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HomeMy WebLinkAbout03 PC REPORT MOMENTOUS SPORTS CENTER AGENDA REPORT ITEM 93 MEETING DATE: OCTOBER 22, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT (CUP) 2024-0015 APPLICANT: PROPERTY OWNER: MICHAEL J. RANGEL MIKE LONG MOMENTOUS SPORTS CENTER LP 2741 WALNUT LP 14522 AND 14524 MYFORD ROAD 2741 WALNUT AVENUE IRVINE, CA 92606 TUSTIN, CA 92780 LOCATION: 2741 WALNUT AVENUE APN: 432-473-46 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE STATUS: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 (CLASS 1) REQUEST: TO ESTABLISH JOINT-USE PARKING AT THE PROPERTY LOCATED AT 2741 WALNUT AVENUE, TUSTIN, FOR EMPLOYEES OF THE MOMENTOUS SPORTS CENTER, LOCATED IN THE CITY OF IRVINE'S JURISDICTIONAL BOUNDARIES (14522 AND 14524 MYFORD ROAD), DURING WEEKDAY EVENING AND WEEKEND TOURNAMENTS RECOMMENDATION: That the Planning Commission adopt Resolution No. 4507 approving Conditional Use Permit (CUP) 2024-0015 to establish joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees of the Momentous Sports Center (MSC), located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road), during weekday evening and weekend tournaments. Planning Commission October 22, 2024 CUP 2024-0015 Page 2 APPROVAL AUTHORITY: Pursuant to the Tustin City Code (TCC) Section 9264a, parking facilities may be used jointly for non-residential uses with different peak hours of operation upon approval of a CUP. The CUP shall be reviewed by the Planning Commission when thejoint-use parking areas serves structures totaling more than 30,000 square feet. BACKGROUND: Site and Location The project involves two sites, the joint-use parking site (2741 Walnut Avenue, Tustin) and a business' site. The joint-use parking site ("subject property") is located in the City of Tustin. The business, Momentous Sports Center, is located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road, Irvine). The City of Tustin's (City) General Plan land use designation for the subject property is Planned Community Commercial/Business (PCCB), and its zoning is Planned Community Industrial (PC IND), specifically the Irvine Industrial Complex Planned Community District. The subject property is developed with a 33,216 square-foot, two-story office building (Largo Concrete office). The Momentous Sports Center site is located approximately 1,000 feet to the southeast of the subject property, and it is improved with two buildings currently occupied by community facilities uses. Uses surrounding the subject property are primarily industrial. There are also office and commercial uses nearby, but to a lesser extent. The surrounding properties are located within the PC IND zoning district. Properties to the east of Myford Road are located within the City of Irvine, and consist of industrial, office, and sports complex buildings. Figure 1: Aerial r City of Irvine- , J(Oil rase General a1 Industrial w.. 4• „ *t �,' City of o f III- Tustin - e PC IND City of Irvine Application (Momentous Sports Center) Planning Commission October 22, 2024 CUP 2024-0015 Page 3 The Momentous Sports Center (MSC), formerly known as Misty May Treanor Sports Center, was approved in 2014 to allow the site to function as a sports training and event hosting venue. In 2022, MSC requested a modification to an approved CUP in the City of Irvine, in Planning Area 10, including administrative relief from parking standards, for a "community facility" at 14522 and 14524 Myford Road. MSC requested modification would expand the facility's hours of operation, amend the maximum number of athletes/staff, and update the types of activities allowed within the facility. Most importantly, the modification would allow MSC to expand their capacity on weekends, and host weekend tournaments. To meet the minimum parking demand associated with the revised operations of the community facility, the applicant also requested administrative relief from the parking standards of the Irvine Zoning Ordinance. The request identified parking at two off-site locations, including one location within the City of Tustin (Largo Concrete at 2741 Walnut Avenue). The applicant, Momentous Sports Center LP, is responsible for ensuring that any necessary approvals are obtained from the City of Tustin for parking within the boundaries of Tustin. On June 20, 2024, the Irvine Planning Commission adopted Resolution No. 24-3957 (Attachments F & G) approving the requested modification. Condition 6.22 on the City of Irvine Resolution documents the need for off-site parking approval from the City of Tustin. If the applicant is unable to secure land use approval for the off-site parking, the community sports facility would not be permitted to host tournaments or activities that generate a parking demand in excess of the number of spaces available at the MSC site. DISCUSSION: Project Description The project is a request for a CUP to establish a joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees of the MSC, located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road). MSC proposes to secure off-site parking for their employees to offset their parking demand during weekday evening and weekend tournaments. The joint-use parking would allow MSC employees to park at the project site when the facility is not in use by the existing tenant, Largo Concrete, or is at a reduced capacity. Joint-Use Parking (Parking Study) The building at 2741 Walnut Avenue (subject property) is currently used for office use (Largo Concrete office). There are currently 133 parking spaces on the site and are used primarily on weekdays by Largo Concrete (Figure2). The subject property and MSC executed a parking use agreement in January 2024 (Attachment E), in anticipation of a CUP for joint-use parking in City of Tustin. If the application is approved, City of Tustin Condition of Approval No. 2.6 will require the Planning Commission October 22, 2024 CUP 2024-0015 Page 4 property owner to record the agreement with the County Clerk Recorders office before MSC can use the property for the joint-use parking. Figure 2: Subject Property Site Plan ` ,'` ' ]aint-useparkingarea 123 parking spaces ' CJ proposed for joint use Q r � Existing $sTORY 461 LNG 7,. { .• U41 WALWT AVE. TNBTFE C . r r Bi ding 133 Of=str et: m ? _ a-rking spaces I j T �121 required pprFT i y, TCC 9263) 1 �_ a EXISTING BWLDING �N (NOT A PART OR SCOPE) STTF PI PN Pursuant to TCC Section 9263, the subject property requires a total of 127 parking spaces for Largo Concrete uses, as shown in the following table: Table 1: Parking Summary <25,000 SF 1 .250 25,000 100 127 133 >25,000 SF 1 .300 8,216 27 Section 9264a of the TCC allows off-street parking requirements to be reduced when parking facilities are used jointly by two or more different uses, and those uses have different peak hours of operation, such as an office building (subject property) and the community facility (MSC). Joint-use parking requires approval of a conditional use permit (CUP). The parking study report (Attachment D) evaluated the parking requirements for MSC site based on the types, timing, and intensity of activities proposed, and availability of parking at off-site parking locations to accommodate for parking demand during tournaments. The parking study concluded that the project would require 150 spaces during weekday non- tournaments, 329 spaces during weekday tournaments, and 952 spaces during weekend tournaments. Planning Commission October 22, 2024 CUP 2024-0015 Page 5 The MSC site provides 333 onsite parking spaces, which is sufficient to cover the anticipated demand during weekday operations. To meet the parking demand during weekend tournaments, the applicant has obtained off-site parking agreements for two nearby off-site parcels. Rivian, located at 14600 Myford Road in the City of Irvine, contains up to 570 spaces for MSC use during weekends. Largo Concrete at 2741 Walnut Avenue (subject property) provides 123 parking spaces during weekday evening and weekend tournaments. The parking study included both estimates and observation of parking spaces to confirm the availability of the off-site spaces pledged in the applicant's secured off-site parking agreements. Therefore, the sites provide sufficient parking to meet the maximum demand forecasted by the parking study. The tournaments at the MSC site, warranting the use of the off-site properties, will have peak use periods that do not coincide with the business operations at Rivian (Irvine) and Largo Concrete (subject property). ANALYSIS: With the provision of off-site parking, the quantity and location of parking is anticipated to meet the demand of the community sports facility, particularly during weekday and weekend tournaments. Staff would note that previously observed parking problems, such as illegal parking on unapproved sites, queuing into public streets, unloading on public streets, jaywalking, etc., are not necessarily related to a shortage of on-site parking; but rather a result of poor parking management and operational deficiencies. To ensure that parking problems observed in the past do not persist, the parking study prepared for the project (Attachment D) identifies strategies to accommodate the parking demand, traffic flow, and pedestrian safety during MSC operations. The strategies include providing attendants, cones, and signage to direct motorists to the appropriate parking lot(s); and bringing Momentous-related traffic off the public streets. To implement these strategies, MSC will be relocating parking ticket sales/collection points further onto their site, ensuring that vehicle queues are contained on-site, away from the public right- of-way. MSC will also be required to provide crossing guards to prevent jaywalking. The crossing guards will encourage pedestrians to utilize the crosswalk at Myford Road and Walnut Avenue. Furthermore, Irvine's conditions of approval (Resolution No. 24-3957, 6.19 and 6.20) require MSC to comply with identified parking management strategies, and makes it clear that the applicant is responsible for implementing the parking practices, and establishes authority for the City of Irvine to restrict or otherwise compel the applicant to alter their activities if future problems exist. With respect to the employee parking in the City of Tustin, no significant issues are anticipated as minimal cross pedestrian and vehicle traffic would occur to and from the subject property and the MSC site. Planning Commission October 22, 2024 CUP 2024-0015 Page 6 In determining whether to approve the CUP, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1 . That TCC Section 9264a authorizes joint-use parking for non-residential uses with different peak hours of operation with approval of a CUP. 2. A Parking Study Report, dated March 2024, was prepared by a licensed traffic engineer (Ambarish Mukherjee, P.E, of LSA, Inc.) in accordance with TCC Section 9264. 3. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That the current use at the subject property (2741 Walnut Avenue) is a commercial office and currently has 133 parking spaces. Pursuant to TCC 9263, the office use would require 127 off-street parking spaces, and peak hour parking demand occurs during regular business hours on weekdays and no substantial conflict will exist in the peak hours of parking demand for the commercial office use. 5. That the MSC, located in the jurisdictional boundaries of the City of Irvine, is in close proximity to the project site. The parking spaces provided at the subject property (2741 Walnut Avenue) for the benefit of MSC are limited to employees of MSC only and applicable to weekday evening and weekend tournaments when the on-site business, Largo Concrete, is not in operation. 6. Public sidewalks, including a signalized crossing, at the intersection of Myford Road and Walnut Avenue are available to provide pedestrian access between the project site and the parking locations. 7. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking would be available on-site on and off-hours. Environmental Review The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) in that the project site is an existing facility. Planning Commission October 22, 2024 CUP 2024-0015 Page 7 PUBLIC HEARING NOTICE: The public hearing notice for the October 22, 2024 Planning Commission public hearing was published in the Tustin News on October 10, 2024, and the Community Development Department mailed a notice of public hearing to each of the property owners within 300 feet of the project site, inclusive of the project itself. Public notices were also physically posted on the project site. No comments have been received by City staff as of the writing of this report. Any comments received after the completion of the staff report will be provided to the Planning Commission prior to or at the scheduled public hearing. CONCLUSION: Based on the findings provided, staff recommends the Planning Commission adopt Resolution No. 4507 approving CUP 2024-0015, authorizing the establishment of a joint- use parking at the property located at 2741 Walnut Avenue„ Tustin, for employees of the MSC, located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road) during weekday evening and weekend tournaments. Prepared by: I � Leila Carver, Senior Planner Consultant Approved by: 1. Raymond arra n, Principal Planner Ju t�a L. Willkom, Community Development Director Planning Commission October 22, 2024 CUP 2024-0015 Page 8 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Parking Study Report dated March 2024 E. Parking Lot Use Agreement between 2741 Walnut LP and Momentous Sports Center LP F. City of Irvine Planning Commission (PC) Report — CUP 00789713-PCPM G. City of Irvine PC Resolution No. 24-3957 H. PC Resolution No. 4507 Exhibit A — Conditions of Approval ATTACHMENT A Location Map 2741 Walnut Ave CUP 2024-0015 300 ft. Project Site 500 ft. 1000 ft. dr 300 ft, 500 ft, and 1000 ft Radius Map ATTACHMENT B LAND USE APPLICATION FACT SHEET 2741 WALNUT AVENUE 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2024-0015 2. LOCATION: 2741 WALNUT AVENUE - PLANNED COMMUNITY INDUSTRIAL ZONING DISTRICT (PC IND), SUBJECT TO IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS 3. LOT: PARCEL MAP 99-196 LOT 1 4. APN: 432-473-46 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: 2741 WALNUT AVENUE: NA 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL EAST: INDUSTRIAL SOUTH: INDUSTRIAL WEST: INDUSTRIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC IND EAST: PC IND SOUTH: PC IND WEST: PC IND 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCCB EAST: PCCB SOUTH: PCCB WEST: PCCB 9. SITE LAND USE EXISTING PROPOSED A. LAND USE: INDUSTRIAL NO CHANGE B. GENERAL PLAN: PCCB NO CHANGE C. ZONING: PC IND NO CHANGE ATTACHMENT C 0 ti Q/ 2 STORY 3Q OFFICE BOLDING 2741 WALNUT AVE / TUSTN,CA I I Z WW U ttu�m UO3 I j dd�O �r I € t EXISTING BUILDING �N E (NOT A PART OF SCOPE) t SITE PLAN a 's DWG SHEET INDEX PROJECT INFORMATION CODE REQUIREMENTS ^a^ '�.•�^ i ARCHITECTMAL �— z3 ,,•^ELECTRICAL,.rt S TEPAX .. 1 SITE TABULATIONS A101 g ATTACHMENT D PARKING STUDY REPORT MOMENTOUS SPORTS CENTER IRVINE, CALIFORNIA CASE FILE NUMBER 00789713-PCPM This Parking Study Report has been prepared under the supervision of Ambarish Mukherjee, P.E. MWE Fy C 880841 C(V IL rFor CA1�F� LSA March 2024 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER IRVINE, CALIFORNIA CASE FILE NUMBER 00789713-PCPM Submitted to: Momentous Sports Center, LP 14522 & 14524 Myford Road Irvine, California 92606 Prepared by: LSA 3210 El Camino Real, Suite 100 Irvine, California 92602 (949) 553-0666 Project No. MTU1901 LSA March 2024 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE,CALIFORNIA J``` TABLE OF CONTENTS LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii PROJECT DESCRIPTION................................................................................................ 1 List of Current Uses Operating within the Two Buildings............................................................. 1 MSC Current Hours of Operations ................................................................................................ 2 CurrentAttendance....................................................................................................................... 2 WeekdayActivity................................................................................................................................2 WeekendActivity...............................................................................................................................5 PARKING ANALYSIS..................................................................................................... 6 ParkingSupply on Weekends........................................................................................................ 6 ParkingSupply on Weekdays........................................................................................................ 8 Forecast Parking Demand (Estimated).......................................................................................... 8 Observed Parking Demand (September/October 2019)............................................................. 10 Parking Demand Comparison (Estimated vs. Observed) ............................................................ 11 PROPOSED PROJECT DESCRIPTION............................................................................ 12 MSC Proposed Hours of Operation............................................................................................. 12 PARKING ANALYSIS WITH THE PROPOSED OPERATIONS PLAN................................... 13 PARKING ANALYSIS WITH THE PROPOSED WEEKDAY TOURNAMENTS....................... 13 Existing Parking Supply on Weekdays......................................................................................... 16 Forecasted Parking Demand with Weekday Tournaments......................................................... 16 PARKING MANAGEMENT PLAN................................................................................. 16 ExistingStrategies ....................................................................................................................... 16 Future/Proposed Strategies........................................................................................................ 19 CONCLUSIONS .......................................................................................................... 19 APPENDICES A: PARKING DEMAND CALCULATIONS B: MOMENTOUS SPORTS CENTER AND OFF-SITE PROPERTIES SIGNED PARKING AGREEMENTS C: COUNTS UNLIMITED PARKING SURVEY AT THE MSC—SEPTEMBER 26, 2019, AND OCTOBER 19, 2019 D: COUNTS UNLIMITED OFF-SITE PARKING SURVEYS—OCTOBER 19, 2019 E: MOMENTOUS SPORTS CENTER TOURNEY OPERATIONS PLAYBOOK F: VALET ASSIST OPERATION PLAN BY LAZ PARKING P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» i PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE,CALIFORNIA J``` FIGURES AND TABLES FIGURE Figure1: Parking Capacity...................................................................................................................... 7 TABLES Table A: Momentous Sports Center Attendance—Weekday Non-Tournament Maximum .................. 3 Table B: Momentous Sports Center Attendance—Weekend Tournament Maximum..........................4 Table C: MSC Parking Capacity—Weekend............................................................................................ 8 Table D: MSC Parking Capacity—Weekday............................................................................................ 8 Table E: Forecasted Parking Demand Summary .................................................................................. 10 Table F: MSC Observed Parking Demand Summary............................................................................. 11 Table G: Momentous Sports Center Attendance—Proposed Operations Plan, Weekday Non- Tournament................................................................................................................................. 14 Table H: Momentous Sports Center Attendance—Proposed Operations Plan, Weekend Tournament................................................................................................................................. 15 Table I: Momentous Sports Center Attendance—Weekday Tournament........................................... 17 P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» ii PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` LIST OF ABBREVIATIONS AND ACRONYMS AVR average vehicle ridership City City of Irvine CUP Conditional Use Permit FD front desk MSC Momentous Sports Center sf square foot/square feet P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» I I I PARKING STUDY REPORT MOMENTOUS SPORTS CENTER LSA MARCH 2O24 IRVINE, CALIFORNIA PARKING STUDY REPORT MOMENTOUS SPORTS CENTER LSA has prepared the following parking analysis report for the existing Momentous Sports Center (MSC) at the northeast corner of Myford Road and Walnut Avenue in Irvine. An updated parking analysis report is required based on City of Irvine (City) staff comments submitted on Conditional Use Permit (CUP) Modification 00789713-PCPM (February 17, 2023) and City of Tustin staff comments CUP 2022-0007 and CUP 2022-0008 (February 9, 2023). The purpose of this analysis is to update the originally prepared Parking Study(prepared by Minagar&Associates, Inc.)' based on the current detailed schedule and attendance data provided by the MSC and existing parking survey data (collected in September and October 2019) collected at the site. In addition,this analysis confirms compliance with City of Irvine and City of Tustin (Code Section 9264 and 9291) requirements. Furthermore, LSA has updated the parking study based on proposed changes to the CUP Modification Application to request an hours-of-operation extension and the ability to host tournaments (and events of generally smaller size than weekend tournaments) on weekdays. PROJECT DESCRIPTION The MSC consists of two buildings: an 11,380-square-foot (sf) office building at 14522 Myford Road and a 141,452 sf community facility(gym) at 14524 Myford Road, with a total parking supply of 333 spaces. The gym building contains 22 courts and provides indoor space for athletic teams to use for practicing sports and/or engaging in league or club play. Sport activities held within the sports courts include basketball,volleyball, futsal, and other sports commonly played indoors on wood floors. Sport activities will take place primarily throughout the afternoon and evening on weekdays and from morning through evening on weekends. Tournaments take place on certain weekends throughout the year. For instance, volleyball tournaments take place 25 out of 52 weekends per year, primarily from January through June. Detailed information of the list of uses for each building; current hours of operation; and number of employees, participants, and visitors has been provided by the MSC. A summary of the MSC information is as follows. List of Current Uses Operating within the Two Buildings • Office Building(14522 Myford Road) o MSC administration o Accessory sports organizations ' Minagar&Associates, Inc. 2014. Trip Analysis Report for Misty May-Treanor Sports Center(MMTSC) Conditional Use Permit in Planning Area 10, 14524& 14522 Myford Road, Irvine, CA 92606. April 1. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 1 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA • Gym Building (14524 Myford Road) • Accessory cafeteria with kitchen and office for facilities, night managers, admissions, and pro shop operation. The cafeteria and pro shop are accessory uses to be used by the gym participants and visitors only. • All sports that are commonly played indoors on wood floors, including, but not limited to, basketball,volleyball,futsal, badminton, dodgeball, cheer training, rhythmic gymnastics, light sabers, and pickleball • Martial arts • Fitness/weight training MSC Current Hours of Operations The operations hours for both buildings when employees, participants, and visitors are on site are as follows: • Office Building • Weekday hours: 7:00 a.m.-9:00 p.m. • Weekend hours: 7:00 a.m.-8:00 p.m. • Gym Building • Weekday hours: 5:30 a.m.-10:00 p.m. (open to the public from 10:00 a.m.) • Weekend hours: 6:00 a.m.-9:00 p.m. (open to the public from 7:00 a.m.) Current Attendance The number of MSC attendees on site for each individual use, including employees, participants, and visitors, is summarized in Table A for typical weekdays and in Table B for busy weekends when volleyball events (tournaments)take place. Appendix A provides detailed methodology and calculations on how the parking demand was determined. A description of the typical weekday and weekend attendance is provided below. Weekday Activity As shown in Table A and summarized below, on a weekday,there is a maximum of 412 occupants in the p.m. peak hour of generator(6:30 p.m.): • Weekday P.M. Peak Hour of Generator(6:30 p.m.) o Employees: 53 ■ 35 accessory sports organizations staff in the office building ■ 18 staff in the gym building (7 MSC staff, including accessory cafeteria, facilities, front desk(FD)/night manager, parking, and admissions staff; 6 cheer training staff; 2 martial arts staff; and 3 fitness/personal training staff) P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 2 Table A:Momentous Sports Center Attendance—Weekday Non-Tournament Maximum a a a a a a a a a a a a v v v v Office Employees MSC Admin 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Accessory Sports Organizations 8 8 24 24 24 24 26 26 26 26 26 26 31 31 35 35 35 35 35 35 30 22 22 8 8 Gym Employees MSC Staffs 4 4 4 4 4 4 4 4 4 7 7 8 8 8 8 8 8 8 8 9 9 7 7 7 7 7 7 7 7 7 6 3 3 3 Cheer 6 6 6 6 6 6 6 6 6 Martial Arts 2 2 2 2 2 2 2 2 2 Fitness/Personal Training 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Gym Participants Cou rts' 154 154 154 154.308308 308 308 308 308 308 308 Cheer' 22 22 22 22 22 22 22 22 22 Martial Arts 17 17 17 17 17 17 Fitness/Personal Training 12 12 12 12 12 12 12� 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Spectators Total Employees 0 0 0 4 4 4 8 8 11 19 19 38 38 39 39 41 41 41 41 41 41 47 47 57 57 57 57 57 53 48 40 40 14 11 3 3 0 0 0 0 Total Participants 0 0 0 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 34 205 205 205 205 359 359 342 342 308 308 308 308 0 0 0 0 Total Attendance 0 0 0 16 16 16 20 20 23 31 31 50 50 51 51 53 53 53 53 53 53 59 59 91 262 262 262 262 412 407 382 382 322 319 311 311 0 0 0 0 Parking Demand 0 0 16 28 16 32 20 35 23 43 31 62 50 67 51 67 51 67 51 67 51 69 52 87 95 115 95 115 150 134 130 107 73 73 62 62 0 0 0 0 0 Source=MSC/LSA Notes: Forthe purpose of packing demand estimation,arrivals were assumed 30 minutes prior to the start time. An AVR rate of 2.5 persons pervehicle was assumed for court participants.An AVR rate of 1.0 was assumed for other uses. There are shift changesforsome ofthe noncourt uses,which causes more cars parked fora short period oftime. 1 MSC staff includes restaurant,facilities,front desk/night manager,admissions,and pro shop staff. 2 It was assumed that 11 courts are used for early start volleyball practices(4:30 PM).These early start practices end at 6:30 PM. From 6:30 PM to 10:00 PM,conservatively,all 22 courts were assumed to be used. Participants include 12 athletes and 2 coaches on 1 court on a typical weekday,154 participants(132 athletes and 22 coaches)from 4:30 PM to 6:30 PM,and 308 participants(264 athletes and 44 coaches)from 6:30 PM to 10:00 PM. Approximately 90%drop-off was assumed. 3 At least 50%of students are dropped off for class. 4 Per MSC operations plan information,weekdays are nearly void of any spectators.Players are primarily dropped off and picked up. AVR=average vehicle ridership MSC=Momentous Sports Center The highlighted cell shows the peak parking demand. The highlighted cell shows the maximum attendance on site. 3 Table B:Momentous Sports Center Attendance-Weekend Tournament Maximum a a a a a a a a a a a a a a a a s s s s s s s s s s s s s s s s s s s s s s a s a S R S R S R S R S R S Office Employees msc Admin 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Accessory sports Organizations 2 2 14 14 18 18 18 18 18 18 18 18 18 14 14 14 14 14 14 6 6 6 6 z z Gym Employees MSC Staff' 36 36 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 21 22 22 22 22 22 22 22 J J J J J J Gym Partldp- Courts' 583 583 8J5 1,166 1,166 1,166 1,166 U77. ,166 1,166 1,166 1,166 1,166 1,166 1,166 1,166 1,166 583W2. Spectators JJ5 JJ5 1,162 1,550 1,550 1,550 1,550 ,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 JJ5Employees 0 0 0 0 36 36 44 44 46 46 58 58 62 6z 6z 6z 6z 6z 6z 35 36 36 36 28 13 13 9 9 J J 0 0 0 0Participants 000 0 0 1,358 1,358 2,03J 2,J16 2,J16 2,J16 2,J16 z,J16 z,J16 z,J16 z,J16 z,J16 z,J16 z,J16 2,J16 2,J16 1,358Total Attendance D D D D 3fi 3fi 1,402 1,402 2,083 2,762 2,))4 2,))4 2,JJ8 2,))8 2,))8 2,))8 2,))8 2,))8 2,))8 2,)51 2,)52 2,)52 1,394 28 13 13 9 9 J JParking Demand D D D 3fi 3fi 4)) 4)) 695 911 923 923 92) 92) 9fi2 92) 931 92) 931 921 926 901 905 O68 13 13 9 9 ) ) ) D D D D D D Source=MSC/LSA Note: Forthe purpose of parka'ng demand ertimation,arrNals were assumed�minutes priorto the rtart time. An AVR rate of 3.0 persons pervehide was assumed for wort partidpanis.An AVR rate of 1.0 was assumetl for other uses. There are shift changes for some of the noncourt uses,which causes more cars parked for a short period of time. 1 MSC staff includes rertauarrc,facilities,night manager,admissions,and pro shop mfffor the worn-case volleyball tournament. 2 Particpants include 4 teams of 12 athletes,2 cwches,and 1 refiree on 1 wort on a weekend.It is estimated that Al 22 worts are used on a weekend.Therefore,there are appwximatefy 1,166 total participants(1,056 athletes,88 roaches,and 22 referees). The attendance numbersare the maximum numbers that mould be on site starry given hour.It was assumed that-of Al partidpards and spectamrswould arrive at the first hour from 6:.AM m 7:00 AM and that the rest would arrive over the next 2 hours.Every wort is full starting at 890 AM.Also,it was assumed that all parti ip-would leave the site between 4:00 PM and 5:00 PM. Approximately-drop-off was assumed. AVR=average vehide ridership MSC=Mementous sports Center The highlighted cell shows the peak parking demand. Highlighted cells show the maximum attendance-site. 4 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA o Participants: 359 ■ 359 participants in the gym building (308 participants on all 22 courts [including 44 coaches], 22 for cheer training, 17 for martial arts, and 12 for fitness/personal training) During typical days, generally 11 courts are used for early-start volleyball practices (4:30 p.m.). These early-start practices end at 6:30 p.m. The 154 participants include 132 athletes and 22 coaches.The maximum court utilization duration in this study represents a worst-case condition when volleyball practices take place during the day. However,the time and duration of each individual practice could be different. It should be noted that the departure of these early-start practices and the arrival of the next practice group would be staggered and do not usually take place at the same time. It is important to note that there are several volleyball clubs that use the 22 courts, and there could be different start and ending times for each club. The rare maximum condition on a weekday can occur with the maximum of 308 participants on the gym courts to practice volleyball after the evening peak hour from 6:30 p.m. to 10:00 p.m. This is shown in Table A. These participants include 12 athletes and 2 coaches per court, assuming that all 22 courts are used on a typical weekday. Of the 308 participants, 264 are athletes and 44 are coaches. The number of participants is fewer if sport activities other than volleyball take place, as they have fewer players per court. Weekend Activity As shown in Table B, on a volleyball-event-based weekend (which could potentially occur every weekend from January through June), a maximum of 2,778 occupants is expected to be on site, consisting of the following: • Weekend (Saturday with Volleyball Events) • Employees: 62 ■ 20 employees in the office building (2 MSC administration staff and 18 accessory sports organizations staff) ■ 42 employees in the gym building (42 MSC staff, including accessory cafeteria, facilities, FD/night manager, parking, and admissions staff) o Participants: 2,716 ■ 2,716 participants in the gym building (1,166 participants on all 22 courts and 1,550 spectators or visitors) As shown in Table B, the maximum number of participants on site could occur at any hour between 8:00 a.m. and 3:30 p.m. The 1,166 participants include 4 teams of 12 athletes, 2 coaches, and 1 referee per court on a volleyball event weekend day. Of the 1,166 participants, 1,056 are athletes, 88 are coaches, and 22 are referees. The total number of players is attributed more to volleyball activities and less for other days when other sports activities such as basketball, cheerleading, martial arts, and weight training take place P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 5 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA on the courts. For basketball tournaments, a maximum of 15 courts are used, with 25 participants per court. The number of visitors is provided by the MSC based on ticket sales at the front door for a volleyball tournament. It should be noted that admission is charged for spectators but not for participants, coaches, or referees. PARKING ANALYSIS The existing parking supply on the MSC site is 333 spaces, including 264 regular spaces, 23 reserved spaces, 8 handicap spaces, 36 spaces for compact vehicles, and 2 spaces for carpools. Parking Supply on Weekends MSC relies on off-site parking to accommodate the total parking demand on weekends. Over the years, the specific location and number of spaces of off-site parking has changed. Currently, during weekends, there are two off-site properties that provide additional parking capacity for the MSC. 1. Rivian-14600 Mlyford, Irvine.This parking lot has a capacity of 570 spaces. Rivian provides access to its employees 24 hours per day, 7 days per week; however, on Saturdays and Sundays, the business does not generate parking demand for its employees and the entire lot can be used by MSC. 2. Largo Concrete, Inc.-2741 Walnut Avenue,Tustin. This parking lot has a capacity of 123 spaces. Largo operates between 7:00 a.m. and 5:00 p.m., Monday through Friday. Per the property owner, on Saturdays and Sundays, fewer than 10 employees work sporadically during the day. Eight spaces are reserved and not used by MSC. Per City of Tustin requirements, no parking fee will be charged for off-site lots within Tustin. This lot will be used by MSC employees, staff, referees, and scorekeepers only(at no charge). No public parking will be provided in the Largo parking lot. Figure 1 identifies the location and parking capacity of each site. Table C summarizes the number of spaces available to MSC users in each lot. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 6 yC h. � . , Joe 1 � 410, #?' PROJECT A '.+k, yP , " , SITE i ' O r •l 'a . • e • VVV . a �i wr 1117n • • a LSA Lot#- Name Spaces Reg Hdcp MSC Parking Capacity-Weekend MSC Parking Capacity-Weekday FIGURE 1 1-MSC 333 325 8 Location Total S aces Location Total Spaces Total Spaces 2-Rivian 570 560 10 MSC 333 (before 4:00 .m.) (after 4:00 .m.) Concrete 123 120 3 Rivian 570 MSC 333 333 Total Offsite: 693 680 13 Largo Concrete* 115 Total Off-Site Parkin& 0 0 N Grand Total: 1,026 1,005 21 Total Off-Site Parking 685 Grand Total 333 333 Grand Total 1,018 "=Total spaces for MSC use only. There are reserved spaces for employees 0 250 500 of Largo on the weekend. Momentous Sports Center FEET SOURCE:Google Earth Parking Capacity I:\MTU1901\G\Parking_Capacity.ai(12/4/2023) 7 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA Table C: MSC Parking Capacity—Weekend Location Address Total Spaces MSC 14524 Myford Road,Irvine,California 333 Rivian 14600 Myford Road,Irvine,California 570 Largo Concrete 2741 Walnut Avenue,Tustin,California 115 Total Off-Site Parking 685 Grand Total 1,018 Sources:Site plan for the MSC data and Counts Unlimited for the off-site-location data. Note:A minimum of 8 of 123 spaces shall be held open and reserved for Largo Concrete tenants on the weekend.Total parking spaces represent the number of parking spaces available to MSC users. MSC=Momentous Sports Center As shown in Table C, the off-site properties provide 685 parking spaces. MSC users would have a total of 1,018 spaces available on weekends. The shared parking agreements between the MSC and the owners of the off-site parking locations are provided in Appendix B. The off-site properties grant the MSC access to the off-site parking lots generally from 7:00 a.m. to the MSC's closing on weekends (the "Parking Hours"). Parking Supply on Weekdays As shown in Table D, during weekdays, only the MSC parking lot (333 spaces) is used. Currently, there is no off-site parking available to the MSC on weekdays. However, as described later in this report, the MSC can augment the parking supply in its lot based on valet parking operations, if needed. Table D: MSC Parking Capacity—Weekday Location Address Total Spaces Total Spaces (before 4:00 p.m.) (after 4:00 p.m.) MSC 14524 Myford Road,Irvine,California 333 333 Total Off-Site Parking 0 0 Grand Total 333 333 Sources:Site plan for the MSC data and Counts Unlimited for the off-site-location data. Note:Total parking spaces represent the number of parking spaces available to MSC users. MSC=Momentous Sports Center Forecast Parking Demand (Estimated) The MSC operations plan was used to calculate the forecasted parking demand on a typical weekday and an event/tournament weekend. Based on the MSC operations plan described above, conservatively,the maximum weekday and weekend occupancy of each use in both the office and gym buildings was used for the parking demand estimation. To obtain the parking demand from the occupancy data, for a typical weekday, an average vehicle ridership (AVR) rate of 2.5 persons per vehicle was assumed for court participants and spectators.This is consistent with the AVR rate of 2.5 that was used in the approved 2014 Trip Analysis Report. For weekday and weekend tournaments, an AVR rate of 3.0 was assumed. This assumption is supported by traffic count data and attendance collected at the site on Saturday, October 19, 2019 (a tournament weekend day). P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 8 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA There were 1,037 tickets sold at the door (spectators) and 1,166 players, coaches, and referees (who do not pay). As shown in Table B, above, of the 1,166 participants, 1,056 are athletes, 88 are coaches, and 22 are referees. The total attendance that day was 2,203. A total of 638 parking spaces were sold within 5 parking lots that day. As a result, the AVR for the full attendance was 3.45. By eliminating the coaches and referees from the attendance, the AVR would be 3.28. Therefore, an AVR of 3.0 is conservative and appropriate to estimate the number of parked vehicles for players and spectators. AVR accounts for participants who may carpool,walk, bike, or use any bus or shuttle services. For the MSC staff and employees in the office building, the AVR rate was assumed to be 1.0 person per vehicle. For noncourt activities in the gym building, such as martial arts and personal training, an AVR of 1.0 was also assumed. The hourly parking demand forecasts for a typical weekday and an event-day weekend are shown on the bottom rows of Tables A and B, respectively. During typical weekdays, as mentioned earlier, generally 11 courts are used for early-start volleyball practices (4:30 p.m.).These early-start practices end at 6:30 p.m. From 6:30 p.m. to 10:00 p.m., conservatively, all 22 courts were assumed to be used. For the purpose of parking demand estimation during tournament weekends, a conservative, worst-case scenario was assumed, when all 22 courts are being used for athletes to play volleyball. Because only two teams can play on each court, it was assumed that 50 percent of all participants and spectators would arrive at the first hour(peak hour) on a weekend from 6:30 a.m. to 7:00 a.m., with the remainder arriving over the next 2 hours. Every court is full starting at 8:00 a.m. Based on the current operations plan,few parents attend the sports practices during weekdays, as players are primarily dropped off and picked up. For parking demand estimation, approximately 90 percent drop-offs was assumed during the weekday. On a tournament weekday and weekend, approximately 10 percent drop-offs was assumed in the morning. Drop-off and pick-up occur at both project driveways. Parents can either wait in the pick-up/drop-off driveway or park their vehicles in the parking lot and wait to pick up their children. For each individual use, arrivals were assumed 30 minutes prior to the start time. Based on the current operations plan, there are shift changes for some of the noncourt uses,which causes more cars being parked for a short period of time. This is reflected in the Table A and B calculations. Therefore, the fluctuation of parked cars during weekends is mostly because of MSC staff shift changes and the assumption of the 30-minute prior arrival of the new shifts. Considering all the above-mentioned assumptions, the peak parking demand occurs at 6:00 p.m. on weekdays and 11:30 a.m. on weekends. Table E provides a summary of the total forecasted peak parking demand of the MSC during weekdays and weekends (Saturdays). P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 9 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA Table E: Forecasted Parking Demand Summary Description Number of Parking Spaces Weekday Weekend MSC Forecasted Peak Parking Demand 150 952 (Time) (6:00 PM) (11:30 AM) Total On-Site Parking Supply 333 333 Total Off-Site Parking Supply 0 685 Total Parking Supply 333 1,018 Forecasted Peak Parking Surplus 183 66 Sources:Counts Unlimited for existing parking demand,and LSA for forecasted parking demand MSC=Momentous Sports Center N/A=not applicable During volleyball tournament weekends, the MSC could have a peak parking demand of 952 spaces with a surplus of 66 spaces. For the purpose of parking demand forecast, several conservative assumptions were made. It was conservatively assumed that all 22 courts are used during volleyball tournaments and that all participants stay on site for a long period during the day.Avery low drop- off percentage (10 percent) was assumed for volleyball tournaments. It was also assumed that all 1,550 spectators would stay on site during the tournament, whereas some visitors may leave the MSC site at different times and go back later at different hours. Therefore, the forecasted parking demand for the MSC site based on the operations plan presented in Table E (952) is conservative. Observed Parking Demand (September/October 2019) To determine the existing parking demand of the MSC based on observed data, an independent count company, Counts Unlimited, conducted 24-hour parking demand surveys on Thursday, September 26 (a typical weekday with basketball and volleyball practices), and Saturday, October 19 (during a volleyball tournament), 2019. Based on the MSC schedule, on September 26, no court was used during the a.m. peak hour, and 12 courts were used during the p.m. peak hour(4 for volleyball, 4 for basketball, and 4 for cheer training). On October 19, all 22 courts were used for a volleyball tournament from 7:00 a.m. to 5:00 p.m. The 24-hour parking surveys at the MSC site are provided in Appendix C. On Saturday, October 19, Counts Unlimited conducted parking surveys at all four off- site locations (used in 2019)from 7:00 a.m. to 8:00 p.m., as provided in Appendix D. (It should be noted that three of the four off-site locations surveyed in 2019 are no longer being used by the MSC in 2024). While these data were collected in 2019, the utilization of the building and occupancy of the courts on a typical weekday and a tournament weekend day are the same as current(2024) conditions. In addition, it is acknowledged that some of the off-site parking locations identified in 2019 are no longer being used in 2024. However,these data still identify the overall parking demand of MSC regardless of the parking location. Table F provides a summary of the peak parking demand of the MSC based on the observations collected in 2019. Based on the parking surveys, the peak parking demand on a typical weekday was 244 spaces (7:30 p.m.), which represents 30 percent of the total parking supply of 805 spaces, leaving a peak parking buffer of 70 percent. This is based on the weekday parking supply provided in P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 10 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA Table F: MSC Observed Parking Demand Summary Description I Thursday,September 26,2019 1 Saturday,October 19,2019 Based on Existing 2019 Conditions MSC Site Parking Supply 333 333 Off-Site Locations Parking Supply 472 655 Total Parking Supply(2019) 805 988 Peak Parking Demand 244 723 (Time) (7:30 PM) (10:00 AM) Parking Surplus(2019) 561 265 Parking Utilization(2019) 30 percent 73 percent Based on Proposed 2024 Conditions MSC Site Parking Supply 333 333 Off-Site Locations Parking Supply 0 685 Total Parking Supply(2024) 333 1,018 Peak Parking Demand 244 723 (Time) (7:30 PM) (10:00 AM) Parking Surplus(2024) 89 295 Parking Utilization(2024) 73 percent 71 percent Sources:Counts Unlimited and LSA(2019). MSC=Momentous Sports Center N/A=not applicable 2019. The peak parking demand on Saturday was 723 spaces on Saturday(10:00 a.m.), which represents 73 percent of the total parking supply at the time the surveys were conducted in 2019 (988 total supply, including the MSC and off-site locations), leaving a parking buffer of approximately 27 percent. Of the 723-space parking demand, 296 spaces were at the MSC site (89 percent MSC utilization) and 427 spaces were at the off-site locations (65 percent off-site utilization). This is based on the weekend parking supply provided in 2019. Table F also provides a summary of the peak parking demand of the MSC based on the proposed project conditions (2024). Based on the parking surveys, the peak parking demand on a typical weekday was 244 spaces (7:30 p.m.),which represents 73 percent of the total parking supply of 333 spaces, leaving a peak parking buffer of 27 percent. This is based on the weekday parking supply provided in 2024.The peak parking demand on Saturday was 723 spaces on Saturday(10:00 a.m.), which represents 71 percent of the total parking supply proposed in 2024 (1,018 total supply, including the MSC and off-site locations), leaving a parking buffer of approximately 29 percent. Parking Demand Comparison (Estimated vs. Observed) This analysis used the current operations and attendance estimates as the basis for determining the parking demand associated with all of the MSC activities on weekdays and weekends. For typical weekdays,the estimated peak parking demand was 150 spaces, resulting in a parking surplus of 183 spaces. For tournament weekends, the estimated peak parking demand was 952 spaces, with a surplus of 66 spaces. The parking demand was also identified based on observations (surveys)for a weekday and a weekend in 2019. Based on the existing 24-hour parking surveys conducted on a weekday and on a tournament weekend,the observed peak parking demand was 244 spaces on a typical weekday and P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 11 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA 723 spaces on a volleyball tournament weekend. In comparison to the estimated parking demand, the observed parking utilization was slightly higher on the weekday, but considerably lower on the weekend. The results provide a reasonable indication of the estimated parking demand for both typical weekdays and weekends. Furthermore, either method to identify the MSC peak parking demand at full occupancy shows that parking will be accommodated within the proposed (2024) parking supply of 333 spaces on a weekday and 1,018 spaces during the weekend. Therefore, no additional parking capacity would be needed to accommodate the overall parking demand. PROPOSED PROJECT DESCRIPTION The MSC intends to update the CUP Modification Application to request the following changes to its operation: 1. Expansion of hours of operation to 6:00 a.m.-12:00 a.m. on weekdays and 6:00 a.m.-12:00 a.m. on weekends. (The MSC will not host any weekday or weekend practices after 10:00 p.m. Select MSC staff may need to stay on site until 12:00 a.m. to clean the courts.) 2. The ability to host basketball/volleyball tournaments (and events of generally smaller size than weekend tournaments) on weekdays (currently estimated at up to 17 weekdays per year). Generally, there will be no more than one tournament per each given weekend and contiguous weekdays thereto. The proposed weekday tournaments could occur in any month throughout the year. 3. The ability to allow any sport or sport-related activity that is commonly conducted in an indoor gymnasium, including, but not limited to: badminton, pickleball, dodgeball, cheerleading, dance, cardio training (e.g., step, aerobics, and yoga),gymnastics (including rhythmic gymnastics), martial arts, fitness/weight training, table tennis, and wrestling. It should be noted that these activities would not operate on the same court at the same time as volleyball. These activities would be allowed activities within the MSC and would replace other activities operating on the courts. In addition, the number of participants for these sports or sport-related activities would be fewer per court than for volleyball. The Parking Study Report analyzed a conservative worst- case scenario where all 22 courts are being used for volleyball (i.e., volleyball represents the highest number of participants per court). The MSC will accept a condition that no additional sport or sport-related activity added since the original CUP issuance in 2014 will exceed 14 persons per court on any day(weekday or weekend). MSC Proposed Hours of Operation The list of uses in both the office and gym buildings and the number of employees, participants, and visitors would remain the same as what was used in the aforementioned parking analysis. The hours of operation for uses in the office building would remain the same as they are currently. The change for some uses in the gym building as are follows: P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 12 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA • Gym Building • MSC staff hours would extend to 12:00 a.m. on both weekdays and weekends. • Fitness/personal training participant hours would extend to 6:00 a.m.-12:00 a.m., but up to five participants would use the facility prior to 9:00 a.m. • Court operation hours would extend for participants and spectators to 12:00 a.m. on both weekdays and weekends. PARKING ANALYSIS WITH THE PROPOSED OPERATIONS PLAN The MSC proposed operations plan was evaluated to determine parking demand during the morning and afternoon peak hours of a typical weekday and an event/tournament weekend. The hourly parking demand forecasts for a typical weekday and an event-day weekend are shown in the bottom rows of Tables G and H, respectively.These tables show that the peak parking demand during weekdays and the weekend are exactly the same as those forecasted based on the current operations plan. Therefore, LSA concludes that the proposed extension of the MSC hours of operation would not affect the peak parking demand. Appendix A provides detailed methodology and calculations on how the parking demand was determined. PARKING ANALYSIS WITH THE PROPOSED WEEKDAY TOURNAMENTS MSC proposes to host tournaments currently estimated at up to 17 weekdays per year.There would be some changes to the number of MSC staff, court participants, and spectators in the office and gym buildings, as follows: • Office Building U There would be no staff or other uses/operations within the office building on weekday tournaments • Gym Building • MSC staff would increase by up to five for accessory cafeteria staff and by up to eight for parking/admissions staff. • Staff and participants/spectators for cheer training, martial arts, and fitness/personal training would change to zero during a weekday tournament. • The court participants for a weekday tournament would be the same as for weekend basketball tournaments (i.e., usage of just 15 out of 22 courts). Per the MSC proposed operations plan, since tournament operators prefer to avoid peak traffic hours for start and end times, weekday tournaments would typically start early midday, at 2:00 p.m. and would end in the evening after the p.m. peak hour, between 8:00 p.m. and 9:00 p.m. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 13 Table G:Momentous Sports Center Attendance—Proposed Operations Plan,Weekday Non-Tournament a a a a a a a a a a a a 8 8 8 8 8 89 in 9 in8 8 8 8 8 8 8 8 8 v v v v Office Employees MSC Admin 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Accessory Sports Organizations 8 8 24 24 24 24 26 26 26 26 26 26 31 31 35 35 35 35 35 35 30 22 22 8 8 Gym Employees MSC Staff' J55 4 4 4 4 7 7 8 8 8 8 8 8 8 8 9 9 7 7 7 7 7 7 7 7 7 6 3 3 3 3 3 3 3 Cheer 6 6 6 6 6 6 6 6 6 Martial Arts 2 2 2 2 2 2 2 2 2 Fitness/Personal Training 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Gym Participants Courts 154 154 154 154 308 308 308 308 308 308 308 154 154 77 77 77 Cheer' 22 22 22 22 22 22 22 22 22 Martial Arts 17 17 17 17 17 17 Fitness/Personal Training 5 5 12 12 12 12 12 J1212 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 SpectatorsTotalEmployees 0 0 0 8 8 19 19 38 38 39 41 41 41 41 41 47 47 57 57 57 57 57 53 48 40 40 17 14 6 6 6 6 6 6 Thal Participants o 0 0 5 5 12 12 12 12 12 12 12 12 12 12 12 12 34 205 205 205 205 359 359 342 342 320 320 320 166 166 89 89 89 Total Attendance D 0 0 13 13 31 31 50 50 51 53 53 53 53 53 59 59 91 262 262 262 262 412 407 382 382 337 334 326 172 172 95 95 95 Parking Demand 0 0 4 13 36 31 62 50 67 51 67 51 67 51 69 52 87 95 135 95 135 150 134 110 122 88 100 77 89 47 59 32 32 0 Source=MSC/LSA Forthe purpose of parking demand estimation,arrivals were assumed 30 minutes priorto the starttime. An AVR rate of 2.5 persons pervehicle was assumed forcourt participants.An AVR rate of 1.0 was assumed for other uses. There are shift changes for some ofthe noncourt uses,which causes more cars parked for a short period oftime. 1 MSC staff includes restaurant,facilities,front desk/night manager,admissions,and pro shop staff. 2 It was assumed that 11 courts are used for early start volleyball practices(4:30 PM).These early start practices end at 6:30 PM. From 6:30 PM to 10:00 PM,conservatively,all 22 courts were assumed to be used. Participants include 12 athletes and 2 coaches on 1 court on a typical weekday,154 participants(132 athletes and 22 coaches)from 4:30 PM to 6:30 PM,and 308 participants(264 athletes and 44 coaches)from 6:30 PM to 10:00 PM. The maximum number of participants was assumed to drop by 50%from 10:00 PM to 11:00 PM and by 50%again from 11:00 PM to 12:00 AM. Approximately 90%drop-off was assumed. 3 Approximately 50%of students are dropped off for class. 4 Per MSC operations plan information,weekdays are nearlyvoid of anyspectators.Players are primarily dropped off and picked up. AVR=average vehicle ridership MSC=Momentous Sports Center The highlighted cell shows the peak parking demand. The highlighted cell shows the maximum attendance on site. 14 Table H:Momentous Sports Center Attendance-Proposed Operations Plan,Weekend Tournament a a a a a a a a a a a a a a a a s s s s s s s s s s s s s s s s s s s s s s s s a S R S R S R S R S R S Office Employees MSC Admin 2 2 2 2 2 2 2 2 2 2 2 2 J2,7A 2 Accessory Sports Organizations 2 2 14 14 18 18 18 18 18 18 18 14 14 14 14 14 14 6 6 6 6 2 z Gym Employees MSC Staff' 36 36 42 42 42 42 42 42 42 42 42 42 42 42 42 21 22 22 22 22 22 22 22 J J J J J J J J J J J J Gym Pan d� Courts' 183 583 8J5 1166 1166 1166 1166 1166 1166 1166 1,166 1166 6 1166 1166 1166 1166 1166 1,166 1,166 1,166 816 816 816 816 408 408 408 408 2M 2M 2M 2M 2M Spectators 775 775 1,162 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 0 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,550 1,085 1,085 1,085 1,085 542 542 542 542 271 271 271 271 271 Total Employees 0 0 0 0 36 36 44 44 46 46 58 58 6z 6z 6z 62 6z 62 62 35 36 36 36 36 36 28 28 13 13 9 9 J J J J J J J J Total Participants 0 0 0 0 0 0 1,358 1,358 2,03J 2,J16 2,J16 z,J16 z,J16 z,J16 z,J16 z,J16 z,J16 z,J16 6 z,J16 z,716 2,J16 2,J16 2,J6 2,J16 2,J16 2,J16 1,9M 1,9M 1,9M 1,9M 9. 950 950 950 4J5 4J5 4J54J5 J475Attendance 0 a a a 3fi 3fi 1,4a2 1,4a2 2,13 2,162 2,)l4 2,114 2,1)8 2,1)8 2,1)8 2,1)8 2,1)8 2,1)8 8 2,118 2,)51 2,)52 2,)52 2)52482Parking Demand 0 a a 3fi 3fi 4)I 4)I fi95 911 92i 92i 92) 92) 931 92) 952 92) 931 921 92fi 9a1 9a5 9a1 985 893 89J fi18 fi18 fi14 fi14 309 309 309 309 15B 15B 158 158 Source=MSC/LSA Note: Forthe purpose of parking demand ertimation,arrivals were assumed 30 minutes priorto the rtart time. An AVR rate of 3.0 persons pervehide was assumed for wort particpants.An AVR rate of 1.0 was assumed for other uses. There are shift changes for some of the noncourt uses,which causes more cars parked for a short period of time. 1 MSC staff includes rertauarrc,facllitles,night manager,admissions,and pro shop rtafffor the worrt.ase volleyball tournament. 2 PartiNpants include 4 teams of 12 athletes,2 coaches,and 1 refiree on 1 wort on a weekend.It is estimated that all 22 worts are used on a weekend.Therefore,there are appmxi.-11,166 total participants(1,056 athletes,88 roaches,and 22 referees). The attendance numbers are the maximum numbers that mould be on the site at any given hour.However,this does not mean they would Al arrive at the same time.It was assumed that 50%of Al participants and spectaors would arrive at the first hour hum 6:30 AM to 7:00 AM and that the rest would arrive over the next 2 hours.Every court is full starting at 8:00 AM and ending at 5:30 PM. After 5:wp.m.,the number of participants and spectators was assumed to drop by 30%from6:00 PM to 890 PM,then by 50%again from 8 0PM to 10:00 PM,and then by 50%again fmm 10:M PM to 12:M AM. Appmxi"'y 10%dmpaff for wort participants was assumed. --average vehicle ridership MSC=Momentous Sports Cerrter The highlighted cell shows the peak parking demand. Highlighted cells show the maximum attendance on sire. 15 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA Existing Parking Supply on Weekdays During weekday tournaments, only the MSC lot (333 spaces) is utilized. However, as described further in this report, valet parking operations can augment the parking supply during weekday tournaments. Forecasted Parking Demand with Weekday Tournaments For the purpose of parking demand estimation for a tournament weekday, similarly to the volleyball weekend tournament, an AVR rate of 3.0 was assumed for court participants and spectators. Based on experience and the MSC's operations since 2014, it was assumed that only 30 percent of all court participants and spectators will arrive at the first 2 hours between 2:00 p.m. and 4:00 p.m., and 60 percent will arrive by 6:00 p.m. By 6:00 p.m., 90 percent of all participants and spectators will have arrived. The remainder (10 percent)will arrive thereafter. There would be some overlap between arrivals and departures; 25 percent of participants/spectators would start to leave the site between 4:00 p.m. and 5:00 p.m., 50 percent would leave between 5:00 p.m. and 6:00 p.m., and 25 percent would leave between 8:00 p.m. and 9:00 p.m. Similar to weekend tournaments, approximately 10 percent drop-offs for court participants was assumed. Considering the abovementioned assumptions, the hourly parking demand forecast for a tournament weekday was calculated as shown in the bottom rows of Table I. As shown in Table I, the MSC would have a peak parking demand of 329 spaces at 4:30 p.m. The MSC lot has 333 parking spaces, which represents a residual parking supply of 4 spaces. Therefore, the peak parking demand of a weekday tournament can be accommodated based on the parking supply provided on site. In addition, as described below, valet parking can be provided as a parking management strategy to augment the on-site parking supply to 412 spaces (+79 spaces)for a weekday tournament, only if necessary. PARKING MANAGEMENT PLAN Existing Strategies This section outlines the existing strategies currently being implemented by the MSC to ensure that the parking demand, traffic flow, and pedestrian safety are accommodated during the typical operation of weekend events (tournaments). Many of these strategies would also be applied to proposed weekday events.These strategies are currently proven effective and will ensure that parking will be accommodated within the overall supply in the future. On volleyball tournament weekends, the MSC has currently implemented several parking management strategies, including, but not limited to, wayfinding/signage, security/crossing guards, and shared off-site parking agreements. Appendix E provides the MSC Tourney Operations Playbook, which outlines the protocol for MSC employees to follow during these events (for both a.m. tournaments and p.m. tournaments). P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 16 Table I:Momentous Sports Center Attendance—Weekday Tournament a a 8 8 2 8 8 8 8 8 8 8 8 8 8 Office Employees MSC Admin Nat Used During Weekday Taumaments AcrossOry Sports Organizations Gym Employees MSC Staff' 4 4 4 4 4 4 4 4 410 10 15 15 15 15 15 15 15 15 20 20 1] 1] 1] 1] 1] 17 17 17 17 12 ] ] ] ] ] ] ] Gym Participants Courts' 105 105 158 158 315 262 411 W 313 262 262 131 131 52 52 SpeRatarss 140 140 210 210 419 349 558 453 523 349 349 1]5 175 70 70 Total Employees 0 0 0 4 4 4 4 4 4 4 4 10 15 15 15 15 15 15 15 15 20 20 17 17 17 17 1] 1] 1] 1] 17 12 ] ] ] ] ] ] ] Total Participants 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 245 245 368 368 ]34 611 9]] 793 916 611 611 306 306 122 122 0 in 0 0 0 0 Total Attendance 0 0 0 4 4 4 4 4 4 4 4 10 15 15 15 15 15 15 260 260 388 388 ]51 628 9% 910 933 628 628 323 323 134 329 ] ] ] ] ] ] Parking Demand 0 0 4 4 4 4 4 4 4 4 4 15 15 15 15 15 15 93 93 13] 13] 261 232 329 2]1 330 232 232 114 114 51 51 ] ] ] ] ] ] 0 Source=MSC/LSA Notes: Far the purpose of trip estimation,arrivals were assumed 30 minutes pnar to the start time. An AV ate of 3.0 persons per vehide was assumed far court partidp rats.An AV ate of 1.0 was assumed far other uses. There are shift changes far same of the-ricaurt uses,which causes mare cars parked far a short penad of time. 1 MSC staff includes rest—rit,fadlities,front desk/night manager,parking admissions,and pm shop staff.MSC staff has increased by up to 5 far rest—rit staff and by up to 8 far parking/admissian staff. 2 It is estimated that 15 courts are used ana weekday taumament,which includes 450 athletes(45 teams and 10 athletes/team),45 caah s,and 30 referees(525 in total). The attendano=numbers are the maximum numbers that would not arrive all at the same time.It was assumed that 20%of participants and spectators would arrive at the first hour from 2:00 PM to 3:00 PM, then 10%would arrive at the second hour between 300 PM and 4:00 PM,then W%mare would arrive between 400 PM and 6:00 PM(30%arrival by haur), and the remaining 10%would arrive thereafter between 6:00 PM and]:00 PM. There is same overlap between participant/spectator amW and departure. It was assumed that 25%af partidpants and specators would leave the site between 4:00 PM and 5:00 PM,50%would leave between 5:00 PM and 6:00 PM,and 25%would leave between 800 PM and 900 PM. Simzt,,to weekend taumaments,appriximately 10%dmp-off far court partidp rats was assumed. 3 Perthe MSC pmpased air—tims plan,the number of spectators far weekday taumaments was assumed to be 45%af the number far weekend taumaments. The highlighted cell shaves the peak parking demand. Highlighted cells show the maximum attends an site. 17 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA As shown in Appendix E, on tournament weekends, parking guards at the MSC site sell parking tickets and monitor inbound vehicles within the site, while one parking guard forms two lanes of cars alongside the building to bring traffic off the streets. Traffic directors are positioned at the Myford Road/Walnut Avenue intersection and east of the intersection along Walnut Avenue to continuously monitor traffic and direct traffic flow to open parking lots. Once the MSC lot is full, or if the traffic queue to enter the MSC backs up, the parking guards direct cars to the off-site locations. From 6:30 a.m. to 9:30 a.m. (for a.m. tournaments) and from 1:30 p.m. to 4:30 p.m. (for p.m. tournaments), parking guards are positioned at the intersection, wearing a vest and using a baton and whistle to direct pedestrians to the Myford Road/Walnut Avenue crosswalk.Also additional signage will be implemented, as illustrated in the photo below, to encourage pedestrians to use the crosswalk at Myford Road/Walnut Avenue. kk PITtli,z d k i.. w r.. In addition, from 9:30 a.m. to 3:30 p.m. (for a.m. tournaments) and from 4:30 p.m. to 8:00 p.m. (for p.m. tournaments), parking guards are positioned at the MSC site to direct all pedestrians as they leave to use the crosswalk/light on Myford Road/Walnut Avenue. One greeter outside the MSC entrance greets customers and directs pedestrian traffic. Four parking guards/ticket takers are stationed at the Rivian off-site parking lot, selling tickets and monitoring traffic. They also direct pedestrians to use the sidewalk along Myford to get to/from MSC.A parking guard is located at the Largo site to confirm the users are MSC staff, scorekeepers, referees, VIPs, contractors, and/or security guards only, as this lot will not be used by regular attendees and no parking fee will be collected. Parking guards and signage are placed at the Irvine Company driveways (14410, 14250, 14430, and 14350 Myford)to the north of the MSC to prevent MSC visitors from parking in those lots. Figure 2 (attached in Appendix E) illustrates where the parking guards are at different times. As shown on the figure, additional signage is also posted at the access point of neighboring properties on Walnut Avenue, Myford Road, Michelle Drive, and Dow Avenue to prevent MSC costumers from parking in unauthorized lots.The photo below was taken on the day of the tournament on October 19, 2019. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 18 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA f i IBM' 44 TRAFFIC 8 PARKING PEG,RY C.W:C AND TUSTIN CITY G'DUE. VIOLATING VEHICLPS MAN RE. CITED AND'DR TOWED AWAY Al V&IICC,E OWNER'S EXPFNSr "'"TUC ty7 Implementing the tournament playbook and parking management strategies reduces confusion and improves the efficiency of vehicle and pedestrian circulation in the immediate area. Future/Proposed Strategies To more efficiently use the existing parking lot during special events that could exceed the on-site parking supply,the MSC can hire a valet parking company to stack vehicles on the MSC site. Appendix F describes the valet assist operation plan by LAZ Parking. As explained in the Valet Parking &Stacking Program in Appendix F, MSC guests would drop off their vehicles at the valet greeting zone and be issued a valet claim check.The valet attendant would park the vehicles on the north and east sides of the parking lot. Guests would present the valet claim check to the valet attendant at the valet greeting zone and pick up their vehicles. The on-site circulation of the valet vehicles is illustrated in Appendix F. With valet operations,the MSC will be able to provide approximately 79 additional parking spaces on site, making the total on-site parking supply 412 spaces. The valet operation plan addresses the positions needed to perform a valet program, the valet-guest arrival and departure experience, implementation of technology, and the valet assist procedure. CONCLUSIONS The original parking study, prepared by Minagar &Associates, Inc., in April 2014, was based on estimates of MSC operations and parking surveys at similar facilities. This analysis used the current operations as the basis for determining the parking demand associated with the MSC activities on weekdays and weekends. To validate the forecasted parking demand per current MSC operations, 24-hour parking surveys at the MSC site as well as hourly parking surveys at off-site parking locations were performed both on a weekday and on a tournament weekend. The results provide a reasonable indication of the typical weekday and weekend parking demand on site. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 19 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2O24 IRVINE, CALIFORNIA SA According to the existing parking survey, the peak parking demand was 244 spaces on a typical weekday and 723 spaces on a tournament weekend. The forecasted peak parking demand of 952 spaces at full occupancy of the MSC would be accommodated within the 1,018 spaces available to the MSC during the weekend tournaments, with a surplus of 66 spaces. This report also evaluated the adequacy of the parking supply when the MSC hosts weekday tournaments. The analysis results showed that the forecasted peak parking demand of 329 spaces during a tournament weekday would be accommodated within the on-site parking supply at the MSC. MSC has strategies in place to manage the parking demand for typical operations and events on site. Implementation of the parking management plan strategies are currently proven effective and will ensure that parking will be accommodated within the overall supply in the future. It should be noted that the MSC is not aware of any accidents, injuries, or moving violations of its employees or participants that have occurred during its operation over the past 10 years. P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» 20 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX A PARKING DEMAND CALCULATIONS P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» TABLE A AND TABLE G —WEEKDAY PEAK PARKING DEMAND CALCULATION Assumptions The parking demand is based on the attendance listed one half hour ahead. For example, the parking demand for 6:00 p.m. (150 cars) is based on the number of people on site at 6:30 p.m. (412 people). The thought is that people arrive to attend a class/practice at 6:30, but will arrive a few minutes before, so the cars parked are technically before 6:30. And, for this time period (6:00- 6:30), there is a "shift change", in that 11 courts are done at 6:30, and 22 courts are filled back up at 6:30. The 150 cars includes this overlap of vehicles on site at one time as a conservative estimate. The other basic fundamental issues that we assumed include; 90%of participants are dropped off. This is from actual observations from MSC on weekday practices today (i.e., only 10% parents stick around and watch the practices). We also used a conservative estimate of 2.5 people per car (AVR) for participants, and 1.0 AVR for coaches and employees. The other factor is the arrivals and departures of each individual use by time of day. For this,we have separated our assumptions by use (see Tables A and G in the Study). Based on all of this information, the specific calculations of how we came up with 150 cars are provided below. Detailed Peak Parking Demand Calculation As Table A and Table G show, the peak parking demand for a typical weekday is 150, which happens at 6:00 PM. Below is the parking demand breakdown for each use at the two buildings: 43 Parking demand for all employees (25 for office building employees & 18 for gym building employees): Office building employees parking demand: - MSC Admin 0(all 4 employees start to leave at 6:00 pm) -Accessory Sports Organizations 25 for 25 employees Total Office 25 Gym building employees parking demand: - MSC Staff 7 for 7 employees -Cheer 6 for 6 employees - Martial Arts 2 for 2 employees - Fitness/Personal Training 3 for 3 employees Total Gym 18 107 Parking demand for all participants(107 for gym building participants) 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 1 Gym building participants parking demand: -Court(4:30-6:30, 11 courts) 29 parking demand for 154 participants 29 =7 participants + 22 coaches Note: 154 participants include 132 athletes+ 22 coaches Parking demand for 132 participants= 132/2.5 AVR= 52 cars + 22 parking demand for 22 coaches 90%drops off results in 7 cars to park on site * All these 29 cars parked on site until 6:30, when they start to leave the site. -Court(After 6:30, 22 courts) 59 parking demand for 308 participants 59 = 15 participants+44 coaches Note: 308 participants include 264 athletes+44 coaches Parking demand for 264 participants= 264/2.5 AVR= 106 cars +44 parking demand for 44 coaches 90%drops off results in 15 cars to park on site *These 59 cars arrive prior to 6:30 p.m. -Cheer 4 for 22 participants (2.5 AVR and 50%drop-off) - Martial Arts 3 for 17 participants (2.5 AVR and 50%drop-off) - Fitness/Personal Training 12 for 12 participants Total Gym 107 150 total parking demand at 6:00pm =43 for employees+ 107 for participants 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 2 TABLE B AND TABLE H —WEEKEND PEAK PARKING DEMAND CALCULATION Assumptions The parking demand is based on the attendance listed one half hour ahead. The peak parking demand for 11:30 a.m. (952 cars) is based on the number of people on site at 12:00 p.m. (2,778 people). The other basic fundamental issues that we assumed include; 10%of court participants are dropped off. This is from actual observations from MSC on weekend tournament (i.e., 90% parents stick around and watch the tournament). We also used 3.0 people per car (AVR)for court participants. This assumption is supported by traffic count data and attendance collected at the site on a tournament weekend day. AVR of 1.0 was used for other activities, and for employees. The other factor is the arrivals and departures of each individual use by time of day. For this, we have separated our assumptions by use (see Tables B and H in the Study). Based on all of this information, the specific calculations of how we came up with 952 cars are provided below. Detailed Peak Parking Demand Calculation As Table B and Table H show,the peak parking demand for a tournament weekend is 952, which happens at 11:30 AM. Below is the parking demand breakdown for each use at the two buildings: 87 Parking demand for all employees (24 for office building employees & 63 for gym building employees): Office building employees parking demand: - MSC Admin 2 for 2 employees -Accessory Sports Organizations 22 for 22 employees Total Office 24 Gym building employees parking demand: - MSC Staff 63 for 42+21 employees Note: 42 employees are on site by 12:00 p.m. (36 arrived 5:30 a.m., 6 more arrived 6:30 a.m. At 11:30-12:00, 21 more arrive for the new shift, and 21 will leave but in the next half hour. So, for this time period (11:30 a.m.-12:00 p.m.),there is a "shift-change", in that 21 employees are done at 11:30, and 21 employees will starting being on the site for their shift starting at 12:00 p.m.). 63 cars include this overlap of vehicles on site at one time as a conservative assumption. Total Gym 63 865 Parking demand for all participants(865 for gym building participants) 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 3 Gym building participants parking demand: -Court(After 6:30, 22 courts) 349 parking demand for 1,166 participants Note: 1,166 participants include 1,056 athletes+88 coaches+ 22 referees Parking demand for 1,166 participants= 1,166/3.0 AVR= 388 cars 10%drops off(39 cars not to park) results in 349 cars to park on site -Spectators 516 for 1,550 spectators Note: Parking demand for 1,550 spectators = 1,550/3.0 AVR= 516 cars *All 1,550 spectators are on site at 11:30 a.m. Total Gym 865 952 total parking demand at 11:30am =87 for employees+865 for participants 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 4 TABLE I —WEEKDAY TOURNAMENT PEAK PARKING DEMAND CALCULATION Assumptions The parking demand is based on the attendance listed one half hour ahead. The peak parking demand for 4:30 p.m. (329 cars) is based on the number of people on site at 5:00 p.m. (994 people). The other basic fundamental issues that we assumed include; 10%of court participants are dropped off. This is from actual observations from MSC on weekend tournament (i.e., 90% parents stick around and watch the tournament). We also used 3.0 people per car (AVR)for court participants. This assumption is supported by traffic count data and attendance collected at the site on a tournament weekend day. AVR of 1.0 was used for other activities, and for employees. The other factor is the arrivals and departures of each individual use by time of day. For this,we have separated our assumptions by use (see Table I in the Study). Based on all of this information, the specific calculations of how we came up with 329 cars are provided below. Detailed Peak Parking Demand Calculation As Table I shows, the peak parking demand for a tournament weekday is 329, which happens at 4:30 PM. Below is the parking demand breakdown for each use at the two buildings: 17 Parking demand for all employees (0 for office building employees & 17 for gym building employees): Office building employees parking demand: - MSC Admin 0 for 0 employees -Accessory Sports Organizations 0 for 0 employees Total Office 0 Gym building employees parking demand: - MSC Staff 17 for 17 employees Total Gym 17 312 Parking demand for all participants(312 for gym building participants) Gym building participants parking demand: -Court(total 525 participants) 126 parking demand for 473 participants Note: 525 total participants include 450 athletes+45 coaches+ 30 referees 473 or 90%of participants arrive by 5:00 p.m. (20% by 2pm, 10% by 3pm, 30% by 4pm, and 30% by 5pm). 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 5 53 or 10%of 525 participants leave the site before 4:30 p.m. (at 4:00 p.m.) *420=473-53 participants are on site at 4:30 p.m. Parking demand for 420 participants=420/3.0 AVR= 140 cars 10%drops off results in (14 cars not to park) results in 126 cars to park on site -Spectators(total 698) 186 for 98 spectators Note: 628 or 90%of spectators arrive by 5:00 p.m. 70 or 10%of all 698 spectators leave the site before 4:30 p.m. (at 4:00 p.m.) *558=628-70 spectators are on site at the 4:30p.m. Parking demand for 558 spectators = 558/3.0 AVR= 186 cars Total Gym 312=126+186 329 total parking demand at 4:30pm = 17 for employees+312 for participants 3/8/24(P:\MTU1901\2023\March 2024 Submittal\In Response to City's Comment 8.docx) 6 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX B MOMENTOUS SPORTS CENTER AND OFF-SITE PROPERTIES SIGNED PARKING AGREEMENTS P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» DocuSign Envelope ID:85D9FF90-772C-44C2-8664-746F3895994B SECOND AMENDMENT TO LICENSE AGREEMENT FOR PARKING SPACE THIS SECOND AMENDMENT TO LICENSE AGREEMENT FOR PARKING SPACE ("Second Amendment") is made and entered into as of November 29, 2023 by and between Momentous Sports Center, LP a California limited partnership ("Licensee") and Rivian Automotive, LLC, a Delaware limited liability company ("Licensor"). RECITALS WHEREAS,Licensor and Licensee entered into that certain License Agreement for Parking Space dated September 20, 2022 and commencing on September 23, 2022, as amended by that certain First Amendment dated May 17, 2023 (together, the"License Agreement")for the temporary use of parking space at 14600 Myford, Irvine, California("License Area"); and WHEREAS, the parties hereto desire to further amend the License Agreement to increase the number of parking spaces included in the License Area and to make changes to such other terms as are detailed below. AGREEMENT NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, and in consideration of the hereinafter mutual promises, the parties hereto do agree as follows: 1. LICENSE AND LICENSE TERM. Exhibit A to the License Agreement is hereby fully replaced with Exhibit A attached hereto, depicting the change to the License Area (as that term is defined in the License Agreement). 2. NO OTHER MODIFICATIONS. Except as herein modified and amended, the License Agreement shall remain in full force and effect. In the case of conflict between the original License Agreement and this Second Amendment, the Second Amendment shall control. The Recitals set forth above are incorporated herein as though set forth in full. Capitalized terms not defined herein have the meanings given to such terms in the License Agreement. The invalidity of any provision of this Second Amendment, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof or of the License Agreement. 3. AUTHORITY. Licensor and Licensee each represents and warrants to the other that it is authorized to do business in the State of California, that it has full right and authority to enter into this Second Amendment, and that all persons signing on behalf of Licensor and Licensee are authorized to do so by their respective appropriate company actions. 4. COUNTERPARTS. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. This Second Amendment may be executed by a 1 DocuSign Envelope ID:85D9FF90-772C-44C2-8664-746F3895994B party's signature transmitted by electronic signatures or in pdf format ("pdf'), and copies of this Second Amendment executed and delivered by means of electronic signatures or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original signatures. [SIGNATURE PAGE FOLL0WSJ 2 DocuSign Envelope ID:85D9FF90-772C-44C2-8664-746F3895994B IN WITNESS WHEREOF, Licensor and Licensee have executed and delivered this Second Amendment as of the day and year first above written. LICENSOR: LICENSEE: RIVIAN AUTOMOTIVE, LLC, MOMENTOUS SPORTS CENTER, LP, A Delaware limited liability company a California limited partnership by: DocuSigned by: [�D—S,gn,d QC/�fi79FGQE2FQ74AR Sl�`7n' "1F(15371R7R754Afi Robert valenziano Print: Print: Michael J. Rangel Sr Director, Real Title: Estate Title: General Partner Manager 11/29/2023 11/29/2023 3 DocuSign Envelope ID:85D9FF90-772C-44C2-8664-746F3895994B EXHIBIT A OUTLINE AND LOCATION OF LICENSE AREA RIVIAH �' ,_ 3jds. 'f Depend Bob- • ``� is ran e • ` ,�� .. �,Mf 4 DocuSign Envelope ID:538A708F-CAFE-4AAC-B765-4E756D415C2E FIRST AMENDMENT TO LICENSE AGREEMENT FOR PARKING SPACE THIS FIRST AMENDMENT TO LICENSE AGREEMENT FOR PARKING SPACE ("First Amendment") is made and entered into as of May 17, 2023 by and between Momentous Sports Center, LP a California limited partnership ("Licensee") and Rivian Automotive, LLC, a Delaware limited liability company ("Licensor"). RECITALS WHEREAS,Licensor and Licensee entered into that certain License Agreement for Parking Space ("License Agreement") dated September 20, 2022 and commencing on September 23, 2022 for the temporary use of parking space at 14600 Myford, Irvine, California ("License Area"); and WHEREAS, the parties hereto desire to amend the License Agreement to increase the number of parking spaces included in the License Area and to make changes to such other terms as are detailed below. AGREEMENT NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, and in consideration of the hereinafter mutual promises, the parties hereto do agree as follows: 1. LICENSE AND LICENSE TERM. Exhibit A to the License Agreement is hereby fully replaced with Exhibit A attached hereto, depicting the change to the License Area (as that term is defined in the License Agreement). 2. NO OTHER MODIFICATIONS. Except as herein modified and amended, the License Agreement shall remain in full force and effect. In the case of conflict between the original License Agreement and this First Amendment, the First Amendment shall control. The Recitals set forth above are incorporated herein as though set forth in full. Capitalized terms not defined herein have the meanings given to such terms in the License Agreement. The invalidity of any provision of this First Amendment, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof or of the License Agreement. 3. AUTHORITY. Licensor and Licensee each represents and warrants to the other that it is authorized to do business in the State of California, that it has full right and authority to enter into this First Amendment, and that all persons signing on behalf of Licensor and Licensee are authorized to do so by their respective appropriate company actions. 4. COUNTERPARTS. This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. This First Amendment may be executed by a party's signature transmitted by electronic signatures or in pdf format ("pdf'), and copies of this First 1 DocuSign Envelope ID:538A708F-CAFE-4AAC-B765-4E756D415C2E Amendment executed and delivered by means of electronic signatures or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original signatures. [SIGNATURE PAGE FOLL0WS] 2 DocuSign Envelope ID:538A708F-CAFE-4AAC-B765-4E756D415C2E IN WITNESS WHEREOF, Licensor and Licensee have executed and delivered this First Amendment as of the day and year first above written. LICENSOR: LICENSEE: RIVIAN AUTOMOTIVE, LLC, MOMENTOUS SPORTS CENTER, LP, A Delaware limited liability company a California limited partnership ...Signetl by: D—Signed by: �o1e,I IFI) a�t,v�- Vac /yiA" Sign: �' ra �" �679E66FPEGtftD... FOS323BZBT Robert valenziano Michael J. Rangel Print: Print: Sr Director, Real General Partner Manager Title: Estate Title: 3 DocuSign Envelope ID:538A708F-CAFE-4AAC-B765-4E756D415C2E EXHIBIT A OUTLINE AND LOCATION OF LICENSE AREA br 4 LICENSE AGREEMENT FOR PARKING SPACE License Agreement for Parking Space (this "License") is made as of September 20, 2022, (the "Effective Date") between Momentous Sports Center, LP a California limited partnership ("Licensee") and Rivian Automotive, LLC, a Delaware limited liability company ("Licensor"). Background Licensor is the current tenant of a building, located at 14600 Myford, Irvine, California, including the parking lot ("Premises"). This License is entered into to provide temporary parking space for Licensee's use. NOW THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows: 1. License and License Term. Licensor hereby grants to Licensee a license for the non- exclusive, temporary use of the License Area (defined below) for parking motor vehicles from 6:00 a.m. until 10:00 p.m. Pacific time on Saturdays, Sundays, and as otherwise permitted by Licensor in writing, subject to the terms of this License. The "License Area" consists of the parking lot located 14600 Myford in Irvine, California, along with access thereto, as shown on the attached Exhibit A. The term of this License (the "License Term") will begin on September 23, 2022 (the "License Commencement Date"), and shall continue until terminated as set forth in this License. 2. Use of License Area. The License Area shall be available for Licensee's use in as-is condition. Licensee shall make no structural alterations or improvements to the License Area without Licensor's prior written consent, which consent shall be withheld in Licensee's sole discretion. Licensee shall keep and the License Area free from litter and debris. Licensee shall not be responsible for any maintenance or repairs to the License Area, except to the extent caused by Licensee's use. 3. Insurance. During the License Term, Licensee will carry insurance as required of Licensor in its lease. Such insurance shall include, but not be limited to, a policy of comprehensive general public liability and property damage insurance with minimum limits of not less than $2,000,000.00 on a per occurrence basis. The Irvine Company LLC and Meggitt (San Juan Capistrano), Inc. dba Meggitt Sensing Systems shall be named as additional insureds on any such policy. Licensee's insurance shall contain a provision that the policy shall be primary to and noncontributory with any policies carried by Licensor. Licensee's insurance policies shall contain a waiver by the insurer or any right to subrogation against Licensor, its agents, employees, contractors and representatives. Licensee also waives its right of recovery for any deductible or retained limit under same policies described herein. If at any time during the License Term, Licensor becomes aware that such policy has lapsed or Licensee has failed to comply with this Section, this License shall automatically terminate. 4. Release and Indemnity. LICENSEE ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO LICENSEE AND/OR LICENSEE'S PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY PROPERTY STORED BY LICENSEE WITHIN THE LICENSE AREA OF ANY KIND OR THE CONTENTS THEREOF DUE TO THEFT, VANDALISM OR ACCIDENT) ARISING FROM OR RELATED TO LICENSEE'S USE OF THE LICENSE AREA OR THE EXERCISE OF ANY RIGHTS UNDER THIS LICENSE. Licensee shall indemnify, defend and hold Licensor, its principals, partners and sublessors (collectively, "Licensor Related Parties"), harmless from and against all losses, liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (collectively, "Claims") including, without limitation, reasonable attorneys' fees, which may be imposed upon, incurred by, or asserted against any of the Licensor Related Parties and arising, directly or indirectly, out of or in connection with (a)the use or occupancy of the License Area by, through or under Licensee, (b)the negligence or willful misconduct of Licensee, its agents, employees or contractors, or (c) any default, breach, violation or non-performance by Licensee of any provision of this License. 5. Termination. Either party may terminate this License upon seven (7) days' notice. Such termination shall be effective as of the third (31d) day after delivery of the termination notice. Upon termination of this License, Licensee shall ensure that Licensee has vacated the License Area and shall have no further rights to access or use the License Area. 6. Rules; Performance. Licensee, at its sole cost, shall comply with all required permits and licenses and observe and comply with all rules and regulations of Licensor's lease and applicable laws. 7. Default. Upon Licensee's failure to comply with any term, provision, condition or covenant of this License, Licensor may immediately terminate this License for cause and/or pursue any and all other remedies available to it at law. 8. Successors and Assigns; Licensor's Liability. Licensee shall not assign, sublicense, or transfer any of its rights under this License, and shall not permit any other party to use or occupy the License Area. Licensee agrees to look only to Licensor for satisfaction of any claim against Licensor, and not to any other property or assets of Licensor, including the interest of Licensor in the Premises. 9. Meggitt (Orange County), Inc. Rights and Indemnification. Licensee and Licensor acknowledge that Licensor is a subtenant of Meggitt (Orange County), Inc. ("Meggitt"), which is itself a tenant of The Irvine Company ("TIC"). Accordingly, Licensee and Licensor agree as follows: (a) In the event of a default under or breach by Licensor of its Sublease with Meggitt, which is not timely cured as provided in such Sublease by Licensor, Meggitt may (i) terminate this License and retake possession of the License Area, or, alternatively, (ii) demand and collect License fees directly from Licensee; and (b) Licensee and Licensor shall indemnify and hold harmless Meggitt and TIC from and against any and all Claims related to the Premises and/or the use thereof by Licensee, including, but not limited to, Claims by any person, including by Licensee and Licensor, for personal injury, property damage or death. For the purposes of this provision and Sections 4 and 8 of this License, Licensee and Licensor agree Meggitt and TIC are intended third party beneficiaries of this License. 9. Notices. All notices pursuant to this License shall be in writing, hand delivered, sent by reputable overnight courier service, or mailed by certified mail, return receipt requested, postage prepaid, or sent via electronic mail, and shall be deemed to be delivered on the earlier of actual receipt, the day after delivery to the courier service, 3 days after delivery or mailing, or the day sent via electronic mail, as the case may be. All notices shall be delivered to the addresses for the parties set forth below their respective signatures. Either party may from time to time change their notice address (but not to a P.O. box) within the continental United States by notice to the other. 10. Brokers. Licensor and Licensee acknowledge and agree that no brokerage commissions or finder's fees are payable with respect to this License. 11. Miscellaneous. This License shall be interpreted and enforced in accordance with the laws of the State of California and may be amended only in writing by an instrument signed by all of the parties hereto. If any term or provision of this License shall to any extent be invalid or unenforceable, the remainder of this License shall not be affected, and each provision of this License shall be valid and enforced to the fullest extent permitted by law. No provision of this License shall be deemed to have been waived by either party unless such waiver is in writing and is signed by the party to be charged. The expiration or earlier termination of this License shall not relieve either party of any obligations which accrued prior to or which may continue to accrue after the expiration or early termination of this License. 12. Counterparts and Electronic Signatures. This License may be executed in counterparts with the same effect as if both parties hereto had executed the same document, provided that all parties are furnished a copy thereof reflecting the signature of all parties. Both counterparts shall be construed together and shall constitute a single License. The parties acknowledge and agree that they intend to conduct this transaction by electronic means and that this License may be executed by electronic signature (including, without limitation, faxed versions of an original signature or electronically scanned and transmitted versions [e.g., via pdf] of an original signature), which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 13. Entire Agreement. This License and the following exhibits and attachments, which are hereby incorporated into and made a part of this License, constitute the entire agreement among the parties and supersede all prior agreements and understandings related to the License Area: Exhibit A (Outline and Location of License Area). 14. Confidentiality. Licensee shall not disclose the terms or conditions of this License Agreement or the identity of Licensor to any other party without the written consent of Licensor. IN WITNESS WHEREOF, the parties hereto have executed this License, intending to be legally bound hereby, as of the day and year first above written. LICENSEE: Momentous Sports Center, LP a California limited partnership Dmu�Slgned by: J' By 3F0532382B754A6 Name: Michael J. Rangel Title: General Partner Manager Address for Notices to be sent to Licensee: Momentous Sports Center 14522 Myford Rd. Irvine, CA 92606 Attention: Michael J. Rangel With email copy sent to: mrangel(aD_momentoussportscenter.com accounting@momentoussportscenter.com LICENSOR: RIVIAN AUTOMOTIVE, LLC, a Delaware limited liability company DocuSIgned by: �°NG u f �/a�t�n ajiain a By• zszeFcr.F2Fcz4An Name: Title: Address for Notices to be sent to Licensee: Rivian Automotive, LLC 14600 Myford Road Irvine, California 92606 Attention: Director of Real Estate c/o Facilities With email copy sent to leaseadmin@rivian.com With a copy to: Rivian Automotive, LLC 14600 Myford Road Irvine, California 92606 Attention: Associate General Counsel, Real Estate and Construction With email copy sent to legal@rivian.com EXHIBIT A OUTLINE AND LOCATION OF LICENSE AREA Magi This page intentionally left blank MOMENTOUS SPORTS CENTER,LP PARKING LOT USE AGREEMENT This Parking Lot Use Agreement (this "Agreement") is entered into, effective as of January 1, 2023, by and between the Momentous Sports Center, LP, a California limited partnership, 14522 Myford, Irvine CA 92606, (the "MSC" or"Company"), and parking lot owner 2741 Walnut, L.P., a California limited partnership (the "Lot Owner"). This Agreement supersedes all other prior executed agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. WHEREAS, the MSC owns and operates the Momentous Sports Center, a large regional indoor tournament, events, and training facility (the "Facility") featuring high-grade wood flooring; and, WHEREAS, Lot Owner owns, or has legal interest and control of, a parking lot in conjunction with Lot Owner's primary business located at 2741 Walnut Ave., Tustin, CA 92780 (Lot Owner's "Parking Lot'); and, WHEREAS, the Lot Owner wishes to grant to Company parking use, including any right of easement required for access for such use, of the Parking Lot solely for Company's internal and external event staff and other non-paying visitors and invitees related to Company's or Company's customers' event operations (Company's "Parking Lot Operations"), in exchange for a flat per day Lot Use Fee, as defined hereinbelow. NOW, THEREFORE, in consideration of the mutual representations, warranties, promises and agreements herein made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties hereby agree as follows: 1. Parking Lot Operation by Company—Lot Owner agrees to grant Company year- round use of 123 Parking Lot spaces (includes 3 handicapped spaces) for limited Parking Lot Operations. Company agrees that at all times there will always be Eight (8) spaces left available for Lot Owner and its tenants unless Lot Owner specifically allows use of those spaces for any given instance. Lot Owner understands and agrees that Company's use of the Parking Lot is expressly overflow in nature and thus no minimum use is guaranteed or implied under this Agreement; Company's timing and extent of use of the Parking Lot at any time is at Company's sole discretion. Company agrees to provide, at its own expense, at least one parking attendant to collect monies, safely manage vehicle and pedestrian traffic flows, as well as staffing to provide post-event clean-up of the Parking Lot, leaving the Parking Lot no less clean than its condition prior to Company's use. The approximate hours of operation shall be between 6:00 a.m. to 9:30 p.m. on weekends and holiday weekdays, and 5:00p.m. to 9:30 p.m. on non-holiday weekdays, however, Lot Owner acknowledges that operations may on occasion extend past these normal operating hours. Lot Owner understands that Company will rely on the availability of the specified parking spaces and such availability will be advertised to the public in advance by Company, thus Lot Owner shall give Company advance notice as promptly as is possible, but in Page 1 of 5 MSC PARKING LOT USE AGREEMENT-2741 WALNUT,L.P. any case, at least one calendar week in advance, in the event any less than the herein specified parking spaces are available on a given date. 2. Lot Use Fee — Company shall pay a flat Lot Use Fee of $200 per day of use regardless of the number of hours actually used. The Lot Use Fee shall be due and payable within five (5) business days after the end of each month for that month's aggregated days of lot use. 3. Confidentiality — Except as required by law, regulation, legal process or regulatory authority, each party agrees to keep all materials and all other confidential information about Company as confidential and provide access to such materials only to those persons directly involved in each party's activities under this Agreement. It is agreed by the parties that the terms and conditions of this Agreement are strictly confidential to both parties and that no disclosure of the same shall be made by either party to any third parties without the prior written consent of the other party. 4. Expenses — All costs and expenses related to Lot Owner's maintenance and ownership of the Parking Lot are for the sole and exclusive account of Lot Owner unless otherwise specifically agreed to in writing by Company. All costs and expenses related to Company's Parking Lot operations as described herein are for the sole and exclusive account of Company unless otherwise specifically agreed to in writing by Lot Owner. Company's costs and expenses related to Company's Parking Lot operations shall include the repair of any damage to the Parking Lot, above and beyond normal wear and tear, and any clean-up required after each use related to Company's operations. 5. Term and Termination — This Agreement shall have an initial term of one (1) year from the date first set forth above; thereafter, this Agreement will automatically renew for subsequent one (1) year terms. Notwithstanding the initial term and any renewal thereof, either party may terminate this Agreement at any time by providing a minimum of ninety (90) days advance written notice of termination to the other party. 6. Insurance — Company shall name Lot Owner and Largo Concrete, Inc. by endorsement to its general liability policy as an "additional insured" party. Company shall deliver documents evidencing the foregoing promptly after execution of this Agreement. 7. Representations and Warranties — Each of the parties hereto hereby represents and warrants as follows: (i) if not a person, that such party is duly formed and validly existing under the laws of the jurisdiction of its organization with full power and authority to enter into this Agreement and to conduct its business to the extent contemplated in this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by such party and constitutes the valid and legally binding agreement of such party, enforceable in accordance with its terms against such party; and (iii) the execution and delivery of this Agreement by such party and the performance of its duties and obligations hereunder do not result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any agreement, contract, license, permit, franchise, certificate or any other document or instrument to which such party is a party or by which such party is bound or to which any of such party's properties are subject, or require Page 2 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. any authorization or approval under or pursuant to any of the foregoing, or violate any statute, regulation, law, order, writ, injunction,judgment or decree to which such party is subject. 8. No Partnership — Nothing contained herein shall be construed to imply a joint venture, partnership or principal-agent relationship between Company and Lot Owner, and neither party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. The parties' revenue sharing as described herein is not a sharing of profits in a manner that would create a separate taxable entity under Section 761 of the Internal Revenue Code of 1986, as amended, nor co-ownership of a business or property so as to create a separate partnership under the law of any jurisdiction. Accordingly, for tax, property and liability purposes each party's activities under this agreement are independently performed with respect to the other party. Revenues and expenses of each party shall be reported separately by the parties for tax purposes. Each party's employees will not be considered employees of the other within the meaning or the applications of any federal, state or local laws or regulations including, but not limited to, laws or regulations covering unemployment insurance, retirement benefits, worker's compensation, industrial accident, labor or taxes of any kind. Company's personnel who are to perform services hereunder shall be under the employment, and ultimate control, management, and supervision of Company. It is understood and agreed that neither party's employees shall not be considered employees of the other party within the meaning or application of the other party's employee fringe benefit programs for the purpose of vacations, holidays, pension, group life insurance, accidental death, and medical benefits. 9. Indemnification — Company agrees to defend and indemnify Lot Owner, Largo Concrete, Inc., and any of their owners or employees, from any claims, losses, lawsuits, or damages related to Company's use of the Parking Lot. Lot Owner agrees to give Company prompt written notice of any claim or other matter that such notifying party reasonably believes this indemnification provision is applicable. Lot Owner agrees to cooperate with Company in the defense of any such claim or other matter. 10. LIMITATION OF DAMAGES. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT. FURTHER, EACH PARTY'S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR RECEIVED AS THE CASE MAY BE UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD PRIOR TO THE DATE ANY SUCH LIABILITY AROSE. 11. General Provisions Entire Agreement— This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter Page 3 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. hereof. This Agreement may not be amended or modified except in writing signed by the parties hereto. Severability — If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. Waiver — The waiver by either party of a default or breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision by the other party. No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid unless in writing and duly executed by the party or parties to be charged therewith. Recording — Upon full execution of this Agreement, Company shall cause a copy of the Agreement to be recorded in the appropriate County Recorder's Office in accordance with the City of Tustin's Community Development Department requirements. Governing Law & Remedies — This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. The parties hereby consent to the exclusive jurisdiction of any State or Federal court, as appropriate, located in or encompassing Orange County. Neither party shall knowingly take or fail to take any action that might cause it or the other party to be in violation of any law or regulation of the United States. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. Taxes — Unless the Lot Owner is a corporation, Lot Owner is required to provide the Company with a completed IRS Form W-9 (Request for Taxpayer Identification Number and Certification) immediately upon Company's request. Any compensation withheld for more than thirty (30) days following a Company request for Lot Owner's W-9, which has not been complied with, shall be forfeited by Lot Owner. If any information submitted by Lot Owner on the W-9 is incomplete, incorrect, or inaccurate, payments due to Lot Owner will be withheld at Company's sole discretion. It is Lot Owner's sole responsibility to ensure that Company has a complete and accurate Form W-9 on file when requested. Lot Owner is responsible for any and all income, payroll and self-employment taxes, as applies, required by federal, state, and local laws, statutes, and regulations. Arbitration — In the event a dispute arises hereunder which the parties are not able settle on mutually agreeable terms, the alleging party of the dispute will provide the other party with a written notice of the details of such perceived dispute. The other party shall have fifteen (15) days to respond, and the parties will attempt in good faith to resolve the alleged dispute. If a resolution has not been reached within thirty (30) days from the initial notice of the dispute, the parties agree to seek to resolve the problem through mediation conducted by a mediator to be Page 4 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. mutually selected. The parties shall share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. In the event the dispute is not resolved within 30 days after it has been referred to the mediator, it will be arbitrated in a mutually agreed city in the United States or other country whose primary language is English, in the English language, pursuant to the Commercial Arbitration rules of the International Chamber of Commerce by an arbitrator to be agreed upon by the parties within 30 days following failure of mediation to resolve the dispute. In the event the parties fail to agree on a single arbitrator within said 30-day period, the party first alleging the dispute shall have the right to name an arbitrator and the other party shall have the right to name its arbitrator and the two arbitrators shall name a third, neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator(s). Counterparts — This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto execute this Agreement which shall be effective as of the date first written above. LOT OWNER—2741 Walnut, L.P. Mitre Coilg By: Mike Long(Jan 13,2 407:47PST) Mike Long, Managing Partner COMPANY—Momentous Sports Center,LP(MSC) By: Mike Ran (Jan 12,202418:21 PST) MSC Management, LLC, General Partner Michael J. Rangel, Manager Page 5 of 5 MSC PARKING LOT USE AGREEMENT-2741 WALNUT,L.P. PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX C COUNTS UNLIMITED PARKING SURVEY AT THE MSC- SEPTEMBER 26, 2019, AND OCTOBER 19, 2019 P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» Warner Plaza Parking Survey Survey Date:Monday,September 11,2017 Momentous Sports Center-Parking Utilization Surveys 14522 Myford Rd,Irvine,CA 926060 Thursday,September 26,2019 Number of Parked Vehicles and Percentage of Occupied Parking Spaces Parking Zone Momentous Sports Center Regular 266 Handicap 8 Reserved 19 Carpool 2 No.of Vehicles from Compact 36 Total that parked for Total 331 New American Funding 12:00 AM 1 0% 0 12:30 AM 1 0% 0 1:00 AM 1 0% 0 1:30 AM 1 0% 0 2:00 AM 1 0% 0 2:30 AM 1 0% 0 3:00 AM 1 0% 0 3:30 AM 1 0% 0 4:00 AM 1 0% 0 4:30 AM 1 0% 0 5:00 AM 2 1% 0 5:30 AM 2 1% 0 6:00 AM 3 1% 0 6:30 AM 3 1% 1 7:00 AM 13 4% 10 7:30 AM 24 7% 21 8:00 AM 53 16% 41 8:30 AM 86 26% 64 9:00 AM 131 40% 96 9:30 AM 159 48% 104 10:00 AM 184 56% 105 10:30 AM 195 59% 101 11:00 AM 191 58% 101 11:30 AM 187 56% 100 12:00 PM 187 56% 99 12:30 PM 155 47% 88 1:00 PM 129 39% 72 1:30 PM 130 39% 73 2:00 PM 124 37% 80 2:30 PM 117 35% 78 3:00 PM 123 37% 78 3:30 PM 126 38% 76 4:00 PM 139 42% 74 4:30 PM 155 47% 65 5:00 PM 160 48% 59 5:30 PM 146 44% 50 6:00 PM 192 58% 44 6:30 PM 161 49% 21 7:00 PM 186 56% 12 7:30 PM 252 76% 8 8:00 PM 216 65% 6 8:30 PM 211 64% 4 9:00 PM 179 54% 0 9:30 PM 135 41% 0 10:00 PM 82 25% 0 10:30 PM 8 2% 0 11:00 PM 7 2% 0 11:30 PM 4 1% 0 12:00 AM 2 1% 0 Counts Unlimited,Inc. PO Box 1178 Corona,CA 92878 951-268-6268 Warner Plaza Parking Survey Survey Date:Monday,September 11,2017 Momentous Sports Center-Parking Utilization Surveys 14522 Myford Rd,Irvine,CA 926060 Saturday,October 19,2019 Number of Parked Vehicles and Percentage of Occupied Parking Spaces Parking Zone Momentous Sports Center Regular 266 Handicap 8 Reserved 19 Carpool 2 Compact 36 Total 331 12:00 AM 5 2% 12:30 AM 1 0% 1:00 AM 2 1% 1:30 AM 1 0% 2:00 AM 1 0% 2:30 AM 1 0% 3:00 AM 1 0% 3:30 AM 1 0% 4:00 AM 1 0% 4:30 AM 1 0% 5:00 AM 3 1% 5:30 AM 2 1% 6:00 AM 6 2% 6:30 AM 17 5% 7:00 AM 141 43% 7:30 AM 273 82% 8:00 AM 286 86% 8:30 AM 298 90% 9:00 AM 297 90% 9:30 AM 297 90% 10:00 AM 296 89% 10:30 AM 297 90% 11:00 AM 295 89% 11:30 AM 289 87% 12:00 PM 294 89% 12:30 PM 289 87% 1:00 PM 276 83% 1:30 PM 223 67% 2:00 PM 108 33% 2:30 PM 40 12% 3:00 PM 25 8% 3:30 PM 18 5% 4:00 PM 14 4% 4:30 PM 11 3% 5:00 PM 8 2% 5:30 PM 7 2% 6:00 PM 7 2% 6:30 PM 5 2% 7:00 PM 10 3% 7:30 PM 34 10% 8:00 PM 37 11% 8:30 PM 37 11% 9:00 PM 39 12% 9:30 PM 2 1% 10:00 PM 2 1% 10:30 PM 2 1% 11:00 PM 2 1% 11:30 PM 2 1% 12:00 AM 2 1% Counts Unlimited,Inc. PO Box 1178 Corona,CA 92878 951-268-6268 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX D COUNTS UNLIMITED OFF-SITE PARKING SURVEYS- OCTOBER 19, 2019 P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» Momentous Parking Survey-Vollyball Tournamant Extra Sites Tustin,CA Saturday,October 19,2019 Invents 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Re gular275 134 216 245 255 235 236 207 58 14 6 6 6 4 3 Handicap 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .on.210011 3 2 3 3 1 0 0 0 0 025 4 7 17 18 16 16 15 4 2 1 1 0 0 0 4 0 0 1 1 3 3 1 0 0 0 0 0 0 0 322 139 225 265 278 257 259 227 64 17 8 8 7 5 4 Total Occupancy 322 139 225 265 1 278 1 257 259 227 64 17 8 8 7 5 4 Total Percent 43% 70% 82% 86% 80% 80% 70% 20% 5% 2% 2% 88% 2% 1% Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM R ular 108 3 4 10 8 8 3 1 1 1 1 1 1 Handicap5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Zone 3 Visitor 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Reserved 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Electric Vehicle 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal 128 3 4 7 6 10 8 8 3 1 1 1 1 1 1 Total Occupancy 128 3 4 7 6 10 8 8 3 1 1 1 1 1 1 Total Percent 2% 3% 5% 5% 8% 6% 6% 2% 1% 1% 1% 1% Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM R ular 193 16 51 56 78 84 91 72 24 8 7 6 6 6 6 Zone 4 Hantlica 8 0 2 2 2 2 2 2 2 1 0 0 0 0 0 Reserved 9 0 3 3 4 4 4 4 2 0 0 0 0 0 0 Subtotal 210 16 56 61 84 90 97 78 28 9 7 6 6 6 6 Total Occupancy 210 16 56 61 84 90 97 78 28 9 7 6 6 6 6 Total Percent 8% 27% 29% 40% 43% 46% 37% 13% 4% 3% 3% 3% 3% 3% Invents 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Regular 52 20 52 51 51 51 52 37 7 4 2 1 0 0 0 Handicap 1 0 1 1 1 0 0 0 0 0 0 0 0 0 0 Zone 5 Visitor 5 3 5 5 5 5 5 5 0 0 0 0 0 0 0 Loatlin 2 0 2 2 2 1 1 0 0 0 0 0 0 0 0 Subtotal 60 23 60 59 59 57 58 42 7 4 2 1 0 0 0 Total Occupancy 60 23 60 59 59 57 58 42 7 4 2 1 0 0 0 Total Percent 11% 29% 28% 28% 27% 28% 20% 3% 2% 1% 0% 0% 0% 0% Grand Total Occupancy 720 181 345 392 427 414 422 311 102 31 18 1 6 14 12 11 Total Percent 25% 48% 54% 59% 58% 59% 49% 14% 4% 3% 2% 2% 2% 2% MSC Occupancy 331 141 286 297 296 295 294 276 108 25 1 14 8 7 10 37 Total Percent 43% 86% 90% 89% 89% 89% 83% 33% 8% 4% 2% 2% 3% 11% Total Occupancy 1051 322 631 619 723 711 716 631 210 56 32 24 21 22 48 Total Percent 31% 60% 66% 69% 67% 68% 60% 20% 5% 3% 2% 2% 2% 5% Counts Unlimited,Inc. P.O.Box 1178 Corona,CA 92878 951-268-6268 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX E MOMENTOUS SPORTS CENTER TOURNEY OPERATIONS PLAYBOOK P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» AM VOLLEYBALL TOURNAMENT WEEKENDS Note:SCVA AM tournament session begins at 8:00am;all AM attendees and vehicles begin arriving at Momentous at 7:30am. SCVA AM tournament session concludes by 2:00pm;all AM attendees and vehicles will exit Momentous Sports Center and its parking lots at that time. Position Location Start Redeploy/Notes End Comments MSC TT #1 6a Once MSC lot full,stays&sells tickets as cars leave. 11 a-1 p Each TT sells out front parking spots to right o Roundabout;TT's then run to back corner of MSC TT#2 6a Once MSC lot full,TT2 does cash drop and is then 11 a-1 building to sell 300+tix;use cones to form two lanes redeployed where needed. p of cars along side of building to bring traffic off streets. Once MSC lot full,then directs all cars to Rivian Stands at Front Entrance;lets TT's know when MSC MSC Front Counter" 6a Redeploy to Crt Worker Zone 1. 3p hits 300 cars;once MSC lot full,sets out LOT FULL p y sign and directs cars to Rivian. MSC Roundabout Traffic 6a Stands at Roundabout,directs traffic to rear of Building. 3 Parking Baton Waver" Once MSC lot full,redeploy to Crt Worker,Zone 2 p Rivian TT#1 6a Once Rivian lot full,stays&sells tickets as cars leave 11 a-1 p Rivian TT#2" 6a Once Rivian lot full,stays &sells tickets as cars leave 3p Rivian Front Counter" 6a Once Rivian lot full,re-deploy to Dining Room. Er-A� 3p Largo Lot is only used for Momentous Staff, Referees, Largo=Non-Paid,Non-General Parking Lot Largo Attendant 6a and Scorekeepers. No paid parking! 11 a-1 p 8 cones must be placed in parking spots in front of the building to the left for Largo employees. Admissions 1 6:30a Sell tickets all day;stays until directed to cash out 2p Admissions 2 6:30a Cash out and Redeploy @ 8:15am->Acai 1` 3p All Admissions staff must stand when selling tin,must pre-tear 75-100 wristbands to help move the line. Admissions 3 6:30a Cash out and Redeploy @ 8:30am->Acai 2` 3p Admissions Wears Black jacket. Greets customers/directs foot Stands with their back to the MSC Gym;directs all Outside Greeter 6:30a traffic/NO coolers or outside food/beverage. 11 a-1 p coaches&athletes to left;directs all spectators to the right to enter thru stanchions. Wears Black jacket.Stands in middle of Hallway and ensures Wrist Band Checker 6:30a all attendees have a Wristband UNLESS they are a player in 11 a-1 p Keeps an eye on Coaches Sign-In. uniform OR referee in unform. Traffic Director When MSC full,uses sign provided to direct traffic to (Corner Myford/Walnut 6:30a Rivian. Makes sure nobody parks on NAF lot or Tustin 11a-1 p Once MSC lot is full,uses sign&baton to direct all cars to Rivian. on NAF side) Business Center(caddy corner to MSC). Rivian Front Parking Makes sure nobody enters the front entrance at Rivian Will also have Megaphone so they can prevent cars Lot Entrance 6:30a and also makes sure nobody parks in the Tustin Business 11 a-1 p parking at Tustin Business Center caddy corner to Security Gird. Center(caddy corner to MSC). Momentous Sports Center Irvine Co.#1 6:30a Station at 1st Driveway to the right of MSC. This person 11 a-1 Prevents MSC visitors from parking on this lot and lots also keeps an eye on NAF entrance off Myford. p directly across street on Tustin side. Irvine Co.#2 6:30a Station at 2nd Driveway to the right of MSC. This person 11 a-1 Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#1. p directly across street on Tustin side. Station at 3rd Driveway to the right of MSC. This person Prevents MSC visitors from parking on this lot.Will Irvine Co.#3 6:30a 11 a-1 p also have Megaphone so they can prevent cars Security also keeps an eye on Irvine Co.#2. parking in Panattoni parking lot across street. Irvine Co.#4 6:30a Station at 4th Driveway to the right of MSC.This person 11 a-1 Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#3. p directly across street on Tustin side. Irvine Co.#5 6:30a Station at 5th Driveway to the right of MSC.This person 11 a-1 Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#4. p directly across street on Tustin side. Station at AAA Driveway on Tustin side. This person also Prevents MSC visitors from parking on this lot.Will AAA 6:30a keeps an eye on Vape Store&Tustin Minuteman parking 11 a-1 p also have Megaphone so they can prevent cars (Tustin) parking at Vape Store&Tustin Minuteman parking lot lots across the street. across the street Dow Security Gird. Station on Dow.Street w/Security vest,baton,whistle.No one can park (around corner by 6:30a on Dow or they could receive ticket or be towed from Tustin PD. 11 a-1 p Ensures that no one can park on Dow or states they Redeploy where needed at 9am. could receive ticket from Tustin PD/be towed. Metrolink) P Y Station at entrance of Harvard park w/Security vest,baton,whistle.No Harvard Park Ensures that no one can park at Harvard Park or states 6:30a one can park at Harvard Park or they could receive a ticket or be towed 11 a-1 p the could receive ticket from Irvine PD/be towed. Security Gird. 6:30a IPD.Redeploy where needed at gam. y Floater(cut after 4 hrs if all workers show) 6a Used where needed in the event of no shows 11 a-1 p IFills in where needed for No Shows/Tardies. Floater(cut after 4 hrs if all workers show) 6a Used where needed in the event of no shows 11 a-1 p IFills in where needed for No Shows/Tardies. WB=Wristbands TT=Ticket Takers AM=2 Floaters = Redeployed Workers;NO ADDITIONAL WORKERS ARE NEEDED PM VOLLEYBALL TOURNAMENT WEEKENDS Note:SCVA AM tournament sessions conclude by 2:00pm;all AM attendees and vehicles will exit Momentous Sports Center and its parking lots at that time. At 3:00pm,SCVA PM attendees and visitors start arriving;SCVA to inform its attendees to not arrive until 3:00pm. At 3:30pm,SCVA PM tournament session begins. Position Location Start Redeploy/Notes End Comments MSC TT #1 1:30p Once MSC lot full,stays&sells tickets as cars leave. 6:30p-8p Each a sells out front parking spots to right of Roundabout;TT's then run to back corner of building to sell 300+tix;use cones to form two lanes MSC TT#2* 1:30p Once MSC lot full,TT2 does cash drop and is then 8p of cars along side of building to bring traffic off streets. redeploy where needed. Each TT sells tickets to 1 individ.lane. Once MSC lot full,then directs all cars to Rivian Stands at Front Entrance,lets TT's know when MSC MSC Front Counter" 1:30p Redeploy to Crt Worker Zone 1. 8p hits 300 cars;once MSC lot full,sets out LOT FULL p y sign and directs cars to Rivian. MSC Roundabout Traffic Once MSC lot full,then directs all cars to Rivian Parking Baton Waver" 1:30p Redeploy to Crt Worker Zone 1. 8p Rivian TT#1 1:30p Once Rivian lot full,stays&sells tickets as cars leave 6:30 -8 Rivian TT#2` 1:30p Once Rivian lot full,stays &sells tickets as cars Iwn� 8p Rivian Front Counter' 1:30p Once Rivian lot full,re-deploy to Dining Room. ME+ 8p Largo Lot is only used for Momentous Staff,Referees, Largo=Non-Paid,Non-General Parking Lot Largo Attendant 2p and Scorekeepers. No paid parking! 6:30p-8p 8 cones must be placed in parking spots in front of the building to the left for Largo employees. Admissions 1 2p Sell tickets all day;stays until directed to cash out 6:30p-8p Admissions 2 2p Cash out and Redeploy @ 3:45pm->Acai 1` 8p All Admissions staff must stand when selling tin,must pre-tear 75-100 wristbands to help move the line. Admissions 3 2p Cash out and Redeploy @ 4:00pm->Acai 2` 8p Admissions Wears Black jacket. Greets customers/directs foot Stands with their backto the MSC Gym,directs all Outside Greeter 2p traffic/NO coolers or outside food/beverage. 6:30p-8p coaches&athletes to left,directs all spectators to the right to enter thru stanchions. Wears Black jacket.Stands in middle of Hallway and ensures Wrist Band Checker 2p all attendees have a Wristband UNLESS they are a player in 6:30p-8p Keeps an eye on Coaches Sign-In. uniform OR referee in unform. Traffic Director When MSC full,uses sign provided to direct traffic to Once MSC lot is full,uses sign&baton to direct all (Corner Myford/Walnut) 2p Rivian. Makes sure nobody parks on NAF lot or Tustin 6:30p-8p cars to Rivian. Business Center(caddy corner to MSC). Rivian Front Parking Makes sure nobody enters the front entrance at Rivian Will also have Megaphone so they can prevent cars Lot Entrance 2p and also makes sure nobody parks in the Tustin Business 6:30p-8p parking at Tustin Business Center caddy corner to Security Guard Center(caddy corner to MSC). Momentous Sports Center Irvine Co.#1 2p Station at 1st Driveway to the right of MSC. This person 6:30p-8p Prevents MSC visitors from parking on this lot and lots also keeps an eye on NAF entrance off Myford. directly across street on Tustin side. Irvine Co.#2 2p Station at 2nd Driveway to the right of MSC. This person 6:30p-8p Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#1. directly across street on Tustin side. Station at 3rd Driveway to the right of MSC. This person Prevents MSC visitors from parking on this lot.Will Irvine Co.#3 2p 6:30p-8p also have Megaphone so they can prevent cars Security also keeps an eye on Irvine Co.#2. parking in Panattoni parking lot across street. Irvine Co.#4 2p Station at 4th Driveway to the right of MSC.This person 6:30p-8p Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#3. directly across street on Tustin side. Irvine Co.#5 2p Station at 5th Driveway to the right of MSC.This person 6:30p-8p Prevents MSC visitors from parking on this lot and lots also keeps an eye on Irvine Co.#4. directly across street on Tustin side. Station at AAA Driveway on Tustin side. This person also Prevents MSC visitors from parking on this lot.Will AAA 2p keeps an eye on Vape Store&Tustin Minuteman parking 6:30p-8p also have Megaphone so they can prevent cars (Tustin) parking at Vape Store&Tustin Minuteman parking lot lots across the street. across the street Dow Security Gird. Station on Dow.Street w/Security vest,baton,whistle.No one can park Ensures that no one can park on Dow or states they (around corner by 2p on Dow or they could receive ticket or be towed from Tustin PD. 6:30p-8p could receive ticket from Tustin PD/be towed. Metrolink) Redeploy where needed at 4:30pm Station at entrance of Harvard park w/Security vest,baton,whistle.No Harvard Park Ensures that no one can park at Harvard Park or states 2p one can park at Harvard Park or they could receive a ticket or be towed 6:30p-8p the could receive ticket from Irvine PD/be towed. Security Gird. 2p IPD.Redeploy where needed 430pm y Floater(cut after 4 hrs if all workers show) 1:30p Used where needed in the event of no shows 6:30p-8p Fills in where needed for No Shows/Tardies. Floater(cut after 4 hrs if all workers show) 1:30p Used where needed in the event of no shows 6:30p-8p Fills in where needed for No Shows/Tardies. WB=Wristbands TT=Ticket Takers PM=2 Floaters = Redeployed Workers;NO ADDITIONAL WORKERS ARE NEEDED Tr �r Y "� •�� i I r... . r �. Aw MSC Employees, Referees,VIP's, Contractors and Security Guards 6:30 am/1:30 pm: Prevent MSC Visitors Only. (No Parking Fee) ti from Parking Here 3 SECT f J SITE 261 y Selling Parking y •�� Tickets � Traffic Directors Traffic Directors o+do-. � ,• r y i ' r Selling a Parking . Tickets 1. _ 261 L SA LEGEND FIGURE 2 O- Parking Guards/Ticket Takers/Traffic Directors lie- No MSC Parking Sign age/Traffic Cones 1-MSC N 2-Rivian(Weekend) 3-Largo Concrete(Weekend) Momentous Sports Center o zso soo Existing Parking Strategies FEET (Weekend Tournaments) SOURCE:Google Earth I:\MTU1901\G\Ex Parking strategies Rivian.ai(12/22/2023) UPS Citizenship And o Immigration vice , .a Cz r nr . & SS F Impo y d Auto Fla S auto pares store ' all CfOr i Volleyl.all IuPi range Couni 0 L Research'[Ce er C?'NeiPP C o I I Rita owroo � E I ex pia r7gstsi s, inc. / , p / Elot III scot r r !! Adv�3nC +f Oce Irvine A ly•5elf Slorage Acccc "Sl L i��i�ti�� ��,� 7.800 BUY RACK �Corporat[of) tV2 Imaging Systems ncrele, nr.rP _ d Link -yalucon .. wwore, Jew n�Americ ig-Tustin, CA ° ° Ilvi r • „ " Me7mc7ntqus 'i7grts Centers I � kl452y2 Myford Rd, , - Irvine"CA92545 s I IncNk � , eat'1g, xorroa ca , - - t r } ..�. � �� �_��' .•�3r� 14600 Rhfp _•--..,. --�:... .-'�Y.._.._ifr4�fo a Ro.. -- MYJOFd RC �' O -, _ • .ra„ I-1v � � curt � �-� �M ,� w` th / met ,�� �� r f e LEGEND Attendant _� Traffic Cone U. 41 12/26/23(P:\MTU1901\2023\MSC Playbook Info\Largo.dou) 1 PARKING STUDY REPORT MOMENTOUS SPORTS CENTER C A MARCH 2024 IRVINE,CALIFORNIA J``` APPENDIX F VALET ASSIST OPERATION PLAN BY LAZ PARKING P:AMTU1901\2023\March 2024 Submittal\Parking Study Report4.docx«03/08/24» VALET ASSIST OPERATION PLAN Momentous Sports Center LAZ Parking I December 20, 2019 e LM MOMEMTOVS SPORTS -Ce- - TABLE 1. OVERVIEW 5 2. VALET PARKING & STACKING PROGRAM 6 Valet Assist Operation Plan Momentous Sports Center I LAZ Parking G LM MOMEWOUS SPORTS -"I'll- EXECUTIVE SUMMARY Attn: Mike Rangel General Managing Partner Momentous Sports Center 14522 Myford Rd. Irvine, CA 92606 December 20, 2019 Dear Mr. Rangel, On behalf of the entire LAZ Parking family, I am pleased to submit the following Parking Management Plan for Momentous Sports Center. LAZ Parking,the third largest parking company in the United States,was established in 1981. LAZ is headquartered in San Diego, CA and Hartford, CT, with operations in 420 cities and regional offices in Los Angeles,San Francisco,Atlanta, Boston, Chicago, Columbus, New York, New Jersey, Baltimore,Washington DC, Miami, Dallas and San Antonio. We have been in operation on the West Coast for 35 years, with over 300 properties in Southern California. As our company has continued to grow,our founders and the three original partners are still deeply involved with the company, bringing their strengths to various aspects of our parking business. The success of their business stems from building strong client relationships, empowering employees to"Think like an Owner", and never losing touch with their humble roots of parking cars in the front line. The LAZ Culture:At LAZ,we are committed to being Servant Leaders! By this,we mean we are here to serve our employees and give them the respect and support they need to be successful every day. Simply stated,our employees are empowered to take care of tenants,employees,guests, and patrons and to do whatever it takes to meet their needs. We truly believe in putting its PEOPLE first, this is where the magic begins. Our teams are comprised of energized and passionate people committed to delivering on our promises. Our mission is simple: "Create Opportunities for our Employees&Value for our Clients",which is all we focus on every day.We love people and we love parking. We love creating amazing relationships with our clients and WOW-ing our patrons every day. The Impacts of Practical and Insightful Solutions: LAZ Parking is committed to providing our clients with superior customer service through on-going technological and administrative automation, based upon our corporate goal of being the technological leader of parking management services. We are committed to employing industry leading best practices to achieve"Operational Excellence" and will continue to provide tangible operational solutions and consulting services,customize and automate your reporting needs,provide meaningful parking equipment and other vendor discounts, and tirelessly market the facility to drive profitability. It is through this effort and our specialized "eye"for recognizing opportunities for functional and operational enhancements that we have been able to prove our worth to our clients. Valet Assist Operation Plan Momentous Sports Center I LAZ Parking MG �Z I momew ssr,Oats IncEXECUTIVE SUMMARY closing,we highly encourage you to review the brief video using the link below,as it captures the essence of our company, its culture, and what we believe is the difference as to why LAZ Parking has become the fastest growing parking company locally and nationwide. We also want to say 'THANK YOU' for this opportunity to work with you and your team and welcome any feedback or questions you may have. Please feel free to contact me. With Warm Regards, Chris Handlos General Manager chandlos(o-)lazparking.com The LAZ Difference https://www.youtube.com/watch?v=ybuDOgjBW-w "Business is Personal" Valet Assist Operation Plan Momentous Sports Center I LAZ Parking ' MELM MOME 'IRTS -11-11'- Momentous Sports Center is a sporting event facility located at 14522 Myford Rd. in Irvine California.With large events and limited offsite parking Monday through Friday, Momentous Sport Center is looking to implement a valet assist program and employee parking program to increase the total amount of vehicles parked onsite.As shown on the architectural plans,vehicles will access the parking lot from Myford Road. The parking management plan will address the following: • Positions need to perform a valet assist program • Guest Arrival & Departure Experience • Technology Implementation • Valet Assist Procedures All other valet equipment, podium, cones, delineators, and signage will be stored onsite and taken in and out for each event where which the valet assist program is offered. Valet Assist Operation Plan Momentous Sports Center I LAZ Parking G LM MOMEMOUS SPORTS -C[MT[H2. VALET PARKING&STACKING PROGRAM Traffic Directors,Valets&Cashiers - Hours of Operation Based off the above circumstances there would be an anticipated need for Valet Assist Parking Monday- Friday. As times can vary from event to event, LAZ would recommend the parking team arrive one hour prior to the beginning of the sporting events and stay 30 minutes after the last event finishes. The below schedule is based on an event starting at 8am and ending at 6pm. Valet Position Mon Tue -. Thu Fri Traffic Director/Greeter 7a-12p 7a-12p 7a-12p 7a-12p 7a-12p 5 5 5 5 5 Traffic Director/Valet 7a-12p 7a-12p 7a-12p 7a-12p 7a-12p 5 5 5 5 5 Valet 8a-1p 8a-1p 8a-1p 8a-1p 8a-1p 5 5 5 5 5 Valet 10a-4p 10a-4p 10a-4p 10a-4p 10a-4p 6 6 6 6 6 Valet 12p-6p 12p-6p 12p-6p 12p-6p 12p-6p 6 6 6 6 6 Valet 1p-6:30p 1p-6:30p 1p-6:30p 1p-6:30p 1p-6:30p 5.5 5.5 5.5 5.5 5.5 Traffic Directing To ensure a successful parking program, at the beginning of the event, LAZ would recommend having two traffic directors guide guests to available parking spaces. The traffic director will ensure all parking spaces are filled in a counterclockwise manner. Once all self-parking spaces are filled,the traffic directors will fill in as valets and greeters as needed. Valet —Vehicle Locations Valet vehicles that originate in the Greeting Zone area will be parked on the North & East side of the property, as indicated in the map below. This area will be used to stack-park vehicles in the drive aisles, when necessary to increase capacity, 79 vehicles onsite, in order to support demand for parking. Greeting Zone The Greeting Zone or valet staging area will be located in the back of the property as illustrated in the map below.This greeting area will have the capacity to hold 4 vehicles at any one time. The approximate location of the Greeting Zone is shown below as indicated by the red star. The blue area illustrates where the valet vehicles will be stored and stacked. Valet Assist Operation Plan Momentous Sports Center I LAZ Parking MG �Z I momew OVS St+0aT5 -C[MT[W- 2. VALET PARKING Et STACKING PROGRAM 4 HC f.1 vanj I stall reserved for electnc cars-no hookup 9 std stalls m 23 std staAs 10 std stalls - tF std stalls -=+'� • 3 std stalls 1 9 std stalls I std stalls `Z� 4-- I l � 10reservedstalis 1 � -. bq r • 4 Q I ff I_ .�.I - 9 resErVe'd 1 { ' � m14RMIM leTY 1 I � � r rfi std stalls � 4 Sld Stalls 4 HC(Yvan) �1 F 1� — �0 3 std stalls 1 7 std stalls 1 a, I 35 I I �mj°�1�� 8 sid Stal15 C�]R7 ��--�----�-------T--T stall F7 - 1 . 1 5 std stalls I I Greeting Zone Valet- Guest Experience(Vehicle Drop Off) 1. Guest is greeted by valet attendant in Greeting Zone. 2. Guest is issued a valet claim check by valet attendant. 3. Guest leaves the Greeting Zone and proceeds into the Sporting Event. 4. Guest returns to Greeting Zone and presents valet claim check to valet attendant. Valet Assist Operation Plan Momentous Sports Center I LAZ Parking G LM MOMEMOUS SPORTS -"I'll- VALET2. PARKING STACKING PROGRAM 5. Valet attendant retrieves guest's keys, runs to the vehicle storage location and returns the vehicle to the guest in the Greeting Zone. 6. Valet attendant opens all doors for guest,thanks the guest and hands the driver the vehicle keys. 7. Guest departs in their vehicle through surface parking area and exits onto Myford Rd. We train and utilize our guest service practice of G.E.N.I. • Greet: Guest are to be greeted within 15 seconds and personally express a warm welcome! • Eye Contact: Make eye connect with each guest to establish a human level of connection and trust with the guest. • Name Recognition: Our valets will ask for the guest's name upon arrival and will use their name at least once on the way in and on the exit. They will also introduce themselves by name during the initial greeting. • Impress Someone:Anticipate a need/ask a helping question upon arrival and at exit. Valet Parking - Guest Experience (Vehicle Return) 1. Guest either texts ahead or return to the Greeting Zone and presents their valet claim check to Valet Attendant or Valet Ambassador. 2. The Valet Attendant will then retrieve the guest's keys, run to the vehicle storage location,and returns the vehicle to the guest in the Greeting Zone. 3. Valet attendant opens all doors for guest,thanks the guest and hands the driver the vehicle keys. 4. Guest departs in their vehicle and exits accordingly. Flash Valet - Bring a VIP Experience to Momentous Sport Center In order to operate the parking as efficiently as possible, minimize w guest wait times, and maximize guest service,we propose utilizing ' Flash Valet technology at Momentous Sport Center. When any guest decides to valet park,they typically expect to be - A treated like a VIP. With that said the implementation of Flash will give the guest the ultimate in convenience when valet parking. Valet parking customers will enjoy VIP service with the ability to request their car right from their mobile phone. It's as simple as them sending a text message! Valet Assist Operation Plan Momentous Sports Center I LAZ Parking MELM MOMEOHiS -ClNil4'- 2. VALET PARKING Et STACKING PROGRAM Upon arrival,the valet attendant will politely explain how to text for the vehicle a few minutes prior to being ready to leave the property. This information is also provided on the valet parking ticket as indicated below: 'r Ird r"vu.ernCM• rrr�rrs��wrrersur irw��w..nR1.Y4w.ar SCAN THIS L L= r I IIIII IIIII IIII Ill III 237 PRE*, M1 to S Sr LIH tptiRl I X*.EKUR.w' Their car will then be brought to the Valet Zone and waiting for them when they arrive to the Zone to leave. The guest's phone number and information will also be 100% hidden and protected. Valet — Stacked Parking Procedure 1. With the use of Flash Valet technology, as indicated above,the valets will be able to identify which vehicles are double-parked for an efficient retrieval process and the ability to quickly and efficiently help blocked-in self-parkers. 2. When a blocked-in vehicle needs to get out,the valet attendant will retrieve the keys for the vehicle in the front stall from the key box located in the greeting zone. The front vehicle will be moved and re-parked on a neighboring stall and the keys re-hung in the key box. 3. Vehicle keys will be locked in the locking key boxes at all times when parked. In addition to stacking guests during peak times, LAZ would also recommend stacking employee vehicles within the two ramp areas. On average an employee's car will remain on property six to eight hours where a guest stays closer to two or three hours. To cut down on vehicle movements LAZ would recommend stacking on top of employee cars as they will not be moving as frequently. Valet Assist Operation Plan Momentous Sports Center I LAZ Parking ' ATTACHMENT E MOMENTOUS SPORTS CENTER,LP PARKING LOT USE AGREEMENT This Parking Lot Use Agreement (this "Agreement") is entered into, effective as of January 1, 2023, by and between the Momentous Sports Center, LP, a California limited partnership, 14522 Myford, Irvine CA 92606, (the "MSC" or"Company"), and parking lot owner 2741 Walnut, L.P., a California limited partnership (the "Lot Owner"). This Agreement supersedes all other prior executed agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. WHEREAS, the MSC owns and operates the Momentous Sports Center, a large regional indoor tournament, events, and training facility (the "Facility") featuring high-grade wood flooring; and, WHEREAS, Lot Owner owns, or has legal interest and control of, a parking lot in conjunction with Lot Owner's primary business located at 2741 Walnut Ave., Tustin, CA 92780 (Lot Owner's "Parking Lot'); and, WHEREAS, the Lot Owner wishes to grant to Company parking use, including any right of easement required for access for such use, of the Parking Lot solely for Company's internal and external event staff and other non-paying visitors and invitees related to Company's or Company's customers' event operations (Company's "Parking Lot Operations"), in exchange for a flat per day Lot Use Fee, as defined hereinbelow. NOW, THEREFORE, in consideration of the mutual representations, warranties, promises and agreements herein made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties hereby agree as follows: 1. Parking Lot Operation by Company—Lot Owner agrees to grant Company year- round use of 123 Parking Lot spaces (includes 3 handicapped spaces) for limited Parking Lot Operations. Company agrees that at all times there will always be Eight (8) spaces left available for Lot Owner and its tenants unless Lot Owner specifically allows use of those spaces for any given instance. Lot Owner understands and agrees that Company's use of the Parking Lot is expressly overflow in nature and thus no minimum use is guaranteed or implied under this Agreement; Company's timing and extent of use of the Parking Lot at any time is at Company's sole discretion. Company agrees to provide, at its own expense, at least one parking attendant to eel ee+ safely manage vehicle and pedestrian traffic flows, as well as staffing to provide post-event clean-up of the Parking Lot, leaving the Parking Lot no less clean than its condition prior to Company's use. The approximate hours of operation shall be between 6:00 a.m. to 9:30 p.m. on weekends and holiday weekdays, and 5:00p.m. to 9:30 p.m. on non-holiday weekdays, however, Lot Owner acknowledges that operations may on occasion extend past these normal operating hours. Lot Owner understands that Company will rely on the availability of the specified parking spaces Gei%pany, thus Lot Owner shall give Company advance notice as promptly as is possible, but in Page 1 of 5 MSC PARKING LOT USE AGREEMENT-2741 WALNUT,L.P. any case, at least one calendar week in advance, in the event any less than the herein specified parking spaces are available on a given date. 2. Lot Use Fee — Company shall pay a flat Lot Use Fee of $200 per day of use regardless of the number of hours actually used. The Lot Use Fee shall be due and payable within five (5) business days after the end of each month for that month's aggregated days of lot use. 3. Confidentiality — Except as required by law, regulation, legal process or regulatory authority, each party agrees to keep all materials and all other confidential information about Company as confidential and provide access to such materials only to those persons directly involved in each party's activities under this Agreement. It is agreed by the parties that the terms and conditions of this Agreement are strictly confidential to both parties and that no disclosure of the same shall be made by either party to any third parties without the prior written consent of the other party. 4. Expenses — All costs and expenses related to Lot Owner's maintenance and ownership of the Parking Lot are for the sole and exclusive account of Lot Owner unless otherwise specifically agreed to in writing by Company. All costs and expenses related to Company's Parking Lot operations as described herein are for the sole and exclusive account of Company unless otherwise specifically agreed to in writing by Lot Owner. Company's costs and expenses related to Company's Parking Lot operations shall include the repair of any damage to the Parking Lot, above and beyond normal wear and tear, and any clean-up required after each use related to Company's operations. 5. Term and Termination — This Agreement shall have an initial term of one (1) year from the date first set forth above; thereafter, this Agreement will automatically renew for subsequent one (1) year terms. Notwithstanding the initial term and any renewal thereof, either party may terminate this Agreement at any time by providing a minimum of ninety (90) days advance written notice of termination to the other party. 6. Insurance — Company shall name Lot Owner and Largo Concrete, Inc. by endorsement to its general liability policy as an "additional insured" party. Company shall deliver documents evidencing the foregoing promptly after execution of this Agreement. 7. Representations and Warranties — Each of the parties hereto hereby represents and warrants as follows: (i) if not a person, that such party is duly formed and validly existing under the laws of the jurisdiction of its organization with full power and authority to enter into this Agreement and to conduct its business to the extent contemplated in this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by such party and constitutes the valid and legally binding agreement of such party, enforceable in accordance with its terms against such party; and (iii) the execution and delivery of this Agreement by such party and the performance of its duties and obligations hereunder do not result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any agreement, contract, license, permit, franchise, certificate or any other document or instrument to which such party is a party or by which such party is bound or to which any of such party's properties are subject, or require Page 2 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. any authorization or approval under or pursuant to any of the foregoing, or violate any statute, regulation, law, order, writ, injunction,judgment or decree to which such party is subject. 8. No Partnership — Nothing contained herein shall be construed to imply a joint venture, partnership or principal-agent relationship between Company and Lot Owner, and neither party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. The parties' revenue sharing as described herein is not a sharing of profits in a manner that would create a separate taxable entity under Section 761 of the Internal Revenue Code of 1986, as amended, nor co-ownership of a business or property so as to create a separate partnership under the law of any jurisdiction. Accordingly, for tax, property and liability purposes each party's activities under this agreement are independently performed with respect to the other party. Revenues and expenses of each party shall be reported separately by the parties for tax purposes. Each party's employees will not be considered employees of the other within the meaning or the applications of any federal, state or local laws or regulations including, but not limited to, laws or regulations covering unemployment insurance, retirement benefits, worker's compensation, industrial accident, labor or taxes of any kind. Company's personnel who are to perform services hereunder shall be under the employment, and ultimate control, management, and supervision of Company. It is understood and agreed that neither party's employees shall not be considered employees of the other party within the meaning or application of the other party's employee fringe benefit programs for the purpose of vacations, holidays, pension, group life insurance, accidental death, and medical benefits. 9. Indemnification — Company agrees to defend and indemnify Lot Owner, Largo Concrete, Inc., and any of their owners or employees, from any claims, losses, lawsuits, or damages related to Company's use of the Parking Lot. Lot Owner agrees to give Company prompt written notice of any claim or other matter that such notifying party reasonably believes this indemnification provision is applicable. Lot Owner agrees to cooperate with Company in the defense of any such claim or other matter. 10. LIMITATION OF DAMAGES. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT. FURTHER, EACH PARTY'S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR RECEIVED AS THE CASE MAY BE UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD PRIOR TO THE DATE ANY SUCH LIABILITY AROSE. 11. General Provisions Entire Agreement— This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter Page 3 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. hereof. This Agreement may not be amended or modified except in writing signed by the parties hereto. Severability — If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. Waiver — The waiver by either party of a default or breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision by the other party. No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid unless in writing and duly executed by the party or parties to be charged therewith. Recording — Upon full execution of this Agreement, Company shall cause a copy of the Agreement to be recorded in the appropriate County Recorder's Office in accordance with the City of Tustin's Community Development Department requirements. Governing Law & Remedies — This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. The parties hereby consent to the exclusive jurisdiction of any State or Federal court, as appropriate, located in or encompassing Orange County. Neither party shall knowingly take or fail to take any action that might cause it or the other party to be in violation of any law or regulation of the United States. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. Taxes — Unless the Lot Owner is a corporation, Lot Owner is required to provide the Company with a completed IRS Form W-9 (Request for Taxpayer Identification Number and Certification) immediately upon Company's request. Any compensation withheld for more than thirty (30) days following a Company request for Lot Owner's W-9, which has not been complied with, shall be forfeited by Lot Owner. If any information submitted by Lot Owner on the W-9 is incomplete, incorrect, or inaccurate, payments due to Lot Owner will be withheld at Company's sole discretion. It is Lot Owner's sole responsibility to ensure that Company has a complete and accurate Form W-9 on file when requested. Lot Owner is responsible for any and all income, payroll and self-employment taxes, as applies, required by federal, state, and local laws, statutes, and regulations. Arbitration — In the event a dispute arises hereunder which the parties are not able settle on mutually agreeable terms, the alleging party of the dispute will provide the other party with a written notice of the details of such perceived dispute. The other party shall have fifteen (15) days to respond, and the parties will attempt in good faith to resolve the alleged dispute. If a resolution has not been reached within thirty (30) days from the initial notice of the dispute, the parties agree to seek to resolve the problem through mediation conducted by a mediator to be Page 4 of 5 MSC PARKING LOT USE AGREEMENT—2741 WALNUT,L.P. mutually selected. The parties shall share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. In the event the dispute is not resolved within 30 days after it has been referred to the mediator, it will be arbitrated in a mutually agreed city in the United States or other country whose primary language is English, in the English language, pursuant to the Commercial Arbitration rules of the International Chamber of Commerce by an arbitrator to be agreed upon by the parties within 30 days following failure of mediation to resolve the dispute. In the event the parties fail to agree on a single arbitrator within said 30-day period, the party first alleging the dispute shall have the right to name an arbitrator and the other party shall have the right to name its arbitrator and the two arbitrators shall name a third, neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator(s). Counterparts — This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto execute this Agreement which shall be effective as of the date first written above. LOT OWNER—2741 Walnut, L.P. Mitre Coilg By: Mike Long(Jan 13,2 407:47PST) Mike Long, Managing Partner COMPANY—Momentous Sports Center,LP(MSC) By: Mike Ran (Jan 12,202418:21 PST) MSC Management, LLC, General Partner Michael J. Rangel, Manager Page 5 of 5 MSC PARKING LOT USE AGREEMENT-2741 WALNUT,L.P. ATTACHMENT F �oFIR`' REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: JUNE 20, 2024 TITLE: CONDITIONAL USE PERMIT MODIFICATION WITH ADMINISTRATIVE RELIEF FROM PARKING STANDARDS FOR MOMENTOUS SPORTS CENTER IN PLANNING AREA 10 (WALNUT) irecfor of Community Development RECOMMENDED ACTION 1) Conduct the public hearing. 2) Adopt RESOLUTION NO. 24-3957 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRVINE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT MODIFICATION 00789713-PCPM WITH ADMINISTRATIVE RELIEF FROM PARKING STANDARDS FOR MOMENTOUS SPORTS CENTER, A COMMUNITY FACILITY LOCATED AT 14522 AND 14524 MYFORD ROAD IN PLANNING AREA 10 (WALNUT); FILED BY MOMENTOUS SPORTS CENTER, LP EXECUTIVE SUMMARY Momentous Sports Center, LP is requesting a modification to the approved conditional use permit, including administrative relief from parking standards, for a community facility at 14522 and 14524 Myford Road in Planning Area 10. The Momentous Sports Center, formerly known as Misty May Treanor Sports Center, was approved in 2014 to allow the site to function as a sports training and event hosting venue. The proposed modification would expand the facility's hours of operation, amend the maximum number of athletes/staff, and update the types of activities allowed within the facility. To meet the minimum parking demand associated with the revised operations of the community facility, the applicant is also requesting administrative relief from the parking standards in the Irvine Zoning Ordinance to allow off-site parking at two off-site locations, including an off-site parking location within the City of Tustin. On January 20, 2022, at the request of the applicant, the Irvine Planning Commission continued the hearing on the proposed project to a date uncertain to allow for the project applicant to coordinate the off-site parking application with the City of Tustin. Since the continuation, the applicant has refined the quantity and location of off-site parking. The project site has a zoning designation of 5.4 General Industrial, in which a community facility is a conditionally permitted use. Consistent with the provisions of Sections 2-9-5 (Conditional Use Permit Procedure) and 2-19-2 (Minor/Major Modification Procedure) of Planning Commission Meeting June 20, 2024 Page 2 the Zoning Ordinance, this modification qualifies as a major modification and is presented to the Planning Commission for review and action. Staff recommends Planning Commission approval of Conditional Use Permit Modification 00789713-PCPM with administrative relief based on the findings and subject to the conditions of approval in the attached resolution (PC Attachment 10). COMMISSION / BOARD / COMMITTEE RECOMMENDATION Not applicable. ANALYSIS History and Setting The subject property is located within the 5.4 General Industrial zoning district of Planning Area 10 (Walnut). The City's General Plan designates the area as Research and Industrial. The site is bounded by Myford Road and the City of Tustin to the west, existing office and light industrial buildings to the north, a flood control channel to the east, and Walnut Avenue to the south (PC Attachment 1). The surrounding area is fully developed with office, industrial, and warehouse uses within the cities of Irvine and Tustin. The project site was originally constructed in 1998 and contains two buildings, with addresses of 14522 and 14524 Myford Road. Two driveways, both accessing Myford Road, serve the property. The site contains parking as well as mature vegetation on all sides. Prior to Momentous Sports Center, the previous property tenants utilized the site for light industrial and office uses, including the manufacturing of food products. On June 19, 2014 the Irvine Planning Commission approved Conditional Use Permit 00598359-PCPM for the Momentous Sports Center, which at the time was referred to as the Misty May Treanor Sports Center. The conditional use permit approval facilitated the conversion of the former industrial campus into a community facility that offers indoor sports training and event hosting. The community facility was approved as a sports training and hosting venue that catered to three sports: volleyball, basketball, and futsal, which is a variant of soccer played indoor on a hard surface. The facility was approved to operate seven days a week, with hours of operation of 10 a.m. to 11 p.m. on weekdays and 7 a.m. to 9 p.m. on weekends. The facility consists of 22 multi-purpose sport courts as well as an accessory cafeteria, pro shop, restrooms, maintenance/storage, and other auxiliary spaces. On December 7, 2017, the Irvine Planning Commission approved Conditional Use Permit Modification 00722762-PCPM to allow for the sale of beer and wine within the accessory cafeteria at the community facility. Parking for the anticipated type and schedule of activities housed within the community facility was provided primarily on-site, with administrative relief from parking standards Planning Commission Meeting June 20, 2024 Page 3 granted to allow for parking at an off-site location immediately north of the project site within the City of Irvine. The 2014 approval included certain assumptions about the types of activities and number of athletes and/or staff that would be present at Momentous Sports Center. Since the project's approval, the City became aware of several inconsistencies between the operation of Momentous Sports Center and the original project description. Code Enforcement and Irvine Police Department have responded to complaints and problems arising from operational shortcomings, such as Momentous Sports Center parking overflowing onto public streets and adjacent parcels, pedestrians jaywalking across Myford Road, and tournament traffic backing up onto public streets. Code Enforcement records also show instances in which uses within Momentous Sports Center were expanded beyond the scope of the original project description to include additional activities and unique land uses (e.g., tutoring center, commercial kitchen) despite the City having denied businesses licenses for these uses. Code Enforcement has not received any recent complaints related to the operation of Momentous Sports Center, but staff has observed overflow parking occurring in adjacent properties, such as Harvard Park. A complete chronology of Code Enforcement involvement at the Momentous Sports Center site is provided for reference as PC Attachment 2. Consistent with Condition 6.23 of Planning Commission Resolution 14-3330 approving the community facility, changes to the project description, types of activities, and/or the number of athletes/staff present during typical operations requires a modification to the conditional use permit. In December 2019, the applicant filed Conditional Use Permit Modification 00789713-PCPM with the City of Irvine. This request was first heard by the Planning Commission on December 16, 2021, when it continued the item to a subsequent meeting. Then, on January 20, 2022, the Planning Commission continued the project again — this time to a date uncertain — in order to allow for the applicant to coordinate with the City of Tustin on concerns related to Momentous Sports Center's use of off-site parking locations within the City of Tustin. There has been no further hearing action on this proposal since 2022. Since that date, the applicant filed applications with the City of Tustin requesting approval for off-site parking at three properties within the City of Tustin. In response to City of Tustin review comments and changes in availability at off-site parking locations, the applicant modified the proposed off-site parking locations. City of Irvine staff required revised technical studies to be prepared and reviewed to evaluate the change of off-site parking locations. The current request—detailed further in the sections below— includes one off-site parking location within the City of Irvine and a second off-site location within the City of Tustin. Planning Commission Meeting June 20, 2024 Page 4 Project Description The proposed application seeks to update the project description, hours of operation, suite of allowable activities, and provision of required parking to reflect the current and anticipated operation of the community facility. The overall site and building floor plan, as outlined in the project information sheet (PC Attachment 3) and shown in the project plans (PC Attachment 4) remains substantially unaltered from the project's original approval. The modification application does not propose any physical changes to the existing two-building campus. The larger building (14524 Myford Road) will continue to feature 22 sport courts, an accessory cafeteria, a pro shop, restroom facilities, and ancillary spaces. The smaller building (14522 Myford Road) houses office space for administrative and coordination functions related to the Momentous Sports Center and organizations that are active clients of the facility. Types of Activities As part of the proposed project, the applicant is seeking to clarify the suite of allowable activities at Momentous Sports Center. While the applicant anticipates that volleyball, basketball, and futsal will continue to constitute the majority of the sports-related activities conducted at the facility, the proposed modification provides the applicant with the ability to host any sport or sport-related activity that is commonly conducted in an indoor gymnasium. This includes activities such as, but not limited to, cheerleading, dance, dodgeball, badminton, pickleball, table tennis, cardio or weight training, martial arts, and wrestling. The project floor plan includes dedicated spaces to accommodate the fitness training and martial arts activities. Most of the other activities would occur in the space designated for the 22 hardwood sport courts available within the facility. Except for the dedicated fitness training and martial arts areas that accommodate up to 29 participants collectively, the additional activities would not operate at the same time and on the same courts as the primary sports. Instead, the additional sports-related activities would be accommodated with spare capacity during off-season periods or outside of the more intensive use of the courts by the primary sports. Volleyball is, and will continue to be, the most intensive activity at Momentous Sport Center. Condition 6.26 within the proposed project resolution ensures that any new sport or sport-related activity will not generate more participants per court than volleyball. The application also clarifies that all uses and functions occurring within the smaller office building at 14522 Myford Road must be accessory to the principal community facility use. The building provides space for the administrative and coordination function of Momentous Sports Center and up to three of the community facility clients that carry out activities consistent with the sports training and hosting venue approval. Condition 6.27 within the Planning Commission Meeting June 20, 2024 Page 5 proposed project resolution ensures that the applicant receives separate land use approval for any use that is not ancillary to Momentous Sports Center. Hours of Operation & Maximum Usage The applicant is seeking to expand the community facility hours of operation. The approved hours of operation are 10 a.m. to 11 p.m. on weekdays and 7 a.m. to 9 p.m. on weekends. The proposed hours of operation are from 6 a.m. to 12 a.m. every day. The hours for the sale of alcohol, which is an existing service provided within the court-adjacent cafeteria, will not be extended, and will continue to be allowed daily between 11 a.m. and 10 p.m. only. Momentous Sports Center is also seeking to increase the number of people at the facility during maximum use scenarios. The original approval anticipated a maximum weekday usage of 16 courts utilized for team practice with 10 athletes and one coach, plus six courts facilitating private instruction with up to two athletes and one coach per court. The modification application seeks to update the maximum use scenario for weekdays to reflect all 22 courts in use for volleyball practices, consisting of 12 athletes and two coaches per court. While the applicant has prior approval to host weekend tournaments, the modification application proposes to allow for the occasional hosting of tournaments on weekdays. The applicant estimates a maximum of 17 days to accommodate weekday tournaments per year. The weekday tournaments are generally of a smaller size than weekend tournaments and would consist of a maximum of 15 courts for volleyball or basketball. The tournament hours typically begin in the afternoon and end after evening peak hour. Condition 6.28 in the proposed project resolution is recommended to ensure that the proposed weekday tournaments occur consistent with hours and sizes analyzed in the project's technical studies and do not contribute significantly to evening peak hour traffic. Since weekday tournaments occur around traditional business hours of the adjacent office and warehousing uses, Condition 6.29 is included to restrict the total number of weekday tournament events at the site to 17 weekdays per year. The community facility will continue to provide weekend tournaments, and the applicant seeks to update the maximum anticipated usage during the weekend tournaments to reflect four teams (48 athletes), four coaches, and one referee on each of the 22 courts. In addition to the sport participants, spectators are also anticipated during tournaments. Transportation Analysis In conjunction with the modification request, LSA Associates, Inc. (LSA) prepared a Trip Analysis Report on behalf of the applicant (PC Attachment 5). This Report was reviewed and found to be consistent with City guidelines by the City's Transportation staff. The report outlines the typical daily and peak-hour traffic that occurs on-site based on the proposed activities and associated attendance numbers. LSA also prepared an Access Study to Planning Commission Meeting June 20, 2024 Page 6 evaluate the sufficiency of the Momentous Sports Center operator to accommodate the schedule and intensity of activities proposed (PC Attachment 6). Of particular focus were concerns about the Momentous Sports Center participants and visitors affecting circulation on public right-of-way, either by queuing onto Myford Road and the intersection of Walnut Avenue and Myford Road while waiting to enter the project site, or by parking and loading/unloading along adjacent public streets. The technical studies identify strategies to alleviate impacts to the public right-of-way and adjacent sites, including enhanced site circulation, revised pick-up/drop-off locations within the project site, relocation of parking ticket sales further into the project site, a valet parking operations plan, and the implementation of staff, signage, and cones to discourage illegal parking and loading/unloading along public streets. The applicant has agreed to pay for the installation of a closed-circuit television (CCTV) camera at the intersection of Myford Road and Walnut Avenue. The improvement, which is documented through Condition 6.30 of the proposed project resolution, will enable City staff to better monitor and potentially adjust signal timing at the intersection in response to operational queuing initiating from the project site. Additionally, Condition 6.31 would ensure that future study and appropriate measures will be required of the applicant should the proposed on-site circulation management practices prove ineffective or result in impacts to the public right-of-way. Parking and Administrative Relief The Zoning Ordinance does not contain a parking rate for community facilities. In accordance with Section 4-3-3(B) of the Zoning Ordinance, when a parking rate has not been established for a specific land use, the use shall be compared to a similar use, or a parking study shall be submitted to justify a unique parking ratio to serve the project. In conjunction with the modification application, the applicant provided a parking study prepared by LSA (PC Attachment 7). The study evaluates the parking requirements for Momentous Sports Center based on the types, timing, and intensity of activities proposed. The parking study concluded that the project would require 150 spaces during weekday non-tournament times, 329 spaces during weekday tournaments, and 952 spaces during weekend tournaments. The project site provides 333 parking spaces, which is sufficient to cover the anticipated demand during all weekday operations. To meet the parking demand during weekend tournaments, the applicant has obtained off-site parking agreements for two nearby off-site parcels. A map showing the off-site parking locations in relation to the project site is provided as PC Attachment 8. Rivian, located at 14600 Myford Road in the City of Irvine, contains up to 570 spaces for Momentous Sports Center use during weekends. Largo Concrete at 2741 Walnut Avenue provides 115 parking spaces during weekends. The applicant's parking study includes both estimates and observation of parking spaces to confirm the availability of the off-site Planning Commission Meeting June 20, 2024 Page 7 spaces pledged in the applicant's secured off-site parking agreements. With the off-site parking, the project site will have access to a total parking supply of 1 ,018 spaces on weekends. Therefore, the project provides sufficient parking to meet the maximum demand forecasted within the parking study. The table below summarizes the provided and required parking for the project. Description Weekday Weekday Weekend (Typical) (Tournament) (Tournament) Provided Spaces: - Momentous 333 333 333 - Off-site • Rivian - - 570 • Largo Concrete - - 115 TOTAL 333 333 1,018 Required Spaces (per study): 150 329 952 Surplus: 153 4 66 Off-site parking is allowable, subject to the granting of administrative relief per Section 2- 2 of the Zoning Ordinance. The project resolution includes findings demonstrating that the off-site parking is conveniently located to allow for safe and efficient access, the tournaments warranting the use of the off-site lots will have non-coincidental peak periods as the business hours of operation at the off-site locations, and the spaces utilized by Momentous Sports Center visitors will not be required for use by the tenants of the off- site parking properties. Both off-site parking locations are accessible via existing public sidewalks and signalized crosswalks at the intersection of Walnut Avenue and Myford Road. The tournaments warranting the use of the off-site properties will have non- coincidental peak periods as the business hours of operation at Rivian and Largo Concrete and the spaces utilized by Momentous Sports Center visitors will not be required for use by the tenants of the off-site parking properties during the weekend tournaments. Conditions 6.23 and 6.24 are provided in the project resolution to ensure that the applicant will expeditiously procure suitable alternative parking and/or restrict the activities of the Momentous Sports Center community facility if off-site parking issues arise, the off-site parking agreements cease to be valid, or the identified off-site parking spaces become otherwise unavailable. One of the proposed off-site parking locations (Largo Concrete) is within the City of Tustin. The applicant is responsible for ensuring that any necessary approvals are obtained from the City of Tustin for parking within the boundaries of Tustin. On January 20, 2022, the Irvine Planning Commission continued the proposed modification to a date uncertain, in order to allow for the project applicant to coordinate with the City of Tustin on applications and issues related to their off-site parking request. Since the item's continuation, the applicant filed applications with the City of Tustin and amended the proposed off-site locations to those described above. The City of Tustin has expressed a desire to refrain from action on the off-site parking request within its jurisdiction until after the modification application is approved by the City of Irvine. Staff has provided Condition 6.22 within the Planning Commission Meeting June 20, 2024 Page 8 project resolution to document the need for off-site parking approval, as applicable, from the City of Tustin. If the applicant is unable to secure land use approval or otherwise maintain the appropriate off-site parking agreements, the facility would not be permitted to host any tournaments or activities that generate a parking demand that exceeds the number of available on-site parking spaces. With the provision of off-site parking, the quantity and location of parking is appropriate to meet the demand of the community facility. The previously observed and potential future issues related to parking (such as illegal parking on unapproved sites, queuing/loading on public streets, and jaywalking) are not necessarily related to supply shortages but result from operational management deficiencies. To ensure that parking problems observed in the past do not persist, the parking study identifies numerous parking management strategies to ensure that parking demand, traffic flow, and pedestrian safety are accommodated during Momentous Sports Center operations. The strategies include providing attendants, cones, and signage to direct motorists to the appropriate parking lot(s) and bring Momentous-related traffic off the public streets. The applicant will also be responsible for relocating their parking ticket sales/collection point further into the site, ensuring that any resulting vehicle queue is contained on-site and does not impact the public right-of-way. Momentous Sports Center is required to provide crossing guards to prevent jaywalking by directing and encouraging pedestrians to utilize the crosswalk at Myford Road and Walnut Avenue. Conditions 6.19 and 6.20 within the project resolution require compliance with the various parking management strategies, make clear the applicant's responsibility to abide by these practices, and provide appropriate authority to the City to restrict or otherwise compel the applicant to alter the use of the community facility if future problems exist. Limited Term To ensure that Momentous Sports Center operates consistent with the project description presented by the applicant, and in light of the facility's complaint and enforcement history, staff is recommending that the project term be limited. Specifically, Condition 6.35 within the project resolution provides that the conditional use permit is valid for one year. Upon application by the applicant, the condition allows for the Planning Commission to extend the term and, as part of that process, also provides the Planning Commission authority to impose additional conditions as deemed necessary to address any concern that arises from the operation. Public Outreach Prior to the project's public hearing on January 20, 2022, the City mailed and posted public hearing notices. In response to the public hearing notice, staff received two comments. One comment letter was received from Luisa Lin, a landlord of the Park Irvine Business Center, located diagonally across from the project site, who expressed concern related to traffic and Momentous Sports Center patrons parking illegally on the Park Irvine Business Center site. The other comment letter was received from the City of Tustin Community Development Department, and it requested that the Irvine Planning Planning Commission Meeting June 20, 2024 Page 9 Commission continue the item until the City of Tustin has received, reviewed, and/or approved the off-site parking request for Momentous. The project applicant has since filed a parking application with the City of Tustin. On May 30, 2024, notice of the June 20, 2024 Planning Commission public hearing was mailed to interested parties and all property owners, residential occupants, and homeowners associations within 500 feet of the project site and was posted at the project site and at City-designated locations. As of the writing of this report, staff has not received any public comments regarding the proposed project. ENVIRONMENTAL REVIEW Pursuant to Section 4 of the City of Irvine California Environmental Quality Act (CEQA) procedures and Article 19 of the State CEQA Guidelines, the proposed project is categorically exempt from the requirements of CEQA under Section 15301 , Class 1 , Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures. As such, a Notice of Exemption has been prepared for the project (PC Attachment 9). ALTERNATIVES CONSIDERED As an alternative to the recommended action, the Planning Commission could: - approve the application with different findings of fact and/or modified conditions of approval; - modify any component of the project deemed to be in the City's best interest; - continue the application to a future hearing date to obtain more information; or - deny the application based on findings of fact. FINANCIAL IMPACT None. All costs associated with processing this application and project implementation are the responsibility of the applicant. REPORT PREPARED BY: Calvin Mingione, Consultant Planner PC ATTACHMENTS 1 . Vicinity Map 2. Code Enforcement Chronology 3. Information Sheet 4. Project Plans 5. Trip Analysis Report 6. Access Study 7. Parking Study 8. Map of Off-site Parking Locations Planning Commission Meeting June 20, 2024 Page 10 9. Environmental Determination - Categorical Exemption 10. Planning Commission Resolution No. 24-3957, approving Conditional Use Permit Modification 00789713-PCPM ec: Tim Strader, Starpointe Ventures (ti(a)starpointeventures.com) Michael J. Rangel, Momentous Sports Center, LP (mrangel(a-)-momentoussportscenter.com) David Kim, Momentous Sports Center, LP (dk(a)momentoussportscenter.com) Ken Wilhelm, LSA Associates, Inc (ken.wil helm(a)Isa.net) Ann Wuu, Principal Planner Grace Cho, Principal Planner Sun-Sun Tvedten Murillo, Manager of Transportation Planning Lisa Thai, Principal Transportation Planner Susan Craft, Senior Code Enforcement Officer Raymond Barragan, Principal Planner, City of Tustin (rbarragan(d)-tustinca.org) Leila Carver, Senior Planner Consultant, City of Tustin (Ica rver(a)-tustinca.org) Files: 00789713-PCPM, 00722762-PCPM, 00598359-PCPM ATTACHMENT G PLANNING COMMISSION RESOLUTION NO. 24-3957 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF IRVINE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT MODIFICATION 00789713-PCPM WITH ADMINISTRATIVE RELIEF FROM PARKING STANDARDS FOR MOMENTOUS SPORTS CENTER, A COMMUNITY FACILITY LOCATED AT 14522 AND 14524 MYFORD ROAD IN PLANNING AREA 10 (WALNUT); FILED BY MOMENTOUS SPORTS CENTER, LP WHEREAS, Momentous Sports Center, LP has filed Conditional Use Permit Modification 00789713-PCPM to modify operations at an existing community facility, Momentous Sports Center, located at 14522 and 14524 Myford Road in Planning Area 10 (Walnut); and WHEREAS, Conditional Use Permit Modification 00789713-PCPM also includes a request for administrative relief from parking standards to allow the use of off-site parking at two locations (14600 Myford Road within the City of Irvine and 2741 Walnut Avenue within the City of Tustin); and WHEREAS, the site is designated as Research and Industrial in the General Plan Land Use Element and is classified as 5.4 General Industrial by the Irvine Zoning Ordinance; and WHEREAS, Section 3-37-33 of the Zoning Ordinance allows for a community facility in the 5.4 General Industrial zoning district subject to the review and approval of a conditional use permit; and WHEREAS, on June 19, 2014, the Irvine Planning Commission approved Conditional Use Permit 00598359-PCPM to allow for the community facility at the project site; and WHEREAS, the project site is developed with two buildings. The larger building (14524 Myford Road) features 22 sport courts, an accessory cafeteria, a pro shop, restroom facilities, and ancillary spaces. The smaller building (14522 Myford Road) houses office space for administrative and coordination functions related to the Momentous Sports Center and organizations that are active clients of the facility. The site contains 333 parking spaces; and WHEREAS, the community facility was approved as a sports training and hosting venue that catered to three sports: volleyball, basketball, and futsal, which is a variant of soccer played indoor on a hard surface. The facility was approved to operate seven days a week, with hours of operation of 10 a.m. to 11 p.m. on weekdays and 7 a.m. to 9 p.m. on weekends; and WHEREAS, on December 7, 2017, the Irvine Planning Commission approved Conditional Use Permit Modification 00722762-PCPM to allow for the sale of beer and 1 PC Resolution No. 24-3957 PC ATTACHMENT 10 wine from the facility's existing cafeteria; and WHEREAS, Conditional Use Permit Modification 00789713-PCPM would expand the facility's hours of operation, amend the maximum number of athletes/staff, and update the types of activities allowed; and WHEREAS, Momentous Sports Center, LP is responsible for obtaining any necessary land use approvals from the City of Tustin for off-site parking within Tustin city limits; and WHEREAS, Conditional Use Permit Modification 00789713-PCPM is considered a "project" under regulations of the State of California Environmental Quality Act (CEQA); and WHEREAS, on November 22, 2021 , notice of the December 16, 2021 Planning Commission public hearing was mailed to all property owners and building occupants within 500 feet of the project site, mailed to the City of Tustin, and also posted at the project site and the City's public notice boards; and WHEREAS, on December 16, 2021 , the Irvine Planning Commission continued the item to their regularly scheduled meeting of January 20, 2022; and WHEREAS, on January 20, 2022, the Irvine Planning Commission continued the item to a date uncertain; and WHEREAS, in the intervening time, the applicant filed applications with the City of Tustin requesting approval for off-site parking within the City of Tustin. In response to City of Tustin review comments and changes in availability at off-site parking locations, the applicant modified their proposed off-site parking locations. City of Irvine staff required revised technical studies to be prepared and reviewed to evaluate the change of off-site parking locations; and WHEREAS, on May 30, 2024, notice of the June 20, 2024 Planning Commission public hearing was mailed to all property owners and building occupants within 500 feet of the project site, mailed to the City of Tustin, and also posted at the project site and the City's public notice boards; and WHEREAS, the Planning Commission of the City of Irvine, California has considered information presented by the Community Development Department, the applicant, and other interested parties at a public hearing June 20, 2024. NOW, THEREFORE, the Planning Commission of the City of Irvine DOES HEREBY RESOLVE as follows: SECTION 1 . The above recitals are true and correct and incorporated herein. SECTION 2. Pursuant to Section 4 of the City of Irvine CEQA procedures and 2 PC Resolution No. 24-3957 Article 19 of the State CEQA Guidelines, the proposed project has been found to be categorically exempt from the requirements of CEQA under State Guidelines Section 15301 , Class 1 (Existing Facilities). SECTION 3. The findings required to be made bythe Planning Commission for the approval of administrative relief from parking standards, as set forth by Section 2-2-7 of the Irvine Zoning Ordinance, have been made as follows: A. Due to special circumstances associated with the operation of a particular use, the proposed use will generate a parking demand significantly different from the City's parking standards. The Irvine Zoning Ordinance does not contain an established parking rate for community facilities. Consistent with the provisions of Section 4-3-3(B) of the Zoning Ordinance, LSA Associates, Inc., on behalf of the project applicant, prepared a project specific parking study dated March 2024. The study analyzed the parking demand for Momentous Sports Center based on the types, timing, and intensity of activities and attendance at the facility. The parking study concluded that the project would require 150 spaces during weekday non- tournament times, 329 spaces during weekday tournaments, and 952 spaces during weekend tournaments. The project site provides 333 parking spaces on- site. To meet the parking demand during weekend tournament scenarios, the applicant has obtained parking agreements with the representatives of two adjacent off-site parcels to use their parking lots on weekends. Rivian, located at 14600 Myford Road within the City of Irvine, provides 570 spaces. Largo Concrete at 2741 Walnut Avenue within the City of Tustin provides 115 parking spaces for use by Momentous Sports Center. Condition 6.22 is provided within this resolution to ensure that that the project obtains all necessary land use approvals from the City of Tustin for the use of the Largo Concrete property. With the off- site parking agreements and this condition in place, the community facility will have sufficient parking to meet the anticipated demand. B. The parking spaces to be provided shall be conveniently located to allow for the safe and efficient operation of the use they will serve. The off-site parking spaces are located at two parcels: 14600 Myford Road and 2741 Walnut Avenue. These off-site properties are located in close proximity to the project site. Public sidewalks, including a signalized crossing at the intersection of Myford Road and Walnut Avenue, provide pedestrian access between the project site and the parking locations. As conditioned, the applicant is required to maintain the off-site parking agreements and obtain all necessary land use approvals from the City of Tustin for the use of the off-site parking location at Largo Concrete. Therefore, the parking spaces provided are determined to be conveniently located to allow for safe and efficient operation of the use they will serve. 3 PC Resolution No. 24-3957 C. The uses which shared parking spaces are to serve, if applicable, have non- coincidental peak periods; therefore the number of spaces provided will be adequate to accommodate each use during peak periods. The parking study prepared for the proposed project shows that the typical, non- tournament, weekday parking demand for Momentous Sports Center is 150 parking spaces. Additionally, weekday tournaments are anticipated to generate 329 parking spaces. During these times, the 333 parking spaces on-site are sufficient to meet the anticipated demand. The weekend tournaments generate the greatest parking demand for the community facility and create the need for off-site parking. The two off-site parking locations operate generally consistent with typical business hours and have additional parking lot capacity during weekends. Since the off-site locations are generally closed and/or operate with a significantly reduced number of employees and visitors during the weekends when the off-site spaces would be required for tournament parking overflow, Momentous Sports Center will be utilizing spaces that would be otherwise vacant. Therefore, it has been determined that the uses which the off-site parking spaces serve have non- coincidental peak periods, and an adequate number of parking spaces are available to accommodate both uses. D. The parking spaces to be provided through off-site parking, if applicable, are not required for use at that site. The parking spaces provided at 14600 Myford Road and 2741 Walnut Avenue are not required for use at those sites during the hours in which visitors to the Momentous Sports Center will be utilizing them. The property owner of Largo Concrete will obtain all necessary approvals from City of Tustin for the use of the parking lot, as required by Condition 6.22. The off-site locations experience greatest demand for their parking lots during regular business hours on weekdays. Momentous Sports Center off-site parking needs are limited to weekend tournaments. To confirm the availability of parking spaces at the off-site locations, the parking study included counts of the number of available spaces at the Momentous Sports Center parking lot and the two off-site lots and found that the number of available parking spaces met or exceeded the number of spaces pledged in the secured off-site parking agreements. Therefore, the off-site parking spaces provided for use of Momentous Sports Center on the weekends are not required for use at either the Rivian or Largo Concrete sites. SECTION 4. The findings required to be made by the Planning Commission for the approval of a conditional use permit, set forth by Section 2-9-7 of the Irvine Zoning Ordinance, have been made as follows: A. The proposed location of the conditional use is in accord with the objectives of Chapter 1-1 of the Zoning Ordinance and the purpose of the zoning district in which the site is located. The site location has a General Plan designation of Research and Industrial and a 4 PC Resolution No. 24-3957 Zoning designation of 5.4 General Industrial. The applicant has demonstrated that the Momentous Sports Center is consistent with the Zoning Ordinance definition for community facility, and Section 3-37-33 of the Zoning Ordinance conditionally permits community facilities in the 5.4 General Industrial zoning district. The proposed modification will modify the hours of operation, types of activities, and maximum usage anticipated at the Momentous Sports Centerwhile continuing to provide a sports training and hosting venue. The project will offer sports and training activities in a facility that is open from 6 a.m. to 12 a.m. The overall site plan and floor plan associated with the previously approved conditional use permit remain consistent will not change as a result of the modification application. The modification conforms with applicable development standards, with the inclusion of administrative relief granted for off-site parking. The appropriate findings in support of the administrative relief request are outlined in Section 3 of this resolution, and Condition 6.22 documents the need for City of Tustin approval of parking within Tustin city limits. Therefore, the proposed location of the conditional use permit is in accord with the objectives of Chapter 1-1 of the Zoning Ordinance and the purpose of the zoning district in which the site is located. B. The proposed conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. The modification to the approved conditional use permit updates the project description, hours of operation, suite of allowable activities, and provision of required parking to reflect the current and anticipated operation of the community facility. It does not involve any substantial changes to the building footprint, floor plan, or site layout. The Momentous Sports Center activities will be entirely contained within the facility, and all uses occurring within the facility will be related to sports training and sports event hosting. In conjunction with the expanded hours and facilitation of sports tournaments, the applicant will implement operational improvements ensuring that the new activities do not negatively affect traffic flow and parking at the project site, on adjacent roadways, or within neighboring properties. The applicant has procured off-site parking agreements with two adjacent properties to utilize during weekend hours when tournaments are occurring at the project site. The additional parking spaces ensure that there are identified off-street areas for patrons to park. The applicant will also operate consistent with the management strategies outlined in the technical studies to ensure that Momentous Sports Center patrons are not parking, queuing, or otherwise negatively impacting the public right-of-way or adjacent properties. A number of conditions of approval have been added to this project to address any potential off-site impacts. Therefore, it has been determined that the conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. C. The proposed conditional use is compatible with the existing uses and future uses to the extent those uses are known and will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances and/or administrative relief per Chapters 2-2 and 2-37. 5 PC Resolution No. 24-3957 Land uses near the site include office, warehouse, and commercial uses. The community facility is compatible with these adjacent uses, and the programs and activities offered by Momentous Sports Center are held indoors. The technical studies prepared for the project provide various management practices at the Momentous Sports Center site to ensure that parking, traffic, and loading/unloading will be accommodated on the project site without affecting adjacent sites. Additionally, the proposed modification does not propose physical changes to the site; the community facility will not reduce the existing building setbacks, existing parking space dimensions, or existing landscaping on-site. The project complies with applicable Zoning Ordinance requirements, with the inclusion of administrative relief granted for off-site parking. Findings have been made Section 3 of this resolution in support of the administrative relief request. Therefore, it has been determined that the use is compatible with existing and future use and complies with the Zoning Ordinance. D. If the proposed conditional use permit affects land located within the coastal zone, the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program. The project is not located within a coastal zone; therefore, this finding does not apply. E. Based upon information available at the time of approval, adequate utilities, access roads, drainage, and other necessary facilities exist, or will be provided, to serve the proposed use. The project involves changes to the hours of operation, types of activities, and maximum usage for an existing community facility. Momentous Sports Center currently exists, and the project site is fully developed with existing building, parking, landscaping, access, drainage, and other necessary facilities. Therefore, it has been determined that at the time of approval, adequate utilities, access roads, drainage, and other facilities exist to serve the community facility. SECTION 5. That the Secretary to the Planning Commission of the City of Irvine shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this resolution. The Planning Commission of the City of Irvine hereby declares that the Planning Commission would have adopted this resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective. 6 PC Resolution No. 24-3957 NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Irvine DOES HEREBY APPROVE Conditional Use Permit Modification 00789713- PCPU, with administrative relief from parking standards, subject to the following conditions: Standard Condition 6.1 DISCRETIONARY CASE CHARGES The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Standard Condition 6.2 LEGAL ACTION — HOLD HARMLESS In accordance with the provisions of Section 5-5-114 of the Irvine Municipal Code and Government Code Section 66474.9, the applicant shall defend, indemnify, and hold harmless the City of Irvine and its agents, officers, and employees from and against any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void, or annul an approval by the City, including, without limitation, an action by an advisory agency, appeal board, or legislative body concerning this discretionary approval. This defense and indemnification shall include the payment of all legal costs incurred on behalf of the City in connection with the application, and the defense of any claim, action or proceeding challenging the approval. The City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. In the event a legal challenge to the discretionary approval is successful, and an award of attorney fees is made to the challenger, the applicant shall be responsible to pay the full amount of such an award. Condition 6.19 PARKING MANAGEMENT Immediately following the effective date of this approval, the applicant shall implement all parking management strategies outlined in the project's Trip Generation Report, Parking Study, and Access Study to ensure that the project does not create traffic, vehicle queuing on public streets, or instances of illegal parking that negatively impact adjacent properties or the public right-of-way. Condition 6.20 PEDESTRIAN SAFETY If subsequent to the approval of the administrative relief request for off-site parking, the Director of Community Development determines (based on observation and/or complaints received) that the parking management measures within the project's technical studies are ineffective in deterring patrons from unlawfully crossing Walnut Avenue or Myford Road, then the property owner and/or applicant shall be required to implement additional strategies ensuring pedestrian safety within 30 days. The applicant 7 PC Resolution No. 24-3957 shall be responsible for demonstrating, to the satisfaction of the Director of Community Development, that additional strategies are in place to ensure that pedestrians utilize designated pathways and crosswalks. If alternative strategies cannot be determined, all tournaments shall be prohibited and activities shall be restricted to those that can be adequately parked with the provision of on-site spaces. Condition 6.21 PROHIBITION OF PARKING AT ADJACENT SITES The applicant shall be required to notify patrons of the requirement to park on-site or at the approved off-site parking locations only. This notice shall include the addresses of the project site and the approved off-site parking locations, and it must be provided in a conspicuous place on the Momentous Sports Center website's homepage as well as at the community facility. The requirement to park within approved lots shall also be communicated to event hosts and participants in advance of any tournaments through inclusion within contracts, agreements and/or understandings between Momentous Sports Center and outside parties; brochures, literature, and published materials; and/or emails distributed to tournament participants. To ensure that there is no off-site parking onto neighboring parking lots, the applicant shall be responsible for monitoring any parking complaints and take immediate corrective action. A lack of corrective action to the satisfaction of the Director of Community Development may result in revocation of the conditional use permit. Condition 6.22 CITY OF TUSTIN APPROVALS Prior to hosting any tournaments or activities with a parking demand in excess of the 333 on-site parking spaces, the applicant shall be required to obtain all necessary approvals, as applicable, from the City of Tustin for off-site parking located within the boundaries of the City of Tustin. Evidence of approval by the City of Tustin shall be provided to the Community Development Department. Condition 6.23 OFF-SITE PARKING The applicant shall be responsible for maintaining the secured off-site parking agreements and ensuring that the spaces remain available for parking use by the facility at all required times. Should all or a portion of the off-site parking become unavailable, the property owner/applicant shall be required to notify the City of Irvine and cease the hosting of tournaments until a revised parking analysis is submitted to and approved by the City of Irvine which demonstrates that sufficient parking exists to accommodate the parking demand. If alternate parking agreements cannot be secured, tournaments shall not be permitted and activities shall be restricted to those that can be adequately parked with the provision of on-site spaces. Condition 6.24 SITE PARKING ISSUES If, subsequent to the approval of off-site parking, the Director of Community Development determines that parking issues are negatively affecting the project site, public right-of- way, or adjacent properties, the property owner may be required to submit a plan to the Director of Community Development that identifies specific measures to resolve these 8 PC Resolution No. 24-3957 problems. The plan shall be submitted within 30 days of notification by the City and shall be reviewed and approved by the Director of Community Development. The property owner shall be required, at its sole expense, to implement any modifications required by the plan within 30 days of written notice from the Director of Community Development to implement such measures, or in such time frame as directed by the Director of Community Development. (Standard Condition 6.15, as modified). Condition 6.25 INCREASE IN ATHLETES/STAFF A modification to this conditional use permit shall be submitted pursuant to Chapter 2-19 of the Irvine Zoning Ordinance and shall be subject to review and approval by the Director of Community Development should there be an increase in activity, athletes and/or staff beyond those indicated below: Weekday, non-tournament: 22 courts for volleyball practice consisting of up to 308 court participants (12 athletes and two coaches per court) plus employees and non-court users consistent with the project's Trip Analysis Report, Parking Study, and Access Study. Weekday, tournament: 15 courts utilized for tournament play consisting of up to 525 participants (450 athletes, 45 coaches, 30 referees) plus spectators, or an equivalent number of total anticipated attendees, consistent with project's Trip Analysis Report, Parking Study, and Access Study. Weekend, tournament: 22 courts for tournament play consisting of up to 1 ,166 participants (1 ,056 athletes, 88 coaches, 22 referees) plus spectators, or an equivalent number of total anticipated attendees, consistent with the project's Trip Analysis Report, Parking Study, and Access Study. Condition 6.26 NEW SPORTS OR SPORT-RELATED ACTIVITIES Any new sport or sport-related activities occurring within the facility shall not generate more than 14 participants per court, which is equivalent to the anticipated weekday demand generated by the most intensive activity (volleyball) approved under this conditional use permit and analyzed by the project's Trip Analysis Report, Parking Study, and Access Study. Condition 6.27 NEW LAND USES The applicant shall be required to obtain subsequent land use approval and/or business licenses for any new land use at the project site that is not clearly incidental or subordinate to the community facility's purpose of sports training and hosting. This requirement for subsequent land use approval includes, but is not limited to: A. the use of the project's office space at 14522 Myford Road for any purposes other than administrative and coordination functions of Momentous Sports Center and up to three Momentous Sports Center clients actively facilitating sports training and 9 PC Resolution No. 24-3957 hosting at the center; B. the use of the cafeteria within 14524 Myford Road for purposes other than the direct service of athletes, staff, and spectators otherwise on-site to participate in the typical activities hosted by Momentous Sports Center; and/or C. the use of the second floor mezzanine area within 14524 Myford Road for any additional activities that increase the maximum anticipated capacity at the site, or for any purposes other than storage or similar non-trip generating ancillary functions. Condition 6.28 WEEKDAY TOURNAMENT PARAMETERS The weekday tournaments shall occur consistent with the description provided in the project's Trip Analysis, Parking Study, and Access Study. Weekday tournaments shall begin prior to evening peak-hour traffic (commencing before 4 p.m.)and end after evening peak-hour traffic (concluding after 6.30 p.m.). The tournaments may support any of the activities permitted within the facility, but they shall not exceed the maximum usage of 15 courts for volleyball or basketball. At no times shall the weekday tournaments generate parking demand in excess of the number of parking spaces anticipated by the project's Parking Study and available on-site. Condition 6.29 LIMITATIONS ON THE NUMBER OF WEEKDAY TOURNAMENTS Subsequent to the effective date of this approval and prior to the hosting of the first weekday tournament, the applicant shall submit a pre-application with deposit to the Community Development Department. The pre-application shall be utilized for the purposes of monitoring and tracking the number of weekday tournaments. In advance of a weekday tournament, the applicant shall have submitted written notification to the Director of Community Development of the weekday tournament day(s). Written notification shall be delivered via a hardcopy letter sent through certified mail or submitted in-person at the Community Development Planning Counter or sent via an email addressed to the Director of Community Development or his/her designated assignee. The number of weekday tournaments shall not exceed 17 days per year. The applicant shall be required to submit for a special event permit and/or modify the conditional use permit pursuant to Chapter 2-19 of the Irvine Zoning Ordinance should Momentous Sports Center seek to host tournaments on more than 17 weekdays per year. Condition 6.30 CCTV AT MYFORD ROAD/WALNUT AVENUE Within 30 days of the effective date of this approval, the applicant shall submit payment of $7,150 to the City of Irvine for the installation of CCTV cameras at the intersection of Myford Road and Walnut Avenue. Condition 6.31 ADDITIONAL OPERATIONAL IMPROVEMENTS If the Director of Community Development, in coordination with the Director of Public Works and Sustainability, determines (based on observation and/or complaints received) that the implementation of the on-site circulation and parking strategies outlined in the 10 PC Resolution No. 24-3957 project's Access Study and Parking Study are ineffective and result in off-site drop- offs/pick-ups, unsafe conditions, and/or queuing in the public right of way, then the applicant shall be responsible for submitting a plan that identifies specific measures to resolve these problems. The plan shall be submitted within 30 days of notification by the City and shall be reviewed and approved by the Director of Community Development in coordination with the Director of Public Works and Sustainability. The applicant shall be responsible, at its sole expense, to implement any measures required by the plan. The additional measures may include, but need not be limited to: A. Construction of a dedicated right-turn lane on northbound Myford Road from Walnut to project main driveway (southerly driveway); B. Construction of a fence or other physical barrier restricting pedestrian access along the Walnut project frontage; C. Restrictions on the solicitation of parking fees within the project's on-site and off- site parking lots; and D. Additional staffing and signage for events to guide drivers and pedestrians safely to and from the site and adjacent parking areas. Condition 6.32 HOURS OF OPERATION Momentous Sports Center hours of operation shall not start before 6 a.m. or end after 12 a.m. The facility shall operate consistent with the maximum usage outlined in the project's technical studies. Any change in activity, scheduled tournament times, or expansion of the hours of operation will warrant further analysis and shall require the submittal of an application requesting a modification to this conditional use permit pursuant to Chapter 2- 19 of the Irvine Zoning Ordinance. Condition 6.33 SALE OF ALCOHOL HOURS Notwithstanding the operating hours listed in Condition 6.32, the hours for the sale of beer and wine from within the project's accessory cafeteria, as approved and conditioned in Planning Commission Resolution No. 17-3634, shall not expand. The sale of beer and wine shall not occur before 11 a.m. and shall cease one hour prior to closing or by 10 p.m., whichever occurs earlier. Condition 6.34 COMPLIANCE WITH PRIOR CONDITIONS Approval of this conditional use permit modification is subject to the applicable conditions of approval from Conditional Use Permit 00598359-PCPM as set forth in Planning Commission Resolution No. 14-3330, and Conditional Use Permit Modification 00722762-PCPM as set forth in Planning Commission Resolution No. 17-3634. Condition 6.35 LIMITED TERM The term of this conditional use permit shall be 365 days. At least 60 days prior to the expiration of this conditional use permit, the applicant may submit an application to the Community Development Department requesting that the Planning Commission consider extending the term of the conditional use permit. The Planning Commission shall have 11 PC Resolution No. 24-3957 the authority to grant one or more extensions to the conditional use permit and shall determine the appropriate length of time for the extension. As part of its consideration to grant an extension, the Planning Commission shall also have the authority to impose additional conditions to ensure the applicant's compliance with any City regulation, existing condition of approval, and/or to address any adverse impact that the operation is found to have on the public health, safety, and/or welfare. PASSED AND ADOPTED by the Planning Commission of the City of Irvine at a regular meeting held on the 20th day of June 2024, by the following vote: AYES COMMISSIONERS: NOES COMMISSIONERS: ABSENT COMMISSIONERS: ABSTAIN COMMISSIONERS: Unless an appeal is filed prior to the expiration of the 15-day appeal period at 5 p.m. on Friday, July 5, 2024, this action shall become effective on Saturday, July 6, 2024. CHAIR OF THE PLANNING COMMISSION FOR THE CITY OF IRVINE SECRETARY OF THE PLANNING COMMISSION FOR THE CITY OF IRVINE 12 PC Resolution No. 24-3957 ATTACHMENT LJ RESOLUTION NO. 4507 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0015 TO ESTABLISH JOINT-USE PARKING AT THE PROPERTY LOCATED AT 2741 WALNUT AVENUE, TUSTIN, FOR EMPLOYEES OF THE MOMENTOUS SPORTS CENTER, LOCATED IN THE CITY OF IRVINE'S JURISDICTIONAL BOUNDARIES AT 14522 AND 14524 MYFORD ROAD, DURING WEEKDAY EVENING AND WEEKEND TOURNAMENTS The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Michael J. Rangel to establish joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees of the Momentous Sports Center (MSC), located in the City of Irvine's jurisdictional boundaries at 14522 and 14524 Myford Road during weekday evening and weekend tournaments. B. That pursuant to Tustin City Code (TCC) Section 9264a, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a Conditional Use Permit (CUP). C. That the site is zoned as Planned Community Commercial Industrial (PC IND) and has a land-use designation of Planned Community Commercial/Business (PCCB), where office uses are permitted. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held on said application on October 22, 2024, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare, in that: 1 . That Tustin City Code (TCC) Section 9264a authorizes joint-use parking for nonresidential uses with different peak hours of operation with approval of a CUP. Resolution No. 4507 Page 2 2. A Parking Study Report dated March 2024, was prepared by a licensed traffic engineer (Ambarish Mukherjee, P.E, of LSA, Inc.) in accordance with TCC Section 9264. 3. The Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That the current use at the subject project site (2741 Walnut Avenue) is a commercial office and currently has 133 parking spaces. Pursuant to TCC 9263, the office use would require 127 off-street parking spaces, and peak hour parking demand occurs during regular business hours on weekdays and no substantial conflict will exist in the peak hours of parking demand for the commercial office use. 5. That the MSC, located in the jurisdictional boundaries of the City of Irvine, is in close proximity to the project site. The parking spaces provided at the subject property (2741 Walnut Avenue) for the benefit of MSC are limited to weekday evening and weekend tournaments when the on-site business, Largo Concrete, not in operation. 6. Public sidewalks, including a signalized crossing, at the intersection of Myford Road and Walnut Avenue are available to provide pedestrian access between the project site and the parking locations. 7. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking would be available on-site on and off- hours. II. The Planning Commission hereby approves CUP 2024-0015 authorizing the establishment of joint-use parking at the property located at 2741 Walnut Avenue, Tustin, for employees only of the Momentous Sports Center (MSC), located in the City of Irvine's jurisdictional boundaries (14522 and 14524 Myford Road) during weekday evening and weekend tournaments, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4507 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of October, 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney Resolution No. 4507 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4507 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of October, 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4507 CONDITIONAL USE PERMIT 2024-0015 JOINT-USE PARKING 2741 WALNUT AVENUE CONDITIONS OF APPROVAL GENERAL The proposed project shall substantially conform with the Parking Demand Analysis for the project date stamped October 22, 2024, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2024-0015 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed' form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4507 Page 2 (1) 1.6 CUP 2024-0015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance CUP 2024- 0015, or is found to be a nuisance or negative impacts are affecting the surrounding businesses or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2024-0015, the applicant and property owner shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS *** 2.1 A total of 133 on-site parking spaces shall be maintained at all times while the joint use parking agreement is in full effect. Any reduction of on-site parking, change of tenant spaces/uses, business hours, parking use agreement, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. *** 2.2 The joint use parking is intended for employees of Momentous Sports Center LP only and shall occur during off hours at weekday evening and weekend tournaments. *** 2.3 The applicant shall ensure no parking or traffic problems would occur by implementing strategies to accommodate the parking demand, traffic flow, and pedestrian safety during MSC operations. *** 2.4 The applicant shall not charge any fee for parking at the subject site. Exhibit A Resolution No. 4507 Page 3 *** 2.5 The applicant shall be responsible to notify the City of Tustin for any modification to their business operation that would affect the approved joint use parking. *** 2.6 The parking use agreement between 2741 Walnut Avenue LP and Momentous Sports Center LP shall be recorded at the County Clerk-Recorder's office prior to use of the joint use parking area. *** 2.7 The Joint use parking shall terminate when the Momentous Sports Center CUP is terminated by the City of Irvine. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty- eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.