HomeMy WebLinkAbout2023-27 - Authorizing 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. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
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)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, 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;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan as amended from time to time;
WHEREAS, 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") of the City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -
issuing authority on January 30, 2017;
WHEREAS, on January 26, 2021, the City Council conducted a study session
regarding parking regulations and outdoor dining;
WHEREAS, at the conclusion of the session, the City Council provided direction
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;
WHEREAS, the City 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;
Resolution No. 2023-27
Page 2 of 4
WHEREAS, the City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 20 (Planning and Zoning) of the NBMC ("Code Amendment") and
Title 21 of the NBMC ("Local Coastal Program Amendment") related to commercial
parking;
WHEREAS, on September 7, 2022, the City hosted a virtual community meeting
to share potential changes to the regulations related to parking;
WHEREAS, 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;
WHEREAS, a duly noticed 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") and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution Nos. PC2023-019 and PC2023-020 by a unanimous vote (6 ayes —
0 nays), recommending approval of the Zoning Code Amendment and Local Coastal
Program Amendment to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; and
WHEREAS, a duly noticed public hearing was held on May 9, 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 Ralph M. Brown
Act, Chapter 21.62 (Public Hearings) of the NBMC, and 14 CCR Section 13515.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
Resolution No. 2023-27
Page 3 of 4
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Findings in Exhibit "B,"
both of which are attached hereto and incorporated by reference, to the California Coastal
Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the introduction and adoption of this ordinance
is not 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.
Resolution No. 2023-27
Page 4 of 4
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9t" day of May, 2023.
A OM
,Mayor
ATTEST:
Leilani I. Brown -
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachments: Exhibit A — Local Coastal Program Amendment (PA2021-104)
Exhibit B — Findings in Support of Local Coastal Program
Amendment (PA2021-104)
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2021-104)
I. The row entitled "Take -Out Service, Limited" in Table 21.20-1 of Section 21.20.020
(Commercial Coastal Zoning Districts Land Uses) of the NBMC is amended to read
as follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
CV-
Specific
definitions.
CC
CG
(3)
CN
(3)
LV
OG
Use
(3)
Regulations
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
II. The row entitled "Take -Out Service, Limited" in Table 21.22-1 of Section 21.22.020
(Mixed -Use Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Mixed -Use Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU_
See Part 7 of this Implementation Plan for land use
MU-V
MU
CV/15th
Specific Use
definitions.
(6)
MM
St.
Regulations
See Chapter 21.12 for unlisted uses.
(4)
(5)(6)
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
III. The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 21.40-1 (Off -Street Parking Requirements) of
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 I
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
IV. Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
deleted in its entirety and replaced with the following:
21.40.060 Reserved.
V. Section 21.40.110 (Adjustments to Off -Street Parking Requirements) is amended to
read 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:
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.
c. 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
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;
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.
EXHIBIT "B"
FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2021-104)
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.
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-27 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the gth day of May, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant,
Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik
Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this loth day of May, 2023.
1101,01,M,ell►
Leilani I. Brown
City Clerk
Newport Beach, California
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