HomeMy WebLinkAbout5.0_Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)_PA2017-046
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 23, 2023
Agenda Item No. 5
SUBJECT: Implementing the Balboa Village Parking Management Overlay District
Plan (PM-1) (PA2017-046)
▪ Coastal Development Permit
SITE LOCATION: Balboa Village, generally between Adams Street and A Street on the
Balboa Peninsula
APPLICANT: City of Newport Beach
OWNER(S): Various
PLANNER: Benjamin M. Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
Consideration of a coastal development permit in accordance with Subsection
21.28.030(E) (Parking Management [PM] Overlay District – Coastal Development Permit
Required) of the Newport Beach Municipal Code. If approved, this Coastal Development
Permit will implement the City’s Balboa Village Parking Management Overlay District Plan
(PM-1), which was approved by the California Coastal Commission on September 9,
2020, and subsequently adopted by City Council on February 9, 2021. Once
implemented, the PM-1 would primarily preserve existing off-street parking, eliminate
required off-street parking for most commercial uses, allow parking reductions with a
shared parking arrangement, and provide guidance for efficient use of the existing parking
supply within Balboa Village.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) and statutorily exempt under
Sections 15262 and 15265 of the CEQA Guidelines, because it has no potential to
have a significant effect on the environment; and
3) Adopt Resolution No. PC2023-011 approving the Coastal Development Permit filed
as PA2017-046 (Attachment No. PC 1).
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VICINITY MAP
PM-1 Balboa
Village Parking
Management
Overlay
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INTRODUCTION
Background and Context
On January 13, 2015, the City Council adopted Ordinance No. 2014-20 amending Title
20 (Planning and Zoning) of the NBMC establishing the PM-1 Overlay and Plan. The PM-
1 Overlay and Plan modified the off-street parking requirements for commercial uses
within Balboa Village to spur economic activity and efficiently utilize the supply of existing
parking in an effort to preserve the unique character of the area.
The City attempted to include the PM Overlay in the City’s effort to secure a certified Local
Coastal Program. On January 13, 2017, the Coastal Commission effectively certified the
City’s LCP without the PM Overlay, and the City assumed coastal development permit-
issuing authority. At the time, it was recognized that the deletion of the PM-1 Overlay and
Plan from Title 21 (LCP Implementation Plan) would result in an inconsistency with Title
20 (Planning and Zoning) and would further prevent the City from implementing the
provisions of the PM-1 Overlay and Plan until a separate LCP Amendment is processed.
On April 9, 2019, the City Council adopted Resolution No. 2019-37 authorizing the
submittal of LCP Amendment No. LC2017-001 to the Coastal Commission to incorporate
the PM-1 Overlay and Plan that are part of the Zoning Code into the certified LCP
Implementation Plan. Resolution No. 2019-37 specified that the amendment shall not
become effective until approved by the Coastal Commission and adoption, including any
modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s)
of the City Council.
On September 9, 2020, the Coastal Commission approved the amendment with
modifications that was subsequently adopted by City Council on February 9, 2021. Title 21
requires the processing and approval of a coastal development permit prior to
implementation of PM-1 Overlay and Plan.
The City prepared the PM-1 Plan. Due to the location of several components fell within the
Coastal Commission’s permitting jurisdiction, the City applied to the Coastal Commission’s
staff for consideration on March 11, 2022. An initial review by Coastal Commission’s staff
was not completed until September 2022, and the City submitted additional responsive
information on October 20, 2022.
After receiving the resubmitted materials, the Coastal Commission’s staff informed the City
that the components of the PM-1 Plan within its permitting jurisdiction are not considered
“development” requiring a permit from the Coastal Commission. They also informed staff
that the City maintains coastal development permit authority for the implementation of the
PM-1 Overlay and Plan. Pursuant to Subsection 21.28.030(E) (Parking Management [PM]
Overlay District – Coastal Development Permit Required), the PM-1 Plan shall not become
effective until the approval of a coastal development permit by the Planning Commission.
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PM-1 Plan Components
The components summarized below are consistent with the PM-1 Overlay components in
Title 21 (see Subsection 21.28.030(F)(1) (Balboa Village Parking Management Overlay
District Plan [PM-1]). They are also generally consistent with the same in Title 20, except for
the Parking Restrictions, Wayfinding Program, and Alternative Transportation provisions.
These are unique to Title 21 and resulted from the Coastal Commission’s consideration of
the PM-1 Overlay, as described in the previous section.
• Maintains Existing Public Parking Supply. The PM-1 Plan requires the
retention of existing public parking spaces to meet the parking demand
generated by visitors to the commercial district, Balboa Pier, and adjacent
beaches and parks. Should the need arise, the City may modify, add, or
remove parking spaces through an amendment to the implementing CDP.
• Eliminates Required, Off-street Parking for Most Commercial Uses. To
optimize the use of existing public and private parking spaces and in
recognition that Balboa Village has a large supply of parking that is
underutilized during the beach off-peak season, the PM-1 Plan eliminates the
off-street parking requirement for new or expanded uses, except for these
specified uses that generate a high demand for parking:
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 Boatyards, 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 timeshares.
The above-mentioned uses are required to provide off-street parking
consistent with the LCP Implementation Plan, or they could seek relief through
a CDP for a parking reduction or an off-site parking agreement.
Elimination of the parking requirement will allow changes in use or small
additions to buildings within existing use and floor area limitations of Title 20
and the LCP. The removal of this regulatory constraint (parking) will not
directly lead to the intensification of uses as other market forces will play a
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more direct role in decisions to change use, expand and invest. The hope is
with the removal of the parking requirement, reinvestment will follow that will
help revitalize the area to better serve residents and visitors.
• Allows Shared Use of Parking Facilities. Based on an informal count, there
are approximately 161 private off-street parking spaces that are dedicated to
tenant or customer parking within the PM-1 District. Making these spaces
available for public use or other businesses when they are not needed is a
more efficient utilization of these existing parking resources. The PM-1 Plan
would allow the Director of Community Development to authorize shared
parking, subject to minimum conditions that include:
1) space located within 1,250 feet of use its intended to serve;
2) no significant overlap in hours of operation or peak parking demand
of the uses sharing the parking;
3) will not create traffic hazard or impacts surrounding uses;
4) binding agreement or legal instrument assuring joint use of parking
is required; and
5) preparation of a parking management plan to address potential
parking conflicts, if needed.
The PM-1 Plan would also encourage the City to acquire or lease these
private parking spaces from willing property owners to address issues of
liability and maintenance.
• Suspends Existing and Future In-Lieu Parking Fees. Currently businesses
do not pay in-lieu parking fees. Nine businesses in Balboa Village paid annual
in-lieu parking fees ($150 per space) prior to the program’s suspension in
2015. The revenue from existing permits (approximately $13,000 per year) is
nominal. The PM-1 Plan would suspend the program and discontinue fee
collection which is appropriate given the recommendation to eliminate
required parking for most commercial uses. The true cost of creating a parking
space is far higher and if the fee was adjusted to reflect the true cost of
parking, it would be a considerable financial burden for a business.
• Voluntary Employee Parking. The PM-1 Plan includes maintenance of the
voluntary Balboa Village Employee Permit Program that includes reduced
fees and designated parking locations for employee parking during non-
summer months and peak use times.
• Parking Restrictions. The PM-1 Plan will allow parking restrictions (i.e., time
of use, duration, pricing, etc.) to optimize use of existing parking spaces.
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• Wayfinding Program. The PM-1 Plan requires a wayfinding program to direct
visitors to parking facilities, pedestrian and bicycle access routes and
important destinations.
• Alternative Transportation. The PM-1 Plan encourages the use of
alternative transportation, such as the Balboa Island Ferry, bicycles, buses,
and the Balboa Peninsula Trolley.
DISCUSSION
Analysis
To approve a coastal development permit, the Planning Commission must evaluate the
findings from Subsection 21.52.015(F) (Coastal Development Permits – Findings and
Decision) of the NBMC and find that the proposed development:
1) Conforms to all applicable sections of the certified Local Coastal Program; and
2) 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.
Firstly, the proposed PM-1 Plan is compliant with all applicable sections of the LCP, as
analyzed in Table 1 below.
Table 1, LCP Consistency
LCP Policy Analysis
2.9.3-14. Develop parking management programs
for coastal zone areas that achieve the following:
• Provides adequate, convenient parking for
residents, guests, business patrons, and
visitors of the coastal zone;
• Optimizes use of existing parking spaces;
• Provides for existing and future land uses;
• Reduces traffic congestion;
• Limits adverse parking impacts on user
groups;
• Provides improved parking information and
signage;
• Generates reasonable revenues to cover
City costs;
• Accommodates public transit and
alternative modes of transportation.
Consistent. As evidenced and
codified by Subsection
21.28.030(F)(1) (Balboa Village
Parking Management Overlay
District Plan [PM-1]), the PM-1 is
purposed to protect the special
character of Balboa Village while
more efficiently using the existing
parking supply. The PM-1 Plan
helps to enhance the pedestrian
scale and storefront nature of the
Village while reducing the need for
new off-street parking facilities.
This further reduces the need for
curb cuts, traffic management
devices, and other parking-related
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LCP Policy Analysis
measures that would be disruptive
to the current environment. The
PM-1 Plan accounts for all users of
the parking in the Village and aims
to enhance access to recreational
and entertainment opportunities
within the coastal zone.
Furthermore, the PM-1 Plan also
provides a robust wayfinding
signage program and encourages
alternative transportation.
2.9.3-1. Site and design new development to avoid
use of parking configurations or parking
management programs that are difficult to maintain
and enforce.
Consistent. The PM-1 Plan takes
a simple and holistic approach to
parking management in Balboa
Village and helps to reduce the
need for new off-street parking
facilities.
2.9.3-2. Continue to require new development to
provide off-street parking sufficient to serve the
approved use in order to minimize impacts to public
on-street and off-street parking available for coastal
access.
Consistent. While the PM-1 Plan
eliminates or reduces off-street
parking for many commercial
uses, it does not do the same for
the more intensive commercial
uses and further does not reduce
residential or mixed-use parking
requirements.
2.9.3-3. Require that all proposed development
maintain and enhance public access to the coast by
providing adequate parking pursuant to the off-
street parking regulations of the Zoning Code in
effect as of October 13, 2005.
Consistent. See response to
2.9.3-2 above.
2.9.3-4. Periodically review and update off-street
parking requirements to ensure that new
development provides off-street parking sufficient to
serve approved uses.
Consistent. The PM-1 Plan in and
of itself is intended to help update
off-street parking requirements to
be commensurate with the
identified needs in Balboa Village.
2.9.3-5. Continue to require off-street parking in
new development to have adequate dimensions,
clearances, and access to insure their use.
Consistent. The PM-1 Plan does
not alter the design of required
parking facilities.
2.9.3-6. Prohibit new development that would result
in restrictions on public parking that would impede
or restrict public access to beaches, trails or
parklands, (including, but not limited to, the posting
Consistent. The PM-1 Plan is
intended to enhance public access
to recreational amenities and
entertainment within the coastal
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LCP Policy Analysis
of “no parking” signs, red curbing, and physical
barriers), except where such restrictions are
needed to protect public safety and where no other
feasible alternative exists to provide public safety.
zone. There is nothing that would
allow private development to
overtake public parking or restrict
access.
2.9.3-7. If public parking restrictions are allowed to
protect public safety, require new development to
provide an equivalent quantity of public parking
nearby as mitigation for impacts to coastal access
and recreation, where feasible.
Consistent. See response to
2.9.3-6 above.
2.9.3-8. Continue to require properties with
nonconforming parking to provide code- required
off-street parking when new uses, alterations or
additions result in increased parking demand.
Consistent. While the PM-1 Plan
offers flexibility, it does not affect
the nonconforming provisions that
are applicable to those uses not
covered by the PM-1 Plan.
2.9.3-9. Approve no application for a modification or
waiver of off-street parking requirements that are
found to impact public parking available for coastal
access.
Consistent. The PM-1 Plan
includes criteria that the
Community Development Director
must consider when allowing a
reduction in off-street parking.
2.9.3-13. Encourage commercial and institutional
development located near beaches and other
coastal resources to provide parking for public
access during weekends and holidays.
Consistent. See response to
2.9.3-2 above.
2.9.1-1. Continue to implement the Transportation
Demand Management Ordinance.
Consistent. The PM-1 Plan does
not negate the City’s ability to
implement the Transportation
Demand Management Ordinance.
2.9.1-2. Continue to require new development to
dedicate transit facilities, such as bus turnouts,
benches, shelters, and similar facilities, where
appropriate.
Consistent. See response to
2.9.1-1 above.
2.9.1-3. Locate and design larger commercial and
residential developments to be served by transit
and provide non-automobile circulation to serve
new development to the greatest extent possible.
Consistent. See response to
2.9.1-1 above.
2.9.1-4. Encourage the use of commercial and
institutional parking areas for use as public parking
during weekends and holidays in conjunction with
public transit or shuttles to serve coastal
recreational areas.
Consistent. See response to
2.9.3-2 above.
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2.9.1-5. Encourage OCTA to continue and expand
summer bus service to coastal recreational areas.
Consistent. Although the City
does not control OCTA’s
operations, the City has obtained
funding from OCTA to operate the
Balboa Peninsula Trolley service,
which operates during the busy
summer months and provides free
rides to visitors of the coastal zone
recreational areas.
2.9.1-6. Maintain and enhance existing public water
transportation services and encourage and provide
incentives for expansion of these uses and land
support facilities.
Consistent. The PM-1 Plan is
intended to encourage alternative
modes of transportation.
2.9.1-7. The City shall study alternative funding
mechanisms to provide a low-cost public
transportation system to serve beach areas
impacted by traffic during summertime, peak-use
periods. The City shall address feasible
implementation measures for a summertime shuttle
or other transit opportunities in the Implementation
Plan of the LCP.
Consistent. See response to
2.9.1-5 above.
2.9.1-8. Employment, retail, and entertainment
districts and coastal recreational areas should be
well served by public transit and easily accessible
to pedestrians and bicyclists. Streets, sidewalks,
bicycle paths, and recreational trails (including the
Coastal Trail) should be designed and regulated to
encourage walking, bicycling, and transit ridership.
Consistent. The PM-1 Plan aims
to encourage alternative modes of
transportation by raising
awareness of the Newport-Balboa
Bike Trail, the availability of bus
parking in the Balboa Pier Main
Lot, the installation of new bicycle
facilities in convenient locations
where demand is demonstrated,
and operation of the Balboa
Peninsula Trolley.
2.9.1-9. The City shall encourage employers to
provide incentives for transit ridership (e.g.
subsidies for transit use, shuttles to transit stations),
ridesharing, vanpools, and other transportation
demand measures designed to reduce vehicle
miles traveled.
Consistent. The PM-1 Plan
includes a voluntary employee
permit parking program, which
offers reduced fees for parking in
designated parking areas during
peak demand periods. As part of
this program, the City also
encourages employers to provide
incentives for using alternative
modes of transportation.
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LCP Policy Analysis
2.9.1-10. Encourage new developments to design
projects to facilitate transit ridership and ridesharing
through such means as locating and designing
building entries that are convenient to pedestrians
and transit riders.
Consistent. The PM-1 Plan does
not impact the design of buildings.
Instead, it helps to eliminate the
need for new curb cuts and other
measures to facilitate new parking
facilities. This helps to ensure the
pedestrian environment is
maintained.
2.9.2-3. Develop and implement a uniform signing
program to assist the public in locating, recognizing,
and utilizing public bikeways and trails.
Consistent. The PM-1 Plan
includes a robust wayfinding
signage program that was
refreshed through public outreach
with the former Balboa Village
Advisory Committee (BVAC).
2.9.2-4. Design and site new development to
provide connections to existing and proposed
bikeways and trail systems.
Consistent. The PM-1 Plan does
not interfere with the need to
enhance access in the coastal
zone.
2.9.2-5. Where appropriate, provide bicycle racks
and hitching posts at public beaches and parks.
Consistent. The PM-1 Plan
encourages bicycle ridership by
providing new or additional racks
in areas of demonstrated demand.
3.1.1-1. Protect, and where feasible, expand and
enhance public access to and along the shoreline
and to beaches, coastal waters, tidelands, coastal
parks, and trails.
Consistent. See response to
2.9.3-14 above.
3.1.1-2. Protect and enhance all existing public
street ends providing public access to the shoreline,
beaches, coastal parks, and trails.
Consistent. See response to
2.9.3-14 above.
3.1.1-9. Protect, expand, and enhance a system of
public coastal access that achieves the following:
• Maximizes public access to and along the
shoreline;
• Includes pedestrian, hiking, bicycle, and
equestrian trails;
• Provides connections to beaches, parks,
and recreational facilities;
• Provides connections with trail systems of
adjacent jurisdictions;
• Provides access to coastal view corridors;
• Facilitates alternative modes of
transportation;
Consistent. See response to
2.9.3-14 above.
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• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat
areas;
• Does not violate private property rights.
3.1.1-11. Require new development to minimize
impacts to public access to and along the shoreline.
Consistent. The PM-1 Plan helps
to eliminate the need for new curb
cuts and other measures to
facilitate new parking facilities.
This helps to ensure the
pedestrian environment is
maintained.
3.2.2-1. Continue to protect public coastal access
recreational opportunities through the provision of
adequate support facilities and services.
Consistent. The PM-1 Plan is
purposed with taking a holistic
approach to parking management
in the Balboa Village. It does not
preclude the City from providing
adequate support facilities.
3.2.2-4. 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.
Consistent. See responses to
2.9.3-14 and 2.9.3-2 above.
3.2.1-1. Protect, and where feasible, expand and
enhance recreational opportunities in the coastal
zone.
Consistent. The PM-1 Plan is a
framework to manage the existing
parking supply in Balboa Village
that enhances opportunities for
coastal amenities.
3.2.1-2. Continue to provide opportunities for a wide
range of recreational activities at City parks and
beaches.
Consistent. The PM-1 Plan does
not impact the use of public parks
and beaches.
3.2.1-5. Continue to allow recreational commercial
uses in commercial areas adjacent to beaches and
the bay.
Consistent. The PM-1 Plan does
not preclude these uses from
locating in Balboa Village.
Secondly, the proposed PM-1 Plan is compliant with Title 21, as described below.
1) Consistent with Subsections 21.28.030(B)(3), 21.28.030(B)(4), and 21.28.030(B)(5)
of the NBMC.
The PM-1 Plan helps to protect the special community character of Balboa Village 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
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curb cuts, traffic control devices and other parking-related improvements that are
disruptive to this environment or result in a loss of public on-street parking. This is
achieved through a variety of measures including maintaining existing private and
public parking facilities, allowing opportunities for shared parking with other uses, and
encouraging alternative modes of transportation.
2) Consistent with Subsection 21.28.030(B)(1) of the NBMC.
The PM-1 Plan helps to establish parking programs to adequately serve the parking
needs for Balboa Village residents, visitors, and businesses and for recreational
visitors to Balboa Pier and adjacent beaches and parks. This is achieved through
maintaining public parking facilities, authorizing shared parking with other uses and
properties, and establishing voluntary employee parking programs.
3) Consistent with Subsection 21.28.030(B)(2) of the NBMC.
The PM-1 Plan serves to modify the requirements of Chapter 21.40 (Of-Street
Parking), or any successor chapter, to optimize the use of existing public and private
parking spaces reflecting Balboa Village has a large supply of public parking that is
underused during the beach off-peak season.
4) Consistent with Subsection 21.28.0309B)(6) of the NBMC.
The PM-1 Plan helps to provide improved parking information and signage by
incorporating wayfinding signs so as to ensure visitors are oriented toward available
off-site parking or alternative modes of transportation.
5) Consistent with Subsection 21.28.030(B)(8) of the NBMC.
The PM-1 Plan helps provide greater accommodation for public transit and alternative
modes of transportation. In particular, the PM-1 Plan aims to encourage pedestrian
and bicyclist use of the Balboa Island Ferry, raising awareness of the Newport-Balboa
Bike Trial, bus parking in the Balboa Pier Main Lot, providing new or additional bicycle
racks where demand is demonstrated, and continuing trolley service throughout
Balboa Peninsula during the summer months.
Consistency Summary
As described in the foregoing section, the PM-1 Plan is consistent with the City’s certified
adopted LCP and its implementation plan (Title 21).
The PM-1 Plan seeks to ensure there is the adequate, convenient, and efficient use of
the parking supply within Balboa Village through a comprehensive plan that guides
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development. It further helps to reduce barriers to entry for new visitor-serving commercial
uses while limiting adverse parking impacts on user groups.
Since the PM-1 Plan takes a holistic approach to parking management in a challenging
area that is rich with coastal resources, it in turn helps to enhance public access to coastal
resources and recreation opportunities.
The draft resolution is attached as Attachment No. PC 1 to this report and includes all the
appropriate recitals to substantiate the findings and approve the PM-1 Plan consistent
with staff’s recommendation.
Environmental Review
The approval of the CDP to implement the PM-1 Plan is not subject to the California
Environmental Quality Act (CEQA) pursuant to the following Sections of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3:
• 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment); and
• 15060(c)(3) (the activity is not a project as defined in Section 15378).
Furthermore, the approval is statutorily exempt from CEQA pursuant to the following
Sections of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3:
• 15262 (Feasibility and Planning Studies); and
• 15265 (Adoptions of Coastal Plans and Programs).
Implementation of the PM-1 has no potential for resulting in a physical change to the
environment, directly or indirectly. Each development project using the provisions of the
PM-1 Plan will be evaluated on its own merits against CEQA. Implementation of the PM-
1 Plan sets forth a holistic framework for managing existing parking only in the PM-1
District and is an activity that is consistent with the California Coastal Act and the City’s
adopted and certified LCP.
Public Notice
Notice of this hearing was published in the Daily Pilot and mailed to all owners of property
and residential occupants inside and within 300 feet of the boundaries of the PM-1
(excluding intervening rights-of-way and waterways) at least 10 days before the
scheduled meeting, consistent with the provisions of the NBMC. Additionally, the item
appeared on the agenda for this meeting, which was posted at City Hall and on the city
website.
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Prepared by: Submitted by:
______________________
Benjamin M. Zdeba, AICP
Principal Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings, Including the PM-1 Plan as Exhibit “A”
01/18/23
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Attachment No. PC 1
Draft Resolution with Findings, including
the PM-1 Plan as Exhibit “A”
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RESOLUTION NO. PC2023-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
COASTAL DEVELOPMENT PERMIT TO IMPLEMENT THE
BALBOA VILLAGE PARKING MANAGEMENT OVERLAY
DISTRICT PLAN (PM-1) (PA2017-046)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. In January 2015, the City Council adopted Ordinance No. 2014-20 establishing the Balboa
Village Parking Management Overlay District and Plan (“PM-1 Overlay and Plan”)
modifying required off-street parking requirements within the Balboa Village area. The PM-
1 Overlay and Plan were added to Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code (“NBMC”).
2. A Local Coastal Program (“LCP”) amendment to incorporate the PM-1 Overlay and Plan
into Title 21 (Local Coastal Program Implementation Plan) (“Title 21”) of the NBMC was
approved by the California Coastal Commission (Coastal Commission) on September 9,
2020, with suggested modifications, and subsequently adopted by City Council on
February 9, 2021. Title 21 requires the processing and approval of a coastal development
permit prior to implementation of PM-1 Overlay and Plan.
3. The City prepared the Balboa Village Parking Management Overlay District Plan (“PM-1
Plan”). Due to the location of several components within the Coastal Commission’s
permitting jurisdiction, the City submitted an application to the Coastal Commission’s staff
for consideration on March 11, 2022. An initial review by Coastal Commission’s staff was
not completed until September 2022, and the City submitted additional responsive
information on October 20, 2022.
4. After receiving the resubmitted materials, the Coastal Commission’s staff informed the City
that the components of the PM-1 Plan, which is attached hereto as Exhibit “A” and
incorporated herein by reference, within its permitting jurisdiction are not considered
“development” requiring review by the Coastal Commission, and that the City maintains
coastal development permit authority for the implementation of the PM-1 Overlay and Plan.
5. A public hearing was held by the Planning Commission on February 23, 2023, in the City
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
(Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this public
hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Adoption of the PM-1 Plan is not subject to the California Environmental Quality Act
(“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378), and is statutorily exempt under
Sections 15262 (Feasibility and Planning Studies) and 15265 (Adoptions of Local
Coastal Programs) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3.
2. Implementation of the PM-1 has no potential for resulting in a physical change to the
environment, directly or indirectly. Each development project using the provisions of the
PM-1 Plan will be evaluated on its own merits against CEQA. Implementation of the PM-
1 Plan sets forth a holistic framework for managing existing parking only in the PM-1
District and is an activity that is consistent with the California Coastal Act and the City’s
adopted and certified LCP.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 21.52.015 (coastal Development Permits, Findings, and Decision)
of the NBMC, the following findings and facts in support of a coastal development permit are
set forth herein:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The PM-1 Plan is consistent with the following Coastal Land Use Plan Policies:
o 2.9.3-14. Develop parking management programs for coastal zone areas that
achieve the following:
▪ Provides adequate, convenient parking for residents, guests, business
patrons, and visitors of the coastal zone;
▪ Optimizes use of existing parking spaces;
▪ Provides for existing and future land uses;
▪ Reduces traffic congestion;
▪ Limits adverse parking impacts on user groups;
▪ Provides improved parking information and signage;
▪ Generates reasonable revenues to cover City costs;
▪ Accommodates public transit and alternative modes of transportation.
As evidenced and codified by Subsection 21.28.030(F)(1) (Balboa Village Parking
Management Overlay District Plan [PM-1]), the PM-1 is purposed to protect the special
character of Balboa Village while more efficiently using the existing parking supply. The
PM-1 Plan helps to enhance the pedestrian scale and storefront nature of the Village
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while reducing the need for new off-street parking facilities. This further reduces the
need for curb cuts, traffic management devices, and other parking-related measures
that would be disruptive to the current environment. The PM-1 Plan accounts for all
users of the parking in the Village and aims to enhance access to recreational and
entertainment opportunities within the coastal zone. Furthermore, the PM-1 Plan also
provides a robust wayfinding signage program and encourages alternative
transportation.
o 2.9.3-1. Site and design new development to avoid use of parking configurations or
parking management programs that are difficult to maintain and enforce.
The PM-1 Plan takes a simple and holistic approach to parking management in Balboa
Village and helps to reduce the need for new off-street parking facilities.
o 2.9.3-2. Continue to require new development to provide off-street parking sufficient
to serve the approved use in order to minimize impacts to public on-street and off-
street parking available for coastal access.
While the PM-1 Plan eliminates or reduces off-street parking for many commercial uses, it
does not do the same for the more intensive commercial uses and further does not reduce
residential or mixed-use parking requirements.
o 2.9.3-3. Require that all proposed development maintain and enhance public
access to the coast by providing adequate parking pursuant to the off-street parking
regulations of the Zoning Code in effect as of October 13, 2005.
See response to 2.9.3-2 above.
o 2.9.3-4. Periodically review and update off-street parking requirements to ensure
that new development provides off-street parking sufficient to serve approved uses.
The PM-1 Plan in and of itself is intended to help update off-street parking requirements to
be commensurate with the identified needs in Balboa Village.
o 2.9.3-5. Continue to require off-street parking in new development to have adequate
dimensions, clearances, and access to insure their use.
The PM-1 Plan does not alter the design of required parking facilities.
o 2.9.3-6. Prohibit new development that would result in restrictions on public parking
that would impede or restrict public access to beaches, trails or parklands,
(including, but not limited to, the posting of “no parking” signs, red curbing, and
physical barriers), except where such restrictions are needed to protect public
safety and where no other feasible alternative exists to provide public safety.
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The PM-1 Plan is intended to enhance public access to recreational amenities and
entertainment within the coastal zone. There is nothing that would allow private
development to overtake public parking or restrict access.
o 2.9.3-7. If public parking restrictions are allowed to protect public safety, require
new development to provide an equivalent quantity of public parking nearby as
mitigation for impacts to coastal access and recreation, where feasible.
See response to 2.9.3-6 above.
o 2.9.3-8. Continue to require properties with nonconforming parking to provide code-
required off-street parking when new uses, alterations or additions result in
increased parking demand.
While the PM-1 Plan offers flexibility, it does not affect the nonconforming provisions that
are applicable to those uses not covered by the PM-1 Plan.
o 2.9.3-9. Approve no application for a modification or waiver of off-street parking
requirements that are found to impact public parking available for coastal access.
The PM-1 Plan includes criteria that the Community Development Director must consider
when allowing a reduction in off-street parking.
o 2.9.3-13. Encourage commercial and institutional development located near
beaches and other coastal resources to provide parking for public access during
weekends and holidays.
See response to 2.9.3-2 above.
o 2.9.1-1. Continue to implement the Transportation Demand Management
Ordinance.
The PM-1 Plan does not negate the City’s ability to implement the Transportation Demand
Management Ordinance.
o 2.9.1-2. Continue to require new development to dedicate transit facilities, such as
bus turnouts, benches, shelters and similar facilities, where appropriate.
See response to 2.9.1-1 above.
o 2.9.1-3. Locate and design larger commercial and residential developments to be
served by transit and provide non-automobile circulation to serve new development
to the greatest extent possible.
See response to 2.9.1-1 above.
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o 2.9.1-4. Encourage the use of commercial and institutional parking areas for use as
public parking during weekends and holidays in conjunction with public transit or
shuttles to serve coastal recreational areas.
See response to 2.9.3-2 above.
o 2.9.1-5. Encourage OCTA to continue and expand summer bus service to coastal
recreational areas.
o 2.9.1-6. Maintain and enhance existing public water transportation services and
encourage and provide incentives for expansion of these uses and land support
facilities.
The PM-1 Plan is intended to encourage alternative modes of transportation.
o 2.9.1-7. The City shall study alternative funding mechanisms to provide a low-cost
public transportation system to serve beach areas impacted by traffic during
summertime, peak-use periods. The City shall address feasible implementation
measures for a summertime shuttle or other transit opportunities in the
Implementation Plan of the LCP.
See response to 2.9.1-5 above.
o 2.9.1-8. Employment, retail, and entertainment districts and coastal recreational
areas should be well served by public transit and easily accessible to pedestrians
and bicyclists. Streets, sidewalks, bicycle paths, and recreational trails (including
the Coastal Trail) should be designed and regulated to encourage walking,
bicycling, and transit ridership.
The PM-1 Plan aims to encourage alternative modes of transportation by raising
awareness of the Newport-Balboa Bike Trail, the availability of bus parking in the Balboa
Pier Main Lot, the installation of new bicycle facilities in convenient locations where
demand is demonstrated, and operation of the Balboa Peninsula Trolley.
o 2.9.1-9. The City shall encourage employers to provide incentives for transit
ridership (e.g. subsidies for transit use, shuttles to transit stations), ridesharing,
vanpools, and other transportation demand measures designed to reduce vehicle
miles traveled.
The PM-1 Plan includes a voluntary employee permit parking program, which offers
reduced fees for parking in designated parking areas during peak demand periods. As part
of this program, the City also encourages employers to provide incentives for using
alternative modes of transportation.
o 2.9.1-10. Encourage new developments to design projects to facilitate transit
ridership and ridesharing through such means as locating and designing building
entries that are convenient to pedestrians and transit riders.
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The PM-1 Plan does not impact the design of buildings. Instead, it helps to eliminate the
need for new curb cuts and other measures to facilitate new parking facilities. This helps
to ensure the pedestrian environment is maintained.
o 2.9.2-3. Develop and implement a uniform signing program to assist the public in
locating, recognizing, and utilizing public bikeways and trails.
The PM-1 Plan includes a robust wayfinding signage program that was refreshed through
public outreach with the former Balboa Village Advisory Committee (BVAC).
o 2.9.2-4. Design and site new development to provide connections to existing and
proposed bikeways and trail systems.
The PM-1 Plan does not interfere with the need to enhance access in the coastal zone.
o 2.9.2-5. Where appropriate, provide bicycle racks and hitching posts at public
beaches and parks.
The PM-1 Plan encourages bicycle ridership by providing new or additional racks in areas
of demonstrated demand.
o 3.1.1-1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and
trails.
See response to 2.9.3-14 above.
o 3.1.1-2. Protect and enhance all existing public street ends providing public access
to the shoreline, beaches, coastal parks, and trails.
See response to 2.9.3-14 above.
o 3.1.1-9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
▪ Maximizes public access to and along the shoreline;
▪ Includes pedestrian, hiking, bicycle, and equestrian trails;
▪ Provides connections to beaches, parks, and recreational facilities;
▪ Provides connections with trail systems of adjacent jurisdictions;
▪ Provides access to coastal view corridors;
▪ Facilitates alternative modes of transportation;
▪ Minimizes alterations to natural landforms;
▪ Protects environmentally sensitive habitat areas;
▪ Does not violate private property rights.
See response to 2.9.3-14 above.
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o 3.1.1-11. Require new development to minimize impacts to public access to and
along the shoreline.
The PM-1 Plan helps to eliminate the need for new curb cuts and other measures to
facilitate new parking facilities. This helps to ensure the pedestrian environment is
maintained.
o 3.2.2-1. Continue to protect public coastal access recreational opportunities through
the provision of adequate support facilities and services.
The PM-1 Plan is purposed with taking a holistic approach to parking management in the
Balboa Village. It does not preclude the City from providing adequate support facilities.
o 3.2.2-4. 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.
See responses to 2.9.3-14 and 2.9.3-2 above.
o 3.2.1-1. Protect, and where feasible, expand and enhance recreational
opportunities in the coastal zone.
The PM-1 Plan is a framework to manage the existing parking supply in Balboa Village
that enhances opportunities for coastal amenities.
o 3.2.1-2. Continue to provide opportunities for a wide range of recreational activities
at City parks and beaches.
The PM-1 Plan does not impact the use of public parks and beaches.
o 3.2.1-5. Continue to allow recreational commercial uses in commercial areas
adjacent to beaches and the bay.
The PM-1 Plan does not preclude these uses from locating in Balboa Village.
2. The PM-1 Plan is consistent with Title 21 (Local Coastal Program Implementation
Plan) of the NBMC, as it is specifically implementing a component of said Title.
Pursuant to Section 21.28.030(E) (Parking Management [PM] Overlay District) of the
NBMC, implementation of PM-1 Overlay and Plan requires the approval of a coastal
development permit by the Planning Commission. The Coastal Development Permit
review is required to consider whether the PM-1 Plan addresses the various issues
identified in Section 21.28.030(B) of the NBMC. Specifically, the PM-1 Plan is
anticipated to:
o Protect the special community character of Balboa Village 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
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cuts, traffic control devices and other parking-related improvements that are
disruptive to this environment or result in a loss of public on-street parking in
accordance with Sections 21.28.030(B)(3), 21.28.030(B)(4), and 21.28.030(B)(5)
of the NBMC through a variety of measures including maintaining existing private
and public parking facilities, allowing opportunities for shared parking with other
uses, and encouraging alternative modes of transportation.
o Establish parking programs to adequately serve the parking needs for Balboa
Village residents, visitors, and businesses and for recreational visitors to Balboa
Pier and adjacent beaches and parks in accordance with Section 21.28.030(B)(1)
by maintaining public parking facilities, authorizing shared parking with other uses
and properties, and establishing voluntary employee parking programs.
o Modify the requirements of Chapter 21.40 (Of-Street Parking), or any successor
chapter, to optimize the use of existing public and private parking spaces
reflecting Balboa Village has a large supply of public parking that is underused
during the beach off-peak season in accordance with Sections 21.28.030(B)(2)
and 21.40.120.
o Provide improved parking information and signage in accordance with Section
21.28.0309(B)(6) by incorporating wayfinding signs so as to ensure visitors are
oriented toward available off-site parking or alternative modes of transportation.
o Provide greater accommodation of public transit and alternative modes of
transportation in accordance with Section 21.28.030(B)(8) by encouraging
pedestrian and bicyclist use of the Balboa Island Ferry, raising awareness of the
Newport-Balboa Bike Trial, bus parking in the Balboa Pier Main Lot, providing
new or additional bicycle racks where demand is demonstrated, and continuing
trolley service throughout Balboa Peninsula during the summer months.
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.
Fact in Support of Finding:
The PM-1 Overlay and Plan include properties and areas that are between the nearest public
road and the water. The PM-1 Plan seeks to ensure there is the adequate, convenient, and
efficient use of the parking supply within Balboa Village through a comprehensive plan that
guides development. It further helps to reduce barriers to entry for new visitor-serving
commercial uses while limiting adverse parking impacts on user groups. Since the PM-1 Plan
takes a holistic approach to parking management in a challenging area that is rich with coastal
resources, it in turn helps to enhance public access to coastal resources and recreation
opportunities.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission finds that this action is not subject to the California
Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378), and is
statutorily exempt under Sections 15262 (Feasibility and Planning Studies) and 15265
(Adoptions of Local Coastal Programs) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because the implementation of the PM-1 has
no potential for resulting in a physical change to the environment, directly or indirectly.
Each development project using the provisions of the PM-1 Plan will be evaluated on its
own merits against CEQA. Implementation of the PM-1 Plan sets forth a holistic
framework for managing existing parking only in the PM-1 District and is an activity that
is consistent with the California Coastal Act and the City’s adopted and certified LCP.
2.The Planning Commission of the City of Newport Beach hereby approves the Coastal
Development Permit referenced as PA2017-046, including the PM-1 Plan in Exhibit “A”
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 by the provisions of Title 21(Local Coastal Program Implementation
Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal
Commission in compliance with Section 21.64.035 of the NBMC and Title 14 California
Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California
Public Resources Code.
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF FEBRUARY, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Sarah Klaustermeier, Secretary
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EXHIBIT “A”
Balboa Village Parking Management Overlay District (PM-1) Plan
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February 23, 2023, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. BALBOA VILLAGE PARKING MANAGEMENT OVERLAY
DISTRICT PLAN (PM-1) IMPLEMENTATION (PA2017-046)
On handwritten page 31 (“Introduction and Purpose”), in paragraph 3, I believe the body
reviewing the present Coastal Development Permit application is the City’s Planning
Commission, not the California Coastal Commission.
I further believe paragraph 4 should be replaced, in its entirety, with:
“The purposes of PM-1 are:”
for what follows is an exact copy of the CCC-certified specific purposes of PM-1 as found in
NBMC Subsection 21.28.030.F.1.a, to which references to the more general Subsection
21.28.030.B have been appended. In other words, these are the specific purposes of PM-1, not
the general purposes of Parking Management Programs, as the draft wording implies.
As to the remainder of the document being submitted for approval, it seems more a restatement
of the required PM-1 “Implementation Components” certified by the CCC in NBMC Subsection
21.28.030.F.d than a clearly-stated development plan to implement them.
To be sure, some of the required “Implementation Components” seem self-implementing. But
others are not. And of those that are not self-implementing, pieces seem missing.
For example, of required Implementation Component iv of PM-1 (“Voluntary Employee Parking,”
page 36), the Commission is given Attachment B (pages 40-41) to consider. But that is a plan
only for the “The City shall operate a voluntary Balboa Village Employee Permit Program” part. I
see nothing in the CDP application indicating what development the City proposes to implement
the “The City shall encourage employers to provide incentives for transit ridership and other
transportation demand measures” part.
Similarly, Attachment D (pages 51-53) purports to implement the last requirement on page 36,
but I see nothing in Attachment D that shows where the City proposes to establish the required
loading zones for ride-sharing services.
Nor do I see the proposed locations for bus parking in the Balboa Pier Main Lot, or the locations
that have been identified for possible new or expanded bike racks. Or how everything listed on
pages 34-36 will fit together to ensure the purposes of PM-1 are achieved.
In short, this does not seem to be a comprehensive development plan to implement PM-1.
Indeed, much space is devoted to defending PM-1’s consistency with the City’s Local Coastal
Program. But that seems largely redundant since, as the staff report and resolution say, the
Coastal Commission has already certified PM-1 as being consistent.
It would seem to me the question before the Planning Commission is whether the specific new
development proposed to implement PM-1 is both complete and consistent with PM-1.
Planning Commission - February 23, 2023 Item No. 5a - Additional Materials Received Implementing the Balboa Village Parking Management Overlay District Plan (PM-1) (PA2017-046)
Balboa Village Parking
Management District Plan
(PA2017-046)
Planning Commission Public Hearing
February 23, 2023
Benjamin Zdeba, AICP, Principal Planner
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
Background
Community Development Department 2
•2012, Balboa Village Master Plan
•2015, Zoning Code updated
•2017, LCP certified by Coastal
•2020, LCPA approved by Coastal
•2021, Title 21 adopted by Council
•February 2022, CDP submitted
•October 2022, CDP returned to City
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
Purpose
Community Development Department 3
•Protect character of Balboa Village
•Establish parking programs to serve
all user groups
•Modify parking requirements to
efficiently use supply
•Provide enhanced signage
•Greater accommodation of public
transit and alternative modes
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
Implementing Components
Community Development Department 4
Enhanced
Wayfinding
Protect and Manage
Existing Parking
Reduced and Altered
Parking Requirements
Employee Parking
Permit Program
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
Coastal Consistency
Community Development Department 5
•LCP Policy and Title 21 analyses
provided in the staff report
•Reduces barriers to new visitor-
serving commercial
•Enhances public access to coastal
resources and recreation
•Coastal Commission is supportive
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
Recommendation
Community Development Department 6
•Conduct a public hearing
•Find not subject to CEQA under 15060(c)(2) and
15060(c)(3) and statutorily exempt under 15262
and 15265
•Adopt the Resolution to approve the CDP including
Exhibit “A” and its strategy examples
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)
7
Benjamin Zdeba, AICP, Principal Planner
bzdeba@newportbeachca.gov
Planning Commission Public Hearing
February 23, 2023
Planning Commission - February 23, 2023 Item No. 5b - Additional Materials Presented at the Meeting by Staff Implementing the Balboa Village Parking Management Overlay District Plan (PM-1)(PA2017-046)