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HomeMy WebLinkAboutPC2019-006 - 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 PRESOLUTION 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 Planning Commission Resolution No. PC2019-006 Paae 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: Ellmore, Koetting, Lowrey and Weigand NOES: None ABSTAIN: Kleiman, Kramer and Zak ABSENT: None C —Rater-aIF�afCFrtaFl� Eli' �r'�,16ANJ BYE Lee Planning Commission Resolution No. PC2019-006 Page 3 of 7 EXHIBIT "A" 1. 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). Planning Commission Resolution No. PC2019-006 Page 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. Planning Commission Resolution No. PC2019-006 Paae 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. V. 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 Planning Commission Resolution No. PC2019-006 Paae 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. A. 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 21.80.035 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 4. Amend the Coastal Zoning Map of NBMC Title 21 to include the "PM -1" overlay district symbol to Balboa Village area as shown as Exhibit B-1 with all other provisions of the Coastal Zoning Map remaining unchanged. 5. Amend NBMC Chapter 21.80 to add "PM -1 Balboa Village Parking Management Plan Overlay District" map as shown as Exhibit B-2 with all other provisions of Chapter 21.80 remaining unchanged. VIA enm 0 mc: Illy, d. .............. XS Exhibit B-2 r/ 4 W f �' r++ 4L ✓ter Y (/ �� Yy j t ..��. ter► �*► NOW Ry 0 i 'm N 2 LL CD >, cu 0 .0 cu m I CL C6 C cu f 1 t r f / r/ 4 W f �' r++ 4L ✓ter Y (/ �� Yy j t ..��. ter► �*► NOW Ry 0 i 'm N 2 LL CD >, cu 0 .0 cu m I CL C6 C cu