HomeMy WebLinkAboutPC2023-020 - RECOMMENDING CITY COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO COMMERCIAL PARKING (PA2021-104)RESOLUTION NO. PC2023-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO COMMERCIAL
PARKING (PA2021-104)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the California 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. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan as amended from time to time. 3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) (“Title 21”) to the City of Newport Beach Municipal Code (“NBMC”) whereby the City assumed coastal development permit-issuing authority on January 30, 2017.
4. On January 26, 2021, the City Council of the City of Newport Beach (“City”) conducted
a study session regarding parking regulations and outdoor dining. At the conclusion of the session, the City Council asked staff to study potential updates to the City’s parking regulations to modernize them, to address emerging trends such as rideshare and delivery services and identify other changes to support the retention of expanded
outdoor dining due to the COVID-19 pandemic.
5. City staff retained a parking consultant, Nelson\Nygaard, to help study best practices and returned to a City Council study session on November 30, 2021, to share some of the initial findings. The City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 21 of the NBMC related to parking (“Code Amendment”).
6. On September 7, 2022, City staff hosted a virtual community meeting to share potential changes to the regulations related to parking.
7. On October 20, 2022, the Planning Commission conducted a study session to discuss
and provide input and direction to City staff on the identified potential updates to the NBMC, including bicycle-based reductions, shared-mobility-based reductions, revised parking ratios, and administrative reductions by the Community Development Director.
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8. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article
5 (Public Participation) (“Section 13515”), drafts of the LCP Amendment were made
available, and a Notice of Availability was distributed at least six weeks prior to the anticipated final action date. 9. A public hearing was held on April 20, 2023, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. (“Ralph M. Brown Act”), Chapter 21.62 (Public Hearings) of the NBMC, and Section 13515. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 20165 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment.
SECTION 3. FINDINGS.
An amendment to Title 21 (Local Coastal Program Implementation Plan) of NBMC is a legislative act. There are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council’s
initiation and is in furtherance of the Coastal Land Use Plan’s Goals and, specifically, the following Policies: Policies:
1. 2.1.4-5.
Development shall be designed and planned to achieve high levels of architectural quality and compatibility among on-site and off-site uses. Adequate pedestrian, non-automobile
and vehicular circulation and parking shall be provided. 2. 2.9.3-2.
Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on-street and off-street parking
available for coastal access.
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3. 2.9.3-4.
Periodically review and update off-street parking requirements to ensure that new
development provides off-street parking sufficient to serve approved uses.
Facts in Support of Policies:
The Code Amendment includes revisions to the parking requirements for some commercial uses, including take-out service and full service eating and drinking establishments (i.e., “restaurants”). The Code Amendment leaves most other parking requirements intact. The Code
Amendment further considers alternative modes of transportation and encourages them
through offering reduced parking requirements when accommodations are provided.
SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Code Amendment is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit this Local Coastal Program Amendment, as set forth in Exhibit “A,”
which is attached hereto and incorporated herein by reference, to the California Coastal Commission. 3. This Code Amendment shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by ordinance of the City Council.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF APRIL 2023. AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None ABSTAIN: None
ABSENT: Ellmore
BY: ____________________________
Mark Rosene, Vice Chair
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BY: ____________________________
Sarah Klaustermeier, Secretary Attachment: Exhibit A – Title 21 (Local Coastal Program Implementation Plan) Amendment
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EXHIBIT “A”
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT A portion of Table 21.20-1 in Section 21.20.020 (Commercial Coastal Zoning Districts
Land Uses) of the NBMC is amended to read as follows:
TABLE 21.20-1
ALLOWED USES
Commercial Coastal Zoning Districts
A Allowed
— Not Allowed *
Land Use
CC CG CM
(3) CN CV
(3)
CV-
LV
(3)
OG Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A A A A A
Bars, Lounges, and Nightclubs A A A A A — —
Fast Food A A A A A A A
Food Service A A A A A A A
Take-Out Service—Fast-Casual (up to 20 seats) A A A A A A A
A portion of Table 21.22-1 in Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land
Uses) of the NBMC is amended to read as follows:
TABLE 21.22-1
ALLOWED USES
Mixed-Use Zoning Districts
A Allowed
— Not Allowed *
Land Use
MU-V
(6)
MU-
MM
(4)
MU-
CV/15th
St.
(5)(6)
Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A
Fast Food A A A
Food Service A A A
Take-Out Service—Fast-Casual (up to 20 seats) A A A
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Portions of Table 21.40-1 (Off-Street Parking Requirements) in Section 21.40.040 (Off-
Street Parking Spaces Required) of the NBMC are amended to read as follows:
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of
net public area, whichever is greater
Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Food Service with/without alcohol, with/without late hours 1 per 100 sq. ft., and 1 per 150 sq. ft. for
outdoor dining areas
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for
outdoor dining areas
Take-Out Service—Fast-Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining
areas
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
stricken and removed in its entirety as follows:
21.40.060 Reserved.
Section 21.40.110 (Adjustments to Off-Street Parking Requirements) is amended as
follows:
The number of parking spaces required by this chapter may be reduced only in compliance
with the following standards and procedures.
A. ADA Compliance. The Community Development Director may administratively reduce
parking requirements due to a loss of parking spaces because of ADA requirements
associated with tenant improvements.
B. Reduction of Required Off-Street Parking. Off-street parking requirements may be
reduced as follows:
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1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
b. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced where two or more nonresidential uses on the same site or immediately
adjacent sites have distinct and differing peak parking demands (e.g., a theater and
a bank). The review authority may grant a joint use of parking spaces between the
uses that results in a reduction in the total number of required parking spaces.
3. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced
where there is a demonstrated use of bicycles as a mode of transportation. The
review authority may reduce the number of required parking spaces by one space
for every three bicycle parking spaces provided on the same site they serve, up to
five percent of the total requirement in compliance with the following conditions:
a. The applicant has provided sufficient evidence to substantiate that there exists
a demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property
they serve.
a. An additional five percent reduction may be allowed when end-of-trip facilities for
employees are provided on the same site they serve, including, but not limited to
showers and locker facilities.
4. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent in compliance with the following conditions:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiguous feet of onsite
dedicated curb-space located entirely on private property; or
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b. There is one off-street parking space designated and signed for the use of
shared-mobility vehicles and/or pick-up/drop-off located on private property and
on the same site it is intended to serve.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the same
parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the use of
alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit,
shuttles, bicycles and walking) pursuant to Section 21.44.030 (Transportation
Demand Management); and
6. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant’s expense.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-
street parking requirements shall be approved that impacts public parking available for
coastal access.
The definition of “Take-out service, limited” in Section 21.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended as follows:
8. “Take-out service—Fast-casual” means an establishment that sells food or beverages and
that has all of the following characteristics:
a. Sales are primarily for off-site consumption;
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b. Customers order and pay for food at either a counter or service window;
c. No more than a total of 20 seats, including seats in interior areas and seats in outdoor
dining areas, may be provided for on-site consumption of food or beverages; and
d. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
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