Loading...
HomeMy WebLinkAbout1643 - APPROVE UP_1601 BAYSIDE DRIVE _BAHIA CORINTHIAN YACHT CLUBRESOLUTION NO. 1643 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004- 001 FOR PROPERTY LOCATED AT 1601 BAYSIDE DRIVE (PA2004 -002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, Use Permit No. 1437 was approved in July 17, 1969, to allow Bahia Corinthian Yacht Club to construct and operate a private yacht club at the subject property. The Use Permit included the approval of a waiver of on -site parking by reducing the required parking from 246 to 122 spaces. WHEREAS, the development of the site was implemented or modified to reduce the required on -site parking, increase the dry boat storage, and install an unmanned gate without City approval. WHEREAS, this unpermitted modification has caused employees and visitors to park off- site which has created parking conflicts with the neighboring properties. WHEREAS, an application was filed by Bahia Corinthian Yacht Club on January 7, 2004, with respect to property located at 1601 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 93 -115, requesting an amendment to Use Permit No. 1437, to reduce the required on -site parking from 122 to 95 spaces and to increase the dry boat storage capacity from 100 to 200 boats and modify the site plan accordingly. The request requires consideration of a parking waiver per Section 20.66. 100 of the Municipal Code since the site does not provide the minimum code required parking of 166 spaces per Section 20.66.030 of the Municipal Code. WHEREAS, at the June 17, 2004 meeting, the Planning Commission received public comments and continued the application to July 22, 2004, as requested by the applicant. The continuance was necessary to allow the applicant to augment their Use Permit application with a parking study /management plan. The Commission also directed the applicant to cease the operation of the controlled gate at the main entry during business hours and discontinue the use of the reserved parking spaces. WHEREAS, on July 19, 2004, the applicant submitted a revision to the previous submitted application. The augmented application consists of a revised site plan showing a new on -site parking design and a parking demand study. The applicant proposed to provide a total of 129 on -site parking spaces and to maintain 100 boats in the outdoor dry storage area. Due to time constraints, the Planning Commission continued the application to August 5, 2004 meeting to allow additional time for review of the new material. WHEREAS, on August 5, 2004, the Planning Commission reviewed the augmented application, received public testimony and continued the hearing to August 19, 2004 to allow staff and the applicant additional time to address concerns raised during the meeting and resolve outstanding issues regarding possible operating conditions. City of Newport Beach Planning Commission Resolution No. Page 2 of 8 WHEREAS, a public hearing was held on August 19, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Environmental Open Space by the General Plan Land Use Element and zoned OS -A (Open Space- Active). Yacht clubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the revised application to amend Use Permit No. 1437, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The proposed increase in on -site parking by reducing the size of the dry boat storage area will increase the supply to 129 spaces which is above the number required by Use Permit No. 1437. With the implementation of valet parking, on -site parking can be increased to 150 spaces. 2. A parking study /parking management plan dated July 29, 2004, has been prepared by The Mobility Group ( "The Parking Study /Parking Management Plan ") and reviewed by the Planning Commission. The Parking Study /Parking Management Plan provides the framework for a final parking management and valet operational plan that after review and approval by the Traffic Engineer and Planning Department will more effectively utilize on -site and potentially off - street parking on separate lots. The applicant is required to implement the measures included in the final parking management and valet operational plan approved by the Traffic Engineer and Planning Department. 3. The removal of the unauthorized vehicular access control arm will eliminate potential hazards when vehicles attempting to access the site to park partially block or impede vehicle travel within Bayside Drive. Eliminating reserved parking for club members will effectively increase on -site parking and reduce street parking. 4. The applicant is required to manage the occupancy at the site through scheduling of all activities such that the total parking demand does not routinely exceed available off - street parking supply. 5. The Use Permit will be reviewed by the Planning Commission at a noticed meeting no later than September 30, 2005, to ensure that adequate operation and coordination of the events and activities has occurred such that parking and vehicle access issues have been reduced or eliminated. City of Newport Beach Planning Commission Resolution No. Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the above findings, the Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 1437, to be renumbered as Use Permit No. 2004 -001, to authorize the continued operation of a yacht club subject to the amended Conditions of Approval set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS le DAY OF AUGUST 2004. AYES: Eaton, Tucker, Selich, McDaniel and Daigle NOES: None ABSENT: Cole and Toerge BY: -r—= Larry Tucker, Chairman BY: e, Secretary City of Newport Beach Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-001 (AMENDMENT TO USE PERMIT NO. 1437) 1. The development shall be in substantial conformance with the approved site plan dated July 26, 2004. 2. The approved site plan shall be implemented and completed within sixty (60) days from the date of the Planning Commission approval; provided, however, that the construction of the new access to the parking lot and the two adjacent parking spaces shall be implemented and completed by no later than January 15, 2005. The applicant/operator shall implement the following measures: a. Remove the access gate located at Bayside Drive and the entrance to the parking lot of the yacht club. b. Eliminate all reserved club member parking. No reserved member parking shall be implemented in the future. C. Eliminate a portion of the dry boat storage and utilize this area for additional vehicular parking in a manner consistent with the approved site plan. d. A total 129 parking spaces shall be made available of which 10 spaces shall be provided for employees or valet within the dry boat storage area. Twenty -one (21) additional on -site spaces for valet service shall be made available in accordance with the final approved parking management and valet operational plan when necessary. 3. All activities shall be those of a yacht club for the members, guests, and invitees. The facility shall be operated as a private yacht club and shall not be open to the general public. Normal usage will include but not be limited to dining and dancing as well as meetings and sailing classes. Any changes in operational characteristics of the yacht club shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. The operator of the yacht club shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the City of Newport Beach Planning Commission Resolution No. Page 5 of 8 provisions of Chapter 10.26 of the Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off - street parking supply, except on infrequent occasions. The applicant/operator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off - site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on -site and off - street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior Between the hours of Between the hours of 7:OOAM and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 145dBA 60dBA 45dBA 50dBA Commercial Property I N/A 65dBA N/A 60dBA 6. On -sale liquor, including beer and wine, shall be permitted as a part of the club activities. 7. The yacht club shall manage all activities occurring at the site such that the expected total parking demand does not exceed available off - street parking supply, except on infrequent occasions. The applicant/operator shall notify members and non - members contracting for use of the facilities of the appropriate parking location(s). The use of off - site parking shall be subject to the prior review and approval by the Traffic Engineer and Planning Department. 8. The following requirements of the Transportation and Development Services Division shall be met: a. A final parking management and valet operational plan shall be reviewed and approved by Traffic Engineering within sixty (60) days from the date of the approval of this amendment. The final plan shall demonstrate the operational characteristics of the site under all parking conditions (i.e. interaction between self - parking and valet service when in use). The applicant/operator shall implement the measures included in the final parking management and valet operational plan immediately upon the approval by Traffic Engineering. b. In the event that parking demand exceeds available self - parking supply (on -site and off - street parking on a separate lot), the applicant shall provide valet service in accordance with the final parking management and valet operational parking plan and approved site plan. Ten (10) employee parking spaces identified within the dry boat storage area shall be used for employee parking. In the event that at least ten (10) additional off - street parking spaces are secured, at a location approved by the Planning Department and other than at 1550 Bayside Drive, employee vehicles may from time to time be parked at such location. Spaces within the dry boat storage area may then be alternatively used for additional valet parking or in conjunction with the junior City of Newport Beach Planning Commission Resolution No. Page 6 of 8 boat program. In no event shall spaces, designated for employee parking, be used for parking by the general public or for the permanent storage of boats. Valet pick -up /drop -off shall be conducted at the front door of the club, where the existing parking aisles provide the necessary area for queuing of vehicles. Valet operations shall not use the public right -of -way or any off -site location for pick- up /drop -off or valet parking of vehicles. Valet operations shall function in a manner to prevent stacking out onto Bayside Drive. d. The applicant/operator shall require all employees to park off the street at all times. e. All employees shall be provided with a card - reader or access code to open the access gate into the dry boat storage area. f. The parking lot shall have prominent pavement arrows and signage to discourage wrong way travel in the one -way aisles. Final layout of the parking lot area shall be reviewed and approved by the City Traffic Engineer. g. The applicant/operator shall not allow vehicles to queue onto Bayside Drive. f. The dry boat storage area shall remain open at all times if in use by valet operations. 9. Dry boat storage including the incidental maintenance of watercraft is permitted within existing buildings and the dry boat storage area as shown on the approved plot plan. Dry boat storage in areas outside the designated area is permitted provided it is not within any portion of the drive aisles, parking facilities or landscape areas. Additionally, exterior dry boat storage shall not impede access to any portion of the site by Fire Department personnel. Dry boat storage is limited to club members or club sponsored activities and boat storage or boat maintenance activities shall not be made available to the general public. 10. The applicant/operator shall implement the following measures: a. An employee education program shall be prepared and implemented that includes appropriate parking locations and procedures. b. Written communications shall be prepared and sent to each member of the club detailing the parking policies of the facility as identified in the final parking management/valet operational plan and this Use Permit. This or similar communication shall thereafter be sent to each member once a year. Changes in parking supplies or parking policies will require advance notification of club members. City of Newport Beach Planning Commission Resolution No. Page 7 of 8 C. With the exception of the gating to secure the dry boat storage portion of the yacht club, no gating of the vehicular access areas will be permitted. d. All professional (outside vendors) boat maintenance activities not associated with an emergency shall be allowed to park on -site and shall be limited to the hours between 8:00 a.m. to 5:00 p.m. daily. 11. This Use Permit has been approved in reliance upon (i) the future preparation of a final parking management and valet operation plan and (ii) event attendance, parking needs and other data set forth in the Parking Study and Parking Management Plan dated July 29, 2004, prepared by The Mobility Group. As such, the actual parking operational characteristics will not be known until these plans are completed and implemented. In order to assure that the operational characteristics of the final parking related plans and their implementation have not had an adverse affect on the public health, safety and well being of the citizens of Newport Beach, the Planning Commission shall review the Use Permit no later than September 30, 2005. At such time, the Planning Commission reserves the right to modify the terms of this Use Permit. The City reserves the right to review and modify the parking arrangement described in this Use Permit at any time thereafter. 12. All delivery trucks shall be required to service the yacht club from on -site and shall be prohibited from loading and unloading on Bayside Drive. Deliveries shall be scheduled outside of peak operating hours of the use so that on -site access and parking will not be significantly restricted. No deliveries shall be permitted between 10:00 p.m. and 6:00 am. 13. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (consisting of three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. 14. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 15. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or kitchen equipment shall be prohibited in the parking lot. City of Newport Beach Planning Commission Resolution No. Page 8 of 8 16. Fire Department connections for the dock fire protection system shall be provided at Bayside Drive in accordance with the Fire Department requirements, unless waived by the Fire Chief.