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
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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: Ellmore, Koetting, Lowrey and Weigand
NOES: None
ABSTAIN: Kleiman, Kramer and Zak
ABSENT: None
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Planning Commission Resolution No. PC2019-006
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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
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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.
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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.
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
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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.
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.
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