15-0616_BEST VALET PARKING CORP_F15_Agenda Report6/16/2015
City of San Juan Capistrano
Agenda Report
TO : Honorable Mayor and Members of the City Council
FROM : Keith Van Der Maaten, Public Works and Utilities Direct ~
Charles View, Development Services Directo O-J
Cindy Russell, Chief Financial Office~
DATE : June 16, 2015
F15
SUBJECT : Consideration of Authorization of a License Agreement with Best Valet
Parking Corporation for the Use of a Portion of the West Side of Camino
Capistrano to Provide a Community Valet Service for the Downtown Area;
and Adoption of a Resolution Amending the Downtown Employee Parking
Permit Program (Best Valet Parking Corporation)
RECOMMENDATION:
By motion;
1) Approve a License Agreement with Best Valet Parking Corporation; and,
2) Adopt a Resolution Amending the Downtown Employee Parking Permit
Program.
EXECUTIVE SUMMARY:
The concept of a shared or community valet service for the Downtown area was
developed as part of the ongoing efforts between the Downtown Merchants, Property
Owners and staff to identify options to enhance the visitor experience in Downtown
through parking management. Recognizing that a valet service can provide for more
efficient use of limited parking spaces and also provides an additional visitor amenity,
the group worked with Best Valet Parking Corporation to develop a community valet
plan. This plan focuses on the prime downtown activity period of Friday evening through
Sunday afternoon. The valet service is proposed to operate on the west side of Camino
Capistrano south of Verdugo Street and will utilize the lower portions of the parking
structure to park the valet vehicles. This plan has been reviewed by the Downtown
Parking Stakeholder Group, the affected property owners, as well as other interested
parties. If approved, the valet service would be instituted for a six (6) month test period.
Although a separate activity, the testing of a valet service is consistent with the activities
City Council Agenda Report
June 16, 2015
Page 2 of 5
undertaken by the City to implement the Downtown Pilot Parking Management
Program.
In addition to this activity, the group has endorsed a revised parking plan for employees
working in the Downtown, with an emphasis on adding employee parking capacity in
areas on the edges of the core business district and reallocating parking in the
Downtown parking structure.
DISCUSSION/ANALYSIS :
In recognition of the increased activity in the Downtown area and the associated
demand for additional parking, the City Council directed staff to work with the business
community, Chamber of Commerce and other interested parties to identify both short-
and long-term parking options to serve visitors, as well as employees working in the
Downtown. With the establishment of the Heritage Tourism Association, they have also
become participants in the stakeholder group. The City Council has received periodic
updates on the various activities to enhance parking in the Downtown and has approved
adding on-street parking, modifications to time limits for public parking lots and the
introduction of a summer trolley serving the Downtown and other portions of the
community.
The valet service plan was developed in conjunction with Best Valet Parking
Corporation, a firm experienced in developing and operating a variety of valet plans for
private events, business specific services, such as higher end restaurants, with
extensive experience in shared/community valet services. The proposed valet plan was
developed after evaluating the circulation patterns in Downtown, emerging business
trends, receiving input from existing businesses and assessing parking availability. The
plan proposes to create a centralized drop-off and pick-up valet station on Camino
Capistrano, just south of Verdugo Street with use of the lower level of the Downtown
structure for parking the cars. This plan is estimated to increase the vehicle capacity of
the lower level from 69 vehicles to approximately 90 vehicles (Attachment 2). The use of
the lower level of the structure for valet parking is consistent with proposed revisions to
employee and commuter parking allocation in the structure discussed later in this report.
The use of this lower level of the structure for valet parking was also considered and
approved by the Planning Commission through Conditional Use Permit 13-010
(Attachment 3).
In developing the valet plan, the goal was to focus on addressing peak parking demand
situations; the consensus of the stakeholders group was to provide Valet Services from
Friday evening through Sunday afternoon. The initial plan calls for valet services to set-
up Friday at approximately 4 p.m. with service from 5 p.m. until approximately 12 a.m.;
setting-up Saturday at approximately 11 a.m., with service from 12 p.m.; until
approximately 12 a.m.; and Sunday set-up at 10 a.m. with service from 11 a.m. to
approximately 4 p.m. This schedule is subject to revision depending on the use of valet
City Council Agenda Report
June 16, 2015
Page 3 of 5
services . The operator will provide monthly reports to the City and stakeholders
regarding valet operations during the six (6) month evaluation period.
Another element of the Downtown Parking Management Plan is employee parking. After
extensive discussion with property and business owners, it was determined that
establishing employee parking areas located on the edges of the core Downtown
business district would free-up parking in some areas that would benefit visitors to the
Downtown . In recognition of this desire to move employees out of the prime parking
areas , the team developed a plan for additional employee parking along Paseo
Adelanto, Camino Capistrano, the West Side of El Camino Real (north of Ortega
Highway), the Multi-Model Lot, the City Parking Lot (EI Horno/EI Camino Real), and the
Capistrano Depot parking lot. The plan also calls for removing employee parking from
the East Side of El Camino Real from Yorba Street to Ortega Highway and the Parking
Lot at the southeast corner of Ortega Highway and El Camino Real (Attachments 4 and
Enclosure 1 ).
As part of the refinement of the employee parking plan, the parking in the Downtown
parking structure will be updated to better address visitors/customers , commuters ,
employees of all affiliated buildings, and valet use on weekends . Modifications include
redirecting commuter parking to the lower level and reallocating reserved employee
parking to serve all three (3) buildings adjacent to the structure to the upper level. The
employee parking will be reserved Monday through Friday during business hours . On
Friday afternoons , the valet operator will coordinate with commuters in the lower level
as valet operations begin to utilize the area. Evening and weekend employee parking
will also be on the upper level; however, not reserved and included as part of the
general parking demand with spaces available except in the commuter and valet areas.
FISCAL IMPACT :
There are no direct City costs associated with the valet operation. Funding for the valet
services will be provided by a combination of a $4 .00 fee and sponsorship from the
Mission Preservation Foundation.
ENVIRONMENTAL IMPACT:
Projects which consist of licensing existing public facilities are exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15301, Existing
Facilities.
PRIOR CITY COUNCIL REVIEW:
• At the June 11, 2014, City Council Retreat, the City Council directed staff to
evaluate and make recommendations to add parking in the Downtown area.
City Council Agenda Report
June 16, 2015
Page 4 of 5
• On October 7, 2014, an outline of the Downtown Pilot Parking Management
Program was presented to the City Council. Staff was directed to proceed with
the process to change the parking restrictions in the downtown parking lots and
on-street parking.
• On November 18, 2014, the City Council approved a Resolution to add on-street
parking and change the time-limit parking in the Downtown lots for Phase 1A .
• On December 16 , 2014, an outline of the Downtown Pilot Parking Management
Program for Phase 1 B was presented to the City Council. Staff was directed to
proceed with the process to add on-street parking and the time limit changes .
• At the January 12, 2015, City Council Retreat, the City Council directed staff to
continue efforts to evaluate and make recommendations to add parking in the
Downtown area.
• On February 3, 2015, the City Council approved a Resolution to add on-street
parking and change the time-limit parking on Downtown streets as part of Phase
1A and 1 Bon the Downtown Pilot Parking Management Program.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On September 10, 2013, the Planning Commission approved Conditional Use
Permit (CUP) 13-010, Franciscan Plaza Valet Parking. The CUP was to allow
valet parking and a parking management plan to be open to the public, with a
vehicle pick-up and drop-off area on the west side of Camino Capistrano
approximately 30-feet south of Verdugo Street, and vehicle parking within the
Franciscan Plaza Parking Structure.
NOTIFICATION:
Mission Preservation Foundation
Heritage Tourism Association
Sundried Tomato
Chamber of Commerce
ATTACHMENT(S ):
Attachment 1 -Valet Parking Management Services and License Agreement with Best
Valet Parking Corporation
Attachment 2-September 10, 2013, Planning Commission Report
Attachment 3 -Downtown Employee Parking Permit Program Resolution
Attachment 4 -Downtown Employee Parking Exhibit
City Council Agenda Report
June 16,2015
Page 5 of 5
ENCLOSURE(S): Valet Route and Parking Plan -Camino Capistrano and Downtown
Parking Structure
VALET PARKING MANAGEMENT SERVICES
AND LICENSE AGREEMENT WITH BEST VALET PARKING CORPORATION
THIS VALET PARKING MANAGEMENT SERVICES AND LICENSE AGREEMENT
("Agreement") is effective as of the_ day of , 2015 ("Effective Date"), by and
between the City of San Juan Capistrano ("Licensor" or "City "), a municipal corporation
and Best Valet Parking Corporations, a California corporation, ("Licensee").
RECITALS
A. City desires to provide, or cause a third-party contractor to provide valet parking
service in the City's downtown area.
B. City is the owner of a public parking/loading location, consisting of sidewalk, curb
and drive lane located west side of Camino Capistrano (Valet Area) in Downtown
San Juan Capistrano.
C . City desires that the Valet Area be used for valet parking for the general public
on specific days and at specific times to support the users of businesses located
within the downtown area. The specific curb side area designated for valet
operations is depicted in Exhibit "A ", attached hereto and incorporated herein by
reference.
D. Licensee warrants that it possesses specialized skill and experience in providing
valet parking and facilitation of traffic movement to provide such service and is
willing to provide valet parking services to the City, as further defined in this
Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement ,
the parties agree as follows :
AGREEMENT
1. Location. This Agreement pertains to the portion of public right-of-way, on the
west side of Camino Capistrano within the City and generally located south of
Verdugo Street and north of the drive aisle serving the downtown parking
structure (the "Valet Area"). The Valet Area is shown on Exhibit "A", which is
attached hereto and incorporated herein.
2. Term. The Term of this Agreement shall commence on the Effective Date stated
above and continue for a period through December 31 , 2015 (the "Term"). The
Agreement shall have two (2) one-year options to renew, exercisable by the City
Manager. Other than for the reasons enumerated in Section 10 that shall cause
immediate termination of this Agreement, either party may terminate this
Agreement at any time for any reason by giving thirty (30) days written notice to
the other party.
Page 1 of 11
ATTACHMENT 1
3. Grant of License . City hereby grants to Licensee a revocable, non-exclusive,
nontransferable License for the sole purpose of staging up to 8 vehicles on the
Parking Area during the Term.
4 . Relationship of Parties. This Agreement is made solely for the purpose of
authorizing Licensee to manage and operate the Valet Area as described above.
City and Licensee are neither partners nor members of a joint venture, and the
services to be rendered by Licensee are as an independent contractor. All
personnel for the Licensee's parking operations shall be employees of Licensee
and shall not be considered employees of the City.
5. Obligations of the Licensee.
a. Use. Licensee shall use the Valet Area for the sole purpose of providing
valet services for automobiles. The Valet Area shall be used for vehicle
staging and related purposes, and for no other use or purpose.
b. Compliance with Laws . Licensee shall perform each duty and
obligation imposed herein in full compliance with the San Juan Capistrano
Municipal Code, including procuring a business license from the City of
San Juan Capistrano, and other ordinances of the City, and all applicable
laws of the State of California and the United States of America.
c. Standard of Service and Performance. Licensee agrees to provide a
high standard of performance in the execution of all obligations and duties
as hereinafter provided, particularly with respect to service given directly
to the public utilizing the Valet Area. The City reserves the right, through
the office of the City Manager or his designee, to instruct the Licensee as
to the standard of performance when deemed necessary.
d. Personnel. For the performance of any duties required by this
Agreement, Licensee shall employ, engage and retain only persons who
are competent, efficient, qualified and of honest reputation. Licensee shall
maintain close supervision over all personnel to insure the integrity and
maintenance of an honest and high standard of service to the public, as
well as to insure that said persons discharge their duties in a courteous
and efficient manner. In addition to parking attendants, Licensee shall
provide one on-site Parking Manager or Supervisor who shall monitor staff
at the valet Area during all such hours the Valet Area is open to patrons.
e. Condition of the Parking Area: Custodial Services. Licensee accepts
the Parking Area in its "As-Is" state of repair and condition, and Licensee
expressly agrees that City has made no representations to Licensee
regarding the condition of the Parking Area . No alterations to the Parking
Page 2 of 11
Area shall be made by Licensee without first obtaining City's written
consent, which City may grant or withhold in City's sole and absolute
discretion. Licensee shall keep the Parking Area free from any liens
arising out of any work performed, materials furnished or obligations
incurred by Licensee, and shall indemnify City to the fullest extent
provided by Paragraph 6 below in connection with any such liens .
Licensee shall maintain the Valet Area in a neat, clean and safe condition
during the Term. Without limiting the generality of the foregoing sentence,
Licensee shall not permit any vehicles to remain in the Valet Area
overnight, nor perform any repair work to any vehicles in the Valet Area,
nor permit any patrons to perform any repair work to any vehicles in the
Valet Area. Any vehicles violating the foregoing restrictions shall be towed
at Licensee's expense . Licensee shall not permit patrons to access the
Valet Area or vehicles parked thereon but stall instead require parking
attendants to retrieve vehicles for patrons from parking spaces within the
Valet Area. Licensee shall be responsible for removing any trash or debris
from the Valet Area at the conclusion of each day of the Term. Licensee
also agrees to promptly notify City of the need for maintenance or
equipment repair that is the City's responsibility under the terms of this
Agreement. Licensee shall provide copies of daily maintenance performed
by Licensee at the Valet Area at the City's request.
f. Traffic Control. Licensee agrees to implement any necessary traffic
control plans specified or approved by the City Engineer or designee to
ensure the smooth flow of traffic in and out of the Valet Area.
g . Safekeeping of Parking Area. During all hours of operation, and
whenever Licensee is performing any obligation of this Agreement at the
Valet Area Licensee shall provide for the safekeeping of the Parking Area.
During hours of operation, Licensee shall promptly report any suspicious
or illegal activity, or the presence of unauthorized persons to the San Juan
Capistrano Police Services.
h. Records and Accounting .
1. Licensee shall maintain full and complete accounting records, in
conformity with generally accepted accounting principles applied
on a consistent basis, and Licensee shall deliver to City a copy
thereof, in such form and providing such information as the City
may require within five (5) days upon written request from the
City.
2. Licensee shall maintain all accounting records generated as a
result of this Agreement for no less than six (6) months after the
end of the Term.
Page 3 of 11
i. Signage: Marketing/Promotional Materials. With the exception of
removable signage (which may be in the form of one or more "sandwich
board" signs) indicating the availability and cost of Licensee's valet
parking service and any directional signs in connection with the foregoing,
Licensee shall not be permitted to install any signage or advertising at the
Valet Area without obtaining the prior written consent of the City, which
consent may be granted or withheld in the City's sole and absolute
discretion. Any marketing or promotional materials, activities, or other
similar type of documents must be submitted and approved by the City
prior to publication or dissemination to the public. Material cost to be paid
for by the City.
6. Indemnification and Hold Harmless . Licensee shall indemnify, defend, and
hold harmless the City and its officers, officials, agents, employees and
volunteers against any and all liability, claims, actions , causes of action or
demands whatsoever against any of them, including any injury to or death of any
person or damage to property or other liability of any nature, arising out of or in
any way connected with the performance of this Agreement by Licensee or
Licensee's employees, officers, officials, agents or independent contractors,
except for the sole negligence or willful misconduct of City.
7 . Insurance. Licensee shall procure and maintain at its sole cost for the duration
of this agreement the following insurance:
a. Minimum Scope of Insurance.
Coverage shall be at least as broad as :
1. Insurance Services Office Commercial General Liability coverage
("occurrence" form CO 0001 );
2 . Insurance Services Office form number CA 0001 (Ed. 1/87)
covering automobile Liability, code 1 "any auto";
3. Workers' Compensation insurance as required by the Labor Code
of the State of California and Employers Liability insurance.
4. Garage Keepers Liability: $1,000,000
b . Minimum Lim its of Insurance.
Licensee shall maintain policy limits of no less than:
1. General Liability: $2,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
Page 4 of 11
aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit;
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage;
3. Worker's Compensation and Emolovers Liability : Worker's
compensation limits as required by the labor code and employers
liability limits of$1 ,000,000 per accident.
4 . Garage Keepers Legal Liability: Minimum amount of $250,000 per
location, per occurrence, with a maximum deductible of $1,000 to
provide collision and comprehensive coverage for vehicles.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-
insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or Licensee shall procure a bond
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d. Other Insurance Provisions:
The policies shall contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its officers, officials, employees, agents and
volunteers are to be covered as Insured with respect to
liability arising out of activities performed by or on behalf of
Licensee; products and completed operations of Licensee;
premises owned , occupied or used by Licensee; or
automobiles owned, leased, hired or borrowed by Licensee.
The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials,
employees, agents or volunteers;
b. Licensee's insurance coverage shall be primary insurance as
respects the City, officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials , employees, agents or
volunteers shall be excess of Licensee's insurance and shall
not contribute with it;
Page 5 of 11
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers;
d. Licensee's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2 . Worker's Compensation and Emolovers Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the
City, its officers, officials, employees and volunteers for losses
arising from work performed by Licensee for the City.
3. All Coverages: Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
canceled by either party , reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail , return
receipt requested, has been given to the City .
e . Acceptability of Insurers. Insurance is to be placed with insurers with a
Best's rating of no less than A: VII.
f . Verification of Coverage: Licensee shall furnish the City with certificates
of insurance and with original endorsements effecting coverage required
by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All certificates and endorsements are to be
received and approved by the City before the commencement of the
Term . The City reserves the right to require complete certified copies of all
required insurance policies at any time.
8 . Safety and Accidents. Licensee shall comply with all laws and industrial
safety standards. If a death , serious personal injury or substantial property
damage occurs in connection with the performance of this Agreement, Licensee
shall immediately notify the City's Risk Management Office by telephone. Any
reports prepared by Licensee shall also be promptly submitted to the City's Risk
Management Office.
9. Assignment. City has entered into this Agreement in part because of the
qualifications of Licensee. Accordingly , Licensee shall not assign or transfer this
Agreement or any of the rights or privileges herein agreed without the express
written consent of City, which consent may be withheld with or without cause.
Page 6 of 11
10 . Termination. Pursuant to Section 2 of this Agreement (''Term"), either party may
terminate this Agreement at any time for any reason by giving thirty (30) days
written notice to the other party. Additionally, Licensee reserves the right to
immediately terminate this Agreement if the Mission Foundation terminates its
subsidy and/or for non-payment for valet services. City reserves the right to
immediately terminate this Agreement and revoke the License granted hereby in
the event any one of the following circumstances occurs during the term of this
Agreement:
a . The failure of Licensee to maintain the quality and conditions of service
imposed under the terms of this Agreement, upon two (2) days written
notice to correct condition(s) objected to;
b . The failure of the Licensee to keep in full force and effect at any time the
policies and amounts of Insurance required in this Agreement upon five
(5) days written notice to Licensee to correct the condition(s);
c . The happening of any act which results in the suspension or revocation of
the rights, power, licenses, permits and authorities necessary for the
conduct and operation of the City's parking facilities as herein authorized ;
d . Any substantial change in the ownership or proprietorship of Licensee
that, in the opinion of the City, is not in the best interest of the City or of
the public ;
e . A petition under any part of the federal bankruptcy laws, or an action
under any present or future solvency law or statute shall be filed by or
against Licensee and shall not be dropped or dismissed within thirty (30)
days after the filing thereof;
f . Licensee voluntarily discontinues its obligations under this Agreement for
a period of two (2) days or more;
g. Licensee agrees that if this Agreement is terminated, Licensee agrees to
cooperate in every way possible with any succeeding Licensee , so that
the public shall not be inconvenienced by the change of Licensees.
11. Licensee's Duties Upon Expiration of Term . Licensee agrees that if upon
City's request, at expiration date of the term of this Agreement, or at the earlier
Page 7 of 11
termination thereof, Licensee shall move its personnel and equipment from the
Valet Area, leaving the Parking Area in good condition, reasonable wear and tear
and acts of God excepted. The City's equipment and equipment purchased by
Licensee and reimbursed by the City shall be left in good working order and
appearance. Licensee also agrees that at the expiration date of this Agreement
or at the earlier termination hereof, Licensee shall provide City with current,
accurate financial records pertaining to the Valet Area.
12 . Possessorv Interest Tax. Pursuant to section 107.6 of the Revenue and
Taxation Code, City hereby advises, and Licensee recognizes and understands,
that this Agreement may create a possessory interest subject to property taxation
and that Licensee may be subject to the payment of property taxes levied on
such interest. Licensee shall pay, prior to delinquency, all taxes assessed against
and levied upon Licensee's possessory interest, if any.
13 . Miscellaneous Obligations :
a. Right of City to Inspect. City shall have the right, at any and all
reasonable times, to inspect, examine and investigate any and all
operations and activities of Licensee and of its officers and employees,
connected or related to the operation or maintenance of the Parking Area
or to the doing of any of the actions required by Licensee under this
Agreement, including the unlimited right to enter the Parking Area at any
time to inspect the Valet Area and to determine whether the Licensee is
complying with all its. obligations under this Agreement;
b . Rates; Schedules: Locations of Valet Stands. Parking rates, methods of
operation, discounts and allowances, and the locations of valet parking
stands shall be approved in writing by City to Licensee prior to
implementation;
c. Hours of Operation. Licensee shall offer the valet parking services
contemplated by this Agreement during the hours agreed to with the
Downtown Parking Stakeholder Group and as may be amended by the
City (the "Operating Hours") during the Term.:
Licensee may access the Valet Area within one (1) hour prior to the start
time noted above and continue to access the Valet Area for one ( 1) hour
after the end time noted above to complete any necessary maintenance or
Page 8 of 11
perform any otl1er duty required of Licensee by this Agreement oilier than
accepting patrons' vehicles.
d. City's Right to Operate. In the event Licensee fails to perform its
obligations set forth in this Agreement, as an additional remedy and prior
to taking formal action authorized in Section 10, City shall have the right to
immediately assume operational control of the Valet Area in whatever
manner is necessary to continue smooth operation of the Valet Area. This
right shall include, but not be limited to, and only to the extent necessary,
the right to collect parking fees from users of the valet Area;
e. Uniforms. Licensee agrees to have all parking personnel outfitted in
uniforms acceptable to the City. Uniforms must be such that Valet Area
employees are readily recognizable as Valet personnel and which are
easily visible at nighttime. City reserves the right to determine what
identification will appear on the uniforms;
f. Alterations/ Additions. Licensee shall not make any alterations,
changes, or additions to the Valet Area, or to any fixtures or equipment
owned by City without first having obtained written consent of City;
g . Nuisance or Waste. Licensee shall not commit, permit or allow any
nuisance or waste in, or damage to the Valet Area, or permit the use of
the Valet Area for any illegal or immoral purposes.
14. Conditions and Covenants . Each covenant herein is a condition , and each
condition herein is as well a covenant by the parties bound thereby, unless
waived in writing by the parties hereto.
15. Fair Meaning Construction. The language of this Agreement shall be
construed according to its fair meaning, and not strictly for or against either City
or Licensee.
16 . Notices. Any action, notice or request required to be taken, given or made
by City hereunder may be taken, given or made by the City Manager, or such
oilier person or persons as he may authorize for the purpose. All notices,
requests, or oilier papers required to be given or delivered to Licensee .shall be
deemed to be duly and properly given or made if mailed to City, postage prepaid,
addressed to:
Best Valet Parking Corporation
Page 9 of 11
or personally delivered to Licensee at such address, or at such other address as
Licensee may designate in writing to City.
All notices, requests, or other papers required to be given or delivered to City
shall be deemed to be duly and properly given or made if mailed to City, postage
prepaid addressed to:
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
or personally delivered to the City Manager at the City , or at such other address
as City may designate in writing to Licensee.
17 . Entire Agreement. This Agreement is the entire Agreement between the parties
and supersedes all prior negotiations, representations, or agreements, whether
written or oral. This Agreement may be amended only by written agreement
signed by both parties.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by and through their duly authorized officers and representatives as of the
date first above written .
[SIGNATURE PAGE TO FOLLOW]
Page 10 of 11
SIGNATURE PAGE
ATIEST:
Maria Morris, City Clerk
APPROVED AS TO FORM :
City Attorney
LICENSOR
City of San Juan Capistrano,
A Municipal Corporation
Derek Reeve, Mayor
LICENSEE/LICENSEE
Best Valet Parking Corporation
A California Corporation
Signed
Name, Title
Page 11 of 11
Date
TO :
FROM :
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Planning Commission
Development Services Department ~
William A Ramsey, AICP, Assistant D ev~~nt Services D irect
Prepared by: Nick Taylor, Associate Plan{;'"'
September 10 , 2013
Continued Consideration of Conditional Use Permit (CUP) 13-010,
Franciscan Plaza Valet Parking; Consideration of a valet parking and a
parking management plan proposed to be open to the public, with a
vehicle pick-up and drop-off area on the west side of Camino Capistrano
approximately 30-feet south of Verdugo Street, and vehicle parking within
the F ranciscan Plaza Parking Structure, generally located on the
southwest corner of Camino Capistrano and Verdugo Street at 31781
Camino Capistrano (APN 121-150-27)
RECOMMENDATION :
Open the public hearing, receive public testimony, close the public hearing; and,
·'
By motion, adopt a resolution conditionally approving the proposed valet parking
management plan.
OWNER/APPLICANT:
Applicant:
Robert Quest, Jr.
31781 Camino Capistrano
Suite 302
San Juan Capistrano, CA 92675
EXECUTIVE SUMMARY:
Property Owner:
Alta Plaza, LLC
31781 Camino Capistrano
Suite 107
San Juan Capistrano, CA 92675
The applicant has requested approval of valet parking and a parking management plan
that would be open to the public, would feature a vehicle pick-up and drop-off along the
Franciscan Plaza's frontage on Camino Capistrano, within the curbside loading area just
south of Verdugo Street. Valet attendants would continue south on Camino Capistrano
and turn into the parking structure entrance on the west side of Camino Capistrano.
ATTACHMENT 2
•'
Planning Commission Agenda Report
August 13, 2013
Page 2 of 4
Vehicles would be parked on the lowest level of the parking structure in the last 20
spaces prior to the reserved "Commuter" spots. The attendants would return vehicles by
exiting the parking structure at the terminus of Verdugo Street and turning right onto
Camino Capistrano and into the loading zone. The Development Services Director has
determined that the proposed activity requires approval of a Conditional Use Permit
subject to the process established by Municipal Code Section 9-2.317.
DISCUSSION/ANALYSIS :
Since the proposed valet parking use is not listed. in Title 9 of the Land Use Code,
consideration of the use requires interpretation by the Development Services Director.
Section 9-3.203 gives the Director authority to review unlisted uses and determine the
appropriate review process . The Director has determined that the proposed use has
characteristics which are unique and could result in adverse impacts on other land uses
in the "TC" (Town Center) Zone District and thus, has determined that approval of a
Conditional Use Permit would be required in order to minimize those potential adverse
impacts on surrounding properties .
When properly managed and staffed, valet parking is generally regarded to more-
efficiently park vehicles than self-parking because the valet attendants can immediately
park vehicles in designated spaces, rather than circulating throughout the parking area
looking for a spot. Further, valet parking would add a convenience factor that may be
attractive to patrons of the downtown because valet attendants would park in less
desirable spaces in the lower level of the structure, thereby making available more
conveniently located spaces for patrons choosing to self-park. Therefore, staff has
determined that the proposal would be a benefit to the overall downtown parking
inventory.
The applicant has provided a Parking Management Plan (PMP) to ensure effective valet
operation and has included a detail identifying a vehicle stacking capability of 3 vehicles
(Attachment 1 ). Staff has determined that the applicant's proposal will ensure adequate
traffic flows and loading/unloading for the adjacent businesses through the use of a "lot
full" sign when the loading zone is needed for deliveries or has reached vehicle stacking
capacity in the pick-up/drop-off zone. Staff has determined that the proposed
management plan would effectively manage potentially adverse traffic and parking
effects and therefore, is acceptable and recommends conditional approval requiring
adherence to the proposed parking management plan (Attachment 5). If staff finds that
the valet parking operation fails to meet the goals of the PMP and/or that modifications
to the plan are needed to better address issues related to the valet parking or to
improve the valet parking operation, staff would meet with the applicant to discuss and
explore available solutions/options. Any changes to the valet parking operation would
then be subject to review and approval by either the Development Services Director or
by the Planning Commission.
Planning Commission Agenda Report
August 13 , 2013
Page 3 of 4
Further, the City will require approval by the City Council of a license agreement for
private use of the public right-of-way for the valet loading/unloading area. Insurance
requirements will be determined by the City Council upon review of the license
agreement. The applicant is also required to share revenues with the City pursuant to
the terms of the existing license agreement with Alfa Plaza, LLC . This agreement is
administered by Finance Department staff under the direction of the City Council.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act. The City's Environmental Administrator has determined that the project is
categorically exempt from further review pursuant to Section 15301 Existing Facilities. A
Notice of Exemption (NOE) will be posted should the project receive final approval.
PRIOR REVIEW:
On August 13, 2013, The Planning Commission reviewed the proposal and identified
concerns with vehicle stacking capabilities, safety, and insurance limits, and requested a
more detailed plan to include street furniture, information regarding the "Revenue
Sharing" provision in the existing license agreement and the possible requirement of a
license agreement to use the public right-of-way. The applicant has provided an exhibit
that identifies the vehicle stacking capabilities and staff has supplemented this with
Street Improvement Plans (Attachment 6). Further, the applicant has provided photos of
the proposed street furniture and signage . Staff recommends that "Franciscan Gardens"
or any specific business name not be included on the signage because it may deter the
public from utilizing the valet service. The Finance Department has confirmed that any
revenues received will be subject to the existing license agreement with no changes
proposed at this time. Insurance requirements will be determined by City Council upon
approval of a new license agreement for use of the public right-of-way, as required by
Public Works.
COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS:
On June 6, 2012 , the proposal was reviewed by the Development Advisory Board .
NOTIFICATION:
Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a
public hearing notice has been mailed to all property owners (as listed on the Orange
County Real Property Tax Assessment rolls) within one-thousand (1 ,000) feet of the
project; has been published in the Capistrano Valley News at least ten ( 1 0) days prior to
the hearing; has been posted at three public locations and a "Notice of Proposal" sign
has been posted on-site. This agenda item has been provided to the applicant and their
representative through posting of the agenda packet on the City's website.
Planning Commission Agenda Report
August 13, 2013
Page 4 of 4
ATTACHMENTS:
Attachment 1 -Project Proposal
Attachment 2 -Aerial Photo
Attachment 3 -General Plan Land Use Mao
Attachment 4 -Zoning Map
Attachment 5 -Draft Resolution
Attachment 6 -Street Improvement Plans
PC RESOLUTION NO. 13-09-10-01
CONDITIONAL USE PERMIT (CUP) 13-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A VALET PARKING MANAGEMENT PLAN
PROPOSED TO BE OPEN TO THE PUBLIC, WITH A VEHICLE PICK-UP AND DROP-
OFF AREA ON THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 30-
FEET SOUTH OF VERDUGO STREET, AND VEHICLE PARKING WITHIN THE
FRANCISCAN PLAZA PARKING STRUCTURE, GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF CAMINO CAPISTRANO AND VERDUGO STREET AT 31781
CAMINO CAPISTRANO (APN 121-150-27) (FRANCISCAN PLAZA VALET PARKING)
Whereas, Robert Quest, Jr., 31781 Camino Capistrano #107, San Juan
Capistrano, CA 92675, has requested approval of a Conditional Use Permit to allow "valet
parking service" subject to a parking management plan proposed to be open to the public,
with a vehicle pick-up and drop-off zone on the west side of Camino Capistrano
approximately 30-feet south of Verdugo Street, and vehicle parking within the Franciscan
Plaza Parking Structure on property located at 31781 Camino Capistrano, which is General
Plan-designated 3.1 General Commercial and classified as Town Center on the Official
Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2 .301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 1 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061 (d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on August 13, 2013 and September 10, 2013, pursuant to Title 9, Land Use Code, Section
9-2.302, to consider public testimony on the proposed project and has considered all
relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.317 of Title 9 , Land Use Code of the City of San Juan
Capistrano:
PC Resolution 13-09-10-01 2 September 10, 2013
1. The proposed valet parking use and design are consistent with the maps and
policies of the General Plan because the use would facilitate efficient parking for
established commercial businesses within the downtown, which are consistent with
the General Plan Land Use Element's "3.1 General Commercial" Land Use
designation; and,
2. The proposed valet parking use and design are consistent with the purpose, intent,
and standards of the Land Use Code and any applicable specific plan or
comprehensive development plan, except as otherwise approved, because the use
would facilitate parking for existing commercial businesses within the "TC" (Town
Center) Zone District; and,
3. The site for the proposed valet parking use is adequate in size and shape to
accommodate all yards, open spaces, setbacks, walls and fences, parking and
loading areas, fire and building code considerations, trash and recycling enclosures,
and other features pertaining to the application because the existing delivery zone
can safely and sufficiently accommodate vehicle drop-off and pick-up with the
implementation of the proposed management plan. The management plan would
ensure adequate accessibility for delivery vehicles, as well as maintain existing
traffic flows; and,
4. The proposed valet parking use and the on-going operation of the use are
compatible with abutting properties and the permitted uses thereof, and will not
generate excessive light, noise, vibration, odors, visual blight, traffic, or other
disturbances, nuisances, or hazards because the proposed valet parking will
facilitate parking for patrons of the downtown business, and will not cause any
additional traffic impacts beyond existing conditions; and
5. The site for the proposed valet parking use has adequate access and parking to
support the use because the parking structure will adequately accommodate the
proposed vehicle path of travel and parking locations used by valet parking
attendants, and vehicle drop-off and pick-up will be adequate by using the proposed
methods of parking management; and the use would not add additional parking
demand to the existing parking inventory, and would more efficiently use the existing
parking inventory.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m., Wednesday,
September 25, 2013. This project approval shall be valid for a period of 2 years from the
date of approval of this resolution, and shall expire on September 10, 2015 unless a time
PC Resolution 13-09-10-01 3 September 10, 2013
extension request related to this discretionary approval is submitted to the City prior to that
date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 1 01
h day of September 2013, by
the following vote, to wit:
AYES: Vice-Chair Neely, Commissioners Gardiner, Chaffee, and Nunn
NOES : Chair Cohen
ABSTAIN: None
Sheldon Cohen, Chairman
RESOLUTION NO. 15-06-16-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE DOWNTOWN EMPLOYEE PARKING
PERMIT PROGRAM ESTABLISHED BY RESOLUTION NO. 95-2-7-7 TO INCLUDE
UPDATED EMPLOYEE PARKING AREAS IN DOWNTOWN SAN JUAN CAPISTRANO
WHEREAS, the Downtown Parking Stakeholders Group has identified that
parking spaces in the City's core Downtown Business District should be made
available to tourists and visitors to the City to every extent possible; and,
WHEREAS, the City Council established a "Downtown Employee Parking
Permit Program" in 1995 in the interest of organized parking and public safety; and,
WHEREAS, the Downtown Parking Stakeholders Group has also identified the
need for additional employee parking for Downtown businesses and recommended that
areas be designated to provide for additional employee parking on the edge of the core
Downtown Business District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby amend the Downtown Employee Parking Permit
Program as follows:
SECTION 1. Add additional employee parking areas :
• Camino Capistrano (both sides of the street) from Acjachema Street to a
designated area south of La Zanja.
• Paseo Adelanto (east side only), north of Del Obispo in a designated area.
• El Camino Real, (west side only), north of Ortega in a designated area.
• City parking lot at El Camino Real at El Horno Street.
• North end of the Capistrano Depot parking lot in a designated area.
• North end of the Multi-Modal lot in a designated area.
• Temporary Parking lot located at Paseo Adelanto and Ramos Street.
SECTION 2 . Delete certain employee parking from the core Downtown
Business District:
• Parking lot at the southeast corner of Ortega Highway and El Camino Real
in designated areas.
• El Camino Real (east side only) from Yorba Street to Ortega Highway.
/ATTACHMENT 3
1
SECTION 3. Permit Rights
The City of San Juan Capistrano's Employee Parking Permit shall permit
an employee displaying such permit to park in the updated employee parking
spaces as shown in Exhibit A.
SECTION 4. Reaffirmation
All other provisions of the Downtown Employee Parking Program as
established by City Council Resolution No. 95-2-7-7, shall remain in full force
and effect.
PASSED, APPROVED AND ADOPTED this 161h day of June 2015 .
Derek Reeve, Mayor
ATTEST:
Maria Morris, City Clerk
2
I
I
RESOLUTION NO. 06-06-06-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE DOWNTOWN EMPLOYEE
PARKING PERMIT PROGRAM ESTABLISHED BY RESOLUTION NO. 95-
2-7-7 TO INCLUDE THE LOS RIOS PARKING LOT
WHEREAS, THE City Council established a "Downtown Employee Parking Permit
Program"; in 1995 in the interest of organized parking and public safety; and,
WHEREAS, the Merchants on Los Rios Street have requested convenient employee
parking within the Los Rios Historic District; and,
WHEREAS, the City Council desires to make it easier to be an employee of a
downtown business; and,
WHEREAS, Sections 22507 and 22519 of the California Vehicle Code authorize
cities to establish a permit parking program by Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby amend the Downtown Employee Parking Permit Program to
include the following:
Section 1. Designating Los Rios Parking Lot for Employee Permits,
The Downtown Employee Parking Permit shall permit an employee displaying such
permit to park in the time restricted public parking spaces in the Los Rios Parking lot for a
duration longer than the posted time.
Section 2. Reaffirmation
All other provisions of the downtown employee parking permit program as
established by City Council Resolution No. 95-2-7-7, shall remain in full force and effect.
PASSED, APPROVED, AND ADOPTED t .
ATTEST:
Page 1 of 1 June 6, 2006
ATTACHMENT 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-06-06-05 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 6~~'~ day of June 2006, by the following vote:
AYES:
NOES :
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
COUNCIL MEMBER:
Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
None
None
I
I
I
RESOLUTION NO. 95-2-7-7
ESTABLISHING DOWNTOWN EMPLOYEE PARKING PEBMIT
PROGRAM AND SEITING PEBMIT ISSVANCE FEE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A D "OWNTOWN EMPLOYEE
PARKING PERMIT PROGRAM" WITHIN THE DOWNTOWN AREA AND
SETTING THE FEE FOR 1lffi ISSUANCE OF EMPLOYEE PARKING PERMITS
WHEREAS, Sections 22507 and 22519 of the California Vehicle Code authorize
cities to establish a permit parking program by Resolution; and,
WHEREAS, the City Council desires to make it easier to be an employee of a
downtown business; and,
WHEREAS, the City Council has determined that it is in the interest of public safety
to establish a "Downtown Employee Parking Permit Program"; and ,
WHEREAS, it is the policy of the City Council to recover the cost for providing
services and programs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that a Downtown Employee Parking Permit Program be established subject to the
following :
SECTION 1. Pe rmi t I ssuance .
The City of San Juan Capistrano shaJJ assume responsibility for administration of this
parking program. The Employee Parking Permit shall be issued to the place of business and the
business shall request the number of permits needed for their employees.
SECTION2.
The Employee Parking Permit shall be displayed in the front window ofthe vehicle,
either hung from the rear-view mirror or on the driver's side dashboard .
SECTION3. Permit Riihts .
The Employee Parking Permit shall pennit an employee displaying such permit to park
in time-restricted public parking spaces, but not in loading zones or fire lanes.
-1-
111
112
SECTION 4. Permit Fee and Teon.
The City Council establishes a permit issuance fee of five dollars ($5.00) for each
permit. Parking Permits shall expire annually. Annual renewals will be considered new issuance.
Replacements shall be considered new issuance .
SECTION 5. Enfo rcement .
a. It shall be unlawful for any person to copy, produce, or otherwise counterfeit
an Employee Parking Permit issued pursuant to this Resolution .
b . The City 9fSan Juan Capistrano shall be empowered to cancel or revoke any
permit used by any individual without authorization .
c . Vehicles in violation of this Resolution shall receive citations in accordance
with standard parking procedures of the Orange County Sheriff's Department.
PASSED, APPROVED, AND ADOPTED this 7th day of
February , 1995 .
ATTEST:
-2-
I
I
I
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
)
) ss
)
I, CHERYL JOHNSON, City Clerk ofthe City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No .
95-2-7-7 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of FebruarY , 1995, by the
following vote:
AYES: Council Members Jones. Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
cHERYLJOS ~ CLERIC•
-3 -
113
DOWNTOWN EMPLOYEE PARKING PERMIT LOCATIONS
m z
0 r
0
CJJ c
:::0 m
NOTES:
Primary valet parking area in bottom floor of parking
structure (See Diagram Above)
Valet Hours Of Operation:
Friday: 4:00pm-approximately 12:00am
Saturday: 11 :OOam-approximately 12:00am
Sunday: 1 O:OOam -approximately 4:00pm
~ : ~ Valet Area
~.Ingress
... -Egress
CD Removable Sign (Double Sided)
"San Juan Capistrano Shops and Restaurants (Logo)
Valet Parking" (with left arrow-Side A, right arrow-Side 8
0 Removable Sign
"San Juan Capistrano Shops and Restaurants (Logo)
"Valet Parking" (with left arrow)
® Removable Sign
"San Juan Capistrano Shops and Restaurants (Logo)
Valet Parking -Please Pull Forward"
0 Valet Kiosk With Sign
"San Juan Capistrano Shops and Restaurants (Logo) Valet Parking"
VALET PARKING PLAN
SAN JUAN CAPISTRANO SHOPS AND RESTAURANTS
SAN JUAN CAPISTRANO, CA