Loading...
HomeMy WebLinkAboutZA2018-136 - COASTAL DEVELOPMENT PERMIT - FINLEY TRACT RESIDENT PARKING PERMIT PROGRAMRESOLUTION NO. ZA2018-136 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH COASTAL DEVELOPMENT PERMIT NO. CD2018-102 FOR THE FINLEY TRACT RESIDENT PARKING PERMIT PROGRAM (PA2017-132) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was prepared by the City of Newport Beach for a resident parking permit program (RP3) pursuant to Newport Beach Municipal Code (NBMC) Chapter 12.68 for the Finley Tract. 2. The Finley Tract is a residential area consisting of approximately 118 lots located between portions of Newport Bay and Newport Boulevard, west of the intersection of Finley Avenue and Newport Boulevard. 3. Streets within the Finley Tract are within the Coastal Zone and within the City's permit jurisdiction based upon the Post -Certification Permit and Appeal Jurisdiction map approved by the California Coastal Commssion. Most of the affected area is within the appeal area as shown on the map where approval of Coastal Development Permits can be appealed to the California Coastal Commission by agreeived persons. 4. Portions of the Finley Tract are located between the first public road and the shoreline of Newport Harbor within the coastal zone. 5. Properties within the Finley Tract are designated RT (Two -Unit Residential) and are within the R-2 (Two -Unit Residential) Coastal Zone District. The proposed RP3 does not affect or authorize development on private property within the Finley Tract. 6. During the preparation of this program, the City conducted three noticed community meetings for residents and property owners from the study area. The program was discussed at each meeting, and feedback was received. The meetings were held on June 29, 2017, March 26, 2018, and October 1, 2018, and were well -attended. The City also mailed a survey to residents and property owners to gauge support during the summer of 2018, where 60 percent of the 268 total survey ballots were returned and 79 percent of the participants indicated support. 7. A public hearing was held on December 13, 2018, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Local Coastal Program. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2018-136 Paqe 2 of 7 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act ("CEQA") under Class 3 (Existing Facilities). 2. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. a. The project involves implementing and enforcing parking restrictions within existing residential streets within the public right-of-way. b. No construction would occur. c. The project would include the alteration of existing infrastructure (i.e. parkways, signposts, streetlights, etc.) to add two to three dozen small parking regulatory signs on existing vertical infrastructure or to add new sign posts where none exist in parkways where deemed necessary by the City's Traffic Engineer and Public Works Department. SECTION 3. FINDINGS. In accordance with Newport Beach Municipal Code ("NBMC") Section 21.52.015 (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. LCP Coastal Land Use Plan Policy 3.1.6-1 prohibits the establishment of new preferential parking districts in the coastal zone except where such restrictions would not have a direct impact to coastal access, including the ability to use public parking. The Finley Tract is relatively isolated and not located in proximity to beaches, parks, or recreational uses. Ocean beaches are approximately 0.3 of a mile away via the shortest pedestrian route. This distance makes it inconvenient for beach visitors to park in Finley. Public testimony during the hearing supports the fact that coastal visitors do not park in the area. There are four public parking lots (Newport Blvd./32nd Street, Newport Beach Lots 1-3) and long term street parking (six -hour limit) along 32nd Street available in closer proximity to the beach than the Finley Tract. Non-resident visitor parking in the area varies and was observed to be no more than 20 vehicles at different times throughout the day, and they were primarily employees or patrons from nearby businesses. Public testimony during the hearing supports this observation. The permit program will push these visitors to park in nearby commercial parking lots or the public parking lot located at the intersection of Newport Boulevard and 32nd Street. Restricting non- resident visitors from the Finley Tract will free up spaces for residents and their visitors from needing to park in nearby commercial areas or public parking lots. Zoning Administrator Resolution No. ZA2018-136 Pape 3 of 7 The Finley Tract shoreline is on the Newport Harbor channels known as Rialto and Rivo Alto. The shoreline consists of vertical bulkheads with no intervening beach (sandy or otherwise) between the bulkhead and the water. Both sides of these channels are fully developed, primarily with single and two -unit dwellings. These channels connect with the Newport Harbor Turning Basin and Main Channel via a channel under the Newport Boulevard Bridge. Eight street ends provide coastal access to these channels in the form of viewing opportunities and access to shore moorings. No changes to these access points are authorized. No structures or barriers would be constructed in these street ends. Condition No. 4 preserves one short-term parking space (i.e. 1 -hour to 3 -hour parking limit) for the public without a resident permit at six of the eight street ends with either a shore mooring or open area for standing or sitting provided the street end accommodates parking. Condition No. 5 limits the Finley Tract RP3 to 18 months from implementation, making it a pilot program that requires monitoring. Condition No. 6 requires adjustments to the program to mitigate impacts, and it requires the termination of the program if adverse impacts to coastal access cannot be mitigated. The Finley Tract RP3 will not impact coastal access or the ability to use public parking with the incorporation of the conditions of approval, and as a result, the Finley Tract RP3 is consistent with Policy 3.1.6-1. 2. LCP Coastal Land Use Plan Policy 3.1.6-2. requires a coastal development permit to establish new, or modify existing, preferential parking districts. The subject Coastal Development Permit application satisfies this requirement. 3. LCP Coastal Land Use Plan Policy 3.1.6-3. requires the use of preferential parking permit fees to fund programs to mitigate impacts to coastal access. The program as conditioned will avoid or mitigate impacts to coastal access. Permit fees support municipal functions allowing monitoring of parking in the area. Condition No. 5 requires monitoring and if impacts to coastal access occur, Condition No. 6 requires adjustments to the program to mitigate impacts. 4. LCP Coastal Land Use Plan Policy 3.1.6-4. provides, where appropriate, the establishment of a graduated preferential parking permit fee schedule where progressively higher fees are required for each permit for households with multiple permits. The City Council has established a $17 fee for each preferential parking permit as it is the cost of issuing permits. If adverse impacts to public access occur, it may be appropriate to establish a progressively higher permit fee schedule for households with multiple permits to reduce the number of permits issued. Condition No. 7 requires the Zoning Administrator to consider such an option if adverse impacts to public access occur. Adopting such a progressive fee schedule would require City Council authorization. 5. LCP Coastal Land Use Plan Policy 3.1.6-5. limits the number of preferential parking permits issued per household to reduce potential adverse impacts to public access. Zoning Administrator Resolution No. ZA2018-136 Paqe 4 of 7 NBMC Chapter 12.68 limits the maximum number of permits per household to three for residents and their guests. Condition No. 7 also limits the maximum number to three permits per household. In addition, Condition No. 7 requires the Zoning Administrator to consider reducing the number of permits issued to each household if adverse impacts to public access occur. 6. LCP Implementation Plan (NBMC) Section 21.30A.030(C) requires new development to provide new public access under certain circumstances. The Finley Tract currently provides vertical public access to waters of Newport Harbor within eight street ends (public rights-of-way). Through these access points, adequate access to the waterfront is currently provided in the form of viewing opportunities and access to shore moorings. The program does not increase or decrease the intensity of the use of land and would not result in increased demand for coastal access. As a result, no additional access would be required on this basis due to a lack of a nexus. LCP Implementation Plan (NBMC) Section 21.30A.050(E) requires the protection of public parking that supports public access. Although Section 21.30A.050(E)(2) prohibits the public parking restrictions, it must be applied in light of LCP Coastal Land Use Plan Policies 3.1.6-1 through 3.1.6-5 that allow resident preferential parking districts where impacts to coastal access are avoided and mitigated. Section 21.30A.050(E)(3) requires the protection of existing public parking. The facts in support of Finding A above are incorporated herein by reference and with the incorporation of the Conditions of Approval. These conditions reserve public parking for public access at each of Finley Tract street ends. Therefore, the Finley Tract RP3 is consistent with Section 21.30A.050(E). Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: Adequate access to the shoreline is currently provided by eight existing public street ends that will not be modified by this permit. The Finley Tract RP3 does not impact public access to the shoreline with the implementation of the Conditions of Approval attached as Exhibit A based upon the facts in support of Finding A above. All facts in support of finding A are incorporated herein by reference. 2. The Finley Tract is developed with residential uses and no public recreational uses are developed or provided with the exception of limited improvements within the eight public street ends. The proposed project does not include any construction or barrier to public use of these street ends. Public parking will be retained in six of the eight street ends where parking is allowed without a resident permit and that have improvements (i.e. areas to stand or sit outside the street or shore boat moorings) where the public can safely access the shoreline. Finding: Zoning Administrator Resolution No. ZA2018-136 Paqe 5 of 7 C. The following alternatives were considered prior to considering the Finley Tract RP3. Facts in Support of Finding: 1. Both Lido Marina Village and the Lido House Hotel implemented parking management plans to avoid and minimize parking conflicts. The City has worked extensively with the operators of Lido Marina Village and the Lido House Hotel to discourage employees and patrons from parking in the Finley Tract prior to considering the resident parking permit program. Lido Marina Village modified the management of its parking structure to more efficiently use valet parking, and they reduced the cost of employee parking in the structure. They did this at the suggestion of the City. Additionally, they began operating a shuttle service taking employees to and from an off-site parking structure on Superior Avenue. While employees have not embraced the shuttle, the reduction of the fees and better valet service helped reduce non-resident parking in the Finley Tract. The City is also considering longer term parking on Via Oporto south of Via Lido as a pilot program to better accommodate longer parking stays typical of employees. After the initial start-up of the Lido House Hotel created some parking conflicts, the hotel operator and valet operator implemented several operational adjustments effectively eliminating hotel -related parking in the Finley Tract. However, these alternative efforts, while partially successful, have not completely eliminated the non-resident parking in the Finley Tract. 2. Modifying the program to provide short-term parking limits rather than no parking without a resident permit was an alternative considered. Such a program would allow short-term parking but might not address long-term employee or visitor parking in the area. Those seeking a longer stay would be forced to move their vehicle, thus increasing traffic on the residential streets. This alternative was rejected for these reasons. 3. Installing meters or pay stations in the area was another alternative considered. Parking fees can be an effective way to influence parking behavior. The issue with this alternative is resident opposition, and the ability for anyone, including non-residents, with a master parking permit to park a vehicle in the area without restrictions. This alternative was rejected for these reasons. 4. One alternative is to launch a dedicated outreach effort to promote that residents park in their own garage. The City has requested that residents use their garages at all times to free up more street parking. The effectiveness of this request cannot be measured. This technique also does not address guest parking needs as they typically do not park in garages. Resident guests are also visitors to the coast. One phenomenon is where residents move their car from the garage to the street to save a space for a visitor. Limiting non-resident parking in the area should reduce this observed practice. 5. Another alternative considered is to limit the program to certain hours. The parking conflict is largely attributable to nearby commercial uses so the program could be limited to typical commercial hours including evening hours due to the presence of nearby restaurants. Despite the fact that this option could be employed, regulating overnight hours is necessary because non-resident vehicles are left overnight from time -to -time. Restricting overnight hours will Zoning Administrator Resolution No. ZA2018-136 Pape 6 of 7 ensure the maximum number of spaces are available for residents when coastal visitors are not in the area. 6. The last alternative considered was to potentially limit the program seasonally similar to the pre -Coastal Act program in place in Newport Island that only restricts parking during the Summer months. This option was rejected because the area is not subject to seasonal fluctuations in non-resident parking and the area's remoteness to beaches or other areas that experience high visitor activity. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach finds this project exempt from the environmental review pursuant to Title 14 of the California Code of Regulations Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act ("CEQA") under Class 3 (Existing Facilities). 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-102, subject to the findings contained in this resolution and the conditions set forth in Exhibit 'A" which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF DECEMBER, 2018. L_z�__ �A Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-136 Paqe 7 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The project is subject to the Local Coastal Program and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant shall comply with all federal, state, and local laws with regard to the implementation of enforcement of the Finley Tract RP3. Material violation of any of those laws in connection with the program may be cause for revocation of this Coastal Development Permit. 3. Enforcement of this program shall not be commenced until after an ordinance amendment establishing a resident preferential parking zone is adopted by the City Council pursuant to NBMC Chapter 12.68 and all necessary regulatory signs are installed. 4. The City shall provide one short-term parking space (i.e. 1 -hour to 3 -hour parking limit) without a resident permit at each street end with either a shore mooring or open area for standing or sitting, provided the street end accommodates any parking whatsoever. All street ends within the Finley Tract, with the exception of Finley Avenue and Clubhouse north, meet this criteria. The short-term duration would not apply between 10 p.m. and 8 a. m. 5. The Finley Tract RP3 shall be authorized for 18 months from implementation to allow for monitoring of any impacts to public access. The City shall periodically monitor the effects of the program and present its findings at a Zoning Administrator meeting at approximately six month intervals from the implementation of the program. Implementation is the earliest date after permits are issued and regulatory signs are installed when enforcement can legally begin. 6. The City shall modify the Finley Tract RP3 within 60 days if it is found to adversely impact public access or if there are significant unanticipated spillover effects to nearby neighborhoods. Modifications to the program may include the use or reallocation of program revenue to mitigate impacts. The City shall discontinue the Finley Tract RP3 and remove all RP3-related parking regulatory signs if the modifications to the program fail to alleviate the adverse impacts to public access or unanticipated spillover effects. The City shall provide notice to area residents and permit holders prior to modifying or discontinuing the program. 7. The City shall limit the number of permits to three per household to reduce potential adverse impacts to public access. If adverse impacts to public access occur, the Zoning Administrator shall consider reducing the number of permits per household or recommend City Council adoption of a progressively higher fee schedule for households with multiple permits. 8. All parking regulatory signs installed pursuant to this CDP shall be removed after 18 months or at an earlier date if the RP3 program is terminated for any reason.