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HomeMy WebLinkAboutZA2020-081 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-139 TO REMOVE 821 EXISTING SINGLE-SPACE PARKING METERS AND INSTALL 58 NEW PARKING PAY STATIONS AND RELATED SIGNAGE CITYWIDE05-14-19 RESOLUTION NO. ZA2020-081 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-139 TO REMOVE 821 EXISTING SINGLE-SPACE PARKING METERS AND INSTALL 58 NEW PARKING PAY STATIONS AND RELATED SIGNAGE CITYWIDE (PA2020-317) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the City of Newport Beach, with respect to City property located on various public rights-of-way Citywide, requesting approval of a coastal development permit. 2. The proposed project is for the removal of 821 existing single-space parking meters and the installation of 58 new multi-space pay stations. Proposed pay stations utilize pay- by-plate systems that has been previously used in existing pay stations in the City. Proposed pay stations are solar-powered, mounted with anchor bolts to cement, and do not require electrical connections. The proposed project does not include any changes to the current parking rate or number of parking spaces provided. 3. Signage is proposed to direct the public to the pay stations. A total of 801 signs are proposed Citywide which notify the public that payment is required and provides information regarding the various methods of payment options. Where feasible, signage is mounted double-sided and on existing sign poles, light poles, and utility poles. Remaining signage is proposed to be mounted on new poles. 4. The project is located in various General Plan designations and Zoning Districts. The project is consistent with the General Plan, which sets goals for the City to provide an adequate supply of convenient parking, as well as an efficiently operated parking system. 5. The existing meters that are to be replaced by pay stations are located within the coastal zone. The project is located in various Coastal Land Use Plan designations and Coastal Zoning Districts. 6. A public hearing was held online on December 10, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2020-081 Page 2 of 6 02-03-2020 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15302, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction), because it has no potential to have a significant effect on the environment. 2. Class 2 exempts the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The proposed project consists of the replacement of existing parking meters with parking pay stations and does not involve expansion of capacity. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, 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. Coastal Land Use Plan (CLUP) Policy 3.2.2-1 requires Newport Beach (“City”) to “continue to protect public coastal access recreational opportunities through the provision of adequate support facilities and services.” The City provides abundant coastal access and recreational opportunities. The opportunities in the Coastal Zone include the beach, public parks, and commercial areas adjacent to beaches and the bay. For public access to these opportunities, public parking is provided as a support facility throughout the City through metered on-street parking and off-street parking lots. The proposed project does not alter the supply of existing public parking and provides an update to existing support facilities and services. 2. CLUP Policy 3.2.2-3 directs the City to “maintain the ability to distribute, remove and relocate support facilities and services in coastal areas in response to changes in demographics and recreational interests while continuing to provide comparable facilities and levels of service.” The City currently has 821 existing meters that serve public parking for both on-street spaces and off-street parking lots. However, the existing meters are aging and operate with antiquated technology which will no longer be supported by the manufacturer as of January 1, 2021. The existing meters receive coins and credit cards as forms of payment and are not compatible with cellular phone applications. The proposed project removes the existing meters and replaces them with 58 new pay stations. The proposed pay stations provide enhanced service to the public, as they are compatible with various cellular phone applications, provide text message reminders when parking is expiring, print receipts, and take multiple forms of payment, including credit cards, cash, and coins. Zoning Administrator Resolution No. ZA2020-081 Page 3 of 6 02-03-2020 3. CLUP Policy 3.2.2-4 directs the City to “develop parking management programs for coastal zone areas to minimize parking use conflicts between commercial uses, residential uses, and coastal zone visitors during peak summer months.” The coastal areas of the City attract a significant number of visitors, especially during peak summer months. Many of these coastal areas in the City contain a mixture of commercial and residential uses. The replacement of existing meters with updated pay stations facilitates efficient turnover of public parking and minimizes parking conflicts in these areas. All pay stations will be strategically located in areas which are convenient for patrons as they park and proceed to their desired destination. 4. The City is proposing to install various types of signage which notifies the public that payment is required, directs the public to the nearest pay station, and provides instructions on payment options. Where feasible, signage is to be mounted double- sided. Signs are proposed to be mounted on existing sign poles, new sign poles, existing light poles, and existing utility poles. The three sign types are small in scale, as they range from 1.5 square feet to 3 square feet. As required, signs mounted on poles in a pedestrian walkway will be a minimum of 7 feet above the ground to avoid pedestrian interference. 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: 1. Pay stations are proposed to be located in various areas which are between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact, and be proportional to the impact. In this case, the project replaces 821 existing single-space parking meters with 58 pay stations. Therefore, the project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, each pay station is designed and sited so as not to block or impede existing public access opportunities. 2. While the proposed project does not propose or contemplate any parking rate or hourly operation changes, existing parking rates and hours conform to the Coastal Commission Guidance Memorandum issued on October 29, 1993, which limits the increases of fees for public parking. In addition, lower-cost and free access to the coast is available to the public through alternative means. a. The Balboa Peninsula Trolley is a free public transit system provided by the City. The trolley operates in the summer months, generally between Memorial Day and Labor Day, and runs between 10:00 a.m. to 9:30 p.m. Free parking is available to visitors at a parking lot located between Avon Street and West Coast Highway, Zoning Administrator Resolution No. ZA2020-081 Page 4 of 6 02-03-2020 where the trolley stops and transports visitors to 22 total stops along the peninsula. b. The Orange County Transportation Authority (OCTA) provides multiple bus routes which originate from outside of Newport Beach and stops along the coast within the City. These routes originate from cities which include Santa Ana, Brea, Yorba Linda, and Tustin. OCTA also provides a variety of low-cost bus passes beyond senior and disabled passes, including passes for college students, a “Sun and Fun” discounted summer pass, and a “Youth Summer Pass” for students between the ages of 6 and 18 for unlimited rides in the summer. 3. Existing vertical and lateral access to the bay and beach will remain available in all locations where parking meters are replaced. The proposed pay stations are limited in footprint as each unit is approximately 5.5 feet high and 1.67 square feet in area. Pay stations are to be installed on public rights-of-way throughout the City. The project does not include any features that would obstruct access along these routes. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-139, subject to 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 of the City’s certified Local Coastal Program and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF DECEMBER, 2020. Zoning Administrator Resolution No. ZA2020-081 Page 5 of 6 02-03-2020 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved paystation plans dated with the date of this approval (except as modified by applicable conditions of approval). 2. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 3. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands or public beaches. 4. Additional pay stations may be installed to increase accessibility and usage if determined needed by the City. 5. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Erosion Control Plan. 7. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. Zoning Administrator Resolution No. ZA2020-081 Page 6 of 6 02-03-2020 8. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 9. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 13. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 15. This Coastal Development Permit No. CD2020-139 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted.