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Home My WebLink About08 - Balboa Bay Club-Planned Community District Amendment4 ?Ew�R> o es, - U �_ • C + ,r �lisOPP CITY OF NEWPORT BEACH COMMUNITY and ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Date: July Agenda Item No.: Staff Person: 17 Patricia L. Temple (949) 644 -3200 REPORT TO THE MAYOR AND CITY COUNCIL CCUOC�d a GERA V0. °I — PROJECT: Balboa Bay Club 1221 West Coast Highway PURPOSE OF APPLICATION: An amendment to change the development limitations of the existing Planned Community District Regulations to correct an error in the original calculation of the building size associated with the previous approval, as well as to allow an increase in the size of the hotel facility to provide adequate building support areas, athletic facilities, and meeting space. Also included in the Planned Community amendment are provisions to allow the height of the building to be measured from the average grade of the site, and to allow the Planning Commission to approve architectural features which exceed the basic height limit. • ACTION: Introduce Ordinance No. 99 -__, approving amendments to the Planned Community District Regulations for the Balboa Bay Club; and pass to second reading on August 9, 1999; and approve Use Permit No. 3524 as recommended by the Planning Commission. LEGAL DESCRIPTION: Parcel 1, Lot 171, Block 54 of Irvine Subdivision, MRM 1/88 ZONE: PC (Planned Community) APPLICANT Balboa Bay Clubs, International OWNER: City of Newport Beach Planning Commission Recommendation At the meeting of July 8, 1999, the Planning Commission considered the applications related to modifications to the Balboa Bay Club project previously approved by the City Council. The Commission voted (All Ayes, 1 absent), to recommend. approval of the project to the City Council. A copy of the staff report prepared for the Planning Commission and an excerpt of the draft •- minutes are attached for the information of the City Council. VICINITY MAP �9i x tai I "I9 1E' "i� \`� ao -- - E� ...... ¢k - LIDO ISLE cy 9y yF� Amendment No. 886 Use Permit No. 3524 Amendedl 1 Subiect Property and Surrounding Land Uses Current Development: The Balboa Bay Club, with related facilities. including apartments, hotel, restaurants, athletic and club facilities. To the north: Across Coast Highway, are mixed commercial uses. To the east: Is the Ba shores residential community To the south: Is lower Newport Bay, with Lido Isle beyond. To the west: Are the facilities of the Boy Scouts of America and Orange Coast College. PC Amendment No. 886 Use Permit No. 3524 (A) July 26. 1999 Page 2 • E Background On July 25, 1994, the City Council adopted Ordinance 94 -36, rezoning the Balboa Bay Club site from R4 to P -C (Planned Community), and adopting Planned Community District Regulations for the site. In association with that approval, the City Council also certified an Environmental Impact Report, and approved a Traffic Study and a Use Permit for the project. On June 24, 1996, the City Council approved an Option and Lease Agreement for the Balboa Bay Club, which set forth the terms and requirements for redevelopment of the "Club" portion of the property, in association with a 50 -year ground lease. One of the features of the lease was the requirement that new facilities be "first class" as compared to similar facilities in the Newport Beach area. Planning Commission Discussion The Planning Commission considered the changes to the site plan and the Planned Community District Regulations in light of the project previously approved by the City Council. In making its recommendation, the Planning Commission noted that the project was similar in scale to the original approval, while incorporating enhancements (such as expanded service areas and athletic facilities) which improve the overall quality of the facility. The Planning Commission also felt that the addition of the architectural features was in keeping with the overall design of the building, represented modest encroachments into the bay views from nearby residences, were small in • relation to the overall size of the project, and improved the aesthetics of the project. Submitted and prepared by: PATRICIA L. TEMPLE Planning Director :. ov Attachments: Draft Ordinance Planning Commission staff report Excerpt of Planning Commission minutes PC Amendment No. 886 Use Permit No. 3524 (A) July 26, 1999 Page 3 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY . OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE BALBOA BAY CLUB PLANNED COMMUNITY DISTRICT TO ESTABLISH THE PERMITTED GROSS FLOOR AREA AND ESTABLISH SPECIFIC PROVISIONS RELATED TO THE HEIGHT OF BUILDINGS AND ARCHITECTURAL FEATURES (PLANNING COMMISSION AMENDMENT NO. 886) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by an Ordinance of the City Council setting forth full particulars of the amendment; and WHEREAS, the City Council has determined that the proposed amendment to the Balboa Bay Club Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the Planning Commission conducted a public hearing on July 8, 1999, at which time this amendment to amend the Balboa Bay Club Planned Community District Regulations was discussed and determined to not significantly alter the character of the project as previously approved, and recommended approval of the amendment to the City Council; and WHEREAS, the City of Newport Beach has determined that the proposed project will not have a significant effect on the environment upon implementation of the mitigation measures set forth in the previously certified Environmental Impact Report prepared for the project pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN, as follows: The Balboa Bay Club Planned Community District Regulations are amended, as follows: PC Amendment No. 886 Use Permit No. 3524 (A) July 26, 1999 Page 4 1. SECTION II, Statistical Analysis, shall be amended to allow for 157 guest rooms and 240,000 gross square feet. 2. SECTION VI A 1, Building Height, shall be amended to provide that the height be measured from the elevation point of 11.50 feet. MSL. 3. SECTION VI A 1, Building Height, shall be amended to include the following provisions: Architectural features in excess of the height limit may be permitted by the Planning Commission, subject to the approval of a Use Permit in each case. In considering architectural features pursuant to this provision, the Planning Commission shall find the following: • The size, scale and design of the feature are consistent with the design of the building. • The feature is no larger than necessary to achieve the architectural statement. • The feature will not significantly impact views from surrounding properties. • There are no more features than needed for architectural interest and they are compatible with the architectural style. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 26, 1999, and adopted on the __ day of 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS_ NOES, COUNCIL MEMBERS_ ABSENT, COUNCIL MEMBERS M ATTEST: PC Amendment No. 996 Use Permit No. 3524 (A) July 26,1999 Page 5 City of Newport Beach Planning Commission Minutes July 8, 1999 Ayes: Tucker, Ashley, Selich and Hoglund Noes: None Absent: Gifford Abstain: Fuller, Kranzley •q• SUBJECT: Jiffy Lube of Newport Beach (Arthur Bahar, Architect) 1520 West Coast Highway • Use Permit No. 3647 Request to permit an automobile maintenance facility which specializes in oil and filter changes and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. The applicant requested to continue this item to July 22ndbecause the full Commission was not present. Motion was made by Commissioner Fuller to continue this item. Ayes: Fuller, Tucker, Ashley, Selich, Kranzley and Hoglund Noes: None Absent: Gifford Abstain: None SUBJECT: Balboa Bay Clubs, International 1221 West Coast Highway • A No. 886 • Use Permit No. 3524 A An amendment to change the development limitations of the existing Planned Community District Regulations to correct an error in the original calculation of the building size associated with the previous approval, as well as to allow an increase in the size of the hotel facility to provide adequate building support areas, athletic facilities, and meeting space. Also included in the Planned Community amendment are provisions to allow the height of the building to be measured from the average grade of the site, and to allow the Planning Commission to approve architectural features, which exceed the basic height limit. Ms. Temple noted the following: • Project was previously considered, reviewed and approved by both the INDEX 0 Item No. 3 Use Permit No. 3647 Item No. 4 Amendment No. 886 UP 3524 A 0 0 City of Newport Beach Planning Commission Minutes July 8, 1999 Planning Commission and the City Council in the approximate scale and location as depicted in the new plans. • Once the original project was approved, the City and Balboa Bay Club initiated an Option and Lease Agreement for the property that is owned by the City of Newport Beach. • Significant identification as to the type of facility on the property was included as a requirementin the Option and Lease document. • A specific provision for a standard of quality related to other first class hotel operations within the City was mandated as part of the approval. • The action of the City Council on June 24, 1996 relating to the Option and Lease Agreement set a particular time frame for performance that vested the entitlement. • Absent the changes to the project related to the improved design, this project could simply proceed through its design review program to building permits. • The uses as proposed with the exception of the modification to the floor area, the change in the number of hotel rooms and the particulars related to the measurement of the height limit and the architectural features are in essence as originally approved. • The establishmentof a datum point for the purposes of measuring height is not a common way to measure height in the City. • Staff is of the opinion that in this particular case, based on the anticipated impact of the original project that the changes were not significant in terms of the potential for view impairment from private residences along Kings Road. • One significant change is one of the architectural features is requested to be significantly higher than the requested height limit of 35 feet above the datum point of 11.5 mean sea level and that is 22 feet higher. It is breaking new ground for this type of feature to be considered in this fashion. It is not considered something that would set a precedent; however, the City should be judicious in electing to approve this. • Staff wanted to make sure that the Bay Club including its employees would not continue to demand parking on Coast Highway in front of the facility. Most of the employees do park there today. The parking analysis was designed to accommodate not only the expanded facility but also all employees parking on site. The revised project with the added parking is expected to accomplish this goal. • The use permit does include that all employees be required to park on site which is not currentlya requirement of the project. Commissioner Fuller asked if there was any type of parking restriction on Coast Highway if all the parking is going to be on site and, if it was possible to widen Coast Highway; using the twelve foot easement on the north side for the extra lane(s) Ms. Temple answered there is not currently any prohibition, but the City could 0 9 •11.11 City of Newport Beach Planning Commission Minutes July 8, 1999 INDEX consideroptions of metering or additional time limitations. Mr. Edmonston added that he is not aware of any proposals. There is an area that is red near the driveway for sight distance. There is an area that is red down towards the intersection where we have periodically received requests to extend that third lane. Staff has not looked at it as yet. Based on looking at the plans, if parking was restricted on both sides of the highway, we could probably add one lane in one direction or the other, but it would still not be enough to make it six lanes. The General Plan anticipates a 12' widening on the inland side to provide six lanes and parking only on the bayside of Coast Highway. Commissioner Hoglund asked for and received clarificationon the height of the cupola. At Commission inquiry, Ms. Temple explained that the last project was approved in compliance with the height measured from the existing natural grade. Because the request is to use the average datum point, any part of the property that is higher than the datum point would actually have been higher than this particular building is proposed to be. The portion of the elevation that faces towards Coast Highway is actually lower than the prior approval. As viewed from the bay side elevation, it is higher. The previous design was not as refined as the one today, it was just the stated intent of the applicant that they would conform to the 35 -foot height limit. It is not standard to use the datum point as the reference point for the height limit, although the Code allows the Planning Commission to establish this through the Planned Community District Regulations. This is what the applicant is suggesting and analyzed in the staff report. Commissioner Tucker, referring to page 22 in the EIR 152 Expanded Initial Study and Addendum noted that the buildings south of the site are taller than the ones to the north. Ms. Temple clarified that the bayside elevation is the control point for the view for most cases. However, as we compare it to the anticipated actual view impact from the original building massing studies done with the original approval, the new proposed project appears to have lesser impact than originally anticipated with the original project. Commissioner Tucker recommended that in the EIR document that this could be clarified to avoid any confusion. Referencing another point on that some page, he suggested that the language be written clearer on this point. Referencing page 16 in the EIR the paragraph referring to parking code requires 484; the staff report indicates 495. Ms. Temple noted that her staff report was written substantially subsequent to the initial study and the analysis in the staff report was refined to a more 10 0 City of Newport Beach • Planning Commission Minutes July 8, 1999 of the parking and the potential for a surplus. Public commentwas opened. David Wooten, President of International Bay Clubs, parent company of the Balboa Bay Club introduced his colleagues: Beverly Rae, Chairman of the Board of International Bay Clubs and of the Balboa Bay Club. Henry Sheline, President of the Balboa Bay Club Jerry Johnson, Chief Financial Officer Doug Lee and Tom Myers of Lee and Sakahara Architects He noted that the original project chronology: • 1994 - approved by the Planning Commission and the City Council • 1995 - approved by the Coastal Commission • 1994 - Option and Lease Agreement with the City was negotiated with the City which provided an extension of the fifty year extension with the existing lease commencing upon the start of the construction of the project. • 1994 - the Option and Lease Agreement approved by the City and then . approved by the State Lands Commission • 1997 - presented a conceptual design which was considered and approved by the City of Newport Beach • 1998 - presented design development plan which is before you further refines the design Ruth Reynolds, 1301 Kings Road noted the following concerns: • view impact above the athletic club and tower • possibility of moving the athletic club facility towards Coast Highway • landscaping - palm trees are higher than the building although in the packet it states that no trees will be higher than 26 feet Public commentwas closed. Ms. Temple noted that there is a tower element on the athletic facility that is six feet higher than the roof height of 35 feet. It is located on the comer of the project closest to the highway, it does provide some roof variation, and it does not encroach into the blue water view of the lower bay. Staff does not expect it to have a negative impact in that particular area of the plan. The athletic facility has been re- designed and is somewhat moved back. It is angular to the line of the bay and that particular re- design has opened up some of the view of blue water as may be viewed from homes along Kings Road. In terms of landscaping, referring to the Planned Community text states that trees in view corridors shall be maintained so as not to exceed 26 feet in height. Those are the view corridors in the center of the property and the properly from Bay • 11 INDEX City of Newport Beach Planning Commission Minutes • July 8, 1999 INDEX Shores to the banqueting facility. In other areas of the property, the trees are limited to the height of the proposed buildings. These limitations are contained within the zoning and are fully enforceable thru Code Enforcement should they not be complied with. Commissioner Hoglund asked about the screened louvers for the mechanical equipmenton top of the roof. How far up are they going to protrude and what will they be made of? Public comment was re- opened. Douglas Lee, 16842 Von Korman Avenue, Irvine stated that the louvers are actually made out of acoustical attenuated metal that will be set down. They will be under the height limit. Public comment was closed. Commissioner Ashley noting the work done by the Balboa Bay Club and that this is an additional 21,500 square feet which will not create any additional traffic into the club or problem. The overall height of the building at Coast Highway is less than originally proposed. The cupola is an interesting vertical relief of the design. The concerns of the people along Kings Road have been met by staff and are in the report that the Bay Club will have to follow. Motion was made by Commissioner Kranzley to approve Amendment No. 886 and Use Permit No. 3524 Amended with the findings and conditions in Exhibit A as this is a very attractive plan presented and will be a tremendous addition along Coast Highway into Newport Beach. Ayes: Fuller. Tucker. Ashley. Selich, Kranzley and Hoglund Noes: None Absent: Gifford Abstain: None 12 0 City of Newport Beach Planning Commission Minutes July 8, 1999 EXHIBIT "A" FINDINGS, MITIGATION MEASURES AND CONDITIONS OF APPROVAL Amendment No. 877 Use Permit No. 3524 (Amended) A. Amendment No. 877: Adopt Resolution No. , recommending to the City Council adoption of Amendment No. 886. B. Use Permit No. 3524 (Amended): Findinas: The Land Use Element of the General Plan, and the Local Coastal Program, Land Use Plan, designate the site for a mixture of Recreational and Marine Commercial and Multi- family Residential land use. The project as proposed is consistent with that designation since it is a visitorserving land use. 2. An Initial Study has been prepared to document the adequacy of the previously certified Environmental Impact Report to serve as the environmental document for this project. On the basis of that study, it has been determined that all significant environmental concerns for the proposed project have been addressed in that previously certified environmental document, and that it is adequate for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 3. Approval of Use Permit No. 3524 (Amended) will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: Access to the site, as modified by conditions of approval, will be adequate for the facility. The parking provided on site will be sufficient for guests and employees. The facilityis expected to operate in a manner similarto that which exists, which currently operates with few problems. 4. Approval of architectural features in excess of the height limit is 0 13 INDEX City of Newport Beach Planning Commission Minutes July 8, 1999 this case because: • The three tower elements are small in scale as compared to the size of the buildings. • The two roof elements on the main building have a minimal impact to views from Kings Road. • The architectural style of the roof elements is consistent with the overall design of the buildings. • There are no more architectural features than are necessary to achieve the architectural interest desired. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan, landscape plan and elevations, except as noted below. 2. All previously approved Conditions of Use Permit No. 3524 shall remain in affect unless otherwise noted below. 3. All mitigation measures adopted with EIR No. 152 shall be complied with. 4. The easterly entrance shall be redesigned to provide for right turns in and out only, in conformance with the EIR. 5. The drive exit radius from the easterly parking lot adjacent to the main entrance guard gate shall be modified to provide a minimum 50 -foot radius unless otherwise approved by the Traffic Engineer. 6. A masterplan of water, sewer and storm drain shall be provided to the Public Works Department along with a hydrology and hydraulics study for the site that shows how the on -site drainage is handled. 7. Any Edison transformers required for the project shall be set back from the West Coast Highway entrances in order to provide sight distance in accordance with City Standard No. 110 -L. 8. A public access plan shall be submitted to the City Planning and Public Works Department for review and approval as required by the EIR. 9. A water improvement plan shall be submitted to the Public 14 INDEX . W] J City of Newport Beach • Planning Commission Minutes July 8, 1999 Works Department for review and approval prior to issuance of any grading permits. 10. Parking space and aisle dimensions in the parking lots and parking structure shall be shown on the plans submitted for building permits. U. All monument signs shall conform to the City's Sight Distance Standard 110 -L. 12. Non - standard pavement in the West Coast Highway right -of- way shall be subject to the approval of CalTrans. 13. Sidewalks located in front of parking stalls shall be a minimum of 7 feet wide if the curb is used as a wheel stop in order to provide a minimum 4 foot width for pedestrian traffic. 14. The valet station for drop- off /pick -up of vehicles shall be shown on the plans. All valet parking areas shall be defined on the plans. . 15. All parking directional signage shall be noted on the plans. 16. The main entrance gate shall be modified to provide two lanes in and two lanes out of this access point. A minimum width of 24 feet is required for each direction. 17. The landscaped island in the main entrance shall be shortened to provide access into the underground garage. 18. A truck access plan shall be submitted for approval by the Public Works Department showing how delivery trucks can be accommodated. 19. All employees shall park on -site 20. Prior to the issuance of any building permit, the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. 21. The project shall be designed to eliminate light and glare onto adjacent properties or uses, and minimize visibility of light 0 15 INDEX City of Newport Beach Planning Commission Minutes July 8, 1999 sources from any public street or neighboring properties. This shall be achieved by minimizing the number of light sources, and shielding and directing the individual light sources. Additionally, the height of the light poles and fixtures shall be limited to 16 feet maximum. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types, shielding attachments and other pertinent technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made part of the building set of plans for issuance of the final approvals. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to determine substantial conformance with the intent of this condition of approval, the control of light and glare. Limitations or requirements specified by this condition of approval shall be subject to review and approval by the Planning Director. 22. The project operator shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement, particularly as they relate to pool and /or clubhouse activities and restaurant outdoor dining activities or functions. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of Interior exterior interior exteri Measured at the property One of commercially zoned property:: N/A 65 dBA N/A 60 dBA Measured at the property One of residentially zoned property:: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 23. The applicant shall take steps to assure that noise from deliveries, refuse collection, employees, or cleaning crews do not affect near -by residents. 16 INDEX 0 • 0 City of Newport Beach • Planning Commission Minutes July 8,1999 24. Doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant or banquet facilities, unless otherwise approved by the Planning Director. 25. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. Standard Requirements: The on -site parking, vehicular circulation and pedestrian circulation systems shall be subjectto furtherreview by the City Traffic Engineer. 2. All signs shall conform to the provisions of Chopter20.06 of the Municipal Code. 3. Sight distance at all entrances shall conform to the City's Sight Distance Standard 110-L for a speed of 50 MPH. • 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 6. Coastal Commission approval shall be obtained prior to issuance of any grading or building permits. 7. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 8. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 9. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 10. All trash areas and mechanical equipment shall be shielded or 0 17 INDEX City of Newport Beach Planning Commission Minutes July 8, 1999 screened from public streets and adjoining properties overlooking the restaurant. II. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 12. The project shall comply with State Disabled Parking requirements. 13. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and final approval by the City Traffic Engineer. 14. Any encroachment of light standards into the parking stalls shall be per City Standard 805 -L. A. & B. 15. The minimum width for the access drives shall be approved by the City Traffic Engineer. 16. Prior to issuance of grading and building permits, unless otherwise approved by the Planning Director and the Public Works Department, the applicant shall prepare and submit a landscape and irrigation plan that shall be reviewed and approved by the Public Works Department and the Planning Director. 17. Priorto the issuance of the certificate of occupancy, the applicant shall schedule an inspection by the Code Enforcement Officer to verify completion and installation of the landscaping in accordance with the approved plan. 18. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 20. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 21. All managers and employees serving and /or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section 18 INDEX . 0 r� 0 City of Newport Beach Planning Commission Minutes July 8, 1999 a certified program must meet the standards of the (-autornia Coordinating Council on Responsible Beverage Service or other certifying /licensing body which the State may designate. The establishment shall comply with the requirements of this section within 180 consecutive days of the issuance of this use permit. 22. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. ADDITIONAL BUSINESS a.J City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Ms. Wood reported the City Council actions on the General Plan Amendment initiations; the Local Coastal Program Grant, the Traffic Phasing Ordinance, the budget, and Planning Commission appointments. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairman Selich reported the Committee held a review of the automobile dealership sales tax incentive program and that Council approved funding for the airport area planning. C.) Matters which a Planning Commissionerwould like staff to report on at a subsequent meeting - Commissioner Tucker requested that the Commission hold a discussion regarding Variances. The Commission agreed to set this matter on a light agenda and to include Modifications. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. e.) Requests for excused absences - Commissioners Hoglund and Ashley asked to be excused from the August 5th meeting. ADJOURNMENT: The meeting was adjourned at 8:30 p.rn. ADJOURNMENT: 8:30 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 19 INDEX Additional Business Adjournment i �,EwooRr CITY OF NEWPORT BEACH O`` m COMMUNITY and ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: Council Review REPORT TO THE PLANNING COMMISSION PROJECT: Balboa Bay Club 1221 West Coast Highway July 8, 1999 Patricia L. Temple (949) 644 -3200 Automatic PURPOSE OF APPLICATION: An amendment to change the development limitations of the existing Planned Community District Regulations to correct an error in the original calculation of the building size associated with the previous approval, as well as to allow an increase in the size of the hotel facility to provide adequate building support areas, athletic facilities, and meeting space. Also included in the Planned Community amendment are provisions to allow the height of the building to be measured from the average grade of the site, and to allow the Planning Commission to approve architectural features which exceed the basic height limit. ACTION: Recommend to the City Council approval of: • Amendment No. 886 • Use Permit No. 3524 (Amended) LEGAL DESCRIPTION: Parcel 1, Lot 171, Block 54 of Irvine Subdivision, MRM 1/88 ZONE: PC (Planned Community) APPLICANT Balboa Bay Clubs, International OWNER: City of Newport Beach 0 E E • VICINITY MAP 4 . i - a 7-'L P �9/s 2_1 1 lj . ..... .... . n7a 12 I Id ----------- ]NO S V 2!F. LI, 0 11�100 C"S' yF Amendment No. 886 Use Permit No. 35,24 Amended, I S—ubi=LPrQperty andSumunding Land U= Current Development: The Balboa Bay Club, with related facilities, including apartments, hotel, restaurants, athletic and club facilities. To the north: Across Coast Highway, are mixed commercial uses. To the east: Is the Bayshores residential 'community To the south: Is lower Newport Bay, with Lido Isle beyond- To the west: Are the facilities of the Boy—§coutsof Arfierica and Orange Coast College. PC Amendment No. 886 Use Permit No- 3524 (A) July S. 1999 Page 2 Points and Authoritv Conformance with the General Plan 0 The Land Use Element of the General Plan designates the site for a mixture of Recreational and Marine Commercial and Multi- family Residential uses, with a corrmercial floor area ratio of 0.5. The project is in compliance with both the use and floor area limitations of the General Plan. Environmental Compliance (California Environmental Quality Act) An Initial Study has been prepared to review the adequacy of a previously certified Environmental Impact Report to serve as the environmental document for this application. Based upon that analysis, it has been determined that all significant environmental concerns for the proposed project have been addressed in that previously certified environmental document, and that it is adequate for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659 -1768 (949) 644 -3200. Amendment procedures are contained in Chapter 20.94, and Use Permit procedures are in Chapter 20.91 of the Newport Beach Municipal Code. Background 0 On July 25, 1994, the City Council adopted Ordinance 94 -36, rezoning the Balboa Bay Club site from R -4 to P -C (Planned Community), and adopting Planned Community District Regulations for the site. In association with that approval, the City Council also certified an Environmental Impact Report, and approved a Traffic Study and a Use Permit for the project. On June 24, 1996, the City Council approved an Option and Lease Agreement for the Balboa Bay Club, which set forth the terms and requirements for redevelopment of the "Club" portion of the property, in association with a 50 -year ground lease. One of the features of the lease was the requirement that new facilities be "first class" as compared to similar facilities in the Newport Beach area. Analysis The project is a phased demolition and reconstruction of the Balboa Bay Club. On the club portion of the property, only the Palm Court structure (existing hotel rooms) are planned to remain. All of the older structures, including restaurants, meeting rooms, athletic facilities and some hotel rooms will be demolished and replaced with new buildings. The existing Terrace Apartment building will not be affected by the project. PC Amendment Na. 886 Use Permit No. 3524 (A) July 8, 1999 Page 3 J Planned Community Text Amendments When the PC Text was adopted, the development limitation for the club facilities was established at 189,000 sq. ft. based upon the architect's calculation of gross floor area. When a new architectural firm was hired by the Balboa Bay Club to prepare the design package as required by the option agreement, an analysis of the previous plan was conducted. At that time it was discovered that floor area listed as gross on those plans was actually a net floor area calculation, excluding many "back of the house" areas. The actual gross floor area as depicted on those plans is 214,134 sq. ft. The current architect for the Balboa Bay Club project has refined the plan to meet the City's requirement for a "first class" facility. One of the effects of this effort is a significant increase in the size of the service areas and the athletic facility. These: changes have increased the overall size of the proposed improvements to 235,575 sq. ft. The following chart shows the profile of the Balboa Bay Club proposal. As illustrated by this chart, the amount of floor area allocated for the various uses within the facility has been modified, with some uses increasing and some decreasing. The principal changes are to the "back of house" service areas and to the athletic club. The reason for these changes is an effort to improve the overall functionality of the facility, and to provide comparable athletic facilities for men and women. It should be noted that establishing the entitlement at a precise square footage limitation can create Problems as engineered plans are developed. Therefore, staff would like some cushion to be included in the entitlement established. Thus, the draft changes to the PC Text include a development limit of 240,000 square feet. This will insure that modest changes in the floor area can be accommodated without additional amendments to the PC Text, while maintaining the requirement for further amendment to the Use Permit if a substantive change to the approved plans is submitted. "These square footage numbers reflect the recalculated gross floor area, and are higher than stated in the original EIR. PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 4 PROPOSED APPROVED CLUB FACILITIES EXISTING PROJECT PROJECT Guest Rooms 77,410 sq. ft 107,543 sq. ft. 112,806 sq. ft. (128 rooms) (157 rooms) (145 rooms) Public Assembly Area 31,507 sq. ft. 39,104 sq. ft. 45,386 sq. ft. Administrative 9,462 sq. ft. 12,953 s . ft. 16,950 sq. ft. Service Area 21,824 sq.. ft. 54,155 sq. ft. 23,776 sq. ft. Athletic Facility 13,224 sq. ft. 21,820 s . ft. 15,216 sq. ft. Miscellaneous 1,856; . ft. 0 s . ft. 0 sq. ft. TOTAL 155,303 sq. ft. 235,575 sq. ft. 214,134 sq. ft. Parking Spaces 376 498 466 As illustrated by this chart, the amount of floor area allocated for the various uses within the facility has been modified, with some uses increasing and some decreasing. The principal changes are to the "back of house" service areas and to the athletic club. The reason for these changes is an effort to improve the overall functionality of the facility, and to provide comparable athletic facilities for men and women. It should be noted that establishing the entitlement at a precise square footage limitation can create Problems as engineered plans are developed. Therefore, staff would like some cushion to be included in the entitlement established. Thus, the draft changes to the PC Text include a development limit of 240,000 square feet. This will insure that modest changes in the floor area can be accommodated without additional amendments to the PC Text, while maintaining the requirement for further amendment to the Use Permit if a substantive change to the approved plans is submitted. "These square footage numbers reflect the recalculated gross floor area, and are higher than stated in the original EIR. PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 4 Also included is an increase in the number of hotel rooms by 13 as compared to the approved project, although the amount of floor area devoted to rooms has slightly deceased. This represents an increase of 29 rooms over the existing facility. This increase is considered by staff to be a modest increase, particularly when many of the rooms are designed to be utilized as suites. Other aspects of the amendment requested will, if approved, accommodate the refined design of the project. The request to allow the building height to be measured from a datum point, which is the average elevation of the property (11.50 MSL), is requested to address the fact th2tt the property has a slight (± 3 feet) drop off from Coast Highway to the Bay. Measuring the height in this fashion will make it easier to design a complying building, since it is difficult to "step down" a building of this nature as the elevation of the property drops off. The result of measuring the building in this manner is a slightly lower elevation of the building as viewed from Coast Highway, and a slightly higher elevation as viewed from the Bay. The PC Text change to allow the Planning Commission to approve architectural features in excess of the height limit is requested by the Balboa Bay Club because they feel that design features such as cupolas are a necessary part of quality design needed to meet the City's requirement for a first class facility. However, this desire for architectural features should be balanced against the potential impacts to views from residences which overlook the property. The Newport Beach Municipal Code currently includes provisions to allow approval of architectural features such as cupolas over the height limit through the approval of a Modification permit. However, given the location, nature of the features requested, and the sensitivities of the neighborhood, staff believes that should these architectural features be considered, there should be specific criteria for approval beyond the findings to approve a Modification. Therefore, should the Planning Commission wish to allow consideration of these architectural features, staff suggests that the PC Text include provisions for Planning Commission review and approval through a Use Permit, with required findings, as follows: • The size, scale and design of the feature is consistent with the design of the building. • The feature is no larger than necessary to achieve the architectural statement. • The feature will not significantly impact views from surrounding properties. • There are no more features than needed for architectural interest and they are compatible with the architectural style. Because of the City's directive to provide a first class facility on this site, and with the specific provisions which must be met to approve architectural features over the height limit, staff is in support of the requested amendments to the Planned Community District Regulations. Use Permit In addition to the Planned Community Text Amendments, an amendment to the Use Permit previously approved for the project is required to review the specific provisions related to parking, access and on -site circulation, and the architectural features (if allowed). PC Amendment No. 886 Use Permit No. 3526 (A) July S. 1999 Page 5 Parkins The parking for the Balboa Bay Club redevelopment was studied in the traffic analysis contained in the project's EIR. First, the existing parking demand for the facility was established through field counts on -site and on Coast Highway during peak utilization periods at 384 spaces. This parking demand includes employees currently parking on Coast Highway. Then the parking requirement of the additional facilities was estimated. The study indicated that the primary increase in parking demand would be attributable to the increase in hotel rooms and meeting space, since the actual membership of the club is not to be increased as a result of the project. These rates were %2 space for each additional hotel room, and l space for each 80 sq. ft of meeting space. Using these ratios, the increased parking need for the new project from the current parking demand is l l l spaces (15 for hotel rooms, and 96 for meeting space). This results in an overall parking demand of 495 spaces. Since the proposal is to provide 498 on -site parking spaces, staff is of the opinion that sufficient parking for the use (including al[ employees) will be provided on site. Access and On -site Circulation The proposed on -site circulation has been reviewed by the Public Works Department. While the general circulation remains very similar to the existing; patterns, some modifications do occur as a result of the construction of the parking structure. Two changes to the proposed access to the property have been requested by the Public Works Department, and have been incorporated into the . conditions of approval. These are that the easterly drive be redesigned to provide right turns in and out only, in conformance with the original conditions of approval; and that the main gate be modified to provide two lanes in and two lanes out; with a minimum of 24 feet required for each direction. With the implementation of these changes, staff is satisfied with the access and circulation. Architectural Features (This portion of the analysis is relevant only if the Planning Commission includes the architectural feature provisions in the PC Text Amendment.) The plans for the project show architectural features in excess of the 35 foot height limit. The main hotel building has three features which exceed the height limit. There is an open cupola on the southwest corner of the building which is 16 feet by 16 feet (256 sq. ft. footprint), 22 feet over the height limit; a small roof variation at the approximate mid point of the Bay front elevation 2 feet over the height limit; and a series of balusters and roof edge elements on the Bay front elevation exceeding the height limit by 1 foot, with spaced corbels an additional l foot over height. Additionally, there is one "tower" element on the northeast comer of the athletic facility with the same dimensions and footprint as the cupola, which exceeds the height limit by 6 feet. This element is solid, with no openings. PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 6 Included in the Initial Study are visual simulations of the project as viewed from two locations on Kings Road. Also included for comparison are the visuals prepared as part of the EIR for the prior approval. The exhibits show that the cupola on the main building is the most significant of the architectural elements, as it is 22 feet above the roof line. The visuals show that the proposed cupola does obscure a small part of the view of the Bay from the two locations analyzed. The exhibits also show that the upper part of the cupola fades into the background of the residential development on Lido Isle on the other side of the Bay channel. Additionally the area of Bay obscured is a relatively small part of the overall view. The 2 foot roof variation in the middle of the main facility is also shown. However, the graphic representation of the second element on the main building is erroneous, as it depicts the element as if it were 6 feet over the height limit. Therefore, the impact to the view of the Bay is less than shown, although it will still reduce the water view of the Bay. The athletic facility tower does not have any view impacts due to its location closer to West Coast Highway, and it is essentially "shadowed" by the other buildings on site. In reviewing this aspect of the application, staff notes that the three tower elements do provide an attractive variation to the roof line of the buildings, are small in size as compared to the size of the buildings, and the cupola which encroaches the most into the Bay view is designed to be open in nature. Additionally, given the size of the two buildings proposed, the request for three tower elements over the height limits is a reasonable request since they are proposed only in the principal entryways for the athletic facility, hotel and restaurant. Also, the elements are consistent with the overall architecture of the building and appear integral to the design of the structures and uses. Therefore, staff is of the opinion that these features meet the criteria to exceed the height limit as provided for in the amended PC Text. In regards to the balusters, roof edge elements and corbels on the bay front elevation of the main building, staff is of the opinion that these are not architectural features which should be approved, because they run for virtually the whole length of the building. This constitutes a building that has simply been designed over the height limit. Traffic As part of the original approval, a Traffic Study was approved pursuant to the Traffic Phasing Ordinance. Subsequent to that approval, the City approved the Option and Lease Agreement, which established the time - frames for project implementation. Through this action, the tenure of the Traffic Study was established. As part of the Initial Study, review of the original conclusions of the traffic analysis was conducted. This review revealed that while the daily traffic is estimated to increase by 145 trips over the prior project, the peak hour change is very low (a decrease of 25 trips in the morning, and an increase of PC Amendment No. 886 Use Pemit No. 3524 (A) July S. 1999 Page 7 25 trips in the evening). A review of potentially affected intersections showed that no changes to the conclusions of the original study were identified. Recommendations No specific findings are required for zoning actions, except that they must be consistent the General Plan. Staff is of the opinion that the proposed changes to the PC Text are minor in nature, and needed to accommodate the updated design of the project, which have occurred as a result of the City's directives in the Option and Lease Agreements. Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit can be made for the proposed expansion because there is adequate on -site circulation, access and parking (including employee parking), and the facility can be expected to operate in a manner similar to the existing use. Additionally, the recommended conditions of approval should control impacts on neighboring properties and uses in the vicinity. Staff is also of the opinion that the requested architectural features, with the exception of the balusters, roof edges and corbels, are small in scale in relation to the buildings and provide architectural interest to the structure with minimal impact to views. Should the Planning Commission wish to approve the subject project, the actions, findings and conditions of approval set forth in the attached Exhibit "16" are suggested. Staff cannot reasonably conceive of findings for denial. since the proposed use in this particular case, conforms to all other requirements of the Balboa Bay Club Planned Community District Regulations and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted and prepared by. PATRICIA L. TEMPLE Planning Director FA_ m� PC Amendment No. 886 Use Pemit No. 3524 (A) July 8. 1999 Page 8 Attachments: Exhibit "A" with Resolution Initial Study Existing PC Text Site Plan, Landscape Plan and Elevations PC Amend=nt No. 886 Use Permit No. 3524 (A) July 8, 1999 Page 9 0 LJ EXHIBIT "A" FINDINGS, MITIGATION MEASURES AND CONDITIONS OF APPROVAL Amendment No. 877 Use Permit No. 3524 (Amended) A. Amendment No. 877: Adopt Resolution No. __, recommending to the City Council adoption of Amendment No. 886. B. Use Permit No. 3524 (Amended): Findines: 1. The Land Use Element of the General Plan, and the Local Coastal Program, Land Use Plan, designate the site for a mixture of Recreational and Marine Commercial and Multi- family Residential land use. The project as proposed is consistent with that designation since it is a visitor serving land use. 2. An Initial Study has been prepared to document the adequacy of the previously certified Environmental Impact Report to serve as the environmental document for this project. On the basis of that study, it has been determined that all significant environmental concerns for the proposed project have been addressed in that previously certified environmental document, and that it is adequate for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 3. Approval of Use Permit No. 3524 (Amended) will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • Access to the site, as modified by conditions of approval, will be adequate for the facility. • The parking provided on site will be sufficient for guests and employees. • The facility is expected to operate: in a manner similar to that which exists, which currently operates with few problems. 4. Approval of architectural features in excess of the height limit is appropriate in this case because: • The three tower elements are small in scale as compared to the size of the buildings. • The two roof elements on the maim building have a minimal impact to views from Kings Road. PC Amendment No. 936 Use Permit No. 3524 (A) July 8, 1999 Page 10 • The architectural style of the roof elements are consistent: with the overall design of the buildings. • There are no more architectural features than are necessary to achieve the architectural interest desired. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan, landscape plan and elevations, except as noted below. 2. All previously approved Conditions of Use Permit No. 3524 shall remain in affect unless otherwise noted below. 3. All mitigation measures adopted with EIR No. 152 shall be complied with. 4. The easterly entrance shall be redesigned to provide for right turns in and out only, in conformance with the EIR. 5. The drive exit radius from the easterly parking lot adjacent to the main entrance guard gate shall be modified to provide a minimum 50 foot radius unless otherwise approved by the Traffic Engineer. 6. A masterplan of water, sewer and storm drain shall be provided to the Public Works Department along with a hydrology and hydraulics study for the site that shows how the on -site drainage is handled. 7. Any Edison transformers required for the project shall be set back from the West Coast Highway entrances in order to provide sight distance in accordance with City Standard No. 110 -L. 8. A public access plan shall be submitted to the City Planning and Public Works Department for review and approval as required by the EIR. 9. A water improvement plan shall be submitted to the Public Works Department for review and approval prior to issuance of any grading permits. 10. Parking space and aisle dimensions in the parking lots and parking structure shall be shown on the plans submitted for building permits. 11. All monument signs shall conform to the City's Sight Distance Standard 110 -L. 12. Non - standard pavement in the West Coast Highway right -of -way shall be subject to the approval of CalTrans. PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page I 1 13. Sidewalks located in front of parking ;stalls shall be a minimum of 7 feet wide if . the curb is used as a wheel stop in order to provide a minimum 4 foot width for pedestrian traffic. 14. The valet station for drop- off /pick -up of vehicles shall be shown on the plans. All valet parking areas shall be defined on the plans. 15. All parking directional signage shall be noted on the plans. 16. The main entrance gate shall be modified to provide two lanes in and two lanes out of this access point. A minimum width of 24 feet is required for each direction. IT The landscaped island in the main entrance shall be shortened to provide access into the underground garage. 18. A truck access plan shall be submitted for approval by the Public Works Department showing how delivery trucks can be accommodated. 19. All employees shall park on -site. 20. Prior to the issuance of any building permit, the applicant shall provide to the . Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. 21. The project shall be designed to eliminate: light and glare onto adjacent properties or uses, and minimize visibility of light sources from any public street or neighboring properties. This shall be achieved by minimizing the number of light sources, and shielding and directing the individual light sources. Additionally, the height of the light poles and fixtures shall be limited to 16 feet maximum. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types, shielding attachments and other pertinent technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made part of the building set of plans for issuance of the final approvals. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to determine substantial conformance with the intent of this condition of approval, the control of light and glare. Limitations or requirements specified by this condition of approval shall be subject to review and approval by . the Planning Director. PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 12 22. The project operator shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement, particularly as they relate to pool and/or clubhouse activities and restaurant outdoor dining activities or functions. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Measured at the property line of commercially zoned property: Measured at the property line of residentially zoned property: Between the hours of 7:00 a.m. and 10:00 p.m. interior Exterior N/A 65 dBA N/A 60 dBA Between the hours of I o.m. and 7:00 a.m. IU!0 .1IZ:FoI:I N/A 50dBA 40 dBA 50 dBA 23. The applicant shall take steps to assure that noise from deliveries, refuse collection, employees, or cleaning crews do not affect near -by residents. 24. Doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant or banquet facilities, unless otherwise approved by the Planning Director. 25. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the _live entertainment to insure compliance with these conditions, if required by the Planning Director. Standard Requirements: 1. The on -site parking, vehicular circulation and pedestrian circulation systerns shall be subject to further review by the City Traffic Engineer. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. Sight distance at all entrances shall conform to the City's Sight Distance Standard 110 -L for a speed of 50 MPH. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. PC Amendment No. 886 Use Permit No. 3524 (A) July S. 1999 Page 13 r1 LJ 6. Coastal Commission approval shall be obtained prior to issuance of any grading or building permits. 7. A washout area for refuse containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 8. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 9. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 10. All trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. 11. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 12. The project shall comply with State Disabled Parking requirements. 13. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and final approval by the City Traffic Engineer. 14. Any encroachment of light standards into the parking stalls shall be per City Standard 805 - L. A. & B. 15. The minimum width for the access drives shall be approved by the City Traffic Engineer. 16. Prior to issuance of grading and building permits, unless otherwise approved by the Planning Director and the Public Works Department, the applicant shall prepare and submit a landscape and irrigation plan that shall be reviewed and approved by the Public Works Department and the Planning Director. 17. Prior to the issuance of the certificate of occupancy, the applicant shall schedule an inspection by the Code Enforcement Officer to verify completion and installation of the landscaping in accordance with the approved plan. 18. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. PC Amendment No. 886 Use Permit No. 3524 (A) July 8, 1999 Page 14 19. This Use Permit shall expire unless exercised within 24 months from the elate of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 20. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 21. All managers and employees serving and/or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body which the State may designate. The establishment shall comply with the requirements of this section within 180 consecutive days of the issuance of this use permit. 22. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. PC Amendment No. 886 . Use Permit No. 3524 (A) July 8. 1999 Page 15 RESOLUTION NO. . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE BALBOA BAY CLUB PLANNED COMMUNITY DISTRICT TO ESTABLISH THE PERMITTED GROSS FLOOR AREA AND ESTABLISH SPECIFIC PROVISIONS RELATED TO THE HEIGHT OF BUILDINGS AND ARCHITECTURAL FEATURES (PLANNING COMMISSION AMENDMENT NO. 886) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission is of the opinion that the proposed amendment to the Balboa Bay Club Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the Planning Commission conducted a public hearing on July 8, 1999, at which time this amendment to amend the Balboa Bay Club Planned Community District Regulations was discussed and determined to not significantly alter the character of the project as previously approved; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the City of Newport Beach has determined that the proposed project will not have a significant effect on the environment upon implementation of the mitigation measures set forth in the previously certified Environmental Impact Report prepared for the project pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 16 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 877 for the Balboa Bay Club Planned Community, as follows: 1. 2. 3. 0A SECTION II, Statistical Analysis, shall be amended to allow for 157 guest rooms and 240,000 gross square feet. SECTION VI A 1, Building Height, shall be amended to provide that the height be measured from the elevation point of 11.50 feet MSL. SECTION VI A 1, Building Height, shall be amended to include the following provisions: Architectural features in excess of the height limit may be permitted by the Planning Commission, subject to the approval of a Use Permit in each case. In considering architectural features pursuant to this provision, the Planning Commission shall find 'the following • The size, scale and design of the feature is consistent with the design of the building. • The feature is no larger than necessary to achieve the architectural statement. • The feature will not significantly impact views from surrounding properties. • There are no more features than needed for architectural interest and they are compatible with the architectural style. ADOPTED this day of Edward Selich, Chairman Richard Fuller, Secretary I•�9M 1999, by the following vote, to wit: PC Amendment No. 886 Use Permit No. 3524 (A) July 8. 1999 Page 17 • L 0 L] EXPANDED INITIAL STUDY AND ADDENDUM to Final EIR 152 FOR THE PROPOSED BALBOA BAY CLUB AND RESORT EXPANSION (FORMER BALBOA CLUB EXPANSION AND REMODELING EIR No. 152) Lead Agency: City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 92658 -8915 (949) 644 -3200 Ms. Patricia L. Temple, Planning Director Prepared For: International Bay Clubs, Inc. on behalf of BBC Property, Inc., d.b.a. The Balboa Bay Club 1221 West Coast Highway Newport Beach, California 92660 (949) 645 -5000 David C. Wooten, President Prepared By: Culbertson, Adams & Associates, Inc. 85 Argonaut, Suite 220 Aliso Viejo, California 92656 -4105 (949) 581 -2888 Contact: Phil Martin, Vice President 0 JUNE 1999 TABLE OF CONTENTS 9 Chapter Title Page 1. Introduction ..................... ............................... 1 1.1 General ................. ............................... 1 2. Project Description ................ ..............................4 2.1 Location ................. ............................... 4 3. Comparison of Requested Actions with Discussions in Final EIR 152 ......... 8 3.1 General .................. ............................... 8 3.2 Topical Discussions ......... ............................... 8 3.2.1 Land Use ............ ..............................8 3.2.2 Consistency with Coastal Commission Conditions ............ 9 3.2.3 Population and Housing .............................. 11 3.2.4 Geologic Problems ... ............................... 12 3.2.5 Water ............. ............................... 13 3.2.6 Air Quality ......... ............................... 15 3.2.7 Transportation/Circulation ............................ 16 3.2.8 Biological Resources . ............................... 18 3.2.9 Energy and Mineral Resources ......................... 18 3.2.10 Hazards ........... ............................... 18 3.2.11 Noise ............. ............................... 19 3.2.12 Public Service and Utilities ............................ 21 3.2.13 Aesthetics .......... ............................... 21 3.2.14 Cultural Resources ... ............................... 34 3.2.15 Recreation ......... ............................... 34 4. Inventory of Applicable Mitigation Measures .......................... 35 5. Conclusion ....................... .............................39 Appendices A Coastal Commission - Notice of Intent to Issue Permit B Traffic Analysis Balboa Bay Club - Expanded Initial Study Page i rC 11 13. Landscape Entry Elevations ........................................ 33 Balboa Bay Club - Expanded initial Study Page H LIST OF EXHIBITS Exhibit Page 1. Regional Map .................................................... 5 2. Vicinity Map ..................................................... 6 3. Proposed Site Plan ................................................ 7 4. Exterior Elevations .............................................. 23 5. Exterior Elevations .............................................. 24 6. Exterior Elevations .............................................. 25 7. Building Sections ................................................ 26 8. Approved Project Building Massing .................................. 27 9. Proposed Project Building Massing .................................. 28 10. Proposed Project Building Massing .................................. 29 11. Site Section - Kings Road ......................................... 30 12. Conceptional Landscape Plan ....................................... 32 11 13. Landscape Entry Elevations ........................................ 33 Balboa Bay Club - Expanded initial Study Page H LIST OF TABLES Table Page 1. Statistical Summary of Proposed Improvements ............................ 9 2. Traffic Trip Generation .............. ............................... 17 Balboa Say Club - Expanded Initial Study Page iii J! • • FOREWO -) Pursuant to California Public Resources Code §21082.1, the City of Newport Beach has independently reviewed, analyzed and controlled the information contained in this Expanded Initial Study and Addendum prior to its distribution. The discussions and conclusions contained herein reflect the independent judgment of the City of Newport Beach as to those issues at the time of preparation. Balboa Bay Club • Evpanded Initial Study Page iv f� 1. INTRODUCTION 1.1 General The proposed project consists of revising the previously approved project for the expansion and remodeling of existing facilities at the Balboa Bay Club with a new proposed site plan. This Expanded Initial Study and Addendum has been prepared to analyze the proposed discretionary actions; Coastal Development Permit and Site Plan approval, to determine if previously prepared Final EIR 152 adequately addresses the impacts resulting from this project. Final EIR 152 was initially certified as final and adequate on July 25, 1994, for the approved project in connection with the approval of Zoning Amendment No. 787, Use Permit No. 3524 and Traffic Study No. 100. The City of Newport Beach has determined that an Expanded Initial Study and Addendum shall be prepared to evaluate the environmental consequences and mitigation measures associated with the proposed remodel and expansion plans for the Balboa Bay Club. This Expanded Initial Study and Addendum observes the provisions of California Public Resources Code §21000 et seq. (the California Environmental Quality Act; hereinafter "CEQA "), California • Code of Regulations §15000 et seq. (hereinafter "CEQA Guidelines "). The CEQA Guidelines authorize the use of an Initial Study for the purpose of determining whether a previously prepared EIR can be used for a project (CEQA Guidelines §15063(c)(7)). In addition to using an environmental checklist form, this document will analyze identified topical areas for disclosure of any new or more severe impacts not previously anticipated. The completed Environmental Checklist form for the proposed project is shown in Appendix A. Section 21166 of the California Environmental Quality Act (CEQA, Public Resources Code §21000 et seq.) sets the standard to determine whether another EIR should be prepared when an original EIR has been prepared. Section §21166 states: When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: Substantial changes are proposed in the project which will require major revisions of the environmental impact report. Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report • Balboa Bay Club - Expanded Initial Study Page I • New information, which was not known and could not have been known at the time the environmental impact report was certified as complete becomes available. Section 21166 is further explained in the CEQ�A Guidelines at § 15162, by the following language: When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines on the basis of substantial evidence in the light of the whole record, one of more of the following: Substantial changes are proposed inn the project which will require major revisions of the Previous EIR or negative declaration due to the involvement of new significant, environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is unndertakenn, which will require major revisions oj''the previous EIR or negative declaration due to the involvement ofnew significant environmental effects or a substantial increase in the severity of previously idenuifned significant effects, or . New information of substantial innportance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: The project will have one or more signifnca t effects not discussed in the previous EIR or negative declaration; (B) Significant effects prelfionrsly examined will' be substantially more severe than shown in the previous EIR; Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one of more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one of more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if Balboa Bay Club - Expanded Initial Study Page 2 'r required under subsection (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. If the project was approved prior to the occurrence of the conditions described in subsection (a), the subsequent EIR or negative declaration shall be prepared by the public agency which grants the next discretionary approval for the project. In this situation no other responsible agency shall grant all approval for the project until a subsequent EIR has been certified or subsequent negative declaration has been adopted. A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 1.1072. .4 subsequent EIR or negative declaration shall slate where the previous document is available and can be reviewed. The key to §21166 and §15163 is to determine if any circumstances have changed dramatically enough to justify repeating a substantial portion of the environmental documentation process. If conditions do not justify a new or subsequent EIR, but minor additional or technical changes are appropriate to keep the document current and useful, an agency may prepare an Addendum (CEQA Guidelines § 15164). This Expanded Initial Study will document the character of any changes or additions to determine whether an Addendum may be prepared. It will also provide an opportunity to evaluate all components of §15162 to determine if Final EIR No. 152 adopted for the previous project reflects the scope of environmental impacts associated with the previous project. Where appropriate, citations to the previous EIR will be made. Assumptions made in the previous EIR will also be evaluated for continuing validity. Additionally, this Expanded Initial Study and Addendum investigates whether a potential area of impact previously addressed in Final EIR No. 152 will be substantially more severe than previously anticipated, requiring significant revisions in said previous documentation. If the scope of impact remains the same in this proposal as was originally addressed in Final EIR No. 152, that fact will be noted in the text. In such cases, mitigation measures suggested are designed to further refine and implement environmental objectives enunciated in the previous Final EIR No. 152. The following Environmental Analysis section expands on the responses of the completed Environmental Checklist in EIR No. 152, Appendix A.. Balboa Bay Club -Expanded Initial Study Page 3 0 N . 2. PROJECT DESCRIPTION 2.1 Location The Balboa Bay Club site is located in the City of Newport Beach. Newport Beach is located in the western central area of Orange County as shown in Exhibit 1, Regional Location Map. More specifically, the Balboa Bay Club is located at 1221 West Coast Highway as shown in Exhibit 2, Vicinity Map. The project site is bounded on the south by the Lido Channel of Newport Bay, to the west by the Boy Scout -Sea Scout Base, to the east by the Bayshores single:- family detached residential development, and to the north by Pacific (West) Coast Highway and retail and service commercial establishments. The site is located within a developed area of the City with approximately 1,575 feet of waterfront area along Lido Channel. Description of Approvals Requested The proposed project requires a revision to the previously approved project of approximately 214,000 gross square feet (189,000 net square feet) to the current proposed project consisting of 235,575 gross square feet (213,355 net square feet), resulting in an increase of 21,575 gross square feet. A copy of the proposed site plan is shown as Exhibit 3. . As a result of the proposed revisions to the previously approved site plan, the project applicant will have to obtain the following discretionary actions: City of Newport Beach• I. Amendment to Planned Community District Regulations California Coastal Commission• Pursuant to the Public Resources Code 30000 et seq. a Coastal Development Permit was required for this project because the project site is located within the coastal zone. The Coastal Commission, on March 9, 1995, granted to the Balboa Bay Club, permit number 5 -94 -265 subject to conditions for development of the project. The current proposal will also have to be reviewed by the Coastal Commission to determine whether it is consistent with the existing Coastal Development Permit, or whether an amendment is required. Balboa Bay Club • Expanded Initial Study Page 4 _,N,. LOS ANGELES r COUNTY PACIFIC OCEAN VICINITY MAP NEWPORT BEACH, CALIFORNIA SAN BERNARDINO COUNTY RIVERSIDE COUNTY ORANGE COUNTY SAN DIEGO COUNTY MAP NOT TO SCALE ®, Regional Location Map CULBERTSON. ADAMS Sc ASSOCLATES _ C PLANNING CONSULTANTS EXHIBIT 1 0 CJ u Project Location F v ti CULBERTSON. ADA,vs &ASSOCIATES PLANNING CONSULTANTS 1. Vicinity Map EXHIBIT 2 3. COMPARISON OF REQUESTED ACTIONS WITH DISCUSSIONS IN FEIR 152 3.1 General The current project proposal refines the previous approved project with more detail in terms of uses and square footage associated with the various uses. Table 1 presents a summary of the proposed improvements compared to the improvements approved by the City of Newport Beach for the site in 1994 and the existing facilities on the site. 3.2 Topical Discussions 3.2.1 Land Use and Planning The previously approved Balboa Bay Club expansion project resulted in the adoption of a planned community district designation and reclassified the zoning of the property from R -4 to Planned Community (P-Q. The current land use and zoning on the property allows a Floor Area Ratio (FAR) of 1.0. Based on the size of the property, the current FAR allows the development of up to 282,051 feet of commercial use as stated on page 89 of Final EIR No. 152. The current project proposes development of 235,575 gross square feet with a resulting :FAR of 0.87, consistent with the General Plan for the site which allows a FAR of 1.0. The current project approved for the site has a FAR of 0.79. FEIR 152 did not identify any significant land use or planning impacts associated with the previously approved project. Over the past several years the approved ;plan has been further refined through the applicants design development process. The current proposal is very similar to the approved project and meets the intent of the types of land uses allowed by the land use and zoning designations for the site. As such, the current proposal, as with the approved project, will not result in any significant land use or planning impacts. Therefore, no land use mitigation measures are recommended for the proposed project. The project site is subject to applicable policies stated in the Local Coastal Program/Land Use Plan (LCP/LUP) and City policies regarding public access in coastal areas. As with the previous project, the proposed project is subject to public access to the bulkhead area of the harbor. Public access to the shore by the previous project was provided both laterally (parallel to the shore) and vertically (perpendicular to the shore) through easements. There was a mitigation measure recommended in FEIR 1521 regarding public access through the Club to publicly owned land, including the bulkhead. The mitigation measure recommended in FEIR 152 regarding the protection of public access, unless determined to create a public safety hazard, required 'Final Program EIR No. 152, page 98 Balboa Bay Club . Expanded Initial Study Page a the project applicant to provide a Public Access Plan to allow access to the shoreline to the general public. As with the approved project, the current project proposal provides a public access easement through the Club to and along the shoreline. Table I Statistical Summary of Proposed Improvements CLUB FACILITIES EXISTING PROPOSED PROJECT APPROVED PROJECT Guest Rooms 77,410 sq. ft. (128 rooms) 107,543 sq. ft. (157 rooms) 112,806 sq. ft. (145 rooms) Public Assembly Area 31,507 sq. ft. 39,104 sq. ft. 45,386 sq. ft. Administrative 9,462 sq. ft. 12,953 sq. ft. 16,950 sq. ft. Service Area 21,824 sq. ft. 54,155 sq. ft. 23,776 sq. ft. Athletic Facility 13,244 sq. ft. 21,820 sq. ft. 15,216 sq. ft. Miscellaneous 1,856 sq. ft. 0 sq. ft. 0 sq. ft. TOTAL 155,303 sq. ft. 235,575 sq. ft 214,134 sq. ft. Parking Spaces 376 498 466 3.2.2 Consistency with Coastal Commission Conditions On March 9, 1995 the California Coastal Commission granted to the Balboa Bay Club, permit 5 -94- 265 subject to conditions for the development of the approved club expansion and remodel. The Coastal Commission will issue the permit once all conditions are met. A copy of the Notice of Intent to Issue Permit is included as Appendix A. Below are the conditions required by the Coastal Commission for the approved project and how the conditions apply to the proposed project. The discussion will address each of the main conditions listed in the Notice of Intent to Issue Permit and their application to the proposed project. Standard Conditions: The Coastal Commission listed seven (7) standard conditions for the approved project. The seven conditions basically included: notice of receipt and acknowledgment; expiration; compliance; interpretation; inspections; assignment; terms and Balboa Bay Club • Expanded Initial Study Page 9 0 conditions that run with the land. The proposed project will be subject to the same conditions and will adhere to and meet all seven standard conditions listed for the approved project. Special Conditions: The special conditions along with their application to the proposed project are discussed below: Public Amenities Lease Restrictions: This restriction addresses the public access issue and requires the project applicant to keep open to the public those areas designated on the plan as public areas and the public use areas can not be converted to private use in the future. The project applicant agreed to this condition with the approved project and will adhere to and meet all conditions regarding this issue as listed on the permit for the proposed project. Agreement to be Bound: This condition requires the permitee to obtain a written agreement from the owner stating that in the event of termination of the lease and for as long as the building and facilities constructed pursuant to the coastal development permit exist, the owner of the property will agree to provide public access on the property. The project applicant agreed to this condition for the approved project and will comply with the condition for the proposed project. Skmage Program: The signage program condition requires the project applicant to provide signage clearly visible to motorists on Coast Highway of the availability of on -site public amenities. The proposed project will comply with this condition. Outdoor Dining: This condition requires that no outdoor dining shall occur in any public access walkway areas and the public access walkway is a minimum of 10' in width. As shown on the proposed plans in Exhibit 3, the proposed project will comply with this condition. Regional Water Ouality Control Board Approval: The project applicant will comply with this condition and submit to the California Regional Water Quality Control Board, the proposed development plan. Evidence of approval of the plan by the California Regional Water Quality Control Board must be presented to the Executive Director of the Coastal Commission prior to the issuance of a coastal development permit. Geologic Recommendations: The project applicant for the proposed project will comply with this condition that states that prior to the issuance of the coastal development permit the applicant shall submit to the Executive Director for approval, the grading and foundations plans signed by the geologic consultant that the recommendations contained in the geologic report have been incorporated into the project. Along with this condition, an updated geologic report to reflect the new proposed project will have to be submitted to the Executive Director for review. Balboa Bay Club - Expanded Initial Study Page 10 Special Events: The project applicant will adhere to this condition for the proposed project which generally requires the applicant to provide parking on -site for the general public during special events at the Club. Terrace Apartments! The project applicant will adhere to this condition regarding future redevelopment or renovation of the Terrace Apartments that public access at that location shall be considered. Phasing Plaw The project applicant will adhere to this condition regarding phasing. Although the proposed project may have a different phasing plan than the approved plan, the applicant will meet the intent of this condition and develop the project in compliance with an approved phasing plan. In conclusion, the project applicant will meet and comply with all Coastal Commission conditions imposed for the previous project for development of the proposed project'. The following mitigation measure listed on page 98 of Final EIR No. 152 is applicable to the proposed revised project. Mitigation Measure 1. The project site plan shall include a Public Access Plan. Prior to issuance of any occupancy permit, public pedestrian walkways, parking areas and directional signage shall be installed in cot formance with the Public Access Plan. Public access areas shall remain open at all time, inchnding during construction of snbsegnew project phases, unless it is determined by the Building Director that access would create a public safety hazard. 3.2.3 Population and Housing The Environmental Checklist completed for the previously approved project did not identify any potential significant population or housing impacts'. As with the previously approved project, this proposal will also not result in the development of new housing. As a result, the project proposal will not increase or change the City's current housing projections and /or inventory. The proposed project is not anticipated to increase the number of people currently employed at the existing facility. The existing facility employees approximately 228 people throughout most of the year with up to 240 employees during special events such as Christmas. The proposed development plan is expected to employee the same number of people as the existing facility, but on occasion could employ up to 240 people, similar to the existing operation. `Appendix A. Coastal Commission Notice of intent to Issue Permit, pages 2 -5. 3EIR No. 152. Appendix A. Initial Study/Notice of Preparation. page 3. Balboa Bay Club - Equnded Initial Study Page I 1 During construction of the hotel some existing employees will be unemployed. Upon completion of the hotel those existing employees that are unemployed will be contacted for re- employment prior to any other applicants. It is anticipated that the previous employees that are re -hired as well as any new employees will commute to the project site from their current place of residence and not relocate to Newport Beach. For those very few employees that may relocate to Newport Beach the City has a variety of housing types and price ranges available to serve their housing needs. Since there will not be a large number of employees relocating to Newport Beach the project is not anticipated to have a significant impact on existing housing stock or require the need for new housing. Because the project is not anticipated to have any significant population or housing impacts, no mitigation measures are required. 3.2.4 Geologic Problems As with the previous project, the current project proposal will also require demolition of existing structures and grading of the site to accommodate the proposed buildings. Along with grading for building pads and parking lots, soil will have to be excavated for the proposed subterranean parking under the hotel. The approved project required approximately 13,500 cubic yards of cut, most which was required for the subterranean parking. The proposed site plan will require approximately 18,700 cubic yards of cut, most which will also be required for the subterranean parking. The proposed project will also require approximately 2,200 yards of fill, resulting in 16,500 net cubic yards of dirt export. Because there will be more cut with the proposed site plan, additional truck trips to haul dirt from the site will be required. Trucks hauling dirt from the site will have to follow an established truck haul route that will be approved by the City of Newport Beach Public Works Department prior to the issuance of a grading permit. The finish floor of the proposed subterranean parking structure will be approximately two feet shallower than the previous approved project. Although the proposed subterranean parking area will be shallower than the approved project, the proposed subterranean parking will be larger in size, requiring more dirt to be removed than the approved project. Based on a preliminary review of the proposed project by the geotechnical consultant, there are not any new geotechnical issues or constraints associated with the current project proposal that would prohibit development of the proposed project. In conjunction with submittal of a grading plan to the City for approval, the project applicant will also be required to submit a preliminary geotechnical report signed by a licensed geotechnical engineer. The geotechnical report will provide recommendations for developing the project site from a geotechnical standpoint. The geotechnical report will ;list recommendations for any remedial geotechnical work that will have to be completed during grading and construction to allow development of the project in compliance with the Uniform Building Code. Balboa Bay Club - Expandad initial Study Paps: 12 The Environmental Checklist completed for the previously approved project did not identify any potential significant geologic and /or landform impacts.` No new geotechnical impacts have been identified with the proposed project, therefore, no geotechnical mitigation measures are required. 3.2.5 Water The proposed project will require similar grading and construction procedures as required by the approved project in order to be developed. As with the approved project, the proposed project will be required to submit a Water Quality Management Plan (WQMP) identifying the Best Management Practices (BMP's) that will be used on -site to control predictable pollutant runoff. In addition, the project developer will also have to obtain either a National Pollutant Discharge Elimination System (NPDES) permit or a Waste Discharge Requirement (WDR) permit, as required from the Santa Ana Regional Water Quality Control Board for dewatering during construction. The WQMP and NPDES permits are required by the existing approved project and will be required by the proposed project, if approved. Because the proposed project will not require excavation as deep as the existing approved project (2 feet shallow), there may not be as much dewatering required during excavation for the subterranean parking. Therefore, the proposed project may result in less dewatering than the existing approved project. The proposed project will require the same type and number of BMP's as part of the WQMP as required for the approved project. The proposed project does not propose any new uses or construction techniques that would require a change or increase in the type of BMP's anticipated for the approved project. MITIGATION MEASURES The same mitigation measures listed in FEIR 1525 are applicable to the proposed project and are listed below: 1. Prior to the issuatce of a precise grading permit, the developer shall submit a Notice of Intetrt to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity to the California State Water Resources Control Board. Evidence that coverage rider the General Permit has been obtained shall be presented to the Director of Public Works prior to the issuance of any grading or building permits. 3. Prior to issuance of a precise grading permit, the developer shall submit a Water Quality Matagement Plan (WQMP) identifying the Best Management Practices (BMP's) that will be used otr -sire to control predictable pollutant runoff. These plans shall idetrl fy the types 4EIR No. 152. Appendix A Initial Study/Notice of Preparation, page 1. 5EIR No. 152. pages 64-65. Balboa Bay Club • Expandd Initial study Page 13 I of structural and non- structnral measures to be used as specified in the Best Management Practices for New Development Appendix to the Orange County Drainage Area 0 Management Plan, the locations of structural BMP's, and assigtument of long -term maintenance responsibilities, all in a manner meeting the approval of the Public Works Director. 4. Prior to issuance of a grading permit, the developer shall obtain either a National Pollutant Discharge Elimination System (NPDES) Permit a- a Waste Discharge Requirements (VDR) permit, as required, front the Santa Alto Regional Water Quality Control Board for dewatering dnring construction. 5. Prior to issuance of a grading permit, the Director of the Building Department shall ensure that the grading plait includes a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. Prior to issuance of building permits, said improvements shall be constructed ill a manner meeting the approval of the Director of the Building Department. 6. Prior to issuance of an occupancy certificate, the Director of the Building Department shall ensure that all ou1falls into the bay shall have flapgaies attached to the storm drain outlels to serve as a backflow prevention device. 7. Existing on -site drainage facilities shall be improved to the satisfaction of the City Engineer prior to the issuance of a building permit A hydrology and hydraulic study and a master . plait of water, sewer and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to the issuance of building permits. Any modifications to the existing storm drain system shall be the responsibility of the developer. LJ 8. All storm drain facilities in the project and not located on public rights -of -way shall be cleaned and maintained by the Balboa Bay Club operator as reasonably Necessary, but not less frequently than once per year prior 10 October 1. 9 The project sponsor or his successor shall ensure that driveways and parking lots in the project shall be swept at least monthly using a vacmtm -type sweeper. 10. Prior 10 issuance of an occupancy permit, a landscape plan prepared by a licensed landscape architect, which includes a maintenance program that controls the use of fertilizers and pesticides, shall be reviewed by the General Services Department and shall be approved by the Planning and Public Works Departments. The plan shall include an irrigation .system designed to avoid surface rutuoff alld over - watering. Prior to the issuance of all occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 9nlboa Pw Club. E,panded Initial Study Pagc 14 i; 11. Prior to issuance of building permits, the City Engineer shall ensure that drainage facilities are designed to remove oil and grease from run -off prior to discharge into the public storm drains. The project sponsor or his successor shall maintain such facilities on a regular basis. 3.2.6 Air Quality The State Health and Safety Code (40460- 40470) and the California Clean Air Act (40910 - 40926) require an ongoing planning effort to demonstrate attainment of all ambient air quality standards established by the federal and state Clean Air Acts. The South Coast Air Quality Management District and the Southern California. Association of Governments prepared and approved a revised Air Quality Management Plan in 1991 in conformance with state and federal requirements. The Final Program EIR for the 1997 Air Quality Management Plan prepared by the South Coast Air Quality Management District ( SCAQMD) and the Southern California Association of Governments (SCAG) describes the general and cumulative impact of region -wide development on the air quality of the South Coast Air Basin, including Newport Beach. The Final Program EIR states: "The Program also plays an important role in establishing a structure within which future CEQA reviews of specific control measures can be effectively conducted. The AQMP Program EIR focuses subsequent environmental review on relevant control measure implementation issues. This concept of covering general matters in the Program EIR with subsequent narrower EIR's for specific projects and with incorporation by reference of the general discussion is known as "tiering" (CEQA Section • 15385). The intent of this Program EIR is to allow project - specific EIR's to be focused solely on the detailed environmental impacts of the project not considered in the AQMP EIR (CEQA Guidelines 15168(d))." No changes have occurred in this topical area, with the exception of the adoption of the updated 1994 Air Quality Management Plan (AQMP) by the SCAQMD Board of Directors on September 9, 1994. The City of Newport Beach was included in the assumptions for development in the 1994 AQMP. The proposed project will result in generally the same amount of development as the approved project. Although the proposed project is approximately 21,575 net square feet greater in size than the currently approved project, it is not anticipated the construction techniques and /or time of construction will be significantly increased, resulting in greater construction emission impacts. As a result, the proposed project is not anticipated to result in any greater short-term air emissions than estimated for the approved project. The proposed project will also generate long -term air emissions such as motor vehicle and stationary on -site emissions. The on -site emissions are associated with the combustion of natural gas associated with hot water and space heating. FEIR 152 did not identify any air emissions that would exceed the South Coast Air Quality Management District thresholds for any pollutants during the long -teem. Balboa Bay Club- Eaputded Initial Study Page 15 As with the approved project, the proposed project also is not anticipated to have any long -term air emission impacts. MITIGATION MEASURES As with the approved project the following measures are recommended for the proposed project to reduce short-term construction emissions': 12. The frnalgradingplanshall include measures to control and minimize dust during grading as required by Rule 403. 13. Suspend grading operations during first and second stage smog alerts. 1.1. Maintain construction equipment with properly tuned engines. 15. Use of on -site pov1 er when feasible instead of portable generators. 16. Use of low - sulfur fuels for stationary construction equipment when feasible. 3.2.7 Transportation/Circulation An updated traffic study has been prepared for the proposed project by WPA Traffic Engineering which analyzes the impact of the proposed project on the peak hour traffic and circulation system. The conclusion of the traffic report indicates the project will not have any significant or new traffic impacts to those identified with the approved project. As shown in Table 2 below the project will result in an increase of 145 daily vehicle trips over the approved project. The project will also have a slight increase in traffic volumes associated with ingress and egress during the AM and PM peak hours, respectively. However, the project will not result in any new significant traffic impacts. A traffic letter indicating the insignificant traffic impact by the project is included as Appendix B of this Expanded Initial Study and Addendum. The proposed project will provide 498 parking spaces which meets the number of spaces required by the City. The parking code requires 484 parking spaces, therefore the project will provide 14 more spaces than required by the parking code for the uses proposed. The approved project includes measures to mitigate potential traffic impacts associated with the project.' The traffic mitigation measures adopted for the approved project are applicable to the 'EIR No. 152, page 60. HEIR No. 152. page 109. Balboa nay Club • Eapandcd Initial Study Pag< 16 proposed project and are listed below. Incorporation of the following mitigation measures will reduce traffic impacts to a level of insignificance. Table 2 Trip Generation LAND USE SIZE TRIP ENDS DAILY AM PEAK HOUR PM PEAK HOUR IN OUT IN OUT Hotel 29 Rooms 210 10 5 10 5 Restaurant 4,609 SF 460 10 10 10 5 Meeting Roomsf1' 1,851 SF 55 5 0 0 5 Office 3,491 SF 120 5 Nom Nom 5 Athletic Club 4,922 SF 220 5 Nom 5 no TOTAL LOGS 35 IS 2S 30 PREVIOUS TOTALS 920 30 50 35 -5 ITI CHANGE +145 +5 -35 -10 +35 See narrative in ongmal traffic study for basis of estimates. 17. A traffic signal shall be installed on Coast Highway at the main entrance to Balboa Bay Club prior to the commencement of demolition or construction. If the traffic signal is installed by another parry in connection with a separate project, Balboa Bay Chnb shall reimburse said parry the amount of one -half of the cost of installation of the traffic signal prior to issuance of any demolition or building permit for Phase I of the project. Further, the Balboa Bay Chub shall provide an easement for the installation of underground metal defectors in correction with the traffic signal at such time when the installation is proposed. l8. The Building Department shall ensure that no construction equipment storage on West Coast Highway or deliveries or off - loading will be made in the West Coast Highway right -of -way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. Balboa Bay Club - Expanded Initial Study Page 17 0 19. Prior to issuance of a building permit, the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject ao further review by the City Traffic Engineer and sidewalks shall be provided between Coast Highway and building entrances. 10. Prior to issuance of grading permits, the City Engineer shall ensure that the intersection of West Coast Highway and the main entrance drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour acrd sidewalk bicycle traffrc. Slopes, landscaping, walls, and other obstructions shall be considered in the sight distance requirements. The sight distance requirements maybe modified at non- critical locations, subject to approval by the City Traffic Engineer. 3.2.8 Biological Resources There were no significant biological resource impacts associated with development of the previously approved project! Since the project site is completely developed with buildings and pavement, development of the proposed project will not have any significant biological impacts. As a result, no mitigation measures are required. 3.2.9 Energy and Mineral Resources There were no significant energy or mineral resources identified with the previously approved project.' Although energy and mineral resources will be consumed during both construction as well as throughout the life of the project, the consumption of energy and mineral resources will not be significantly greater than the approved project and will not deplete these resources. Since no significant energy or mineral resource impacts have been identified, no mitigation measures are required. 3.2.10 Hazards There were no significant hazard impacts identified with development of the previously approved project.10 The proposed project also is not anticipated to have any significant hazard impacts. The only potential hazard impact would be during project construction with the on -site use of motor fuels, motor oils and lubricants by construction equipment. The storage of small quantities of fuels, motor oils and lubricants on -site would have a minimal impact for potential hazards OEIR No. 152. Appendix A Initial Study/Notice of Preparation, pages 2 -3. 9EIR No. 152, Appendix A Initial Study/Notice of Preparation, page 4. roEIR No. 152. Appendix A Initial Study/Notice of Preparation, page 3. Ballwa Bay Club - Expanded Initial Study Page Is associated with a spill of these materials. Since no significant hazard impacts have been identified, no mitigation measures are required. 3.2.11 Noise As noted in Final EIR No. 152, the approved project will have both short-term as well as long- term construction and operational noise impacts to surrounding land uses.11 The existing residential uses adjacent to the site will experience noise level increases during project construction. The potential short-term noise impacts to adjacent residents include construction noise during demolition of the existing structures and construction of new buildings. Construction noise impacts include the operation of construction equipment, vehicles entering and leaving the site for deliveries of equipment and supplies, etc. Residents adjacent to the site will be subject to similar noise levels during construction of the proposed project as with the approved project. Restricting project construction to hours allowed by the City of Newport Beach Municipal Code will minimize construction noise impacts to area residents, particularly residents adjacent to and east of the site. The long -term noise levels generated by the proposed project include day -to -day operations of the club. The day -to -day noise levels will be associated with the movement of cars throughout the parking lots, delivery trucks entering and leaving the site, opening and shutting of car doors, etc. The residents east of the site will experience long -term noise level increases similar to the long- term noise levels associated with the proposed project as discussed in Final EIR No. 152. While the proposed project will have long -term noise impacts to those residents adjacent to the Club similar to the currently approved project, the noise impacts are not anticipated to be any greater than these identified in EIR 152. The current project proposal provides two access points to the subterranean parking. One is at the west side of the hotel in the same general location as the approved project. The second access point is located in the southeast corner of the site. The second access point in the southeast corner of the site was not included in the approved project, and will result in more cars traveling along the east side of the project, increasing traffic noise levels on this portion of the site. During events that require use of all on -site parking, additional traffic along the east side of the project will result in increased noise levels to residents closest to and east of the project. The construction of a six -foot noise wall along the east project boundary, as required by the existing approved project, will mitigate noise level increases to residents east of the site due to traffic along the east side of the project. Although the proposed project will have both short-term and long -term noise impacts, they will HEIR No. 152, pages 73 -83. Balboa nay Club- Expanded Initial Study Page 19 t; not be any greater than associated with the approved project because the proposed project is very similar in size and scale to the approved project. There will not be any additional or new uses associated with the proposed project that would increase or have new noise impacts that were not identified with the approved project. The incorporation of the following noise mitigation measures for the approved project will mitigate potential noise impacts associated with the proposed project.12 MITIGATION MEASURES 21. Prior to the issuance of any grading permits, the- project applicant shall provide evidence acceptable to the Director of the Building Department that: a. All construction vehicles or equipment, fixed or mobile, operated within 1, 000 feet of a dwelling shall be equipped with properly operating and maintained nn ffers. b. All operations shall comply with the City of Atewport Beach Municipal Code regarding noise. c. Stockpiling and %or vehicle staging areas shall' be located as far as practical from dwelling units. • 22. Prior to the issuance of building permits, the Director of the Building Department shall ensure that all non- residential structures shall be sound attenuated against the combined impact of all present attd projected noise front exterior sources to meet the interior noise criteria as specified in the Noise E• lenteut, which range front 45 dBA for hotels to 55 dBA for restaurants. 23. During construction, inspectors of the Building Department shall ensure that construction activities shall be conducted in accordance with the City of Newport Beach Municipal Code which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 ant. to 6:00 p.m. on Saturday and 10:00 a.m. to 6:00 p. m. on Sunday and holidays. 24 If necessary, the project applicant shall apply for a waiver of the City noise abatement regulations to allow for dewatering and if needed, pouring of builditng fotmdations. Electric pumps shall be required for dewatering equipment to reduce noise levels. The continuous concrete pour shall be scheduled outside of the peak traffic period to the extetnt feasible and shall encompass no more than one nighttime period 25. At the time the City approves the requested waiver of City noise abatement regulations to allow for dewatering and pouring of the building foundation, the City Engineer shall 12EIR No. 152. pages 84 and 86. &ilboa nay Club - Ea7unded Initial Study Page 20 determine if it is necessary to require barriers or baffles to reduce noise from • construction equipment as not to exceed 50 dBA at the property lines. If required, the applicant shall install such measures prior to beginning of any activities f it which a waiver was granted. 26 Prior to the issuance of a building permit, the Building Department shall ensure that any mechanical equipment and emergency power generators shall be screened from view and noise associated with said structures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualifned acoustical engineer and approved b the Building Department. 27. The project applicant shall ensure that loading dock activities are restricted as follows: a. Loading dock deliveries shall occur beiaeen the hours of 8:00 a.nu. and 5:00 p.m. b. No trncks larger than 35 feet shall make deliveries to the site. c. All truck deliveries shall enter and exit through the eastenu driveway and shall not utilize the aisle adjacent to the Bayshores residential area 3.2.12 Public Services and Utilities Final EIR No. 152 did not identify any significant impacts to public services and utilities. The environmental impact report stated the project could have an effect on police and fire services, however the impact would not be significant. As with the approved project, the proposed project is not anticipated to have any significant public service or utility impacts. Although the previously approved project is not anticipated to have any significant public service and utility impacts, EIR No. 152 listed as mitigation measures, standard policies and conditions required by developers prior to the issuance of various permits, such as building or occupancy. Since these are existing requirements the project applicant must comply with prior to the issuance of building or occupancy permits, there are incorporated by reference for this proposed project. 13 Since no new significant public service and /or utility impacts for the proposed project have been identified, no mitigation measures are required. 3.2.13 Aesthetics The proposed architecture for the project is Italian Renaissance. The proposed footprint and building envelope for the project will be similar to the approved project." However, the proposed 13 EIR No. 152. pagcs 1] 4-115. 14 FIR No. 152. Exhibit J. page 28. Balboa Bay Club- E >pandd Initial Study Page 21 project will include some aesthetic improvements to the approved project. Exhibits 4 -6 provide exterior and courtyard elevations of the proposed project in comparison to the approved project." In an effort to improve views of the bay and areas south of the project site for those residents that live north of the Club, the current project proposal reduces overall building heights. The proposed buildings will be shorter than the previously approved buildings, allowing residents north of the site improved views of the bay and areas south of the Club. Although the overall proposed building heights will be lower than those previously approved, the tower at the extreme southwest corner of the hotel will extend 22 feet above the approved height limit. The west hotel building elevation presented in Exhibit 4 shows the height of this tower compared to the approved building height elevation. The approved building height limit is shown in the exhibit as the building envelope datum. In several locations the building roof lines exceed the building height envelope by 2.5 feet. The roof over the mechanical equipment and stairwells also exceed the 35 foot building height limitation. However, the zoning code allows both the building roof and roof over elevator shafts, enclosed stairwells and screened mechanical equipment totaling no more than 25 square feet to extend up to 5 feet above the permitted height in the height limitation zone. (Sections 20.65.30 and 20.65.070 of Chapter 20.65, respectively). The public view corridor between the hotel and athletic club has been widened from the approved distance of 8316 feet to the proposed distance of 93 feet, providing greater views of the bay for residents north of the site. The widened public view corridor will also improve the view through the hotel and spa for motorists passing by the site on Pacific Coast Highway. The site plan shown previously in Exhibit 3 identifies the proposed public view corridor. Exhibit 7 shows building sections of the proposed project compared to the previously approved project. Shown in the exhibit is the building envelope of the approved buildings compared with the envelope of the proposed structures. As shown, the proposed project will improve southerly views for residents north of the site by reducing the height of the buildings. The proposed project design will have less building massing than the approved plan. Exhibit 8 shows building mass on the site with development of the approved project. Exhibits 9 and 10 show a visual simulation of the proposed project developed on the site. As shown in Exhibits 9 and 10, the proposed project will provide less building mass on the site, improving views south of the site for residents north of the Club. The reduced building mass on the site will also improve the overall aesthetics of the site compared to the approved project due to a reduction in building mass and height. Another comparison of the improved aesthetics of the proposed project is shown in Exhibit 11. As shown, the proposed project will reduce the building height and building setback from Newport Bay. Increasing the setback of the spa from the bay will improve views of the bay for "EIR No. 152. Exhibits 9 -11. pages 36 -38. 0 16EIR No. 152. Exhibit 3. page 28. Ballwa B-%v Club - Expanded Initial Studv Page 22 a II q yh tJ 0 0 11 T a 3 r zi °o z U) 2 O w w W Q O cr w N w W V c � pV� V �C C IN vJ ` C c 11� u� h6 4 t� V l� I 1 I 1 1 I 1 I I 1 4 1 I IR 1 3 1� �R s RI ■ OIt mw 1= Ratf Ip' " �I. n c yyfe y.. i I ; 6 I I 1 li ? A O i li� R N Z O N Q W W O Q } N O U C U V p�yv �V t • G N al y P 1_J -J i C l C l� E 0 2 0 S V W Y i fl P: F ?; x m :? U _N u cj W % i 1 n• ' to Z O H U w O z 0 J 7 C3 G .g vJ yt4V C\ II\�\ V� L C \C C l C l l� dk cu cu u CI ecNn o 7;2 0 Is 0 O O F ----M r;, f fa �� v . AU � f r;, f fa �� v . AU 0 uJ T U I Q 50,x.1 I m0 ma= 3 pmQ I I 3�W IT a" II gam`= I N 2 U I.1 O N w � N o 00 x o� Hom i 2 N G f y U O � Qa m iva moo z U p � � < u 0 6 N 3 O 3 N T Vs U a 0 m °o N I o1F 2 r ¢ �m J p N � W 00z oz m n_ m m n W ¢ m n <o no ® F- 3. z O > H W Q N O cr 1 0 N z Z Y ,_ +i t o l ._ h j Z O F- U W fq W H N ry 'J Y RR`^ iV o T V 1� ci c mk C .c c �l g those residents north of the project, in particular residents along Kings Road. Views for residents along Kings Road will improve because the buildings with the proposed development plan will be lower in elevation than the approved project. The proposed reduction in building height will allow increased views across the top of the Club improving the view -shed south of the Club for residents north of the site. Exhibit 11 shows a cross - section view across the site from the same residence on Kings Road evaluated in Final EIR 152.17 As shown, the sight line for the proposed project will be somewhat improved over that of the approved project due to a reduction in building height, improving views across the site for residents north of the Club. The proposed project will provide a heavily landscaped site. The proposed landscaping plan for the project is shown in Exhibit 12. As shown, the project will provide landscaping throughout the project site, similar to the approved project," including the surface level parking areas. The proposed project will, however, provide more landscaping at the project entrance at Pacific Coast Highway. The proposed landscaped entry elevation is shown in Exhibit 13. The proposed project will provide a wider entry than the approved plan with special entry paving as motorists enter the site from Pacific Coast Highway. In addition, the landscaping plan proposes cascading fountains and additional landscaping at Pacific Coast Highway that was not proposed with the approved plan. Other landscaping improvements include a larger lawn/function area at the beach associated with • the spa. There will be enhanced landscaping throughout the site that will provide additional buffering of the project from surrounding land uses. The proposed landscaping plan will also improve on -site aesthetics throughout the site from that proposed by the approved plan. Overall, the proposed project appears to have less aesthetic impacts than the previous project due to an enhanced landscape plan. The proposed project will improve views of the bay for residents north of the site. Improved landscaping with the proposed project will have positive aesthetic impacts to surrounding land uses as well as motorists along Pacific Coast Highway over the approved project. There are no significant aesthetic impacts associated with the proposed project. Therefore, no mitigation measures are required. 17EIR No. 152. Exhibit 27. page 120. 18EIR No. 152. Exhibit 28. page 121. Balboa Bay Club- Expanded Initial Study • Page 31 0 -wv t z a. w o CL w N Z • O H w J W } H Z W w a U N O Z a J V C V lj Ilz z S C • • 3.2.14 Cultural Resources EIR 152 did not identify any cultural resources on the property that would be impacted with development of the approved project.19 As with the approved project, the proposed project would not have any cultural resource impacts. Therefore, no mitigation measures are required. 3.2.15 Recreation The proposed project will provide similar recreational amenities as the previously approved project such as a swimming pool, children's pool, spa, etc. The proposed project will also provide more amenities in the spa than the approved plane such as massage rooms, saunas, hair salon, etc. The proposed project also provides a larger lawn/function area adjacent to the beach. The proposed project will have positive recreational impacts over the approved project by providing greater recreational facilities for club members. The additional recreational amenities will better serve club members and hotel guests. As with the previously approved project, the proposed project is not anticipated to have any significant recreational impacts. Therefore, no mitigation measures are required. 19EIR No. 152. Appendi.v A Initial Study/Notice of Preparation, page 5. Balboa Bad• Club - Expanded Initial Sludy Page 34 4. INVENTORY OF APPLICABLE MITIGATION MEASURES • The following summary mitigation measures are suggested for the proposed project: The project site plan shall inehnde a Public Access Plan. Prior to issuance of any occupancy permit, public pedestrian walkways, parking areas and directional signage shall be installed in cot formance with the Public Access Plan. Public access areas shall remain open at all time, including during construction of subsequent project phases, unless it is determined by the Building Director that access would create a public safety hazard. 2 Prior to the issuance of a precise grading permit, the developer shall submit a Notice of Intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity to the California State Water Resan•ces Control Board. Evidence that coverage under the General Permit has been obtained shall be presented to the Director of Public Works prior to the issuance of any grading or building permits. 3. Prior to issuance of a precise grading permit, the developer shall submit a Water Quality Management Plan (WQMP) identifying the Best Management Practices (BMP's) that will be used au -site to control predictable pollutant nnroff. These plans shall identify the types of structural and non- strucinral measures to be used as specified in the Best . Management Practices for New Development Appendix to the Orange County Drainage Area Management Plan, the locations of structural BMP's, and assignment of long -term maintenance responsibilities, all in a manner meeting the approval of the Public Works Director. 4. Prior to issuance of a grading permit, the developer shall obtain either a National Pollutant Discharge Elimination System (NPDES) Permit or a Waste Discharge Requirements (WDR) permit, as required, front the Santa Ana Regional Water Quality Control Board for dewatering during construction. 5. Prior to issuance of a grading permit, the Director of the Building Department shall ensure that the grading plan includes a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. Prior to issuance of building permits, said improvements shall be constructed in a manner meeting the approval of the Director of the Building Department. 6 Prior to issuance of an occupancy certificate, the Director of the Building Department shall ensure that all ontfalls into the bay shall have fapgates attached to the storm drain outlets to serve as a backfow prevention device. nalboa Bay Club - Expanded Initial Study Page 35 • 7. Existing on -site drainage facilities shall be improved to the satisfaction of the City Engineer prior to the issuance of a building permit. A hydrology and hydraulic study and a master plan of water, sewer and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to the issuance of building permits. Any modifications to the existing storm drain system shall be the responsibility of the developer. 8. All storm drain facilities in the project and not located on public rights -of -way shall be cleaned and maintained by the Balboa Bay Club operator as reasonably necessary, bill not less frequently than once per year prior to October 1. 9. The project sponsor or his successor shall ensure that driveways and parking lots in the project shall be swept at least monthly using a vactnnnu -type sweeper. 10. Prior to issuance of an oeeuupanncy pernuii, a landscape plait prepared by a licensed landscape architect, which includes a maintenance program that controls the use of fertilizers and pesticides, shall be reviewed by the General Services Department and shall be approved by the Planning and Public Works Departments. The plan shall include an irrigation system designed to avoid surface rrtno. f and over - watering. Prior to the issuance of an oeenpaney permit, a licensed landscape architect shall eert� to the Planning Department that the landscaping has been installed in accordance with the approved plan. H. Prior to issuance of building permits, the City Engineer shall ensure that drainage facilities are designed to remove oil and grease from run -off prior to discharge into the public storm drains. The project sponsor or his :successor shall maintain such facilities on a regular basis. 11. The final grading plan shall include measures to control and minimize dust during grading as required by Rile 403. 13. Sispend grading operations dltring first and second stage smog alerts. 14. Maintain constriction equipment with properly tinted engines. 15. Use of on -site power when feasible instead of portable generators. 16. Use of low -stn fur f eels for stationary construction equipment when feasible. 17. A traffic signal shall be installed oil Coast Highway at the main entrance to Balboa Bay Club prior to the commencement of demolition or construction. !f the traffic signal is installed by another party in connection with a separate project, Balboa Bay Club shall reimburse said party the amount of one- haljof the cost of installation of the traffic signal Balboa Bay Club. Gspmnded Initial Study Page 36 e. prior to issuance of airy demolition or building permit for Phase I of the project. Further, the Balboa Bay Chub shall provide an easement for the installation of underground metal detectors in connection with the traffic signal at such time when the installation is proposed. 18. The Building Department shall ensure that no construction equipment storage on West Coast Highway or deliveries or off - loading will be made in the West Coast Highway right -of -way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 19. Prior to issuance of a bnildirrg permit, the on-site parking, vehicular circulation and pedestrian circidation systems shall be subject to further review by the City Traffic Engineer and sidewalks shall be provided between Coast Highway and building entrances. 20. Prior to issuance of grading permits, the City Engineer shall ensure that the intersection of West Coast Highway and the main entrance drive and easterly drive shall be designed to provide sight distance fora speed of 50 miles per hoar and sidewalk bicycle traffic. Slopes, landscaping, walls, and other obstructions shall be considered in the sight distance requirements. The sight distance requirements may be modified at non- critical locations, subject to approval by the City Traffic Engineer. 21. Prior to the issuance of any grading permits, the project applicant shall provide evidence . acceptable to the Director of the Building Department that: a. All construction vehicles or equipment, fixed or mobile, operated within 1, 000 feet of a dwelling shall be egnipped with properly operating and maintained mnfflers. b. All operations shall comply with the City of Newport Beach Mmnicipal Code regarding noise. c. StocApiling and %or vehicle staging areas shall be located as far as practical from dwelling units. 22. Prior to the issuance of building permits, the Director of the Building Department shall ensure that all non- residential sirnnctures shall be sound attenuated against the combined impact of all present and projected noise from exterior sources to meet the interior noise criteria as specified in the Noise Element, which range from 45 dBA for hotels to 55 dBA for restaurants. 23. During construction, inspectors of the Building Department shall ensure that connsirnnction activities shall be conducted in accordance with the City of Newport Beach Municipal Code which limits the hours of construction and excavation work to 7:00 a.m. Balboa Bay Club - Eslwnded Initial Study Page 37 to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.nr. on Saturday and 10:00 a.m. to 6:00 p.m. our Sunday and holidays. 24. If necessary, the project applicant shall apply fi3r a waiver of the City noise abatement regulations to allow for dewatering and if needed, pouring of building foundations. Electric primps shall be required for dewatering• egrripnrerrt to reduce noise levels. The continnons concrete pour shall be scheduled outside of the peak traffic period to the extent feasible and shall encompass no more than one nighttime period. 25. At the time the City approves the requested waiver of City noise abatement regulations to allow for dewatering and pouring of the brrilding foundation, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment as not to exceed 50 dBA at the properly lilies. If required, the applicant shall install such measures prior to beginning of any activities for which a waiver was granted. 26. Prior to the issuance of a building permi{ the Building Department shall ensure that ally mechanical equipment and emergency pox er gelrerators shall be screened from view and noise associated with said strncinres shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a gnalifred acoustical engineer and approved b the Building Department. 27. The project applicant shall ensure that loading dxk activities are restricted as follows: a. Loading dock deliveries shall occur between use hours of 8 :00 a.m. and 5:00 p.m. b. No tracks larger than 35 feel shall make deliveries to the site. e. All track deliveries shall enter and exit through the eastern driveway and shall not utilize the aisle adjacent to the Bayshores residential area. Dallwa Day Club - Eapmtd d Initial Study Page 38 5. CONCLUSION Pursuant to Section 21166 and Section 15162, there is no evidence that the project, or its underlying circumstances, have changed in a way that exposes new or more severe impacts than those reported in Final EIR 152. Furthermore, there is no new information that indicates project alternatives or mitigation measures previously found infeasible are now feasible. On the basis of this Expanded Initial Study, there are no effects on the environment peculiar to this project that require the preparation of a new EIR or Negative Declaration under applicable law. Therefore, reliance on Final EIR 152, in conjunction with this Expanded Initial Study, will still provide the public and decision makers with all information necessary to evaluate the plan from an environmental perspective. Balboa Bay Club - ExWnded maim study Page 39 0 APPENDIX A COASTAL COMMISSION NOTICE OF INTENT TO ISSUE PERMIT 0 0 0 J._ SfATE OF CAUFORNIA -THE RESOURCES AGE , PEJE WILSON, O�r CALIFORNIA COASTAL COMMISSION Page 1 of SOUFN COAST AREA Date: 4 A r 1 Vi" 243 W. BROAOwAY, STE. 380 Permit Application No. —ae_ eox 1430 BEACH, CA 9080216 5903071 CORRECTED NOTICE OF INDENT TO ISSUE PERMIT On 9 Mph 1995 the California Coastal Commission granted to Balboa Bay Club Permit 5- 94-265 subject to the attached conditions, for development consisting of: Major remodel and expansion of an existing private club. Proposed modifications include demolition of some existing buildings and portions of others, addition of 33,697 square feet resulting in a 189,000 square foot facility, construction of a parking structure, an increase in guest rooms from 128 to 144, and grading of 13,500 cubic yards of cut proposed to occur within the footprint of proposed buiidings. The project will also result in some of the on —site facilities becoming available to the general public. more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 1221 West Coast Highway. Newport Beach The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these . conditions have been fulfilled, the permit: will be issued. For your information, all the imposed conditions are attached. Issued on behalf of the California Coastal Commission on 10 March 1995 PETER DOUGLAS Executive Director By: ( fir, i Title: Coask Program Analyst ACKNOWLEDGMENT: . The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit No. 5- 94-265 and fully understands its contents, including all conditions imposed. X Date Permittee Please sign and return one copy of this form to the Commission office at the above address. NOTICE OF INTENT TO ISSU cRMIT Page 2_ of _5 Permit Application No. 5-94-2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is noit valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 —hour advance notice. 6. Assianment. The permit may be assigned to any qualified person, provided . assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of -the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Public Amenities Lease Restriction Prior to issuance of the coastal development permit, the applicant and landowner shall execute and record an addendum to the lease, free and clear of prior liens and encumbrances, and in a form and content acceptable to the Executive Director, stating that: a) Membership in the private club shall not be denied to any applicant on the basis of race, religion, national origin or gender. b) All areas designated for public use identified on Exhibit C of the Commission staff report shall remain available for public use for the life of the project. M NQTICE OF INTENT .TO ISSUE PERMIT Page _3 of _5_ • Permit Application No. 5 -94 -265 c) All future development at the site shall require an amendment to this coastal development permit or a separate coastal development permit. d) The public access walkway designated on Exhibit D of the Commission staff report shall remain free of any development which would obstruct or limit public use, including but not limited to outdoor dining. e) No hotel rooms in phase III —A (as identified in Exhibit J) of the proposed project designated for use by the general public shall be converted to private membership use. f) The restaurant areas designated for use by the general public shall not be converted to private membership use. g) The view corridors designated on the plans approved by the Coastal Commission shall remain free of any development which would obstruct or limit public views to the ocean and bay, including but not limited to landscaping and fencing. h) Signage shall be continuously provided consistent with Special Condition No. 3, below. i) The public amenities, including the public walkway, shall be available to the general public at any time the facility is available to the private club members. j) There shall be no charge for general public parking, except as allowed below in special condition 7, Special Events. Such grant or lease restriction shall benefit the people of the State of California and shall bind the City of Newport -Beach, the lessee, and successors and assigns of the Permittee or leaseholder. Such restrictions shall run for the life of the permitted facility and shall be made a part of all existing and subsequent lease agreements for the permitted facility. 2. Agreement to be Bound Prior to issuance of the coastal development permit, the permittee shall obtain a written agreement from the owner, subject to the review and approval of the Executive Director, stating that in the event of termination of the lease, and for so long as the building and facilities constructed pursuant to permit 5- 94-265 exist, the owner of the property will agree to require each new or different tenant, occupant or operator, including itself, to sign a lease restriction or other appropriate instrument agreeing to comply with the conditions set forth in Condition No. 1 above. NQTICE OF INTENT TO ISSU1 CRMIT Page 4 of 5 Permit Application No. 5—i4= U4 3. Signage Program Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, a signage program which indicates the availability of the on —site public amenities. At a minimum the signage program shall include: a) Signage which is clearly visible to motorists traveling in either direction along Coast Highway, indicating that the public is welcome; b) Signage which is clearly visible to pedestrians on Coast Highway listinc the on —site amenities available to the public; c) Informational and directional signage to be placed throughout the site informing the public of the on —site public amenities. 4. Outdoor Dining a) No outdoor dining shall occur in the any of the areas designated for use as the public access walkway. b) Prior to issuance of the coastal development permit, the applicant shall submit, for the review and approval of the Executive Director, revised plans which indicate that the public access walkway is a minimum of 10 (ten) feet in width. Plans shall also include potted plants or other appropriate buf between the outdoor dining and the public walkway. The buffer shall not is reduce the width of the walkway. S. Regional Water Ouality Control Board Approval Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, evidence of approval of the proposed development from the California Regional Water Quality Control Board. Any changes to development as approved shall be reported to the Executive Director. Any changes the Executive Director determines to be significant shall require an amendment to this permit. 6. Geologic Recommendations Prior to issuance of the coastal development permit the applicant shall submit for the review and approval of the Executive Director, grading and foundation plans, signed by the geological consultant, indicating that the recommendations containec in the Report of Geotechnical Investigation dated February 19, 1990 and updated it the letter dated January 4, 1995, have been incorporated into the project. 7. Special Events THe general public shall not be denied access to the oh —site public amenities during special events. Until the parking lot is full, general public parking I " NOTICE OF j TFAT TO ISU MIT Page _s of 5 . Permit Application No. _ 5- 943,65 shall be allowed on a first -came- first -serve basis, except for any spaces that are reserved by advance event ticket purchase which also includes advance parking fee purchase. Any such advance event parking tickets shall be made equally available to the general public through appropriate advertising. After the public parking lot is full members of the general public may still access the on —site public amenities via the public access walkway unless the site has reached the maximum occupancy allowed by established fire or public health anc safety standards. A reasonable event and /or parking fee may be charged for special events. If the parking fee is separate from the event fee or if no fee is charged to attend the special event, the parking fee shall not; exceed that charged at the beach parking lots in the City. 8. Terrace Apartments At such time as the Terrace Apartments are redeveloped or substantially renovated, Provision of public access at that location shall be considered. 9. Phasing Plan Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, a construction phasing plan 10 which shall accomplish the following: a) Within 6 (six) months of occupancy of Phase I. the applicant shall either 1) open the area shown for "general public use" in Exhibit C of this staff report to the general public; or 2) commence construction of Phases II, III —A, and III —B (as identified in Exhibit J) in sequence. b) The phasing plan shall also include the phasing of public parking. c) The phasing plan shall identify any necessary closure of the public walkway or restaurant and include a time frame for the commencement and completion of the public amenities. Construction phasing shall be carried out in a manner consistent with the approved phasing plan. AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904 -5200. 4283F I WPA Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING June 30, 1999 Mr. Phil Martin Culbertson, Adams & Associates 85 Argonaut, Suite 220 Aliso Viejo, CA 926564105 SUBJECT.- BALBOA BAYCLUB 0 Dear Mr. Martin: This letter report summarizes our review of traffic factors related to the current expansion plans for the Balboa Bay Club. The review was based upon current facility data, our previous study and current traffic data from the City of Newport Beach. PROJECT DESCRIPTION A traffic impact study was conducted as a part of an E1R for the expansion of the Balboa Bay Club in 1993.' At present, the expansion plans are being "fine: tuned" in preparation for construction drawings. This has resulted in some changes which could potentially affect the results of the traffic analyses. For traffic analyses purposes, it is necessary to quantify the changes (increase or decrease) ' "Balboa Bay Club E19 Traffic and Parking WPA Traffic Engineering, Inc., November 10, 1993, 23421 South Pointe Drive • Suite 190 • Laguna Hills, CA 92653 • (949) 460 -0110 • FAX: (949) 460.0113' 7- in various land uses in the project. Table 1 summarizes the land use changes utilized in the prior study and those in the current proposal. The quantities listed as "Current Proposal" have been utilized in this analysis. TRIP GENERATION Table 2 lists the trip generation rates utilized for uses excluding Meeting Rooms. These rates are consistent with the assumptions in the prior study and have been updated to reflect current reference material. Specific trip generation assumptions were developed for the ballroom/meeting room/banquet use. The estimates were based upon data provided by the Balboa Bay Club relative to attendance and events. This resulted in an average of 560 persons per day attending events in these facilities. Representatives of the Balboa Bay Club have revisited this and developed revised attendance data. A copy of their analyses is attached for your review. With 222 guests per day, there would be 444 trip ends per day using the same assumptions as the previous study. On a peak hour basis, this is 44 during the AM and PM peak hours. The ballroom/meeting room space is proposed to increase from 16,066 SF to 17,917 SF or by 12 percent. On this basis, the peak hour trip generation would be 5 (44 x 0.12) and daily would be 55 (444 x 0.12). Table 3 summarizes the trip generation estimates for the current project. Also indicated are total trip generation estimates from the previous study and changes. There is an overall reduction during the AM peak hour and an increase of 25 trip ends during the PM peak hour. ANALYSIS The prior study required the analyses of two intersections. These were Coast Highway / Dover - Bayshore as a Traffic Phasing Ordinance (TPO) intersection and Coast Highway / BalboaBay Club WPA Traffic Engineering, Inc. Balboa Bay Club Expansion Job #880844 City c fNewpor! Beach -2• -r , 0 TABLE 1 LAND USE CHANGE SUMIv1ARYO) Balboa Bay Club LAND USE PRIOR STUDY CURRENTPROPOSAL Hotel 17 Rooms 29 Rooms Assembly Area: Restaurant 9,100 SF 4,599 SF Bar / Lounge 100 SF 10 SF Main Ballroom 1,200 SF 1,753 SF Meeting / Banquet (5,066) SF 98 SF Retail 960 SF 2,146 SF Lobby / Circulation (901) SF (1,723) SF Administration 1,738 SF 3,491 SF Service: (Kitchen, Employee Area, Housekeeping, Maintenance) 76 SF 32,331 SF Athletic Facilities 4,356 SF 4,922 SF TOTAL 11,563 SF 4 7,62 7 SF (1) Data are changes from existing conditions in 1993. Note: (xxx) indicates reduction in area, WPA Traffic Engineering, Inc. Balboa Bay Club Expansion Job #880844 City of Newport Beach -3- -4- TABLE 2 TRIP GENERATION RATES Balboa Bay Club LAND USE DESCRIPTOR TRIP ENDS PER DESCRIPTOR AMPEAKHOUR PMPEAKHOUR DAILY IN I OUT IN OUT Business Hotel(') Room 7.27 0.34 0.24 0.37 0.25 Restaurant(1-2) Per 1,000 SF 100.0 2.41 2.23 2.51 1.24 Office(z) Per 1,000 SF 35.0 2.00 0.40 0.60 1.70 Athletic Club(2) Per 1,000 SF 45.0 0.70 0.50 1.50 2.00 (1) "Trip Generation ", 6`h Edition; Institute of Transportation Engineers (ITE); 1997. (2) Data based upon original assumptions made in the traffic study prepared in i November, 1993 for the Balboa Bay Club. WPA Traffic Engineering, Inc. Balboa Bay Club Expansion Job #880844 City of Newport Beach 0 0 TABLE :3 TRIP GENERATION Balboa Bay Club TRIP ENDS AMWAKHOUR PMPEAKHOUR LAND USE SIZE DAILY IN OUT IN OUT Hotel 29 Rooms 210 10 5 10 5 Restaurant 4,609 SF 460 10 10 10 5 Meeting RoomsM 1,851 SF 55 5 0 0 5 Office 3,491 SF 120 5 Nom Nom 5 Athletic Club 4,922 SF 220 5 Nom 5 10 TOTAL 1, 065 35 15 25 30 PREVIOUS TOTALS 920 30 50 35 5 CHANGE +145 +5 -35 -10 +35 (1) See narrative in original traffic study for basis of estimates. WPA Traffic Engineering, Inc. Balboa Bay Club Expansion Job #880844 Ciry of Newport Beach -5- .7',, Entrance as the project access. These two intersections have been re- examined with the changes in the peak hour trip generation noted in Table 3. At the Coast Highway / Dover - Bayshore intersection, the prior project traffic has been included in the Committed Project Traffic. As a result, only the change in trip generation was included as "Project" traffic in the analyses of this intersection. The trip distribution from the prior study was applied to the changes in Table 3 to obtain project traffic. These analyses are attached and indicate a reduced ICU value during the AM peak hour and no change during the PM peak hour. The project trips have not been included in the ICU Analysis sheet for Coast Highway / Balboa Bay Club Entrance as evidenced by the lack of Committed Project Traffic in the Northbound, Eastbound Right and Westbound Left movements. For the analyses of this intersection, the current project totals were utilized. The ICU analyses worksheets are enclosed and indicate an increased ICU value from 0.93 to 0.95 during the AM peak hour and no change during the PM peak hour. This potential impact could be mitigated by the addition of a third westbound through lane. The improvement is not planned at present and is a future consideration by the City. In any case, the impact is minor, increasing the AM peak hour ICU value by 0.02. Review of the analyses also indicates the same potential impact with the previous project. In other words, the present project does not result in any increased impacts at this intersection. SUMMARY This review has examined traffic factors related to the "fine tuning" of the land use data for the proposed Balboa Bay Club Expansion. These revisions have resulted in some changes in trip generation from those utilized in the previous study for the EIR. As indicated in Table 3, some reductions in trip generation from prior estimates occur. Analyses ofthe two intersections previously studied indicate no impact due to the project at Coast Highway and Dover - Bayshore and an impact at the Coast Highway / Balboa Bay Club Entrance intersection. The potential impact at Coast Highway / Balboa Bay Club Entrance is not changed by the "fine tuning" considered in this study. WPA Traffic Engineering, Inc. Balboa Bay Club Expansion Job #880844 City of Newport Beach E n C1 0 E Further, the project would assist in the future removal of parking on Coast Highway, which could provide an acceptable operation of the intersection. We trust that this review will be of assistance to the Balboa Bay Club and City of Newport Beach. If you have any questions or require additional information, please contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC fhtlgle, P,E. Registered Professional Engineer State of California Numbers C16828 & TR565 cc: Mr. Rich Edmonston WSP:hn 4880844 +s . r[wic cngineenng, inc. Job 11880844 Balboa Bay Club Expansion City of Newport Beach -7- n" E E U 0 00 Ch r- CN O j D: 3 a. 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Jo♦ JJbb VyypLRl.i V1\ lU1A4J V Vv" 411 -10 -1998 05136PM FROM BBC TO 5813559 P.01 ��/� %E%G6L611' /GLdL G� /�[iGl� VLllTi'4j V i��%SGGLGG� . DAVID C. WOOTEN PRFSCENT November 9, 1998 Mr. Phil Martin Culbertson, Adams & Associates 85 Argonaut, Suite 220 Aliso Viejo, California 92660 Dear Phil: We have developed some additional information regarding the events held at The Balboa Bay Club and the number of people attending those events. In the data originally used by Wes Pringle to calculate traffic from meeting and banquet events was based upon an average of seven events per day with an average of 80 persons attending. Enclosed is an excerpt from the traffic study which outlines these assumptions. 1 told Wes this seemed very high to me and he said that he might have misinterpreted the data provided to him by The Club manager in 3990. Enclosed are two tabulations of the number of events per week and the number of guests attending those events. These data were taken from weekly function sheets, randomly selected for each month for the past year. The results show an average of three meetings per day attended by an average of 52 people under one set of assumptions, and four events per day attended by an average of 61 people under a second set of assumptions. In both of the tabulations, in -house group events were not included. That is, organizations such as MAP and UCI have events at The Balboa Bay Club lasting several days. Most, if not all, of the attendees stay overnight at The Club and hold their meetings during the day. Therefore, these are not included in the calculations because this is accounted for under the rooms' traffic generation. In addition, in both set of assumptions we did not count as separate events, those instances when a group has two or three meals here the day of their meeting. That is. say, if a group with 50 people has a meeting here which includes breakfast and lunch, this is counted as 50 people attending the event. Apparently, the data provided to Wes Pringle in 1990 counted this situation as 100 people. 1221 WEST COAST HIGHWAY. NEWPORT BEACH. CALIFORNIA 92663 - TELEPHONE (714) 645-6000 r. 11/11-, 00 1l.JI {'." .1. J01 JJOO 11-10 -1998 05 :38PM FROM BBC Mr. Phil Martin November 9, 1998 Page Two "�Q TO ;5813599 Employee "events" were not included in either calculation. These are on -site staff meetings held as a part of the normal course of business. These, of course., do not generate additional traffic. In Case I of the enclosed tabulation rnembcr events, events: held at The Club for members only, were not counted. This would be the case where members are on site anyway or where the events are actually held in the restaurant or bar, such as Sunday brunch or taco night. Under Case II, we assumed that 80% of the guests came from off property and 20% from on- property for the member events. This will be the case for the average member event. Case I with 151 and Case II with 222 guests per day are less, than one -third and one- half, respectively, of the 560 guests per day assumed in the earlier traffic study. I think that these updated and corrected numbers gives a truer picture of the actual traffic generation by the meeting and banquet facilities at The Club. After you have had a chance to review the enclosed information, please pass it on to Wes Pringle so that he can update the traffic study. I asked Wes whether or not this would affect the parking; he said that he would check the methodology to answer that question. Sincerely, z � `--. David C. Wooten DCW/hc enclosures e: Douglas H. Lee, AIA Jerry Johnson %UUJ P.02 E • •11 /11 /bb 11:J/ MA U40 061 JoUM `11 -10 -1998 05 :38PM FROM BBC �.VLtlGK1JVal pLAaJ TO n.w •w.u,P ,.. MV. `1b v w 5813599 P.03 1002 These rates were then applied to the proposed land uses Table S presents the estimated trip generation for each use. 'line trip generation estimates for the oottScretixlballroom/meednS room uses are based upon a .'specific set of data aad assumptions as no standard re&t+enoe data are available. Usage data provided by the Balboa Bay Club indicarrd that approximately 206,650 peusorns attend 2,575 events at these facilities per year. This is approximately 80 persons Per event on an average. Also; based upon a 865 day year, there are an average ofseven events per day. On this basis, 560 persons per day attend events in the ballroom meeting room fadWes. Previous discussions with the Ch.y 7 }afi3c Engineer resulted in an assumption of 1.0 person per vehicle and 10 percent of the trips occurring during the AM and PM peak hours. lbese assumptions resulted in 1,120 daily Trip ends with 112 occurring during the AM peak hour and 112 during the PM peak hour. The ballroom/meeting room fadlities are proposed to decrease in size by 8,866 square feet. Since the ballroonzImeeting room facility is approximately 50 percent of the total, the decrease would be 840 daily trip ends and 85 AM ptak hour and 85 PM peak hour nip ends. As indicated in 'Table: 8, the project would generate 80 AM peak hour clip ends and SO PM peak hour trip ands. In order to perform the "One Percent Traffic Volume Analysis ; project peak 2.5 hour volumes were esti=*d. The AM 2.5 hour period would be 160 =P ends and the PM 2.5 hour period would be 60 trip ends. TBi'P D)NlRl7RiTiiON . Z7eip distribution pereenrages were based upon previously completed distributions in the area the location ofthe trip attzactors, type of land fuse, prcodraity of freeways, and the surrounding street system. Figure 8 iDlrstrates the resulting distribution percentages, which have been approved by the [Sty of Newport Beach. The project generated 2.5' hour period trip ends were then assigned to the road system based on the distribution porcentagcs and the proposed project access. —4— c "I 11/11/98 11:38 FAX 949 581 3599 CULHEXESON ADAMS • °11 -10 -1998 05139PM FROM BBC TO W W U a _a O C .8 g t3 o. g � v P g V V 15813599 1AUU5 P.04 O `r r 0 I J �j M �i rl M ly �D N N N 1°7 1`9 a' N I M N N V1 a r ramie - m.omm mmom O h M t0 C'1 M r4 %P N C` N .-•I � .d .-� N � v o pl o h of N .••1 la rn h �D PI —1 v .••1 PI .-1 rl N M .••1 N .-1 �-1 N ro ft --r-m r m m o�mo�rnmololrn m m m m m m o0 i � 7 U it L1 O 1 1 1 1 1 1 1 1 1 IN 1 1 N .+ O .+ O ti .•+ 7�1 N N O C .8 g t3 o. g � v P g V V 15813599 1AUU5 P.04 O `r r 0 I J �j 11 /11 /9b ll::1b !•Al 940 bbl :1509 (:JLbhHISUh AUAffiS =11 -10 -1998 05:39PM FROM BBC 0% TO C� 1 i J E b r. 0 a Uri 3 F P E tj 8 N 4 3 d 6 p� C S Y r V �? M• 5�0 L ttg at QUUC 5813599 P.05 M r .s rm 0 T TOTAL P.05 V.. o v v a' r- m N 0% M to 1n Ln trl P N w Cl N m m to tD 01 m m cn M N M m M v N M w M V' -W 0 ' a N Mltc b N 01 Q� N W 4 1 )Vf O to .-t m w M N 0 wf�n m t0 N N m O1 01 Q V' co M b m N O M N W op E N .•� .� N N .i .-1 N .•Z -d W a N �Cy N N r•I N N N N M N N N N fn W , I 1 (� t� m m m OR m w m m m m l 1 Ot 01 Q\ I Gf 01 01 I, 01 I Ot 01 Ol O1 0 o a a i1 w $awry .�CZ 01 I I 1 1 1 1 e 1 1 I ill 1 1 III 1 b r. 0 a Uri 3 F P E tj 8 N 4 3 d 6 p� C S Y r V �? M• 5�0 L ttg at QUUC 5813599 P.05 M r .s rm 0 T TOTAL P.05 V.. The Balboa Bay Club Planned Community District Regulations Ordinance No. 94 -36 Adopted July 25, 1994 Amendment No. 787 Resolution No. 95 -115 Adopted October 9, 1995 Amendment No. 825 �J 0 • 0, 0 0 TABLE OF CONTENTS Page Number I. Introduction .................... ............................... 1 H. Statistical Analysis .............. ............................... 2 M. General Notes .................. ............................... 3 IV. Definitions ..................... ............................... 6 V. Permitted Uses ................. ............................... 7 VI. Development Standards ........... ............................... 9 VII. Sign Regulations .............................................. 13 VIII. Public Access Plan ............. ............................... 15 Balboa Bay Club Planned Community Rmlatim f LIST OF EXHIBITS ! Exhibit Number Exhibit Name Page Number IVicinity Map ..... ............................... 2a 2 Land Use Plan .... ............................... 2b 3 Community Development Plan Area 1 and 2 ............ 2c 4 Public Access Plan ............................... 15a 5 Public and Private Use Areas ....................... 15b li Balboa Bay Club Planned Community RM12110ns (, I. INTRODUCTION s The Balboa Bay Club (BBC) is a water oriented, multi -use facility located in the City of Newport Beach as shown in Exhibit 1. The BBC has a General Plan /Local Coastal Program land use designation of Mixed Use Recreational and Marine Commercial/Multi- Family Residential. This Planned Community District will allow for a Club Facility located in the portion of site referred to as Area 1 and a Lodging Facility to be located in the portion of site referred to as Area 2. Both areas are described on the Land Use Plan, Exhibit 2. The Club and Lodging Facilities are discussed in greater detail in the project description. The purpose of this Planned Community District (PCD) is to implement the goals and policies of the City's General Plan /LCP and all applicable regulatory codes. In this regard, the specifications of this text are intended to provide land use and development standards supportive of the proposed uses, while ensuring City control of a quality development through the adoption of a comprehensive development program. Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided io within these district regulations. All development within the Planned Community District boundaries shall comply with all provisions of the Uniform Building Code and various mechanical codes related thereto. Project Location The BBC is located within the City of Newport Beach at 1221 West Coast Highway. The project is situated between Lower Newport Bay on the south and Coast Highway on the north. The easterly and westerly boundaries respectively abut the Bayshores residential community and the Sea Scout Base /OCC Rowing Base (See Exhibit 1). Project Description The Club Facility area (Area 1) is a combination of complimentary uses which includes the following: Guest Facility, Guest Serving Retail Services, Indoor /Outdoor Restaurant, Coffee Shop, Bar and Lounge, Ballroom and Conference Facility, Athletic Facility, Administration Offices, and Marina /Boat Storage and parking. The adjacent Lodging Facility (Area 2) includes: Units in the lodging facility, Parking, Boat Storage, Marina, and Laundry. In accordance with the California Coastal Act, the BBC Planned Community District shall provide access to the general public (guests and casual visitors) by providing visitor serving uses in the form of a guest facility, banquet and conference facility, and restaurant available for use by the public. Pedestrian access shall be provided to harbor and beach view points through a network of pedestrian corridors (see Exhibits 4 and 5). 1 Balboa Bay Club Planned Community Raulations II. BALBOA BAY CLUB STATISTICAL ANALYSIS Floor Area Ratio = 0.79 Parking Spaces = 466 2 Long -term Maximum Gross Dwelling Floor Area Short-term Use Acreage Guest Rooms 144 Club Facilities 8.25 AC 145 (Area 1) Lodging Facility 4.40 AC - (Area 2) Total 12.65 AC 145 Floor Area Ratio = 0.79 Parking Spaces = 466 2 Long -term Maximum Gross Dwelling Floor Area Units Permitted - 189,000 Sq.Ft. 144 247,402 Sq.Ft. 144 436,402 Sq.Ft. Balboa Bay Club Planned community Renulations KI 4" 0 0 -2a- n� Q eao F- S E lit E t j; 2 w. +.�l ro V Q Us �U lC d y. m m cz t Z oa U ct a) > m �` :SZ9 I ,0£4 .� _..�.. ®__ . ... ............................ r \\ ...... ::::::::::::::::::::::...:;��. i::ii:iii::iii�i \ :.::::::::::::::::::::::::::::: \. ` ...................::..:. .......:::::::................. ...................... ..... ..... fC' 777 \ \.` :::: `T :: { f. F l \ ^� �\ .................. :::::::::...................... W - ^ \. Q ......:::::::::::::........`; I :I 1 CO � a.............................. � a Q Q : 1 Q . N V (.0 C6 4 N .1 T � s CO w CV 1� J ¢ LL W w < Q Cc Z r Q m 0 U, 1 p U .., U W z .bSL l0£4 •eS i N I_- m X w J CL w N D 0 J a 8 a' L A 07 L 0 U U s CIO n m CIO aj L m U U N m CV s ' a I t. c 1 1 s .1 ai 1i �YG 1 Jl -2c- P— -I I— lipig I ■ X W l�J A N Q W Q Z J CL- W CL O W u UU �U Z C-0a mm CIO 5 uU �3 mZ III. GENERAL NOTES 1. Zoning Code Applicability Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. 2. Water Service Water service to the Planned Community District will be provided by the City of Newport Beach. 3. Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 4. Grading Grading and erosion control measures will be carried out within the Planned Community as required by the Newport Beach Building and Planning Departments. 5. Archaeological /Paleontological Resources Development of the site is subject to the provisions of City Council Policies K -5 and K -6 regarding archaeological and paleontological resources. 6. Sewage Disposal 1 0 Sewage disposal service facilities for the Planned Community will be provided by Orange County Sanitation District No. 5. Landscaping All landscaping along street rights-of -way shall be installed in accordance with a landscape plan prepared by a licensed landscape architect, which has been reviewed by the General Services Department and approved by the Public Works Depart- ment. 8. Mechanical Equipment Enclosures -Noise Attenuation Prior to final building permit clearance, all new mechanical appurtenances (i.e. utility vaults and emergency power generators, etc.) shall be enclosed. Noise associated with said generators shall be attenuated at side property lines adjacent to residential uses to 55 dBA. The enclosure design shall be based upon the recommendations of a licensed engineer practicing in acoustics, and be approved by the Building Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. Rooftop screening and enclosures shall be subject to the requirements of the 26/35 Height Limitation Zone. 3 Balboa Bay Club Pfannee Community R I t'onz i 9. Use Permit Required Prior to issuance of any demolition, grading or building permit, a Use Permit shall be approved in conformance with these Planned Community Regulations. 10. Exterior Lighting All exterior lighting shall be designed and maintained in such a manner as to conceal light sources and to minimize spillage and glare to the adjacent residential properties. Lighting plans shall be prepared by a licensed electrical engineer, with a letter stating that, in his opinion, this requirement has been met. 11. Loading Areas All loading and unloading operations shall be performed on -site. Loading platforms and areas shall be screened from off -site views. 12. Refuse Collection Outdoor refuse collection areas shall be :screened from adjacent properties and streets. 13. Outdoor Paeine Outdoor paging shall be permitted only in limited, critical circumstances and shall be attenuated in accordance with the recommendations of a study prepared by a certified Acoustical Engineer. No outdoor paging shall be permitted until such a study is submitted to and approved by the Building Department. 14. Amplified Music All amplified music played after 6:00 PM shall be confined within the interior of a building unless a Special Events Permit is obtained. 15. The restaurant, bars and theater /nightclubs and all other commercial /institutional kitchen areas shall be subject to the following requirements: a. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Depart- ment. b. Washout areas shall be provided in such a way as to insure direct drainage into the sewer system and not into the bay or the storm drains, unless otherwise approved by the Newport Beach Building Department. C. Grease interceptors shall be installed on all fixtures in any kitchen area where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Newport Beach Building Department and Public Works Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. ¢ Balbm Bay Club Planned Communhy Regulations 16. On -Site Laundry/Dry Cleaning ' : The on -site laundry/dry cleaning facilities shall be subject to the following requirements: a. Any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. b. Dry cleaning services shall be limited to pick -up /delivery and pressing only. No cleaning facility shall be operated on site. 5 Balboa Bay Club Planned Community Re ulations 0 i; IV. DEFINITIONS All definitions in the City of Newport Beach Zoning Code shall be adhered to with the exception of the following: Banquet/Ballroom Conference shall mean a place of public assembly which may serve food and beverages for consumption on the premises within a structure that is fully enclosed with a roof and walls. Boat Storage shall mean areas designated for dry dock storage. Guard Station shall mean .a permanent structure and gate used to direct visitors entering the property via automobile. Guest Facility shall mean a hotel -type facility with living units intended for short-term occupancy by the general public (i.e., without restriction or membership requirement). Marina shall mean a water area where vessels may be stored or moored. Is Net Site Area shall mean the entire area of the site between the U.S. Bulkhead line, the ultimate right -of -way line of West Coast Highway and the side property lines. Rooftop Terrace shall mean an area located above an enclosed occupied space partially or fully open to be used for, but not limited to, circulation, landscape, outdoor terrace, outdoor dining, pool /spa, other forms of recreation and fountains. Seasonal Canvas shall mean a temporary structure for use on a seasonal Structure basis which sells and /or serves food products and /or beverages for consumption on premises. It shall also mean a temporary structure for recreational beach related uses. Balboa Bay Club Planned Community Regulations L V. PERMITTED USES A. Primate Uses Permitted The following uses shall be permitted subject to approval of a use permit. Area 1 Area 2 • Guest Facility • Residential Units • Guest Serving Retail Services • Athletic Facility • Restaurant, Bars and Theater /Nightclubs (Indoor /Outdoor) • General Public Assembly Facilities (i.e. Ballrooms and Conference Areas) • Clothing /Dress Shops /Pro shop • Barber Shop • Jewelry Shop • Beauty Salon • General Retail • Catering • Seasonal canvas structures • Guard station /gate • Poolside concessions (food /beverage pool bar) Areas 1 and 2 • Parking structures, lots, and facilities • Marina /boat storage • Pools and spas • Rest room and locker facilities • Administrative offices • Other uses determined by the Planning Director or the Planning Commission upon referral from the Planning Director, to be of a similar nature and which are compatible with the intended use of the property. B. Accessory Uses Permitted Accessory uses shall be limited to those services and facilities intended to serve the needs of the Balboa Bay Club (employees, tenants, members and guests) and not the general public. The following accessory uses and structures are permitted when customarily associated with a permitted principal use on the same building site. Accessory use shall include the following: 7 Balboa Bay Club Planned Community Regulations 0 Ll 0 Areas 1 and 2 • Maintenance Facilities << • Laundry Facilities • Dry cleaners (pick -up /delivery and pressing only - -no on -site cleaning plant) • Carwash facilities (connection to sanitary sewer required) • Employee support facilities (e.g., cafeteria, lockers) • Guest business services (e.g., typing, copying, Fax services) • Other uses determined by the Planning Director, or by the Planning Commission upon referral from the Planning Director, to be of a similar nature and which are compatible with the intended use of the property. 4. 8 Balboa Bay Qc` ?anned Communitv Regulations VI. BALBOA BAY CLUB DEVELOPMENT STANDARDS A. Area I (Club Facility) The following development standards shall apply to Area 1 (see Exhibit 3). 1. Building Height Height limit shall be as provided in the 26/35 Height Limitation Zone of the City of Newport Beach Municipal Code. 2. Setback Requirements a. Front (West Coast Highway frontage) • Minimum building front yard setback shall be fifty (50) feet for occupied buildings. • Surface Parking setback shall be a minimum of five (5) feet. • Fences and walls shall not exceed 6 feet in height within the front yard setback and shall comply with the require- ments of Section 4, below. b. Side • Minimum side yard setback along the Bayshores proper- ty line shall be one hundred -fifty (150) feet. Land- scaping, planters, walls, fencing, trellises, pergolas, parking spaces and driveways shall be allowed within the setback area subject to a 10 -foot height limit. Non - habitable architectural features (e.g., trellis, awning, bay window) may encroach up to 5 feet into the required side yard setback. C. Rear bayfront) • Building setback from U.S. Bulkhead line shall be a minimum of ten (10) feet. No solid fencing or walls greater than 3 feet in height shall be permitted within the rear yard setback Transparent windscreens may extend up to 8 feet above grade. 9 Balboa Bay pub Planned Community Regulations 0 3. Parking. Standards All required parking shall be provided on -site and may occur on surface lots and /or within parking structures. Parking for the permitted club facility uses shall be provided in accordance with a demonstrated formula upon the recommendations of a parking demand analysis reviewed by the City Traffic Engineer and approved by the Planning Commission . Valet and tandem valet parking shall be permitted. Operational characteris- tics of any valet parking service and the location of parking areas used exclusively for valet and /or tandem parked cars will be subject to the review and approval of the City Traffic Engineer. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer. The required number of handicapped parking spaces shall be designed within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 4. Landscaping, Walls and Fencing Landscaping to include softscape and hardscape shall be provided in all areas not devoted to structures, parking, driveways, and loading dock areas. All landscape plans, where applicable, shall incorporate a combination of trees, shrubs, berms, fences and planters to adequately screen the property from adjacent uses, enhance building exteriors and create a "park like" setting. A minimum of five (5 %) percent of surface parking areas shall be devoted to planting. Trees in view corridors shall be maintained so as not to exceed 26 feet in height. (View corridors consist of the 150 -foot setback on the eastern edge of the property and the ±100- foot -wide main entry area between the Palm Court building and the Spa building.) In areas other than view corridors, trees shall be maintained so as not to exceed the height of the roofline of the adjacent building. No landscaping shall be permitted on rooftops. A detailed landscaping and irrigation program (prepared by a landscape architect, licensed landscaping contractor or architect) shall be approved by the Planning and General Services Departments prior to issuance of building permits and installed prior to issuance of the Certificate of Use and Occupancy. 10 Balboa Bay Club Planned Community Regulations Landscaping shall be set back from the property line along West Coast Highway to provide sight distance in conformance with City Standard Plan • #110-L Fencing within the front yard setback of Area 1 shall be predominantly an open design (e.g, wrought iron) so as to maintain public views of the marina and the bay from West Coast Highway. Landscaping shall be maintained so as to enhance public views. Solid walls or fences shall only be permitted in this area if it can be demonstrated that public views of the bal/front would not be obstructed. B. Area 2 (Lodging Facility) The following development standards shall apply to the Lodging Facility Use (Area 2) as shown on Exhibit 3. 1. Building Height The height limit shall be as provided in the 26/35 Height Limitation Zone of the Newport Beach Municipal Code. The existing building is a legal nonconforming structure. Continued use of this structure shall be subject to the provisions of Chapter 20.83 of the Municipal Code (Nonconforming Structures and Uses). . 2. Setback Requirements a. Front • Minimum building front yard setback shall be fifteen (15) feet. • Perimeter theme wall, landscaping and parking may occur from building to property line. b. Side • Building setback from the side property line shall be a mini- mum of fifteen (15) feet. C. Rear • Building setback from U.S. Bulkhead line shall be a minimum of ten (10) feet. 11 Batboy Bay Club Planned Community Regulations 0 • 3. Parking Requirements Parking for lodging use shall not be less than 1.5 spaces per unit and shall be provided on -site. 4. Landscaping and Walls Landscaping shall be provided in all areas not devoted to structures, parking and driveways. Landscaping shall consist of a combination of trees, shrubs, groundcover and hardscape improvements. Landscaping within front yard setback area shall be designed to create a "park like" setting, softening off -site views. Perimeter theme walls shall not exceed ten (10) feet in height from existing grade , and are subject to applicable City codes. A detailed landscaping and irrigation program (prepared by a landscape architect, licensed landscaping contractor or architect) shall be approved by the Planning and General Services Departments prior' to issuance of building permits and installed prior to issuance of the Certificate of Use and Occupancy. 12 Balboa Say Club Planned Community Re¢ulations 1 i VII. SIGN REGULATIONS The purpose of this section is to define and provide development standards for all applicable signage located at the Balboa Bay Club. A. Definitions The terms listed in this section shall apply to the sign program and have meanings which follow: Monument Sign - The term "Monument Sign" means any sign which is supported by its own structure and is not part of or attached to any building and which is intended to depict project entry or project arrival. Sign - The term Sign means any media including their structure and component parts which are used or intended to be used out -of -doors to communicate information to the public. Sign Face - The term "Sign Face" means the physical plane and /or surface upon which the wording or images are applied. Sign Letter The term "Sign Letter" means the individual symbols used in forming the words of a message. Vehicle Entry Sign - "Vehicle Entry Sign" shall refer to a sign denoting intersection points along West Coast Highway and which denotes access for automobiles into the Balboa Bay Club. B. Permitted Signs 1. Project Identification Signs Monument Signs, identifying the Balboa Bay Club main entry, are permitted at each vehicle entry drive location. Two (2) Vehicle Entry Signs are allowed at the main entry and one (1) sign at the service /sec- ondary entry. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The sign area of each sign face shall not exceed 100 square feet and may be a series of panels or other artistic form interpreted by a • designer. Sign area shall not exceed a total height of eight (8) feet . 13 Balboa Bay Club Planned Community Rewl i ons Signs may include: illumination, natural moving water features, . projections and use of neon when used to artistically enhance architectural features and /or signage. 2. Directional Signs In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic within the project are permitted. Said signs shall not. contain advertising messages and shall be subject to review and approval of the City Traffic Engineer. 3. Temporary Signs In addition to other signs permitted in this section, temporary signs, intended to be displayed for sixty (60) days or less are permitted for purposes related to special events and /or seasonal activities. Tempo- rary signs, identifying new construction or remodeling, may be displayed for the duration of the construction period and may extend beyond the sixty (60) day limit. No temporary signs above the first floor shall be permitted. C. Sien Maintenance M Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structure and electrical features. D. Restricted Sign Types Signs visible from surrounding land uses are subject to. the following special restrictions: No rotating, flashing, blinking or signing with animation shall be permitted. No signs shall be permitted which initiate or resemble official traffic signs or signals. No wind or audible signs shall be permitted. 14 Balboa Bay Club Planned Community Reeulations ;r VIII. PUBLIC ACCESS PLAN The Balboa Bay Club was established prior to passage of the Coastal Act and historically has operated as a private facility with access restricted to members, their guests, and attendees of scheduled functions. The Newport Beach Local Coastal Program /Land Use Plan states "... At such time as the extension of the lease is negotiated, full consideration shall be given to public access to the site." This Planned Community Development Plan provides the general public access to restaurant and meeting facilities, retail shops, and a bayfront walkway (see Exhibits 4 and 5). In addition, 121 of the 145 hotel rooms shall accommodate overnight guests without any club membership requirement. Hotel guests shall have access to a pool and exercise facilities in addition to the other public areas. The existing Terrace Apartments, small sandy beach, and a limited number of other new facilities may remain private for exclusive use by club members. The sandy beach area, which covers approximately one quarter acre, is not large enough to accommodate unrestricted public access and does not have rest room facilities. Restricted use is therefore deemed necessary due to public health and safety considerations. LCP /LUP Public Access Policies 5 and 6 state that access in new development shall be provided through the dedication of easements, both lateral (i.e., parallel to the shore) and vertical (i.e., perpendicular to the shore). Since the Balboa Bay Club property is under City ownership, public access shall be controlled through these Planned Community Development Regulations rather than easements. As shown in Exhibit 4, the general public may enter through the main entrance. Signage shall be provided to direct pedestrians to the bayfront • walkway, and limited public parking shall be provided. Public access shall also be provided along the eastern section of the bulkhead, which is approximately 500 feet in length. Access to the walkway in front of the Terrace Apartments may be restricted because the only pathway to this area is through a parking lot and driveway, which could create a public safety hazard and security problem. G \— \IOHN- D \BBC\PC -TEX LEN 15 Balboa Bay Club Planned Community Regulations y X � i;li'f !rf' lil;:I!!!P ii �i4 Iaiilllllll' �i � � - �'; 11!ia! II:I!!ai:!:r'� i 'Y: @:9!Q �I f1!I!,i i �.:•:.. gs I�! f CI \ `�• � Ili � I! - 3 �^ M1 5y* A r r im. 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