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HomeMy WebLinkAbout3.0_LCP Amendment Balboa Village Parking Overlay_PA2017-046SUBJECT: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 21, 2019 Agenda Item No. 3 Balboa Village Parking Management Overlay District (PA2017-046) Local Coastal Program Amendment No. LC2017-001 SITE LOCATION: Balboa Village Commercial District APPLICANT: City of Newport Beach OWNER: Various Owners PLANNER: Patrick J. Alford, Planning Program Manager PAlford(a'Dnewportbeachca.gov, 949-644-3235 PROJECT SUMMARY Local Coastal Program Amendment (Amendment) to establish the Balboa Village Parking Management Overlay District within the Implementation Plan of the certified Local Coastal Program (LCP). RECOMMENDATION 1) Conduct a public hearing; 2) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act, Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and 3) Adopt Resolution No. PC2019-006: A Resolution of the Planning Commission of the City of Newport Beach Recommending to the City Council of the City of Newport Beach Submittal of Local Coastal Program Amendment No. LC2017-001 to the California Coastal Commission (Attachment No. PC 1). 1 9 Balboa Village Parking Management Overlay District (PA2017-046) Planning Commission, February 21, 2019 Page 2 Vicinity Map eq Q Q<<FY e Peninsula y Park ..moi 3 Balboa Village Parking Management Overlay District (PA2017-046) Planning Commission, February 21, 2019 Page 3 INTRODUCTION Background On January 13, 2015, the City Council adopted Code Amendment No. CA2014-001, which established the Balboa Village Parking Management Overlay District (Zoning Code Section 20.28.030(D)(1)). On November 10, 2015, the City Council approved the draft LCP Implementation Plan and authorized its submittal to the California Coastal Commission (Coastal Commission) for certification. The draft Implementation Plan included the Balboa Village Parking Management Overlay District (Overlay District). On September 8, 2016, the Coastal Commission approved the Implementation Plan with modifications. These modifications included the deletion of the Overlay District. The Coastal Commission believed that there was not sufficient information or time to adopt a parking management plan as part of the Implementation Plan. However, the Coastal Commission indicated that the City could provide all the necessary information to establish the Overlay District in Balboa Village through a LCP amendment at a future date. On November 22, 2016, the City Council adopted the LCP Implementation Plan with the Coastal Commission's suggested modifications. On January 13, 2017, the Coastal Commission effectively certified the City's LCP. Analysis The proposed amendment addresses the Coastal Commission's issues that prompted the removal of the Overlay District from the certified LCP. The Overlay District The proposed amendment would incorporate the basic components of the Overlay District that are in the Zoning Code into the certified LCP Implementation Plan. The Overlay District affects properties within Balboa Village between Adams Street and A Street and does the following: 1. Eliminates Required, Off-street Parking for Most Commercial Uses. The Overlay District eliminates the off-street parking requirement for new or expanded uses, with the exception of these specified uses that generate a high demand for parking: 0 Balboa Village Parking Management Overlay District (PA2017-046) Planning Commission, February 21, 2019 Page 4 Land Use Category Examples Assembly/Meeting Facilities Conference/convention facilities, meeting halls, places of worship, and yacht clubs Commercial Recreation and Entertainment Arcades, amusement parks, billiard parlors/pool halls, cinemas, and theaters Cultural Institutions Museums and libraries Marine Services Uses Boat yards, entertainment/excursions, and marine service stations Residential Uses Single/Two/Multi-family dwelling units and mixed-use. Schools Art/Dance/music, business/vocational, and professional Visitor Accommodations Bed and breakfast inns, hotels, motels, and time shares. These uses are required to provide off-street parking consistent with the Zoning Code or they could seek relief through a Conditional Use Permit (CUP) and a Coastal Development Permit (CDP) for a parking reduction or an off-site parking agreement. 2. Maintains Existing Off -Street Parking Facilities. The Overlay District requires the retention of existing parking spaces, unless approved through a CDP. The review process would evaluate whether the subject parking represents a significant reduction in the overall parking supply of Balboa Village to ensure that parking conflicts are avoided and public access is provided. 3. Allows Shared Use of Parking Facilities. There are approximately 120 off-street parking spaces that are dedicated to tenant or customer parking within the proposed district. Making these spaces available for public use when they are not needed by the business is a more efficient utilization of these existing parking resources. The Overlay District would encourage the City to acquire or lease these private parking spaces from willing property owners to address issues of liability and maintenance. 4. Suspends Existing and Future In -Lieu Parking Fees. Currently businesses do not pay in -lieu parking fees. Prior to 2015, nine businesses in Balboa Village paid annual in -lieu parking fees ($150 per space) prior to the program's suspension. The Overlay District eliminates the possibility for in -lieu parking fees and is appropriate, given the recommendation to eliminate required parking for most commercial uses. New LCP Provisions The proposed amendment modifies the Overlay District to address issues that prompted the Coastal Commission to remove the Overlay District from the certified LCP. These issues included more details on parking spaces, user groups, parking studies, signage and alternative transportation (Attachment No. PC 2). 5 Balboa Village Parking Management Overlay District (PA2017-046) Planning Commission, February 21, 2019 Page 5 1. Implemented by CDP. The Zoning Code requires the approval of a parking management district plan by the City Council prior to the establishment of a Parking Management (PM) Overlay District. The City Council approved the Balboa Village Parking Management District Plan (BVPMDP) when the PM -1 Overlay District was adopted in 2015. The proposed amendment will require that the BVPMDP be implemented through a CDP approved by the City Council. This CDP would could be appealed to the Coastal Commission. The CDP will allow greater detail and flexibility in implementing the components of the BVPMDP. This will be particularly useful in implementing programmatic components of the plan, such as bus and shuttle service, parking restrictions and signage. Adjustments can be made as needed without the need for a LCP amendment, provided they continue to be consistent with the certified LCP. The CDP will provide a better method of incorporating the parking study information sought by the Coastal Commission, which cannot be included appropriately in the certified LCP. 2. Village Character Protection. The certified LCP recognizes that Balboa Village is characterized by a pedestrian orientation and articulated building facades. The proposed amendment will add that one of the purposes of the Overlay District is to protect and enhance the pedestrian -oriented, traditional storefront character of Balboa Village. New off-street parking facilities, driveway curb cuts, traffic control devices and other parking -related improvements can be disruptive to the character of Balboa Village. 3. Identification of User Groups. The proposed amendment will require that the Overlay District provide sufficient parking to meet the needs for Balboa Village and coastal zone visitors. 4. Parking Restrictions. The proposed amendment will allow parking restrictions (i.e., time of use, duration, pricing, etc.) to optimize use of existing parking spaces. 5. Wayfinding Program. The proposed amendment requires a wayfinding program to direct visitors to parking facilities, pedestrian and bicycle access routes and important destinations. Presently, an enhanced wayfinding sign program is being developed under the guidance of the Balboa Village Advisory Committee and staff in furtherance of the Balboa Village Master Plan. 6. Alternative Transportation. The proposed amendment encourages the use of alternative transportation, such as the Balboa Island Ferry, bicycles, buses and the Balboa Peninsula Trolley. N Balboa Village Parking Management Overlay District (PA2017-046) Planning Commission, February 21, 2019 Page 6 Environmental Review Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act, Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. Public Notice In accordance with applicable provisions of the Coastal Act and California Code of Regulations Section 13515, a notice of the proposed amendment was sent to all persons and agencies on the Notice of the Availability mailing list on January 16, 2019. A draft of the proposed amendment is available for public review and inspection at the Community Development Department (Bay B-1 st Floor) at 100 Civic Center Drive, Newport Beach, CA 92660, all branches of the Newport Beach Public Library and on the City website. Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and dwelling units within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website; copies of the notice were posted at six locations within the Balboa Village Commercial District; and the notice was sent to all persons and agencies on the Notice of Availability mailing list. Prepared by: Patrick J. Alford Planning Program Manager ATTACHMENTS PC 1 Draft Resolution PC2019-006 PC 2 Redline/Strikeout Version 02/06/79 Submitted by: y'fi�CN,y,ls-✓v ` Jim Campbell Deputy Community Development Director 7 2 Attachment PC -1 ■.1MiaMMS ff I�%iiiil4w9yLoal1fie 9 10 RESOLUTION NO. PC2019-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZE THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-001, ADDING THE BALBOA VILLAGE PARKING MANAGEMENT PLAN OVERLAY TO THE CERTIFIED LOCAL COASTAL PROGRAM, TO THE CALIFORNIA COASTAL COMMISSION (PA2017-046) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; 2. The California Coastal Commission ("Coastal Commission") approved the City of Newport Beach ("City") LCP Implementation Plan with Suggested Modifications; 3. On November 22, 2016, the City Council of the City adopted Ordinance No. 2016- 19, which adopted the LCP Implementation Plan with the Coastal Commission's Suggested Modifications; 4. The California Coastal Commission certified the City's LCP on January 13, 2017; 5. One of the Suggested Modifications deleted LCP Implementation Plan Section 21.28.030(D), which included the Balboa Village Parking Management Overlay District; 6. LCP Amendment No. LC2017-001 is necessary to incorporate the Balboa Village Parking Management Overlay District into the City's certified LCP to establish consistency with the City's Zoning Code; 7. Pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-001 were made available and a notice of the availability was distributed a minimum of six weeks prior the Planning Commission public hearing; and 8. A public hearing was held on February 21, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code 11 Planning Commission Resolution No. PC2019-006 Paqe 2 of 7 ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends that the City Council of the City of Newport Beach authorize the submittal of Local Coastal Program Amendment no. LC2017-001 to the California Coastal Commission for its review and certification; 2. LCP Amendment No. LC2017-001 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach and 3. The City's certified LCP, including this amendment, shall be implemented in a manner fully in conformity with the California Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF FEBRUARY, 2019. AYES: NOES: ABSTAIN ABSENT: Gl'� Peter Zak, Chairman Lee Lowrey, Secretary 12 Planning Commission Resolution No. PC2019-006 Paqe 3 of 7 EXHIBIT "A" Repeal and replace NBMC Section 21.28.030(A) to read as follows: A. Parking Management District Plan Required. Each PM Overlay District shall have a parking management district plan reviewed by the Commission and approved by the Council. 2. Amend NBMC Section 21.28.030 to add Section 21.28.030(E) to read as follows, with all other provisions of Section 21.28.030 remaining unchanged: E. Parking Management Overlay Districts Established. The parking management districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8 of this Implementation Plan. Balboa Village (PM -1). Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM -1. a. Purpose. The purposes of the Balboa Village Parking Management Overlay District are as follows: To protect and enhance the pedestrian -oriented, traditional storefront character of Balboa Village by reducing requirements for new off-street parking facilities and the need for driveway curb cuts, traffic control devices and other parking -related improvements that are disruptive to this environment. To establish parking programs to adequately serve the parking needs for Balboa Village and visitors to Balboa Pier and adjacent beaches and parks. iii. To modify Chapter 21.40 (Off -Street Parking) requirements to reflect that Balboa Village has a large supply of parking that is underutilized for all but the busiest summer weekends. b. Coastal Development Permit Required. The parking management district plan required by subsection (A) of this section shall not become effective until the approval of a coastal development permit by the City Council. The coastal development permit shall implement the required parking management district plan components contained in subsection (E)(1)(c) of this subsection. Any change to the parking management district plan shall only be approved in compliance with Section 21.54.070 (Changes to an Approved Coastal Development Permit). 13 Planning Commission Resolution No. PC2019-006 Paqe 4 of 7 C. Parking Management District Plan. The Balboa Village Parking Management District Plan (BVPMDP) shall include the following components: Existing Parking Facilities. The BVPMDP shall provide sufficient public parking spaces to meet the parking demand generated by visitors to the commercial district, Balboa Pier and adjacent beaches and parks. The BVPMDP shall include six public parking lots within or near the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the BVPMDP shall include the relatively small number of on -street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The BVPMDP shall maintain the bulk of spaces in these public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand. Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off-street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public. iii. Required Off -Street Parking. (A) Non-residential Uses. No off-street parking shall be required for any new non-residential use or intensification of an existing non-residential use, except the following uses, as defined by Chapter 21.70 (Definitions): Assembly/Meeting Facilities, Commercial Recreation and Entertainment, Cultural Institutions, all Marine Services Uses, Schools, and Visitor Accommodations. Uses that require off-street parking shall provide said spaces in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). (B) Residential Uses. Residential uses shall provide parking in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). (C) Preservation of Existing Off-street Parking. Existing off- street parking spaces on a development site shall be preserved unless the elimination of spaces is authorized by the approval of a coastal development permit application. Planning Commission Resolution No. PC2019-006 Paqe 5 of 7 (D) Shared Parking for Non-residential Uses. Notwithstanding the Implementation Plan requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged. Shared parking shall be subject to the following requirements: (1) Required Off-street Parking. When required, parking for non-residential uses may be satisfied by leasing nearby parking spaces at off-site locations within 1,250 feet of the parcel it serves. Development on multiple parcels with reciprocal access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuity when the use requires it and may only be discontinued if the use is discontinued. (2) Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public. (3) Parking within Mixed-use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a coastal development permit application. (4) Parking Reduction. The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions: (a) Shared parking spaces are within 1,250 feet as described in Section 21.28.030.E.5.d.1. (b) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking. (c) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses. 15 Planning Commission Resolution No. PC2019-006 Pape 6 of 7 (d) The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director. (e) The Director may require the preparation and implementation of a parking management program for the development site to address potential parking conflicts. (5) Section 21.40.110.A.2 (Joint Use of Parking Facilities) does not apply within the Balboa Village Parking Management Overlay District. (E) Private Parking Facilities Available to the General Public. Non-residential, off-street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and/or management of the parking facility. Allowing general public access to private off-street parking facilities shall not affect the property's conformance with its required off-street parking. The agreement should at a minimum address hours of availability for use by the general public, signage, maintenance, duration of agreement, and liability. iv. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in -lieu parking pursuant to Section 21.40.130 (In -Lieu Parking Fee). The requirement that existing uses within the Balboa Village Parking Management Overlay District participate in the in -lieu parking permit program shall be discontinued as of the effective date of the BVPMDP. Voluntary Employee Parking. The BVPMDP shall include a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours. vi. User Groups. The BVPDMP shall provide sufficient parking to meet the needs for Balboa Village and visitors to Balboa Pier and adjacent beaches and parks, taking into consideration time of use and seasonal demand variations. Parking shall be convenient and easily accessible for all user groups. vii. Parking Restrictions. Restrictions on time of use and duration of parking shall implemented to optimize use of existing parking spaces. Such restrictions may include variable pricing as a means 10 Planning Commission Resolution No. PC2019-006 Pace 7 of 7 to meet target occupancy levels, generate an appropriate level of turnover and encourage the use of alternative transportation. viii. Wayfinding Program, The BVPDMP shall include a wayfinding program to direct visitors to parking facilities, pedestrian and bicycle access routes and important destinations. The wayfinding program may include display real-time availability data information by signage or mobile phone applications. xi. Alternative Transportation. The BVPDMP shall accommodate and encourage use alternative transportation, including, but not limited to, the following: (A) Non -motorized use of the Balboa Island Ferry. (B) The Newport -Balboa Bike Trail. (C) Maintaining bus parking in the Balboa Pier Main Lot. (D) Maintaining public bicycle racks at street ends and other convenient locations. (E) Accommodating trolley/shuttle and ride -sharing services. 3. Amend NBMC Chapter 21.80 to add Section 21.28.030(E) to read as follows, with all other provisions of Chapter 21.80 remaining unchanged: 21.80.035 - Parking Management Overlay District Maps. PM -1 - Balboa Village Parking Management Overlay District 12 Attachment PC -2 Redline/Strikeout Version 19 20 A. Parking Management District Plan Required. Each PM Overlay District shall have a parkins manaaement district plan reviewed by the Commission and approved by the Council. 21 E. Parking Management Overlay Districts Established. The parking management districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8 of this Implementation Plan. App! eability.Balboa Village (PM -1). Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM -1. a. a. Purpose. The ese2gfposes of the Balboa Village Parking Management Overlay District is to identify existi.4,are as follows: i. To protect and requirements for new off-street parking facilities and the need for driveway curb cuts, traffic control devices and other parking -related improvements that are disruptive to this environment. ii. To establish parking programs to adequately serve the parking needs for Balboa Village. medifigd narking r gntc fer n ernes that differ frern the ha..ia rgg„iFements gf and visitors to Balboa Pier and adiacent beaches and parks. i -iii. To modify Chapter 21.40 (Off -Street Parking) requirements to reflect that Balboa Village has a large supply of parking that is underutilized for all but the busiest summer weekends. b. b. Existing PaFking Faemlities. The Gity maintaiRsCoastal Development Permit Required. The parking management district plan required by subsection (A) of this section shall not become effective until the approval of a coastal development permit by the City Council. The coastal development permit shall implement the required parking management district plan components contained in subsection (E)(1)(c) of this subsection. Any change to the parking management district plan shall only be approved in compliance with Section 21.54.070 (Changes to an Approved Coastal Development Permit). C. Parking Management District Plan. The Balboa Village Parking Management District Plan (BVPMDP) shall include the following components: Existina Parkina Facilities. The BVPMDP shall Drovide sufficient public parking spaces to meet the parking demand generated by visitors to the commercial district, Balboa Pier and adjacent beaches and parks. The BVPMDP shall include six public parking lots within or near the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the city n eyides and aiaBVPMDP shall include the relatively small number of on -street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The Gity icy teBVPMDP shall maintain the bulk of spaces in these public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand. eii. Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off-street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public. diii. Required Off -Street Parking, i fA� Non-residential Uses. No off-street parking shall be required for any new non-residential use or intensification of Ueesan existing non-residential use. except the following uses, ... as defined by the '.,'G...,,RtatiGR Pla::Chapter 21.70 (Definitions): Assembly/Meeting Facilities, Commercial Recreation and Entertainment, Cultural Institutions, all Marine Services Uses, Schools, and Visitor Accommodations. Uses that require off-street parking shall provide said spaces in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). ii-(qj Residential Uses. Residential uses shall provide parking in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). (C) Preservation of Existino Off-street Parkin Existing off-street parking spaces on a development site shall be preserved unless the elimination of spaces is authorized by the approval of a coastal development permit application by the ZGRi.,, Aa.. iRiStFRt . iv:u Shared Parking for Non-residential Uses. Notwithstanding the Implementation Plan requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged. Shared parking shall be subject to the following requirements: (Pt1) Required Off-street Parking. When required, parking for non-residential uses may be satisfied by leasing nearby parking spaces at off-site locations within 1,250 feet of the parcel it serves. Development on multiple parcels with reciprocal 23 access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuitywhen the use requires itand may only be discontinued if the use is discontinued. (k2) Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public. (S3) Parking within Mixed-use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a coastal development permit application. rn�(4) Parking Reduction. The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions: (4-a) Shared parking spaces are within 1,250 feet as described in Section 21.28.030.E.5.d.1;, (2b) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking;, (3c) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses;, (4d) The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director-, (ae) The Director may require the preparation and implementation of a parking management program for the development site to address potential parking conflicts. 24 (€5) Section 21.40.110.A.2 (Joint Use of Parking Facilities) does not apply within the Balboa Village Parking Management Overlay District. v-.JQ Private Parking Facilities Available to the General Public. Non-residential, off-street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and/or management of the parking facility. Allowing general public access to private off-street parking facilities shall not affect the property's conformance with its required off-street parking. The agreement should at a minimum address hours of availability for use by the general public, signage, maintenance, duration of agreement, and liability. eiv. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in -lieu parking pursuant to Section 21.40.130 (In -Lieu Parking Fee). The requirement that existing uses within the Balboa Village Parking Management Overlay District participate in the in -lieu parking permit program shall be discontinued as of the effective date of the DistrlptBVPMDP. #v_. Voluntary Employee Parking. The City wall develep and 9anp4ernentBVPMDP shall include a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours. Vi. User Groups. The BVPDMP shall Drovide sufficient Darkina to meet the needs for Balboa Villaoe and visitors to Balboa Pier and adjacent beaches and parks, taking into consideration time of use and seasonal demand variations. Parking shall be convenient and easily accessible for all user groups. vii. Parkina Restrictions. Restrictions on time of use and duration of parking shall implemented to optimize use of existing parking spaces. Such restrictions may include variable pricing as a means to meet target occupancy levels, generate an appropriate level of turnover and encourage the use of alternative transportation. I711�r rrritPdafSf• • • , , FISHMI GI i program to direct visitors to parking facilities, pedestrian and bicycle access routes and important destinations. The wayfinding program may include display real-time availability data information by signage or mobile phone applications. 25 xi. Alternative Transportation. The BVPDMP shall accommodate and encourage use alternative transportation, including, but not limited to, the following: (A) Non -motorized use of the Balboa Island Ferry. (B) The Newport -Balboa Bike Trail. (C) Maintaining bus parking in the Balboa Pier Main Lot. (D) Maintaining public bicycle racks at street ends and other convenient locations. (4}(E) Accommodating trolley/shuttle and ride -sharing services. 20 21.80.035 - Parking Management Overlay District Maps. PM -1 - Balboa Village Parking Management Overlay District 27 Exhibit B-2 Z H Q 0 0 L cu a as E a) m cu r - m a� Y L a as a� cu 0 �a m IL Planning Commission - February 21, 2019 Item No. 3a Additional Materials Received LCP Amendment Balboa Village Parking Overlay (PA2017-046) February 21, 2019, Planning Commission Item 3 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3. BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT (PA2017-046) I am mystified by this item on a number of levels. But then, it is well established that I am easily mystified (see, for example, the responses to my "confused" comments to the DEIR of Item 2). Regarding the proposed Draft Resolution PC2019-006 (staff report Attachment PC 1): Section 1.7 (handwritten page 11) was presumably intended to read: "Pursuant to Section 13515 of Title 14 of the California Code of Regulations..." [should it be of interest, that section is available online here 2. Section 2.1 (handwritten page 12) was presumably intended to capitalize "no." and to reference Exhibit "A" (which I assume is the amendment being recommended for approval — although not otherwise identified as such). 3. Part 3 of Exhibit "A" (handwritten page 17) says, like Part 2, that it is adding a "Section 21.28.030(E)." It actually appears to be adding a Section 21.80.035. 4. The map added by Section 21.80.035 does not appear to be included as part of Exhibit "A". One can only guess it is the item entitled "Exhibit B-2" found on the last page of the staff report (handwritten page 28). 5. It might be noted that the UPDATED public review copy of the proposed changes (posted per the Section 1.7 mentioned above, and available in the City's libraries): a. Contains an additional "Exhibit B-1" amending the City's Coastal Zoning Map which is not being presented to the Planning Commission and does not seem to be part of Resolution PC2019-006. i. It might further be noted that the text portion of the un -UPDATED review copy (still available at the Mariners Branch) included a Part 2 with language to "Amend the Coastal Zoning Map of Title 21 ..." (but did not include the present Part 1 of Exhibit "A") ii. One has to wonder why amending the Coastal Zoning Map is no longer being recommended. b. The UPDATED review copy does not contain Parts 1 and 3 of the current Exhibit „A„ I am likewise mystified by the Redline/Strikeout Version (Attachment PC 2). Since there is currently no NBMC Subsection 21.28.030.E, isn't everything on handwritten pages 22 through 26 new Oust like the changes on handwritten page 27)? What is this redlined relative to?? Is it showing changes from language previously rejected by the CCC? Or something else?? Planning Commission - February 21, 2019 Item No. 3a Additional Materials Received LCP Amendment Balboa Village Parking Overlay (PA2017-046) February 21, 2019, PC agenda Item 3 comments - Jim Mosher Page 2 of 3 I am further mystified by the intent of the changes in Part 1 of Exhibit "A" to NBMC Section 21.28.030(A) (handwritten pages 13 and 21). The language in Title 21 currently parallels NBMC Section 20.28.030(A) in saying a "district plan" has to be approved before an overlay district can be created. Is the new language trying to reverse that and say an overlay can be created before a plan is adopted? If so, is it wise to have conflicting provisions in the two codes? In that connection, I am also mystified by the statement on handwritten page 6 (item 1) that "The City Council approved the Balboa Village Parking Management District Plan (BVPMDP) when the PM -1 Overlay District was adopted in 2015." 1. Although, as just noted, NBMC Subsection 20.28.030.A says that "Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan," and although as part of Item 4 on the City Council's January 13, 2015, agenda, the Council adopted Ordinance No. 2014-20 entitled (in part) "Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District" (which duly reclassified Balboa Village), I am not aware of where the actual Balboa Village Parking Management District Plan is. 2. As best I can tell, no definite plan was adopted by Ordinance No. 2014-20. 3. Is the "plan" the series of disconnected resolutions adopted by the Council in Item 20 on November 25, 2014 (which were to include a residential permit parking program, never implemented, to offset spill-over from the reduced parking requirements in the overlay district)? 4. Or is it Chapter 5 ("PARKING MANAGEMENT PLAN") of the Balboa Village Master Plan adopted by Resolution No. 2012-84, as Item 15 on September 25, 2012? 5. The above confusion is compounded by the recommended adoption of the proposed NBMC Subsection 21.28.030.E.1.b, which calls for the district plan to be developed through the Coastal Development Permit process. a. This, again, suggests the development of a definite "district plan" embodying the many features attributed to the "BVPMDP" in the IP is a task for the future, even though the Zoning Code and the staff report suggest a BVPMDP has already been adopted. Setting aside my confusions indicated above, and the unlikely prospect of the Coastal Commission agreeing to relieve "most commercial uses" of any need to provide parking while continuing to require it of many uses the CCC would like to encourage, it appears to me the Planning Commissioners are being asked to assure the Council that the proposed new Implementation Plan language addresses the concerns raised by the version previously rejected by the CCC. To reach that conclusion, it would have seemed useful to provide the PC with the rejected version and the CCC's commentary on it. For the convenience of the Commissioners, I am appending the revised findings adopted by the CCC on pages 109 through 110 of their Item W22a-12-2016 from December 2016: Planning Commission - February 21, 2019 Item No. 3a Additional Materials Received LCP Amendment Balboa Village Parking Overlay (PA2017-046) February 21, 2019, PC agenda Item 3 comments - Jim Mosher Page 3 of 3 "Overlay Districts LUP Policy 2.9.3-14 allows for the development of parking management programs for coastal zone areas that achieve the following: 1. provides adequate, convenient parking for residents, guests, business patrons, and visitors of the Coastal Zone; 2. Optimizes use of existing parking spaces; 3. Provides for existing and future land uses; 4. Reduces traffic congestion; 5. Limits adverse parking impacts on user groups; 6. Provides improved parking information and signage; 7. Generates reasonable revenues to cover City costs; 8. Accommodates public transit and alternative modes of transportation. As proposed, the IP sets up the parameters for the creation of PM Overlay Districts and also proposes the approval of an actual PM Overlay District, the "Balboa Village Parking Management Overlay District" as depicted on Map PM -1 in Chapter 21.80 Maps Section 21.80.035. IP Section 21.28.030.8 requires the City first approve a parking management district plan to govern the proposed PM Overlay District that identifies existing and planned parking facilities within the district and establishes parking management programs necessary to adequately serve the parking needs of the area and provides for the same eight (8) issues identified in LUP Policy 2.9.3-14, and additionally, requires the parking management plan to also include a formula or procedure establishing the extent to which properties shall be exempted from off-street parking requirements.. However, Section 21.28.030.D which aims to actually adopt approval of a PM District over Balboa Village area does not include a parking management plan that clearly ex plains how the eight issues identified by the LUP and IP are addressed. For example, the City only identifies municipal parking lots within the Balboa Village PM District, including the Balboa Pier beach parking lot, and even includes on -street parking spaces in the parking inventory, but off-street parking spaces are not counted. The map of the Balboa Village PM Overlay District which is provided in the IP Maps Section, simply depicts a greyed out area on the Balboa Peninsula between Adams Street and A Street, it does not identify existing parking facilities as required. There is no description or analysis of existing and future land uses within the PM District. There is no analysis or description of area's user groups. No traffic/parking studies or data is provided. No provisions in the proposed PM District regarding parking information and signage or accommodations made in regards to public transit and alternative modes of transportation. Thus, as the proposed Balboa Village PM Overlay District as describe d in Section 21.28.030.D does not provide sufficient information to ensure that the Balboa Village PM Overlay District achieves the goals of a parking management program as provided in the LUP, a modification is necessary to strike out Section 21.28.030.D and strike out Map PM -1 in Chapter 21.80 Maps Section 21.80.035. The City may at a future date provide all the necessary information to establish a PM Overlay in the Balboa Village and establish the PM through an LCP amendment." Established in Zoning Code (Title z0) in early 2015 Extensive public outreach as part of Balboa Village Master Plan adoption (2014) 2. Adams Street to A Street 4 5• Eliminates off-street parking requirement for most commercial uses Maintains existing off-street parking facilities Allows shared use of parking facilities 02/21/2019 Community Development Department- Planning Division i �T�:TiiiriTiFl[��i�:l■moi ■ PM -1 Overlay included ■ Removed by Coastal Commission ■ Insufficient information (CLUP Policy 2.9.3-14) ■ Insufficient time oz/21/2019 Community Development Department- Planning Division I "District Plan" implemented by CDP oz/21/zoig Village Character Protection User Groups Identified Parking Restrictions Wayfinding Program Alternative Transportation Community Development Department- Planning Division 3