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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