and void upon vesting of the rights authorized by Code Amendment No. CA2012 -006. PASSED, APPROVED, AND ADOPTED THIRD DAY OF JANUARY, 2014. AYES: NOES: ABSTAIN: ABSENT: L" L" Bradley Hillgren, Chairman Kory Kramer, Secretary 1 WAN L]rIV—AIW tiAYA�E W I 0 NOW: 0 75 GP2012 -003 (PA2012 -091) General Plan Amendment Newport Harbor Yacht Club Document Name: PA2012 -091 Reso Exhibit GP Page 1 N 150 73 Feet OCEAN FRONT W 0 75 150 LC2013 -003 (PA2012 -091) Feet Coastal Land Use Plan Amendment e Newport Harbor Yacht Club Document Name: PA2012 -091 Reso Exhibit LC Page 2 Ne r� OCEAN FRONT VV 0 75 F�ti "P�kT CA2012 -006 (PA2012 -091) F Zoning Code Amendment e U Pm Newport Harbor Yacht Club 9<IpnRH� mentName: PA2012 -091 Reso Exhibit W Page 3 Ne CI 150 =i Feet Planning Commission Resolution No. Paoe 17 of 19 EXHIBIT "B" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Minor Use Permit No. UP2012 -016 and Planned Development Permit No. PL2012 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. The Minor Use Permit and Planned Development Permit may be modified or revoked by the City Council, 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit and Planned Development Permit or the processing of a new Minor Use Permit and Planned Development Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 9. Prior to issuance of building permits for the proposed project, approval from the California Coastal Commission shall be required. 10. Prior to the issuance of a building permit for the proposed project, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Planning Commission Resolution No. Paae 18 of 19 11. Prior to the issuance of building permits for the proposed project, a final Water Quality Management Plan shall be submitted to and approved by the Building Division. 12. The building materials shall consist of vertical and horizontal white siding, asphalt shingle roofing, exposed wood columns and trusses, and visually open guardrails, with the final design to be approved by the Community Development Director prior to issuance of a building permit for construction of the proposed project. 13. The hours of operation are limited to between 8:00 a.m. and 11:00 p.m., Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday. 14. The Parking Management Plan shall be utilized at all times. Any changes shall require review and approval by the Community Development Director. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 17. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 21. An encroachment permit is required for all work activities within the public right -of -way. 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and Planning Commission Resolution No. Paae 19 of 19 expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Harbor Yacht Club including, but not limited to, the General Plan Amendment No. GP2012 -003, Coastal Land Use Plan Amendment No. LC2012 -003, Zoning Code Amendment No. CA2012 -006, Minor Use Permit No. UP2012 -016, and Planned Development Permit No. PL2012 -002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. th:r'q Newport Harbor Yacht Club (PA2012mO91) 720 West Bay Avenue r) w F7,zo�Wp( PORT\ a r n ,cq<�FOaN P EWPO n " S ��q<,FOaN�I General Plan Amendment r- Coastal Land Use Plan Amendment Zoning Code Amendment ■ Minor Use Permit ■ Planned Development Permit 3 site An Study Session December 19th Parking Management Plan Revised Resolution Coastal Land Use Plan Recommendation as City Council review in February /March Z, � 2E I'ORr o l e n d e r"i n q s C9G /FO Q�`i P i 1 For more information contact: Fern Nueno (949) 644 -3227 fnueno @newportbeachca.gov www.newportbeachca.gov :?P_nCiP_rinr on derings a I :?P_nCiP_rinr r3 klk I \ n [1400.N � J _ J _ 10 r A, 11 :;Irnnn-qr - A" r r I L Ab 12 13 14 Photographs r *0 rwnoxo- t^ RMNMRMM t xa r SEW 5 P 1 @� LIZ: �P O0.N Photographs i l i'.. .• s 4. 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