The URL can be used to link to this page

Home My WebLink AboutSS2 - Balboa Bay Club UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. 2 August 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director 949 - 644 -3228; ptemple @city.newport- beach.ca.us SUBJECT: Balboa Bay Club Update RECOMMENDATION: Receive and file report. DISCUSSION: Compliance with Conditions of Approval This is a status report on the completion of the Balboa Bay Club project and its compliance with all the conditions of approval. The approval conditions come from three principal sources: the option and lease agreements, the Environmental Impact Report, Zoning Text and Use Permit for Club and Hotel development, and the Coastal Development Permit issued by the California Coastal Commission. This project as it stands today is largely completed, and the final occupancy permits for the project have been issued. There is only one physical and operational change which has been approved but not yet implemented, that is a plan for public parking. Prior to reaching this stage, there were a number of technical and condition compliance issues which were somewhat slow in being resolved, which caused the project to open with only a temporary occupancy permit. These are summarized below, with a brief description of how they were resolved: 1. Various Building Code issues related to access, path -of- travel for exiting and required safety rails were outstanding. The various items were worked through by the contractor to the satisfaction of the Building Department. Balboa Bay Club Update August 10, 2004 Page 2 2. Compliance with the approved site plan in the areas of access to a portion of the parking structure, sight distance at the entry driveways, and the location of the main entry kiosk were still in question by the Public Works Department. The Public Works Department eliminated their question on the access to the parking structure after learning the entryway in question was to be used only by the valet service. Sight distance issues at the entryways were resolved through modification to the landscaping installed in those areas. The kiosk location was eventually accepted by revising the method of operation to allow automobiles further on to the site before being stopped by entry gate personnel. 3. Clearly marked and signed access to the hotel portion of the property for members of the general public was not present. According to the management of the Balboa Bay Club, the problem in this area was due to the time needed to fabricate the required signs. Staff from the Planning Department and the California Coastal Commission worked directly with the sign design company to identify the location, height and text of the signs, which indicate that the public is welcome on the property, and the location of the bayfront accessway. The signs are now permanently installed to the satisfaction of the Planning Department. 4. Preservation of required view corridors by maintaining the open nature of the wrought iron portion of the property fences was a concern of the Planning Department. All vines planted in front of the open wrought iron fences has been removed to the satisfaction of the Planning Department. This will be the subject of on -going verification by the Code and Water Quality Enforcement Division. 5. Compliance with exterior building and parking lot lighting requirements, including shielding of light sources to prevent light spillage and glare, had not been accomplished. The type of light source has been changed and adequate shields have been installed to the satisfaction of the Code and Water Quality Enforcement Manager. 6. Access to allow members of the general public to park on the property was not available except through the valet parking operation. As originally implemented, all parking on site, with the exception of parking for the apartment portion of the project, was available only through the valet service. City staff believed that this was not consistent with the commitment to public access to the property the City had made to the California State Lands Balboa Bay Club Update August 10, 2004 Page 3 Commission while gaining approval to maintain the apartments on a portion of the site. Additionally, we did not believe it was consistent with the intent of the Coastal Commission's condition of approval to allow the public to park on the site, even if not a guest of the hotel. The Coastal Commission staff agreed with this opinion and directed the Balboa Bay Club to make changes to how the parking plan was operated. Through some extensive discussions between the Bay Club, City and Coastal Commission staffs, a new parking plan was devised which essentially reinstated the way members of the public parked on the site before construction. This will allow members of the public to be directed to self - park on top of the easterly parking structure, with any allowed parking charges to be made through an exit control gate. The Coastal Development Permit for this change has been issued, but it has not yet been implemented. Staff has contacted the Balboa Bay Club management to identify when this construction will occur, and hope to be able to report it to City Council at the Study Session. Other Public Access Questions: The City Council has received questions and criticism of the Balboa Bay Club project because there is not physical public access to the beach near the spa building and the area bayward of the apartments. While this was a topic of consideration during the entitlement process at both the City and the Coastal Commission, it was ultimately determined that general public access to these areas was not necessary to comply with local and State requirements for access to the coastline. This was based on the adequacy of the physical access walkway from the main entry of the project to the bulkhead, which then extends easterly to within a few feet of the property line shared with Bayshores. A copy of the Public Access Plan is attached. Environmental Review: No action is required by the City Council on the information only item. Therefore, it is not a project as defined by the California Environmental Quality Act. Public Notice: Notice of this report was accomplished through placement on the City Council Study Session Agenda, which is posted at City Nall and on the City's Web Site. Prepared and submitted by: QX& Patricia Temple,V Planning Director Attachment: Balboa Bay Club Public Access Exhibit 1 • �Iy lY o � T� LU cc YW = 2 nrff3 l �i In Z Q .N J � oa3 d Q' w° Cl) 1 >w Cl) >a> 3xo U amp U ° Iwo a � 3 U w /Y1 _< =D _ _U __ xa? = J o¢a X Co 3`o o W a Z W J �_ ��