HomeMy WebLinkAboutPC2023-011 - APPROVING THE COASTAL DEVELOPMENT PERMIT TO IMPLEMENT THE BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT PLAN (PM-1) (PA2017-046)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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EXHIBIT “A”
Balboa Village Parking Management Overlay District (PM-1) Plan
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