HomeMy WebLinkAbout3.0_LCP Amendment Balboa Village Parking Overlay_PA2017-046SUBJECT:
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 21, 2019
Agenda Item No. 3
Balboa Village Parking Management Overlay District (PA2017-046)
Local Coastal Program Amendment No. LC2017-001
SITE LOCATION: Balboa Village Commercial District
APPLICANT: City of Newport Beach
OWNER: Various Owners
PLANNER: Patrick J. Alford, Planning Program Manager
PAlford(a'Dnewportbeachca.gov, 949-644-3235
PROJECT SUMMARY
Local Coastal Program Amendment (Amendment) to establish the Balboa Village Parking
Management Overlay District within the Implementation Plan of the certified Local Coastal
Program (LCP).
RECOMMENDATION
1) Conduct a public hearing;
2) Find the action statutorily exempt from the California Environmental Quality Act
(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; and
3) Adopt Resolution No. PC2019-006: A Resolution of the Planning Commission of the
City of Newport Beach Recommending to the City Council of the City of Newport
Beach Submittal of Local Coastal Program Amendment No. LC2017-001 to the
California Coastal Commission (Attachment No. PC 1).
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Balboa Village Parking Management Overlay District (PA2017-046)
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Balboa Village Parking Management Overlay District (PA2017-046)
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INTRODUCTION
Background
On January 13, 2015, the City Council adopted Code Amendment No. CA2014-001,
which established the Balboa Village Parking Management Overlay District (Zoning Code
Section 20.28.030(D)(1)).
On November 10, 2015, the City Council approved the draft LCP Implementation Plan
and authorized its submittal to the California Coastal Commission (Coastal Commission)
for certification. The draft Implementation Plan included the Balboa Village Parking
Management Overlay District (Overlay District).
On September 8, 2016, the Coastal Commission approved the Implementation Plan with
modifications. These modifications included the deletion of the Overlay District. The
Coastal Commission believed that there was not sufficient information or time to adopt a
parking management plan as part of the Implementation Plan. However, the Coastal
Commission indicated that the City could provide all the necessary information to
establish the Overlay District in Balboa Village through a LCP amendment at a future
date.
On November 22, 2016, the City Council adopted the LCP Implementation Plan with the
Coastal Commission's suggested modifications.
On January 13, 2017, the Coastal Commission effectively certified the City's LCP.
Analysis
The proposed amendment addresses the Coastal Commission's issues that prompted
the removal of the Overlay District from the certified LCP.
The Overlay District
The proposed amendment would incorporate the basic components of the Overlay District
that are in the Zoning Code into the certified LCP Implementation Plan. The Overlay
District affects properties within Balboa Village between Adams Street and A Street and
does the following:
1. Eliminates Required, Off-street Parking for Most Commercial Uses. The
Overlay District eliminates the off-street parking requirement for new or expanded
uses, with the exception of these specified uses that generate a high demand for
parking:
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Balboa Village Parking Management Overlay District (PA2017-046)
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Land Use Category
Examples
Assembly/Meeting
Facilities
Conference/convention facilities, meeting halls, places of
worship, and yacht clubs
Commercial Recreation
and Entertainment
Arcades, amusement parks, billiard parlors/pool halls,
cinemas, and theaters
Cultural Institutions
Museums and libraries
Marine Services Uses
Boat yards, entertainment/excursions, and marine service
stations
Residential Uses
Single/Two/Multi-family dwelling units and mixed-use.
Schools
Art/Dance/music, business/vocational, and professional
Visitor Accommodations
Bed and breakfast inns, hotels, motels, and time shares.
These uses are required to provide off-street parking consistent with the Zoning
Code or they could seek relief through a Conditional Use Permit (CUP) and a
Coastal Development Permit (CDP) for a parking reduction or an off-site parking
agreement.
2. Maintains Existing Off -Street Parking Facilities. The Overlay District requires
the retention of existing parking spaces, unless approved through a CDP. The
review process would evaluate whether the subject parking represents a significant
reduction in the overall parking supply of Balboa Village to ensure that parking
conflicts are avoided and public access is provided.
3. Allows Shared Use of Parking Facilities. There are approximately 120 off-street
parking spaces that are dedicated to tenant or customer parking within the
proposed district. Making these spaces available for public use when they are not
needed by the business is a more efficient utilization of these existing parking
resources. The Overlay District would encourage the City to acquire or lease these
private parking spaces from willing property owners to address issues of liability
and maintenance.
4. Suspends Existing and Future In -Lieu Parking Fees. Currently businesses do
not pay in -lieu parking fees. Prior to 2015, nine businesses in Balboa Village paid
annual in -lieu parking fees ($150 per space) prior to the program's suspension.
The Overlay District eliminates the possibility for in -lieu parking fees and is
appropriate, given the recommendation to eliminate required parking for most
commercial uses.
New LCP Provisions
The proposed amendment modifies the Overlay District to address issues that prompted
the Coastal Commission to remove the Overlay District from the certified LCP. These
issues included more details on parking spaces, user groups, parking studies, signage
and alternative transportation (Attachment No. PC 2).
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Balboa Village Parking Management Overlay District (PA2017-046)
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1. Implemented by CDP. The Zoning Code requires the approval of a parking
management district plan by the City Council prior to the establishment of a
Parking Management (PM) Overlay District. The City Council approved the Balboa
Village Parking Management District Plan (BVPMDP) when the PM -1 Overlay
District was adopted in 2015. The proposed amendment will require that the
BVPMDP be implemented through a CDP approved by the City Council. This CDP
would could be appealed to the Coastal Commission.
The CDP will allow greater detail and flexibility in implementing the components of
the BVPMDP. This will be particularly useful in implementing programmatic
components of the plan, such as bus and shuttle service, parking restrictions and
signage. Adjustments can be made as needed without the need for a LCP
amendment, provided they continue to be consistent with the certified LCP. The
CDP will provide a better method of incorporating the parking study information
sought by the Coastal Commission, which cannot be included appropriately in the
certified LCP.
2. Village Character Protection. The certified LCP recognizes that Balboa Village
is characterized by a pedestrian orientation and articulated building facades. The
proposed amendment will add that one of the purposes of the Overlay District is to
protect and enhance the pedestrian -oriented, traditional storefront character of
Balboa Village. New off-street parking facilities, driveway curb cuts, traffic control
devices and other parking -related improvements can be disruptive to the character
of Balboa Village.
3. Identification of User Groups. The proposed amendment will require that the
Overlay District provide sufficient parking to meet the needs for Balboa Village and
coastal zone visitors.
4. Parking Restrictions. The proposed amendment will allow parking restrictions
(i.e., time of use, duration, pricing, etc.) to optimize use of existing parking spaces.
5. Wayfinding Program. The proposed amendment requires a wayfinding program
to direct visitors to parking facilities, pedestrian and bicycle access routes and
important destinations. Presently, an enhanced wayfinding sign program is being
developed under the guidance of the Balboa Village Advisory Committee and staff
in furtherance of the Balboa Village Master Plan.
6. Alternative Transportation. The proposed amendment encourages the use of
alternative transportation, such as the Balboa Island Ferry, bicycles, buses and the
Balboa Peninsula Trolley.
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Balboa Village Parking Management Overlay District (PA2017-046)
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Environmental Review
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.
Public Notice
In accordance with applicable provisions of the Coastal Act and California Code of
Regulations Section 13515, a notice of the proposed amendment was sent to all persons
and agencies on the Notice of the Availability mailing list on January 16, 2019. A draft of
the proposed amendment is available for public review and inspection at the Community
Development Department (Bay B-1 st Floor) at 100 Civic Center Drive, Newport Beach, CA
92660, all branches of the Newport Beach Public Library and on the City website.
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
and dwelling units within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) at least 10 days before the scheduled meeting, consistent
with the provisions of the Municipal Code. Additionally, the item appeared on the agenda
for this meeting, which was posted at City Hall and on the City website; copies of the
notice were posted at six locations within the Balboa Village Commercial District; and the
notice was sent to all persons and agencies on the Notice of Availability mailing list.
Prepared by:
Patrick J. Alford
Planning Program Manager
ATTACHMENTS
PC 1 Draft Resolution PC2019-006
PC 2 Redline/Strikeout Version
02/06/79
Submitted by:
y'fi�CN,y,ls-✓v `
Jim Campbell
Deputy Community Development Director
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2
Attachment PC -1
■.1MiaMMS ff I�%iiiil4w9yLoal1fie
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10
RESOLUTION 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
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Planning Commission Resolution No. PC2019-006
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("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:
NOES:
ABSTAIN
ABSENT:
Gl'�
Peter Zak, Chairman
Lee Lowrey, Secretary
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Planning Commission Resolution No. PC2019-006
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EXHIBIT "A"
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).
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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
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(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.
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(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.
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
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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.
xi. 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 21.28.030(E) 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
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Attachment PC -2
Redline/Strikeout Version
19
20
A. Parking Management District Plan Required.
Each PM Overlay District shall have a
parkins manaaement district plan reviewed by the Commission and approved by the
Council.
21
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.
App! eability.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. a. Purpose. The ese2gfposes of the Balboa Village Parking
Management Overlay District is to identify existi.4,are as follows:
i. To protect and
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.
ii. To establish parking programs to adequately serve the parking
needs for Balboa Village.
medifigd narking r gntc fer n ernes that differ frern
the ha..ia rgg„iFements gf and visitors to Balboa Pier and adiacent
beaches and parks.
i -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. b. Existing PaFking Faemlities. The Gity maintaiRsCoastal
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).
C. Parking Management District Plan. The Balboa Village Parking
Management District Plan (BVPMDP) shall include the following
components:
Existina Parkina Facilities. The BVPMDP shall Drovide 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 city n eyides and
aiaBVPMDP shall include the relatively small number of
on -street parking spaces along Balboa Boulevard, Palm Street, and
Bay Avenue. The Gity icy teBVPMDP 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.
eii. 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.
diii. Required Off -Street Parking,
i fA� Non-residential Uses. No off-street parking shall be
required for any new non-residential use or intensification of
Ueesan existing non-residential use. except the following
uses, ...
as defined by the '.,'G...,,RtatiGR Pla::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).
ii-(qj 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 Existino Off-street Parkin
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 by the ZGRi.,, Aa.. iRiStFRt .
iv:u 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:
(Pt1) 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
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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 perpetuitywhen the use requires itand
may only be discontinued if the use is discontinued.
(k2) 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.
(S3) 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.
rn�(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:
(4-a) Shared parking spaces are within 1,250 feet
as described in Section 21.28.030.E.5.d.1;,
(2b) There is no significant overlap in the hours of
operation or peak parking demand of the
uses sharing the parking;,
(3c) The use of the shared parking facility will not
create traffic hazards or impacts to
surrounding uses;,
(4d) 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-,
(ae) The Director may require the preparation and
implementation of a parking management
program for the development site to address
potential parking conflicts.
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(€5) Section 21.40.110.A.2 (Joint Use of Parking
Facilities) does not apply within the Balboa Village
Parking Management Overlay District.
v-.JQ 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.
eiv. 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
DistrlptBVPMDP.
#v_. Voluntary Employee Parking. The City wall develep and
9anp4ernentBVPMDP 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 Drovide sufficient Darkina to
meet the needs for Balboa Villaoe 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. Parkina 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
to meet target occupancy levels, generate an appropriate level of
turnover and encourage the use of alternative transportation.
I711�r rrritPdafSf• • • , , FISHMI GI i
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.
25
xi. 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.
(4}(E) Accommodating trolley/shuttle and ride -sharing services.
20
21.80.035 - Parking Management Overlay District Maps.
PM -1 - Balboa Village Parking Management Overlay District
27
Exhibit B-2
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Planning Commission - February 21, 2019
Item No. 3a Additional Materials Received
LCP Amendment Balboa Village Parking Overlay (PA2017-046)
February 21, 2019, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. BALBOA VILLAGE PARKING MANAGEMENT OVERLAY
DISTRICT (PA2017-046)
I am mystified by this item on a number of levels. But then, it is well established that I am easily
mystified (see, for example, the responses to my "confused" comments to the DEIR of Item 2).
Regarding the proposed Draft Resolution PC2019-006 (staff report Attachment PC 1):
Section 1.7 (handwritten page 11) was presumably intended to read: "Pursuant to
Section 13515 of Title 14 of the California Code of Regulations..." [should it be of
interest, that section is available online here
2. Section 2.1 (handwritten page 12) was presumably intended to capitalize "no." and to
reference Exhibit "A" (which I assume is the amendment being recommended for
approval — although not otherwise identified as such).
3. Part 3 of Exhibit "A" (handwritten page 17) says, like Part 2, that it is adding a "Section
21.28.030(E)." It actually appears to be adding a Section 21.80.035.
4. The map added by Section 21.80.035 does not appear to be included as part of Exhibit
"A". One can only guess it is the item entitled "Exhibit B-2" found on the last page of the
staff report (handwritten page 28).
5. It might be noted that the UPDATED public review copy of the proposed changes
(posted per the Section 1.7 mentioned above, and available in the City's libraries):
a. Contains an additional "Exhibit B-1" amending the City's Coastal Zoning Map
which is not being presented to the Planning Commission and does not seem to
be part of Resolution PC2019-006.
i. It might further be noted that the text portion of the un -UPDATED review
copy (still available at the Mariners Branch) included a Part 2 with
language to "Amend the Coastal Zoning Map of Title 21 ..." (but did not
include the present Part 1 of Exhibit "A")
ii. One has to wonder why amending the Coastal Zoning Map is no longer
being recommended.
b. The UPDATED review copy does not contain Parts 1 and 3 of the current Exhibit
„A„
I am likewise mystified by the Redline/Strikeout Version (Attachment PC 2). Since there is
currently no NBMC Subsection 21.28.030.E, isn't everything on handwritten pages 22 through
26 new Oust like the changes on handwritten page 27)? What is this redlined relative to?? Is it
showing changes from language previously rejected by the CCC? Or something else??
Planning Commission - February 21, 2019
Item No. 3a Additional Materials Received
LCP Amendment Balboa Village Parking Overlay (PA2017-046)
February 21, 2019, PC agenda Item 3 comments - Jim Mosher Page 2 of 3
I am further mystified by the intent of the changes in Part 1 of Exhibit "A" to NBMC Section
21.28.030(A) (handwritten pages 13 and 21). The language in Title 21 currently parallels NBMC
Section 20.28.030(A) in saying a "district plan" has to be approved before an overlay district can
be created. Is the new language trying to reverse that and say an overlay can be created before
a plan is adopted? If so, is it wise to have conflicting provisions in the two codes?
In that connection, I am also mystified by the statement on handwritten page 6 (item 1) that
"The City Council approved the Balboa Village Parking Management District Plan
(BVPMDP) when the PM -1 Overlay District was adopted in 2015."
1. Although, as just noted, NBMC Subsection 20.28.030.A says that "Before approving an
amendment reclassifying land to a PM Overlay District, the Commission and Council
shall approve a parking management district plan," and although as part of Item 4 on the
City Council's January 13, 2015, agenda, the Council adopted Ordinance No. 2014-20
entitled (in part) "Adopting the Balboa Village Parking Management District Plan and
Establishing the Balboa Village Parking Management Overlay District" (which duly
reclassified Balboa Village), I am not aware of where the actual Balboa Village
Parking Management District Plan is.
2. As best I can tell, no definite plan was adopted by Ordinance No. 2014-20.
3. Is the "plan" the series of disconnected resolutions adopted by the Council in Item 20 on
November 25, 2014 (which were to include a residential permit parking program, never
implemented, to offset spill-over from the reduced parking requirements in the overlay
district)?
4. Or is it Chapter 5 ("PARKING MANAGEMENT PLAN") of the Balboa Village Master Plan
adopted by Resolution No. 2012-84, as Item 15 on September 25, 2012?
5. The above confusion is compounded by the recommended adoption of the proposed
NBMC Subsection 21.28.030.E.1.b, which calls for the district plan to be developed
through the Coastal Development Permit process.
a. This, again, suggests the development of a definite "district plan" embodying the
many features attributed to the "BVPMDP" in the IP is a task for the future, even
though the Zoning Code and the staff report suggest a BVPMDP has already
been adopted.
Setting aside my confusions indicated above, and the unlikely prospect of the Coastal
Commission agreeing to relieve "most commercial uses" of any need to provide parking while
continuing to require it of many uses the CCC would like to encourage, it appears to me the
Planning Commissioners are being asked to assure the Council that the proposed new
Implementation Plan language addresses the concerns raised by the version previously rejected
by the CCC.
To reach that conclusion, it would have seemed useful to provide the PC with the rejected
version and the CCC's commentary on it.
For the convenience of the Commissioners, I am appending the revised findings adopted by the
CCC on pages 109 through 110 of their Item W22a-12-2016 from December 2016:
Planning Commission - February 21, 2019
Item No. 3a Additional Materials Received
LCP Amendment Balboa Village Parking Overlay (PA2017-046)
February 21, 2019, PC agenda Item 3 comments - Jim Mosher Page 3 of 3
"Overlay Districts
LUP Policy 2.9.3-14 allows for the development of parking management programs for coastal
zone areas that achieve the following:
1. provides adequate, convenient parking for residents, guests, business patrons, and
visitors of the Coastal Zone;
2. Optimizes use of existing parking spaces;
3. Provides for existing and future land uses;
4. Reduces traffic congestion;
5. Limits adverse parking impacts on user groups;
6. Provides improved parking information and signage;
7. Generates reasonable revenues to cover City costs;
8. Accommodates public transit and alternative modes of transportation.
As proposed, the IP sets up the parameters for the creation of PM Overlay Districts and also
proposes the approval of an actual PM Overlay District, the "Balboa Village Parking
Management Overlay District" as depicted on Map PM -1 in Chapter 21.80 Maps Section
21.80.035. IP Section 21.28.030.8 requires the City first approve a parking management district
plan to govern the proposed PM Overlay District that identifies existing and planned parking
facilities within the district and establishes parking management programs necessary to
adequately serve the parking needs of the area and provides for the same eight (8) issues
identified in LUP Policy 2.9.3-14, and additionally, requires the parking management plan to
also include a formula or procedure establishing the extent to which properties shall be
exempted from off-street parking requirements.. However, Section 21.28.030.D which aims to
actually adopt approval of a PM District over Balboa Village area does not include a parking
management plan that clearly ex plains how the eight issues identified by the LUP and IP are
addressed. For example, the City only identifies municipal parking lots within the Balboa Village
PM District, including the Balboa Pier beach parking lot, and even includes on -street parking
spaces in the parking inventory, but off-street parking spaces are not counted. The map of the
Balboa Village PM Overlay District which is provided in the IP Maps Section, simply depicts a
greyed out area on the Balboa Peninsula between Adams Street and A Street, it does not
identify existing parking facilities as required. There is no description or analysis of existing and
future land uses within the PM District. There is no analysis or description of area's user groups.
No traffic/parking studies or data is provided. No provisions in the proposed PM District
regarding parking information and signage or accommodations made in regards to public transit
and alternative modes of transportation. Thus, as the proposed Balboa Village PM Overlay
District as describe d in Section 21.28.030.D does not provide sufficient information to ensure
that the Balboa Village PM Overlay District achieves the goals of a parking management
program as provided in the LUP, a modification is necessary to strike out Section 21.28.030.D
and strike out Map PM -1 in Chapter 21.80 Maps Section 21.80.035. The City may at a future
date provide all the necessary information to establish a PM Overlay in the Balboa Village and
establish the PM through an LCP amendment."
Established in Zoning Code (Title z0) in early 2015
Extensive public outreach
as part of Balboa Village
Master Plan adoption (2014)
2. Adams Street to A Street
4
5•
Eliminates off-street parking
requirement for most
commercial uses
Maintains existing off-street
parking facilities
Allows shared use of parking
facilities
02/21/2019
Community Development Department- Planning Division
i
�T�:TiiiriTiFl[��i�:l■moi
■ PM -1 Overlay included
■ Removed by Coastal Commission
■ Insufficient information (CLUP Policy 2.9.3-14)
■ Insufficient time
oz/21/2019
Community Development Department- Planning Division
I
"District Plan" implemented by CDP
oz/21/zoig
Village Character Protection
User Groups Identified
Parking Restrictions
Wayfinding Program
Alternative Transportation
Community Development Department- Planning Division
3