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HomeMy WebLinkAbout2014-20 - Adopting Code Amendment No. CA 2014-001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014-016) (2)ORDINANCE NO. 2014 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING CODE AMENDMENT NO. CA 2014 -001 ADOPTING THE BALBOA VILLAGE PARKING MANAGEMENT DISTRICT PLAN AND ESTABLISHING THE BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT (PA2014 -016) WHEREAS, Balboa Village was once a more vibrant commercial village serving both visitors and residents. Revitalization of the area has been a long- standing goal of the City. In 2012, the City evaluated the area with an eye to establish policies and programs to spur economic activity and better manage parking. The Balboa Village Master Plan was adopted by the City Council in September 2012, on the recommendation of the City Council ad -hoc Neighborhood Revitalization Committee and its Citizens Advisory Panel. The Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources before resorting to the construction of new parking; WHEREAS, transportation consultants Walker Parking Consultants (2009) and Nelson \Nygaard Consulting Associates (2013) both found that Balboa Village has a large supply of parking, the majority of which is located in off - street facilities owned and managed by the City. Balboa Village's parking supply is underutilized for all but the busiest summer weekends. Existing pricing and zoning regulations lead to inefficient utilization of parking and creating an unnecessary regulatory constraint to redevelopment and reinvestment; WHEREAS, the elimination of required parking for most uses within the district will support modest changes in use by removing a regulatory constraint. These potential changes in use will continue to be limited by the allowed uses and the maximum density /intensity of the various individual zoning districts within the Balboa Village Parking Management Overlay District; therefore, changes in use will remain consistent with the General Plan; WHEREAS, requiring each commercial property within Balboa Village to provide off - street parking is impractical given that most of the lots are small and currently developed without the minimum parking required by the Zoning Code. These uses are supported by the large supply of on- and off - street parking facilities provided by the City. Based upon the analysis provided by Walker Parking Consultants (2009) and Nelson \Nygaard Consulting Associates (2013), the existing supply of public and private parking is adequate to serve the needs of Balboa Village with the exception of large -scale uses that would bring large numbers of new visitors to the area; WHEREAS, the proposed Parking Management District Plan supports shared use of parking facilities that, when implemented, will lead to a more efficient use of parking; WHEREAS, the Balboa Village Advisory Committee (BVAC) held monthly public meetings between December 2013, and January 2014, that provided a forum for public participation where the implementation of the various parking strategies identified by the Balboa Village Master Plan were discussed and refined; Ordinance No. 2014 -20 Page 2 of 7 WHEREAS, on September 18, 2014, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (4 ayes, 0 noes, 3 absent), forwarded a recommendation to the City Council to adopt the Code Amendment No. 2014 -001; and NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 20.28.030 of the Newport Beach Municipal Code is hereby amended to add the following subsection to read as follows: 20.28.030 D. 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 title. 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 purpose of the Balboa Village Parking Management Overlay District is to identify existing and planned parking facilities and establish parking programs to adequately serve the parking needs for Balboa Village. Additionally, the District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 20.40 (Off - Street Parking). b. Existing Parking Facilities. The City maintains 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 provides and maintains a small number of on- street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain 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. c. 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. d. Required Off - Street Parking i. Non - residential uses: No off - street parking shall be required for any new non- residential use or intensification of uses except the following uses as defined by the Zoning Code: 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 20.40 (Off- Street Parking) and 20.38 (Nonconforming Uses and Structures). Ordinance No. 2014 -20 Page 3 of 7 ii. Residential uses: Residential uses shall provide parking in accordance with Chapters 20.40 (Off- Street Parking) and 20.38 (Nonconforming Uses and Structures). iii. Existing off - street parking spaces shall be preserved unless the elimination of spaces is authorized by the approval of a Site Development Review application by the Zoning Administrator. iv. Shared parking for non - residential uses. Notwithstanding the Zoning Code 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: (A) 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. (B) 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. (C)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 Site Development Review application. (D)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: (1) Shared parking spaces are within 1,250 feet as described in Section 20.28.030. D.5.d.1; (2) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking; (3) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses; (4) 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; (5) The Director may require the preparation and implementation of a parking management program to address potential parking conflicts. Ordinance No. 2014 -20 Page 4 of 7 (E) Section 20.40.100 (Off -Site Parking) and Section 20.40.110.B.2 (Joint Use of Parking Facilities) do not apply within the Balboa Village Parking Management Overlay District. V. 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. e. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in -lieu parking pursuant to Sections 12.44.125 and 20.40.130 of the Municipal Code. 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 District. f. Voluntary Employee Parking. The City will develop and implement a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours. Section 2: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district designation of all properties within Balboa Village to add the "PM" overlay zoning district symbol as depicted in Exhibit "A." Section 3: Add Section 20.80.035 Parking Management Overlay District Maps to add map "PM -1" as attached in Exhibit "B." Section 4: The Balboa Village Parking Management District Plan is hereby approved. Section 5: the adoption of Code Amendment No. CA2014 -001 approving the Balboa Village Parking Management District Plan and creating the Balboa Village Parking Management Overlay District is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The amendment itself does not authorize development that would directly result in physical change to the environment. The amendment could indirectly lead to changes in use within existing buildings or minor additions to existing buildings. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes are also subject to CEQA review on a project - by- project basis any potential indirect physical change resulting from this amendment would be within the scope of development currently allowed, and limited, by the Zoning Code and General Plan. Ordinance No. 2014 -20 Page 5 of 7 Section 6: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of November, 2014, and adopted on the 13th day of January, 2015, by the following vote, to -wit: Peotter, Petros, Curry, Duffield, Muldoon AYES, COUNCILMEMBERS Dixon, Mayor selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ituLL EDWARD D. SELICH, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 1"� AARON C. HARP, CITY ATTORNEY `roRr'! Ordinance No. 2014 -20 Page 6 of 7 Exhibit "A" Section 20.14.010 (Zoning Map Adopted by Reference) amended to change the zoning district designation of all properties within Balboa Village to add the "PM" overlay zoning district symbol to the existing zoning district designation. Ordinance No. 2014 -20 Page 7 of 7 Exhibit "B" Parking Management Overlay District Map PM -1 Oi O� ti VII t' of �e �e X 4 _y a cc � O C w a d E m v � O � QR a m rn m T 0 CL 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; that the foregoing ordinance, being Ordinance No. 2014 -20 was duly and regularly introduced on the 25th day of November, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of January 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January, 2015. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } r POIR P c Wr City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -20 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: 2015. Introduced Ordinance: December 3, 2014 Adopted Ordinance: January 17, 2015 In witness whereof, I have hereunto subscribed my name this 1Ith day of MW* +.r ry "K�i City Clerk V City of Newport Beach, California (Seal)