HomeMy WebLinkAbout4.0_Nonresidential Parking Code Amendments_PA2021-104CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 20, 2023
Agenda Item No. 4
SUBJECT: Nonresidential Parking Code Amendments (PA2021-104)
▪Zoning Code Amendment
▪Local Coastal Program Amendment
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Benjamin M. Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
Consistent with the City Council’s initiation on January 26, 2021, the proposed
amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) serve to simplify and modernize some of the City’s parking
regulations. The proposed changes include the following:
•Allowing the Community Development Director to reduce off-street parking
requirements by up to 20 percent when acceptable evidence is provided;
•Allowing a reduction in off-street parking requirements when bicycle parking is
provided in areas with a demonstrated demand;
•Allowing a reduction in off-street parking requirements when a designated ride-
share (e.g., Uber and Lyft) space is provided;
•Altering the food service, eating and drinking establishment parking requirements
to remove the consideration of “net public area”; and
•Replacing the “take-out service, limited” land use definition with “take-out service—
fast-casual” allowing up to 20 seats.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this action is not a project subject to the California Environmental Quality Act
(CEQA) in accordance with Section 20165 of the California Public Resources Code
and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). Further find this
action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general
rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment;
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3) Adopt Resolution No. PC2023-019 (Attachment No. PC 1) recommending the City
Council approve the Zoning Code Amendment modifying regulations pertaining to
nonresidential parking; and
4) Adopt Resolution No. PC2023-020 (Attachment No. PC 2) recommending the City
Council authorize staff to submit the Local Coastal Program Amendment to the
California Coastal Commission.
INTRODUCTION
Background
On January 26, 2021, the City Council conducted a study session regarding City parking
regulations and outdoor dining. At the conclusion of the session, the City Council asked
staff to study potential amendments that could update the City’s parking regulations to
modernize them to address emerging trends such as rideshare and delivery services and
identify other changes to support the retention of expanded outdoor dining due to the
COVID-19 pandemic.
City staff retained a parking consultant, Nelson\Nygaard, to help study best practices and
returned to a City Council study session on November 30, 2021, to share several initial
findings. Later that evening, the City Council adopted Resolution No. 2021-121 initiating
amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC). City staff continued
to work with Nelson\Nygaard to study and assess the City’s parking requirements.
On September 7, 2022, City staff hosted a virtual community meeting to share potential
changes to the regulations regarding parking and to answer any questions. There were
five members of the public in attendance. Topics of interest included employee parking
spillover, the construction of parking structures, and a desire to see more electric vehicle
charging spaces.
On October 20, 2022, the Planning Commission conducted a study session to discuss
and provide input and direction to City staff on the identified potential updates including
bicycle-based reductions, shared-mobility-based reductions, revised parking ratios, and
administrative reductions by the Community Development Director. While the Planning
Commission was generally supportive of the recommended changes, revising the medical
office parking requirement to be equal to general office was identified as requiring
additional review. Staff continued to work with Nelson\Nygaard to reexamine medical
parking ratios.
As shared in prior meetings, City staff noted the parking code updates would occur in
phases. The identified work program is noted in Table 1 on the following page.
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Table 1: Parking Code Update Work Program
Phase One Phase Two
Bicycle-Based Reductions
Shared-Mobility-Based Reductions
Revised Nonresidential Parking Ratios
Administrative Parking Waiver by Director
In-Lieu Parking Fee Program
Curbside Management
Parking Management Districts
The recommended amendments are focused on the Phase One effort only.
DISCUSSION
Bicycle-Based Reductions
Bicycles have long been an alternative mode of transportation to the automobile;
however, the prevalence of bicycle-riding to get from point “a” to point “b” largely depends
on the infrastructure available to encourage safe ridership. In Newport Beach, the City
adopted a robust Bicycle Master Plan in 2014. Many of the suggested improvements in
the Master Plan have been made and serve to create a safer bicycling network. As such,
there is a clear opportunity to link the provision of bicycle accommodations with a
reduction in the codified parking requirement. California cities including Folsom, Laguna
Beach, and Los Angeles, as well as others out of state, including Salt Lake City, UT,
Bend, OR, Savannah, GA, Bozeman, MT, and Dallas, TX, each have provided bicycle-
based reductions of parking requirements. These reductions are listed in Table 2 below.
Table 2: Bicycle-Based Reductions, Best Practices
Location Summary of Reduction
Folsom, CA One vehicle space for every three additional bicycle spaces provided up to
a maximum of 2% of the required parking. The provision of shower/locker
facilities for developments with at least 100 employees reduces required
spaces by an additional 2% or five spaces, whichever is greater.
Los Angeles, CA For every four bicycle parking spaces proposed, the vehicular parking
requirement may be reduced by one standard or compact parking space,
up to 20% of the parking required.
Salt Lake City, UT Permanently installed “pedestrian friendly amenities,” such as bike racks,
stroller parking areas, benches, or other amenities within 100 feet of
business entrances qualify the development to exclude the first 2,500
square feet from parking requirements.
Bend, OR Up to 5% of the required parking for industrial, commercial, or office uses
providing showers and lockers for employees who commute by bike.
Providing twice as many covered and secured bike racks as required can
result in additional reductions.
Savannah, GA Up to one space for every three additional bicycle spaces provided up to a
maximum of 5% of the required parking.
Bozeman, MT Up to 10% of the required parking in the downtown area if at least two
covered bicycle parking spaces are provided for each vehicular space and
a nonresidential shower, changing area, and clothing lockers are provided.
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Table 2: Bicycle-Based Reductions, Best Practices
Location Summary of Reduction
Dallas, TX One space for every six Class I bicycle parking spaces (e.g., racks for
short-term use); however, a minimum of 20 off-street parking spaces must
be provided. One space for every four Class II bicycle parking spaces (e.g.,
secure lockers for long-term use). Up to 5% of the required parking with an
option of an additional 5% when showers, lockers, and changing facilities
are provided. As a note, this is not permitted for retail or personal service
land uses.
Nelson\Nygaard Recommendation No. 1:
A. Allow a reduction in the required amount of parking by one space for every three
bicycle parking spaces that are provided above any minimum requirement for bicycle
parking. The maximum reduction allowable for the provision of bicycle parking would
be up to five percent (5%) of the required automobile parking requirement; and
B. Consider allowing an additional five percent (5%) reduction in the required parking
when enhanced bicycle “end-of-trip” facilities are provided. These include showers
and locker facilities. If not provided on-site, these facilities could be provided in the
form of free or employer-paid access at off-site facilities located within 1/8th mile of the
property.
Proposed Code Amendments:
Sections 20.40.110 and 21.40.110 (Adjustments to Off-Street Parking Requirements) of
the NBMC would be amended to include a potential reduction by one space for every
three bicycle parking spaces provided above the minimum requirement, up to a maximum
of five percent. It would also include an additional five percent (5%) reduction when end-
of-trip facilities are provided.
Both the bicycle parking and end-of-trip facilities would be required to be on private
property and on the same site they intend to serve. Staff believes it would be impractical
and challenging to consider and maintain off-site end-of-trip facilities.
To address the concern that these provisions may not be translatable citywide due to a
lack of bicycling as a mode of transportation, the recommended amendment includes a
requirement for the applicant to provide evidence that there is a demonstrated use of
bicycles as a viable mode of transportation to the area. For example, many sites on the
Balboa Peninsula and Balboa Island may be eligible given proximity to the Ocean Front
Boardwalk and the prevalence of bicycles to combat existing parking challenges.
The proposed amendment described above is found on pages 10 and 11 in Attachment
No. PC 1, on Page 7 in Attachment No. PC 2, and in redline-strikeout format for reference
in Attachment No. PC 3.
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Shared-Mobility-Based Reductions and Carpooling
The concept of “shared-mobility” in this case references newer technology applications
(or “apps”) for ridesharing, such as Uber and Lyft, as well as those for food and meal
delivery service, such as Uber Eats, Grubhub, and DoorDash.
Ridesharing apps were first introduced in 2009 and have gained popularity augmenting
traditional taxicab services in a more convenient manner. In turn, the convenience of
hailing a ride from virtually anywhere through mobile phone apps has increased the use
of shared-mobility alternatives to the traditional single-user vehicle. This increased use is
important when factoring parking demand, as rideshare services are typically only
dropping off and/or picking up passengers. Simply put, rideshare services are more
transient parking users, and they use existing parking lots for less time, if they park at all.
Similarly, food and meal delivery services have also become prominent, especially during
the COVID-19 pandemic. Since these services focus on the rapid pick-up and delivery of
food and goods from restaurants and stores, they are also considered transient parking
users with short stays and quick turnover.
Together these shared-mobility options have driven up the demand for dedicated space
in parking lots while reducing the demand for longer stays. In heavily used lots, these
services can create obstructions and unnecessary congestion when they are not properly
accounted for. As such, many cities are incentivizing the creation of dedicated spaces.
Another mode of shared mobility is traditional carpooling and vanpooling. In some larger
projects, carpool spaces are required. Including an incentive for developers to add
carpool spaces to smaller projects could serve as a benefit that ultimately lessens the
vehicles on the road in alignment with regionwide goals to reduce vehicle miles traveled
to attain climate goals. The studied incentives in three different “best practice” locations
are identified in Table 3 below.
Table 3: Shared-Mobility-Based Reductions and Carpooling, Best Practices
Location Summary of Reduction
Chandler, AZ 10% reduction of parking requirement for every passenger loading zone, up
to a maximum of 40%; however, one loading zone space may be counted per
50,000 sq. ft. of commercial.
Milwaukee, WI 25% reduction of parking requirement if developers submit documentation of
established and maintained carpool program in proximity to the primary use
of the development.
Montgomery
County, MD
Reduction of up to three parking spaces if a bicycle-sharing facility is provided
with at least 10 bicycles. In addition, the County may reduce three vehicular
parking spaces for each changing facility, including lockers and showers, for
those using bicycles. Also, the County allows one car-share parking space or
a dedicated carpool parking space to count as three vehicular parking spaces.
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Nelson\Nygaard Recommendation No. 2:
A. For office uses, one designated priority carpooling space reserved for registered
carpool and vanpool vehicles until 10 a.m., Monday through Friday, could equal three
parking spaces up to a maximum reduction of five percent (5%) of the required parking
spaces; and
B. A ten percent (10%) reduction in required vehicle parking spaces for either of the
following that are reserved for passenger loading/unloading activity:
i. At least 20 feet of curb-space abutting the development; or
ii. An off-street parking space designated and signed for the use of shared-
mobility vehicles.
Proposed Code Amendments:
Sections 20.40.110 and 21.40.110 (Adjustments to Off-Street Parking Requirements) of
the NBMC would be amended to include a potential reduction by a maximum of ten
percent (10%) when the development provides designated space for ridesharing options.
This reduction can be achieved through providing 20 linear and contiguous feet of onsite
dedicated curb space that is not required for emergency access or through designating
one off-street parking space with proper signage for shared-mobility vehicles and/or pick-
up/drop-off. Both must be located entirely on private property. Depending on the level of
success and implementation, the concept might be adapted to the abutting right-of-way
under some circumstances; however, that would require further study.
Staff does not believe the recommendation to include reductions related to carpool activity
would be impactful and further may be challenging to regulate.
The proposed amendment described above is found on page 11 in Attachment No. PC
1, on pages 7 and 8 in Attachment No. PC 2, and in redline-strikeout format for reference
in Attachment No. PC 3.
Revised Nonresidential Parking Ratios: Medical Office
The current requirement for Offices--Corporate, General, Governmental is 1 parking
space for every 250 square feet of net floor area. This is inconsistent with the requirement
for Offices--Medical/Dental, which requires a minimum of one parking space for every 200
feet of gross floor area.
Nelson\Nygaard has prepared an expansive memorandum outlining a study of medical
office parking requirements in ten peer cities. This memorandum is attached to this report
as Attachment No. PC 4.
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Nelson\Nygaard Recommendation No. 3:
A. Retain the parking space requirement for Offices—Medical/Dental at 1 per 200 square
feet of gross floor area, for all but mixed-use zoning districts, in which the requirement
would be reduced to 1 per 250 square feet of gross floor area; and
B. Consolidate the parking space requirements to 1 per 300 square feet for office uses
of any size.
Proposed Code Amendments:
Based on the information presented in the memorandum, and in consultation with the City
Traffic Engineer, staff does not support adopting the Nelson/Nygard recommendations at
this time.
Although there is no recommended change, it is important to note that Nelson\Nygaard
Recommendation No. 6, described in more detail below, would give the Community
Development Director the opportunity to administratively reduce the additional spaces
needed for a medical office use when a parking demand study is prepared by the
applicant that demonstrates a lower parking demand based on unique operational
circumstances.
Revised Nonresidential Parking Ratios: Eating and Drinking Establishments
Nelson\Nygaard also prepared a memorandum outlining a study of “fast-casual” type land
uses and how the City could modify its current ordinance to be in line with best practices.
This memorandum is attached to this report as Attachment No. PC 5. Nelson\Nygaard
also reviewed the current restaurant parking requirements for comparability to other cities.
Nelson\Nygaard Recommendation No. 4:
Change most restaurant parking requirements from a varying range of one parking space
for each 30 to 50 square feet of net public area to a simple one parking space for each
100 square feet of gross floor area.
Proposed Code Amendments:
The current requirements for restaurant parking are subjective. The identified rate within
the range of between 30 and 50 square feet of net public area is required to be selected
based on operational parameters of the restaurant. In most cases, this is set at one
parking space for every 40 square feet of net public area. Changing the requirement to
exclude the net public area as a function simplifies the parking requirement, removes the
subjectivity, provides for an easier transition between restaurant operators, and allows
the property owner some additional economic opportunity.
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To effectuate this change, Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) and Table 21.40-1 of Section 21.40.040 (Off-Street Parking Spaces Required)
would be amended to remove the consideration of parking based on net public area (i.e.,
“customer area”) of a food service use with or without alcohol and with or without late
hours. The revised parking requirement would be one per 100 sq. ft. of gross floor area
and a discounted one per 150 sq. ft. ratio for outdoor dining areas.
Sections 20.40.060 and 21.40.060 (Parking Requirements for Food Service Uses) would
be stricken in their entirety and reserved for future use.
To consider how the change affects potential full-service restaurant uses, two scenarios
are provided in Figure 1 below. Although smaller restaurants may see an increased
parking requirement, staff believes the amendments in response to Nelson\Nygaard
Recommendation No. 5 discussed below will serve as a benefit for smaller restaurants
when seeking to permanently retain temporary patios or small expansions.
Restaurant Scenario A (Current) Restaurant Scenario A (Proposed)
Back-of-House Area 1,100 sq. ft. Back-of-House Area 1,100 sq. ft.
Interior Net Public Area 400 sq. ft. Interior Net Public Area 400 sq. ft.
Subtotal Interior Parking Spaces
Required (1/40 sq. ft. NPA)
10 spaces Subtotal Interior Parking Spaces
Required (1/100 sq. ft. GFA)
15 spaces
Outdoor Dining Area 150 sq. ft. Outdoor Dining Area 150 sq. ft.
25% of Interior NPA Excluded
from Outdoor Dining Area
100 sq. ft. 25% Outdoor Dining Area
Exclusion
--
Parked Outdoor Dining Area 50 sq. ft. Parked Outdoor Dining Area 150 sq. ft.
Subtotal Outdoor Dining Area
Parking Spaces Required (1/40
sq. ft. NPA)
2 spaces Subtotal Outdoor Area Parking
Spaces Required (1/150 sq. ft.)
1 space
Total Parking Required 12 spaces Total Parking Required 16 spaces
Net Change: Increase of 4 spaces.
Restaurant Scenario B (Current) Restaurant Scenario B (Proposed)
Back-of-House Area 3,000 sq. ft. Back-of-House Area 3,000 sq. ft.
Interior Net Public Area 2,000 sq. ft. Interior Net Public Area 2,000 sq. ft.
Subtotal Interior Parking Spaces
Required (1/40 sq. ft. NPA)
50 spaces Subtotal Interior Parking Spaces
Required (1/100 sq. ft. GFA)
50 spaces
Outdoor Dining Area 1,000 sq. ft. Outdoor Dining Area 1,000 sq. ft.
25% of Interior NPA Excluded
from Outdoor Dining Area
500 sq. ft. 25% Outdoor Dining Area
Exclusion
--
Parked Outdoor Dining Area 500 sq. ft. Parked Outdoor Dining Area 1,000 sq. ft.
Subtotal Outdoor Dining Area
Parking Spaces Required (1/40
sq. ft. NPA)
13 spaces Subtotal Outdoor Area Parking
Spaces Required (1/150 sq. ft.)
7 spaces
Total Parking Required 63 spaces Total Parking Required 57 spaces
Net Change: Reduction of 6 spaces.
Figure 1, Comparison of parking changes and how they affect different restaurants.
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The proposed amendment described above is found on page 9 in Attachment No. PC 1,
on Page 6 in Attachment No. PC 2, and in redline-strikeout format for reference in
Attachment No. PC 3.
Nelson\Nygaard Recommendation No. 5:
A. Modify the current “Takeout Service, limited” land use definition to be more in line with
a fast-casual land use by increasing the seat limitation from up to six seats to up to 20
seats. The one parking space for every 250 square feet requirement would be
maintained.
B. Further consideration could be given to base the requirement on dining area (or “net
public area”) only and not the entire tenant space and back-of-house area. If dining
area is the parameter used to assign the parking requirement, then Nelson\Nygaard
also recommends adjusting the rest of the restaurant requirements for consistency.
In general, this restaurant type would be distinguished by a higher customer turnover than
that of a sit-down, full-service restaurant, which is addressed as part of the preceding
Nelson\Nygaard Recommendation No. 4. The land uses that were identified as being
closest to “fast casual” within peer cities are identified in Table 4 below.
Table 4: Peer City Review of “Fast-Casual” Type Dining
Location Name and Definition of Applicable Use Parking Requirement
(Citywide) or Industry
Standard
Fountain Valley No Similar Category N/A
Huntington Beach Eating and Drinking Establishments
With 12 seats or less
1 per 200 sq. ft.
Laguna Beach Take-out 1 space per 100 sq. ft. or 1
space per 3 seats –
whichever is greater
Dana Point Take-out shall mean a restaurant where
foods and/or beverages are sold directly to
the customer in a ready to consume state
for consumption off-site. A take-out
restaurant that provides no more than 4
tables and 16 seats, either inside or outside
for on-site consumption.
1 stall per 250 sq. ft.
Laguna Niguel Retail Food an establishment where food
and/or beverages are offered and primarily
intended for off-premises consumption,
with ten or fewer seats, and with no alcohol
sales. Examples include ice cream shops,
delicatessens, baked good establishments,
and other uses deemed to be similar by the
Community Development Director.
5 spaces per 1,000 square
feet of gross floor area
including indoor/outdoor
seating areas
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Table 4: Peer City Review of “Fast-Casual” Type Dining
Encinitas No Similar Category N/A
San Clemente No Similar Category N/A
Orange Restaurant – 20 seats or fewer, or primary
method is takeout.
5 spaces per 1,000 SF of
GFA
Tustin Restaurants, take out including
delicatessens, donut shops, coffee shops,
or similar establishments at which the
consumption of food and beverages occurs
primarily away from the premises.
1 space for each 250 sq. ft.
of gross floor area
Westminster Take-out, restaurants and cafes, offering
no seats or tables or offering 12 or fewer
seats, inclusive of all indoor and outdoor
seating.
1 space for every 250 sq. ft.
of gross floor area if
standalone
Proposed Code Amendments:
Staff supports the recommendation of increasing the seat count from up to six seats to
up to 20 seats and retaining the current parking requirement of one space for every 250
square feet of gross floor area for the “Takeout Service, limited” category while renaming
it as “Take-out service—Fast-casual.”
However, staff does not support the additional consideration of using only the dining area
when assigning the parking requirement. Currently, most “Takeout Service, Limited”
establishments take over tenant spaces formerly occupied by a retail sales or a service
use. These uses have equivalent parking requirements in the NBMC. If the parking for
this modified takeout service land use were to be based on only the dining area, the
resulting requirement would then be less than that of the former retail sales or personal
service land use. For example, with the full Nelson\Nygaard recommendation employed,
a new fast-casual type restaurant with 300 square feet of dining area and 20 seats that
occupies a 1,250-square-foot tenant space formerly occupied by an apparel store would
only require two parking spaces when the former apparel store required five spaces.
To implement the recommendation, the definition of “Take-out service, limited” in Sections
20.70.020 and 21.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC
would be renamed as “Take-out service—Fast-casual.” The allowed land uses and
permitting requirements tables within Titles 20 and 21 would also be updated to reflect
this change; however, the permitting requirements are not proposed to change. Such a
use would still require a use permit in most cases given the proximity to residential zoning
districts.
To capture the fast-casual element, the seat limitation would be increased from six seats
to 20 seats. This increase is in alignment with Nelson\Nygaard’s recommendation and
the practices of peer cities, including Dana Point and Orange. It is important to note that
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the definition of this new land use would still maintain the following characteristics by
definition:
a. Sales are primarily for off-site consumption;
b. Customers order and pay for food at either a counter or service window; and
c. Alcoholic beverages are not sold, served, or given away on the premises.
The proposed amendment described above is found on pages 5, 6, 7, 8, 9 and 12 in
Attachment No. PC 1, on pages 5, 6, 8, and 9 in Attachment No. PC 2, and in redline-
strikeout format for reference in Attachment No. PC 3.
Administrative Parking Waiver by Director
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC
currently requires a conditional use permit and Planning Commission review for all
reductions in required parking. The only exception allowing administrative approval of a
reduction in parking is when the reduction is deemed necessary to comply with Americans
with Disabilities Act (ADA) requirements with tenant improvements to account for disabled
access stalls.
Nelson\Nygaard Recommendation No. 6:
Nelson\Nygaard identified enhanced administrative parking waivers as a current best
practice among evaluated peer cities and nationwide and, as such, the recommendation
for the City to consider the following:
Allow the Community Development Director to administratively waive up to twenty percent
(20%) of required nonresidential parking when evidenced by a professionally prepared
parking-demand and supply analysis.
Proposed Code Amendments:
Staff generally supports this recommendation as a best practice and an economic
development tool that will streamline and shorten the approval process for many uses.
It is notable that any waiver beyond 20 percent would still require the approval of a
conditional use permit by the Planning Commission.
In addition to the recommended change, the Director would have the ability to authorize
the shared use of a parking supply for multiple uses on the same site with distinct
offsetting hours. For example, a church located within an office complex wherein the
church’s primary demand for parking is on the weekends when the tenants of the office
complex are not conducting business.
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Sections 20.40.110 and 21.40.110 (Adjustments to Off-Street Parking Requirements) of
the NBMC would be amended to distinguish that the Community Development Director
may reduce nonresidential parking requirements by up to 20 percent. Much like the
current parking waiver process requiring Planning Commission consideration and
approval, the applicant would need to submit a parking-demand analysis that would be
evaluated by the City Traffic Engineer for adequacy and must be accepted as valid.
The proposed amendment described above is found on pages 10, 11, and 12 in
Attachment No. PC 1 and in redline-strikeout format for reference in Attachment No. PC
3.
Combining Reductions and Waivers
Combining multiple recommended reductions could result in excessive reductions, which
may result in unintended parking conflicts that would be better studied through a full
conditional use permit process.
Nelson\Nygaard Recommendation No. 7:
Nelson\Nygaard recommends applying a maximum cap of up to twenty percent (20%) for
implementation of any combination of the above reduction measures.
Proposed Code Amendments:
The above-mentioned amendments to Sections 20.40.110 and 21.40.110 would include
a clearly identified limitation of no more than a 20 percent reduction by the Director with
anything above requiring a conditional use permit.
The proposed amendment described above is found on pages 10 in Attachment No. PC
1, and in redline-strikeout format for reference in Attachment No. PC 3.
Summary and Alternatives
Staff believes the proposed collective changes to Titles 20 and 21 will serve to modernize
aspects of the City’s parking requirements through considerations for alternative modes
of transportation and streamlined review procedures for modest relief from the parking
requirements when warranted.
Should the Planning Commission identify any deficiencies or areas for improvement, the
Planning Commission may recommend revisions to the draft ordinance.
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Environmental Review
This action is not a project subject to the California Environmental Quality Act (CEQA) in
accordance with Section 20165 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (CEQA Guidelines). Further find this action is also exempt pursuant
to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment.
Public Notice
Due to the scope of these Code Amendments, notice of this hearing was published in the
Daily Pilot in a one-eighth-page format 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.
Prepared by: Submitted by:
______________________
Benjamin M. Zdeba, AICP
Principal Planner
ATTACHMENTS
PC 1 Draft Resolution Recommending Approval of the Zoning Code Amendment
PC 2 Draft Resolution Recommending Submittal of the Local Coastal Program
Amendment to the Coastal Commission
PC 3 Redline-Strikeout Changes
PC 4 City Council Resolution No. 2021-121
PC 5 Nelson\Nygaard Memos
01/18/23
14
Attachment No. PC 1
Draft Resolution Recommending
Approval of the Zoning Code Amendment
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RESOLUTION NO. PC2023-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPT AN AMENDMENT TO TITLE 20 (PLANNING
AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO COMMERCIAL PARKING (PA2021-104)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On January 26, 2021, the City Council of the City of Newport Beach (“City”) conducted
a study session regarding parking regulations and outdoor dining. At the conclusion of
the session, the City Council asked staff to study potential updates to the City’s parking
regulations to modernize them, to address emerging trends such as rideshare and
delivery services and identify other changes to support the retention of expanded
outdoor dining due to the COVID-19 pandemic.
2. City staff retained a parking consultant, Nelson\Nygaard, to help study best practices
and returned to a City Council study session on November 30, 2021, to share some of
the initial findings. The City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
(“NBMC”) related to parking (“Code Amendment”).
3. On September 7, 2022, City staff hosted a virtual community meeting to share potential
changes to the regulations related to parking.
4. On October 20, 2022, the Planning Commission conducted a study session to discuss
and provide input and direction to City staff on the identified potential updates to the
NBMC, including bicycle-based reductions, shared-mobility-based reductions, revised
parking ratios, and administrative reductions by the Community Development Director.
5. A public hearing was held on April 20, 2023, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 20165 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Code Amendment is also exempt pursuant to
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CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment.
SECTION 3. FINDINGS.
An amendment to Title 20 (Planning and Zoning) of NBMC is a legislative act. Neither Chapter
20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or
Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning
and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth
any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council’s
initiation and is in furtherance of the General Plan’s Goals and, specifically, the following
Policies:
Policies:
1. LU 5.3.6 (Parking Adequacy and Location).
Require that adequate parking be provided and is conveniently located to serve tenants and
customers.
2. LU 6.2.5 (Neighborhood Supporting Uses).
Requires uses shall be designed to ensure compatibility with adjoining residential
addressing such issues as noise, lighting, and parking.
3. CE 8.1.1 (Required Parking).
Require that new development provide adequate, convenient parking for residents, guests,
business patrons, and visitors.
4. CE 8.1.11 (Parking Requirements for Pedestrian-Oriented and Local-Serving Uses).
Consider revised parking requirements for small scale neighborhood serving commercial
uses in areas that derive most of their trade from walk-in business, especially where on-
street or other public parking is available.
Fact in Support of Policies:
The Code Amendment includes revisions to the parking requirements for take-out service and
full service eating and drinking establishments (i.e., “restaurants”). The Code Amendment
leaves all other parking requirements intact.
Policies:
1. LU 6.8.4 (Shared Parking Facilities).
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Encourage the development of shared parking facilities and management programs among
private property owners that provides for adequate parking for residents, guests, and
business patrons.
2. LU 6.16.4 (Shared Parking Facilities).
Work with property owners and developers to encourage more efficient use of parcels for
parking that can be shared by multiple businesses.
3. LU 6.20.2 (Shared Parking Structures).
Accommodate the development of structures that provide parking for multiple businesses
along the [Corona del Mar] corridor, provided that the ground floor of the street frontage is
developed for pedestrian-oriented retail uses.
4. CE 8.1.9 (Shared Parking Facilities).
Consider allowing shared parking in mixed use and pedestrian oriented areas throughout
the City.
Fact in Support of Policies:
The Code Amendment would allow the Community Development Director to administratively
allow shared parking for multiple businesses when there is a clear and demonstrated offset in
operational hours.
Policies:
1. CE 6.1.4 (Rideshare Vehicles).
Monitor the volume and proliferation of on demand rideshare services (e.g., Uber and Lyft)
and respond with appropriate level of design guidance and regulation of curbside uses
(including loading zone) and parking lot utilization.
2. CE 7.1.5 (Facilities for Alternative Modes).
Require new development projects to provide facilities commensurate with the development
type and intensity to support alternative modes, such as preferential parking for carpools,
bike racks, bike stations, bicycle lockers, showers, commuter information areas, rideshare
vehicle loading areas, water transportation docks, and bus stop improvements.
3. CE 8.1.2 (Parking Considerations of Rideshare Vehicles).
Develop parking demand statistics that consider the efficiency of rideshare services and the
potential for reduction in parking requirements.
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Fact in Support of Policies:
The Code Amendment considers alternative modes of transportation and encourages them
through offering reduced parking requirements when onsite accommodations are provided.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Code Amendment
is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance
with Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
2. The Planning Commission hereby recommends approval of the Code Amendment, as set
forth in Exhibit “A,” which is attached hereto and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF APRIL 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:___________________________
Curtis Ellmore, Chair
BY:____________________________
Sarah Klaustermeier, Secretary
Attachment: Exhibit A – Title 20 (Planning and Zoning) Amendment
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EXHIBIT “A”
TITLE 20 (PLANNING AND ZONING) CODE AMENDMENT
A portion of Table 2-4 in Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-4
ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Office Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
OA OG OM OR Specific Use
Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P P P Section 20.48.090
Bars, Lounges, and Nightclubs CUP — — CUP Section 20.48.090
Fast Food (no late hours) (1)(2) P/MUP P/MUP — — Section 20.48.090
Fast Food (with late hours) (1) MUP MUP — — Section 20.48.090
Food Service (no alcohol, no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (1) MUP MUP MUP MUP Section 20.48.090
Food Service (with late hours) (1) CUP CUP CUP CUP Section 20.48.090
Take-Out Service—Fast-Casual (up to 20 seats) (2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
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A portion of Table 2-5 in Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
CC CG CM CN CV CV-LV Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to
public)
P P P P P P Section 20.48.090
Bars, Lounges, and Nightclubs CUP CUP CUP CUP CUP — Section 20.48.090
Fast Food (no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090
Food Service (no alcohol, no late
hours) (1)(2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090
Food Service (with late hours) (1) CUP CUP CUP CUP CUP CUP Section 20.48.090
Take-Out Service—Fast-Casual (up to
20 seats) (2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
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A portion of Table 2-8 in Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-8
ALLOWED USES AND PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM
(6) MU-DW
MU-
CV/15th
St. (7)
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P P P Section 20.48.090
Fast Food (no late hours) (4)(5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (4) MUP MUP P/MUP MUP Section 20.48.090
Food Service (no late hours) (4)(5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (with late hours) (4) CUP CUP CUP CUP Section 20.48.090
Take-Out Service—Fast-Casual (up to 20 seats)
(5)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
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A portion of Table 2-9 in Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-9
ALLOWED USES AND PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit
(Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit
(Section 20.52.040)
— Not allowed *
Land Use MU-W1
(5)(6) MU-W2 Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P Section 20.48.090
Fast Food (no late hours) (3)(4) P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (3) MUP MUP Section 20.48.090
Food Service (no alcohol, no late hours) (3)(4) P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (3) MUP MUP Section 20.48.090
Food Service (with late hours) (3) CUP CUP Section 20.48.090
Take-Out Service—Fast-Casual (up to 20 seats) (3) (4) P/MUP P/MUP Section 20.48.090
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Planning Commission Resolution No. PC2023-019
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Portions of Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off-Street
Parking Spaces Required) of the NBMC is amended to read as follows:
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net
public area, whichever is greater
Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Food Service with/without alcohol, with/without late hours 1 per 100 sq. ft., and 1 per 150 sq. ft. for
outdoor dining areas
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor
dining areas
Take-Out Service—Fast-Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining areas
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
stricken and removed in its entirety as follows:
20.40.060 Reserved.
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) is amended as
follows:
The number of parking spaces required by this chapter may be reduced only in compliance
with the following standards and procedures.
A. ADA Compliance. The Director may administratively reduce parking requirements due
to a loss of parking spaces because of ADA requirements associated with tenant
improvements.
B. Reduction of Required Off-Street Parking. Residential and nonresidential off-street
parking requirements may be reduced with the approval of a conditional use permit in
compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
and in compliance with the following conditions:
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Planning Commission Resolution No. PC2023-019
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1. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
2. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the
same parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking);
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Reduction of Required Off-Street Parking by Director. Nonresidential off-street parking
requirements may be reduced by a maximum of 20 percent with the approval of the
Director using any combination of the following:
1. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development).
2. On-Site Bicycle Facilities. Required nonresidential off-street parking may be
reduced where there is a demonstrated use of bicycles as a mode of
transportation. The Director may reduce the number of required parking spaces
by one space for every three bicycle parking spaces provided on the same site
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Planning Commission Resolution No. PC2023-019
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they serve, up to five percent of the total requirement in compliance with the
following conditions:
a. The applicant has provided sufficient evidence to substantiate that there
exists a demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property
they serve.
c. An additional five percent reduction may be allowed when enhanced end-of-
trip facilities are provided on the same site they serve, including, but not
limited to showers and locker facilities.
3. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent in compliance with the following conditions:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiguous feet of
onsite dedicated curb-space located entirely on private property; or
b. There is one off-street parking space designated and with proper signage for
the use of shared-mobility vehicles and/or pick-up/drop-off located on private
property and on the same site it is intended to serve.
E. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced where two (2) or more nonresidential uses on the same site have distinct and
differing peak parking demands (e.g., a theater and a bank). The Director may grant a
joint use of parking spaces between the uses that results in a reduction in the total
number of required parking spaces in compliance subject to the following conditions:
1. The most remote space is located within a convenient distance to the use it is
intended to serve;
2. The amount of reduction is no greater than the number of spaces required for the
least intensive of the uses sharing the parking;
3. The probable long-term occupancy of the structures, based on their design, will
not generate additional parking demand;
4. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that there is no conflict in the peak parking demand
for the uses proposing to make joint use of the parking facilities; and
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Planning Commission Resolution No. PC2023-019
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5. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
F. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant’s expense.
The definition of “Take-out service, limited” in Section 20.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended as follows:
8. “Take-out service—Fast-casual” means an establishment that sells food or beverages and
that has all of the following characteristics:
a. Sales are primarily for off-site consumption;
b. Customers order and pay for food at either a counter or service window;
c. No more than a total of 20 seats, including seats in interior areas and seats in outdoor
dining areas, may be provided for on-site consumption of food or beverages; and
d. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
28
Attachment No. PC 2
Draft Resolution Recommending Submittal
of the Local Coastal Program Amendment
to the Coastal Commission
29
INTENTIONALLY BLANK PAGE30
RESOLUTION NO. PC2023-020
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL COASTAL
PROGRAM AMENDMENT TO TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT
BEACH MUNICIPAL CODE RELATED TO COMMERCIAL
PARKING (PA2021-104)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the California 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. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan as amended from time to time.
3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) (“Title 21”) to the City of Newport Beach Municipal Code
(“NBMC”) whereby the City assumed coastal development permit-issuing authority on
January 30, 2017.
4. On January 26, 2021, the City Council of the City of Newport Beach (“City”) conducted
a study session regarding parking regulations and outdoor dining. At the conclusion of
the session, the City Council asked staff to study potential updates to the City’s parking
regulations to modernize them, to address emerging trends such as rideshare and
delivery services and identify other changes to support the retention of expanded
outdoor dining due to the COVID-19 pandemic.
5. City staff retained a parking consultant, Nelson\Nygaard, to help study best practices
and returned to a City Council study session on November 30, 2021, to share some of
the initial findings. The City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 21 of the NBMC related to parking (“Code Amendment”).
6. On September 7, 2022, City staff hosted a virtual community meeting to share potential
changes to the regulations related to parking.
7. On October 20, 2022, the Planning Commission conducted a study session to discuss
and provide input and direction to City staff on the identified potential updates to the
NBMC, including bicycle-based reductions, shared-mobility-based reductions, revised
parking ratios, and administrative reductions by the Community Development Director.
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Planning Commission Resolution No. PC2023-020
Page 2 of 9
8. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures)
of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article
5 (Public Participation) (“Section 13515”), drafts of the LCP Amendment were made
available, and a Notice of Availability was distributed at least six weeks prior to the
anticipated final action date.
9. A public hearing was held on April 20, 2023, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. (“Ralph M. Brown Act”), Chapter 21.62 (Public Hearings) of the NBMC, and
Section 13515. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 20165 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Code Amendment is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment.
SECTION 3. FINDINGS.
An amendment to Title 21 (Local Coastal Program Implementation Plan) of NBMC is a
legislative act. There are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council’s
initiation and is in furtherance of the Coastal Land Use Plan’s Goals and, specifically, the
following Policies:
Policies:
1. 2.1.4-5.
Development shall be designed and planned to achieve high levels of architectural quality
and compatibility among on-site and off-site uses. Adequate pedestrian, non-automobile
and vehicular circulation and parking shall be provided.
2. 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.
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3. 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.
Facts in Support of Policies:
The Code Amendment includes revisions to the parking requirements for some commercial
uses, including take-out service and full service eating and drinking establishments (i.e.,
“restaurants”). The Code Amendment leaves most other parking requirements intact. The Code
Amendment further considers alternative modes of transportation and encourages them
through offering reduced parking requirements when accommodations are provided.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Code Amendment
is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance
with Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(“CEQA Guidelines”). The Code Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit this Local Coastal Program Amendment, as set forth in Exhibit “A,”
which is attached hereto and incorporated herein by reference, to the California Coastal
Commission.
3. This Code Amendment shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by ordinance of the City Council.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF APRIL 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: ____________________________
Curtis Ellmore, Chair
33
Planning Commission Resolution No. PC2023-020
Page 4 of 9
BY: ____________________________
Sarah Klaustermeier, Secretary
Attachment: Exhibit A – Title 21 (Local Coastal Program Implementation Plan) Amendment
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Planning Commission Resolution No. PC2023-020
Page 5 of 9
EXHIBIT “A”
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
A portion of Table 21.20-1 in Section 21.20.020 (Commercial Coastal Zoning Districts
Land Uses) of the NBMC is amended to read as follows:
TABLE 21.20-1
ALLOWED USES
Commercial Coastal Zoning Districts
A Allowed
— Not Allowed *
Land Use
CC CG CM
(3) CN CV
(3)
CV-
LV
(3)
OG Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A A A A A
Bars, Lounges, and Nightclubs A A A A A — —
Fast Food A A A A A A A
Food Service A A A A A A A
Take-Out Service—Fast-Casual (up to 20 seats) A A A A A A A
A portion of Table 21.22-1 in Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land
Uses) of the NBMC is amended to read as follows:
TABLE 21.22-1
ALLOWED USES
Mixed-Use Zoning Districts
A Allowed
— Not Allowed *
Land Use
MU-V
(6)
MU-
MM
(4)
MU-
CV/15th
St.
(5)(6)
Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A
Fast Food A A A
Food Service A A A
Take-Out Service—Fast-Casual (up to 20 seats) A A A
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Portions of Table 21.40-1 (Off-Street Parking Requirements) in Section 21.40.040 (Off-
Street Parking Spaces Required) of the NBMC are amended to read as follows:
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of
net public area, whichever is greater
Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Food Service with/without alcohol, with/without late hours 1 per 100 sq. ft., and 1 per 150 sq. ft. for
outdoor dining areas
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for
outdoor dining areas
Take-Out Service—Fast-Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining
areas
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
stricken and removed in its entirety as follows:
21.40.060 Reserved.
Section 21.40.110 (Adjustments to Off-Street Parking Requirements) is amended as
follows:
The number of parking spaces required by this chapter may be reduced only in compliance
with the following standards and procedures.
A. ADA Compliance. The Community Development Director may administratively reduce
parking requirements due to a loss of parking spaces because of ADA requirements
associated with tenant improvements.
B. Reduction of Required Off-Street Parking. Off-street parking requirements may be
reduced as follows:
36
Planning Commission Resolution No. PC2023-020
Page 7 of 9
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
b. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced where two or more nonresidential uses on the same site or immediately
adjacent sites have distinct and differing peak parking demands (e.g., a theater and
a bank). The review authority may grant a joint use of parking spaces between the
uses that results in a reduction in the total number of required parking spaces.
3. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced
where there is a demonstrated use of bicycles as a mode of transportation. The
review authority may reduce the number of required parking spaces by one space
for every three bicycle parking spaces provided on the same site they serve, up to
five percent of the total requirement in compliance with the following conditions:
a. The applicant has provided sufficient evidence to substantiate that there exists
a demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property
they serve.
a. An additional five percent reduction may be allowed when end-of-trip facilities for
employees are provided on the same site they serve, including, but not limited to
showers and locker facilities.
4. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent in compliance with the following conditions:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiguous feet of onsite
dedicated curb-space located entirely on private property; or
37
Planning Commission Resolution No. PC2023-020
Page 8 of 9
b. There is one off-street parking space designated and signed for the use of
shared-mobility vehicles and/or pick-up/drop-off located on private property and
on the same site it is intended to serve.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the same
parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the use of
alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit,
shuttles, bicycles and walking) pursuant to Section 21.44.030 (Transportation
Demand Management); and
6. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant’s expense.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-
street parking requirements shall be approved that impacts public parking available for
coastal access.
The definition of “Take-out service, limited” in Section 21.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended as follows:
8. “Take-out service—Fast-casual” means an establishment that sells food or beverages and
that has all of the following characteristics:
a. Sales are primarily for off-site consumption;
38
Planning Commission Resolution No. PC2023-020
Page 9 of 9
b. Customers order and pay for food at either a counter or service window;
c. No more than a total of 20 seats, including seats in interior areas and seats in outdoor
dining areas, may be provided for on-site consumption of food or beverages; and
d. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
39
INTENTIONALLY BLANK PAGE40
Attachment No. PC 3
Redline-Strikeout Changes
41
INTENTIONALLY BLANK PAGE42
TITLE 20 (PLANNING AND ZONING) CODE AMENDMENT
A portion of Table 2-4 in Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-4
ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Office Zoning Districts
Permit Requirements *
P Permitted by Right
CUP
Conditional Use Permit
(Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
OA OG OM OR Specific Use
Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P P P Section 20.48.090
Bars, Lounges, and Nightclubs CUP — — CUP Section 20.48.090
Fast Food (no late hours) (1)(2) P/MUP P/MUP — — Section 20.48.090
Fast Food (with late hours) (1) MUP MUP — — Section 20.48.090
Food Service (no alcohol, no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (1) MUP MUP MUP MUP Section 20.48.090
Food Service (with late hours) (1) CUP CUP CUP CUP Section 20.48.090
Take-Out Service, Limited—Fast-Casual (up to 20
seats) (2)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
43
A portion of Table 2-5 in Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
CC CG CM CN CV CV-LV Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to
public)
P P P P P P Section 20.48.090
Bars, Lounges, and Nightclubs CUP CUP CUP CUP CUP — Section 20.48.090
Fast Food (no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090
Food Service (no alcohol, no late
hours) (1)(2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090
Food Service (with late hours) (1) CUP CUP CUP CUP CUP CUP Section 20.48.090
Take-Out Service, Limited—Fast-
Casual (up to 20 seats) (2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090
44
A portion of Table 2-8 in Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-8
ALLOWED USES AND PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM
(6) MU-DW
MU-
CV/15th
St. (7)
Specific Use
Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P P P Section 20.48.090
Fast Food (no late hours) (4)(5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (4) MUP MUP P/MUP MUP Section 20.48.090
Food Service (no late hours) (4)(5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (with late hours) (4) CUP CUP CUP CUP Section 20.48.090
Take-Out Service, Limited—Fast-Casual (up to 20
seats) (5)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
45
A portion of Table 2-9 in Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) of the NBMC is amended to read as follows:
TABLE 2-9
ALLOWED USES AND PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit
(Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit
(Section 20.52.040)
— Not allowed *
Land Use MU-W1
(5)(6) MU-W2 Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) P P Section 20.48.090
Fast Food (no late hours) (3)(4) P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (3) MUP MUP Section 20.48.090
Food Service (no alcohol, no late hours) (3)(4) P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (3) MUP MUP Section 20.48.090
Food Service (with late hours) (3) CUP CUP Section 20.48.090
Take-Out Service, Limited—Fast-Casual (up to 20 seats)
(3) (4)
P/MUP P/MUP Section 20.48.090
46
Portions of Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off-Street
Parking Spaces Required) of the NBMC is amended to read as follows:
TABLE 3-10
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of
net public area, whichever is greater
Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Food Service with/without alcohol, with/without late hours 1 per 30—50 sq. ft. of net public area,
including outdoor dining areas exceeding
25% of the interior net public area or 1,000
sq. ft., whichever is less. See Section
20.40.060
1 per 100 sq. ft., and 1 per 150 sq. ft. for
outdoor dining areas
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for
outdoor dining areas
Take-Out Service—LimitedFast-Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining
areas
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
stricken and removed in its entirety as follows:
20.40.060 Parking Requirements for Food Service Uses Reserved.
A. Establishment of Parking Requirement. The applicable review authority shall establish
the off-street parking requirement for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon the following
considerations:
1. Physical Design Characteristics.
a. The gross floor area of the building or tenant space;
b. The number of tables or seats and their arrangement;
c. Other areas that should logically be excluded from the determination of net public
area;
47
d. The parking lot design, including the use of small car spaces, tandem and valet
parking and loading areas;
e. Availability of guest dock space for boats; and
f. Extent of outdoor dining.
2. Operational Characteristics.
a. The amount of floor area devoted to live entertainment or dancing;
b. The amount of floor area devoted to the sale of alcoholic beverages;
c. The presence of pool tables, big screen televisions or other attractions;
d. The hours of operation; and
e. The expected turnover rate.
3. Location of the Establishment.
a. In relation to other uses and the waterfront;
b. Availability of off-site parking nearby;
c. Amount of walk-in trade; and
d. Parking problems in the area at times of peak demand.
B. Conditions of Approval. If during the review of the application, the review authority uses
any of the preceding considerations as a basis for establishing the parking requirement,
the substance of the considerations shall become conditions of the permit application
approval and a change to any of the conditions will require an amendment to the permit
application, which may be amended to establish parking requirements within the range
as noted above.
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) is amended as
follows:
The number of parking spaces required by this chapter may be reduced only in compliance
with the following standards and procedures.
A. ADA Compliance. The Director may administratively reduce parking requirements due
to a loss of parking spaces because of ADA requirements associated with tenant
improvements.
B. Reduction of Required Off-Street Parking. Residential and nonresidential off-street
parking requirements may be reduced with the approval of a conditional use permit in
compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
and in compliance with the following conditionsas follows:
1. Reduced Parking Demand. Required off-street parking may be reduced with the
approval of a conditional use permit in compliance with the following conditions:
48
1. The applicant has provided sufficient data, including a parking study if required by
the Director, to indicate that parking demand will be less than the required number
of spaces or that other parking is available (e.g., City parking lot located nearby, on-
street parking available, greater than normal walk in trade, mixed-use development);
and
2. A parking management plan shall be prepared in compliance with subsection (C) of
this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced with the approval of a conditional use permit where two or more
nonresidential uses on the same site or immediately adjacent sites have distinct and
differing peak parking demands (e.g., a theater and a bank). The review authority
may grant a joint use of parking spaces between the uses that results in a reduction
in the total number of required parking spaces in compliance with the following
conditions:
a. The most remote space is located within a convenient distance to the use it is
intended to serve;
b. The amount of reduction is no greater than the number of spaces required for the
least intensive of the uses sharing the parking;
c. The probable long-term occupancy of the structures, based on their design, will
not generate additional parking demand;
d. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that there is no conflict in the peak parking demand
for the uses proposing to make joint use of the parking facilities;
e. The property owners involved in the joint use of parking facilities shall record a
parking agreement approved by the Director and City Attorney. The agreement
shall be recorded with the County Recorder, and a copy shall be filed with the
Department; and
f. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
49
1. Restricting land uses to those that have hours or days of operation so that the same
parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking in compliance with Section 20.40.100 (Off-Site Parking);
4. Providing parking attendants and valet parking; and
5. Other appropriate mitigation measures.
D. Reduction of Required Off-Street Parking by the Community Development Director.
Nonresidential off-street parking requirements may be reduced by a maximum of 20
percent with the approval of the Director using any combination of the following:
1. The applicant has provided sufficient data, including a parking study if required by
the Director, to indicate that parking demand will be less than the required number
of spaces or that other parking is available (e.g., City parking lot located nearby, on-
street parking available, greater than normal walk in trade, mixed-use development).
2. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced
with the approval of the Director where there is a demonstrated use of bicycles as a
mode of transportation. The Director may reduce the number of required parking
spaces by at least one space for every three bicycle parking spaces provided on the
same site they serve, up to a maximum of five percent of the total requirement in
compliance with the following conditions:
a. The applicant has provided sufficient evidence to substantiate that there exists a
demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property and
accessible to the members of the public they serve.
c. An additional five percent reduction may be allowed when end-of-trip facilities for
employees are provided on the same site they serve, including, but not limited to
showers and locker facilities.
3. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent with the approval of the Director in compliance with the
following conditions:
50
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiguous feet of onsite
dedicated curb-space located entirely on private property; or
b. There is one off-street parking space designated and with proper signage for the
use of shared-mobility vehicles and/or pick-up/drop-off located on private
property and on the same site it is intended to serve.
E. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced with the approval of the Director where two (2) or more nonresidential uses on
the same site have distinct and differing peak parking demands (e.g., a theater and a
bank). The Director may grant a joint use of parking spaces between the uses that
results in a net reduction in the total number of required parking spaces in compliance
with the following conditions:
1. The most remote space is located within a convenient distance to the use it is
intended to serve;
2. The amount of reduction is no greater than the number of spaces required for the
least intensive of the uses sharing the parking;
3. The probable long-term occupancy of the structures, based on their design, will not
generate additional parking demand;
4. The applicant has provided sufficient data, including a parking study if required by
the Director, to indicate that there is no conflict in the peak parking demand for the
uses proposing to make joint use of the parking facilities; and
5. A parking management plan shall be prepared in compliance with subsection (C) of
this section (Parking Management Plan).
F. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant’s expense.
The definition of “Take-out service, limited” in Section 20.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended as follows:
8. “Take-out service, limitedFast-casual” means an establishment that sells food or beverages
and that has all of the following characteristics:
51
a. Sales are primarily for off-site consumption;
b. Customers order and pay for food at either a counter or service window;
c. Incidental seating up to six seats No more than a total of 20 seats, including seats in
interior areas and seats in outdoor dining areas, may be provided for on-site
consumption of food or beverages; and
d. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
52
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
A portion of Table 21.20-1 in Section 21.20.020 (Commercial Coastal Zoning Districts
Land Uses) of the NBMC is amended to read as follows:
TABLE 21.20-1
ALLOWED USES
Commercial Coastal Zoning Districts
A Allowed
— Not Allowed *
Land Use
CC CG CM
(3) CN CV
(3)
CV-
LV
(3)
OG Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A A A A A
Bars, Lounges, and Nightclubs A A A A A — —
Fast Food A A A A A A A
Food Service A A A A A A A
Take-Out Service, Limited—Fast-Casual (up to 20 seats) A A A A A A A
A portion of Table 21.22-1 in Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land
Uses) of the NBMC is amended to read as follows:
TABLE 21.22-1
ALLOWED USES
Mixed-Use Zoning Districts
A Allowed
— Not Allowed *
Land Use
MU-V
(6)
MU-
MM
(4)
MU-
CV/15th
St.
(5)(6)
Specific Use
Regulations
See Part 7 of this Implementation Plan for land use
definitions.
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public) A A A
Fast Food A A A
Food Service A A A
Take-Out Service, Limited—Fast-Casual (up to 20 seats) A A A
53
Portions of Table 21.40-1 (Off-Street Parking Requirements) in Section 21.40.040 (Off-
Street Parking Spaces Required) of the NBMC are amended to read as follows:
TABLE 21.40-1
OFF-STREET PARKING REQUIREMENTS
Land Use Parking Spaces Required
Eating and Drinking Establishments
Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of
net public area, whichever is greater
Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Food Service with/without alcohol, with/without late hours 1 per 30—50 sq. ft. of net public area,
including outdoor dining areas 25% of the
interior net public area or 1,000 sq. ft.,
whichever is less. See Section 21.40.060
1 per 100 sq. ft., and 1 per 150 sq. ft. for
outdoor dining areas
Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for
outdoor dining areas
Take-Out Service—LimitedFast-Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining
areas
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
stricken and removed in its entirety as follows:
21.40.060 Parking Requirements for Food Service Uses Reserved.
C. Establishment of Parking Requirement. The applicable review authority shall establish
the off-street parking requirement for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon the following
considerations:
4. Physical Design Characteristics.
g. The gross floor area of the building or tenant space;
h. The number of tables or seats and their arrangement;
i. Other areas that should logically be excluded from the determination of net public
area;
54
j. The parking lot design, including the use of small car spaces, tandem and valet
parking and loading areas;
k. Availability of guest dock space for boats; and
l. Extent of outdoor dining.
5. Operational Characteristics.
f. The amount of floor area devoted to live entertainment or dancing;
g. The amount of floor area devoted to the sale of alcoholic beverages;
h. The presence of pool tables, big screen televisions or other attractions;
i. The hours of operation; and
j. The expected turnover rate.
6. Location of the Establishment.
e. In relation to other uses and the waterfront;
f. Availability of off-site parking nearby;
g. Amount of walk-in trade; and
h. Parking problems in the area at times of peak demand.
D. Conditions of Approval. If during the review of the application, the review authority uses
any of the preceding considerations as a basis for establishing the parking requirement,
the substance of the considerations shall become conditions of the permit application
approval and a change to any of the conditions will require an amendment to the permit
application, which may be amended to establish parking requirements within the range
as noted above.
Section 21.40.110 (Adjustments to Off-Street Parking Requirements) is amended as
follows:
The number of parking spaces required by this chapter may be reduced only in compliance
with the following standards and procedures.
A. ADA Compliance. The Community Development Director may administratively reduce
parking requirements due to a loss of parking spaces because of ADA requirements
associated with tenant improvements.
B. Reduction of Required Off-Street Parking. Off-street parking requirements may be
reduced as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. The applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
55
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
b. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced where two or more nonresidential uses on the same site or immediately
adjacent sites have distinct and differing peak parking demands (e.g., a theater and
a bank). The review authority may grant a joint use of parking spaces between the
uses that results in a reduction in the total number of required parking spaces.
3. On-Site Bicycle Facilities. Required nonresidential off-street parking may be reduced
where there is a demonstrated use of bicycles as a mode of transportation. The
review authority may reduce the number of required parking spaces by one space
for every three bicycle parking spaces provided on the same site they serve, up to
five percent of the total requirement in compliance with the following conditions:
a. The applicant has provided sufficient evidence to substantiate that there exists
a demand for bicycle parking; and
b. The bicycle parking spaces are located completely within the private property
they serve.
d. An additional five percent reduction may be allowed when end-of-trip facilities for
employees are provided on the same site they serve, including, but not limited to
showers and locker facilities.
4. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent in compliance with the following conditions:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiguous feet of onsite
dedicated curb-space located entirely on private property; or
b. There is one off-street parking space designated and signed for the use of
shared-mobility vehicles and/or pick-up/drop-off located on private property and
on the same site it is intended to serve.
C. Parking Management Plan. When a parking management plan to mitigate impacts
associated with a reduction in the number of required parking spaces is required by this
56
chapter, the parking management plan may include, but is not limited to, the following
when required by the review authority:
1. Restricting land uses to those that have hours or days of operation so that the same
parking spaces can be used by two or more uses without conflict;
2. Restricting land uses with high parking demand characteristics;
3. Securing off-site parking;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the use of
alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit,
shuttles, bicycles and walking) pursuant to Section 21.44.030 (Transportation
Demand Management); and
6. Other appropriate mitigation measures.
D. Required Data. In reaching a decision to allow a reduction of required parking spaces,
the review authority shall consider data submitted by the applicant or collected/prepared
at the applicant’s expense.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-
street parking requirements shall be approved that impacts public parking available for
coastal access.
The definition of “Take-out service, limited” in Section 21.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended as follows:
8. “Take-out service, limitedFast-casual” means an establishment that sells food or beverages
and that has all of the following characteristics:
e. Sales are primarily for off-site consumption;
f. Customers order and pay for food at either a counter or service window;
g. Incidental seating up to six seats No more than a total of 20 seats, including seats in
interior areas and seats in outdoor dining areas, may be provided for on-site
consumption of food or beverages; and
h. Alcoholic beverages are not sold, served, or given away on the premises.
57
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
58
Attachment No. PC 4
City Council Resolution No. 2021-121
59
INTENTIONALLY BLANK PAGE60
RESOLUTION NO. 2021-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 (PLANNING AND ZONING)
AND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO PARKING
REGULATION (PA2021-104)
WHEREAS, Section 20.66.020 of the Newport Beach Municipal Code ("NBMC")
provides that the City Council ("City Council") of the City of Newport Beach ("City ") may
initiate an amendment to the Zoning Code with or without a recommendation from the
Planning Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City's certified Local Coastal Program codified in
Title 21 of the NBMC to be initiated by the City Council; and
WHEREAS, the City Council desires to amend Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the NBMC related to
parking regulations to ensure parking requirements are in line with current national
standards and meet the needs of the City's residents and visitors.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC
related to parking regulations.
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
61
Resolution No. 2021-121
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act ("CEQA"),
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for
possible future actions which the agency, board, or commission has not approved or
adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 30th day of November, 2021.
ATTEST:
NEIII
Leilani I. Brown V
City Clerk o
f2NIA
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
A6rori C. Harp
City Attorney
a dAvery
yor
62
STATE OF CALIFORNIA If
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-121 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 30th day of November, 2021, and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1St day of December, 2021.
i-- 00&
101,
Leilani I. Brown
City Clerk
Newport Beach, California
63
INTENTIONALLY BLANK PAGE64
Attachment No. PC 5
Nelson\Nygaard Memos
65
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706 SOUTH HILL STREET, SUITE 1200 LOS ANGELES, CA 90014 213-785-5500 FAX 503-228-2320
nelsonnygaard.com
MEMORANDUM
To: City of Newport Beach
From: Nelson\Nygaard
Date: October 10, 2022
Subject: Considerations for Fast Casual Restaurant Use in Newport Beach Parking
Requirements (Revised)
Purpose
This memorandum provides considerations should the City decide to incorporate a new “Fast
Casual Restaurant” land use category into the proposed revisions to parking requirements for
food/commercial uses as originally proposed in 2021.
To support these recommendations, this memo includes the following:
Summary of the context behind this topic
Understanding of how the City, peers, and national standards define Fast Casual
Restaurant uses and their respective parking requirements (if applicable)
List of the pros and cons of pursuing the following options as it considers a future
code revision:
− Keeping the standard consistent with proposal for “Food Service” land uses (1
space per 100 sq. ft. GFA or Gross Floor Area)
− Keeping the standard consistent with proposals for “Takeout-Limited” land use (1
space per 250 sq. ft. GFA)
− Changing “gross floor area” to “customer/dining space floor area” as a standard
− Changing “gross floor area” to “seats” as a standard
− Requiring 20 or fewer seats for dining for the standard to apply
− Specific combinations of the above options
Context
In 2021, the City’s Planning Department proposed the following changes to the parking
requirements for eating and drinking establishments per the Newport Beach municipal code:
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Figure 1
Land Use
Current Newport Beach
Municipal Code Proposed Aligns closely with…
Parking Spaces Required Parking Spaces
Required
National
Standards Peer Codes
Accessory (open to
public)
1 per each 3 seats or 1 per
each 75 sq. ft of net public
area, whichever is greater
1 per 100 sq. ft. GFA,
including outdoor seating
areas
ITE
Food Service
with/without
alcohol,
with/without late
hours
1 per 30—50 sq. ft. of net
public area, including
outdoor dining areas
exceeding 25% of the
interior net public area or
1,000 sq. ft., whichever is
less. See Section
20.40.060
Laguna Beach
Food Service - Fast
Food
1 per 50 sq. ft. GFA, and 1
per 100 sq. ft. GFA for
outdoor dining areas
Encinitas
Wine Tasting
Room
1 per each 4 persons based
on allowed occupancy load
or as required by
conditional use permit
Take-Out Service -
Limited 1 per 250 sq. ft. GFA 1 per 250 sq. ft. GFA Fountain Valley
Reductions to required parking for establishments incorporating facilities for bicycles and
shared mobility into their designs were also proposed.
Following a presentation of these proposed changes in November 2021, City Council
inquired about how “fast casual” restaurant uses were being considered from a parking
standpoint. At this time, Newport Beach does not have a Fast Casual Restaurant land
use identified in its code. Instead, the existing uses as listed above are applicable to such
establishments.
Understanding of the Fast Casual Restaurant Land Use
Fast casual restaurants fall into a grey area between “fast food” and conventional restaurants.
They are typically considered to have the following attributes:
Payment and ordering at a counter (as opposed to full sit-down table waiting service)
Serving of food and beverage options may be self-serve, provided at a counter, or
served directly to a table with an order reference number
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Tables for eating (indoors and/or outdoors)
Food options priced affordably but made to order
Customers asked to bus their own tables
Drive-through service typically not available
Some examples of these uses range from national chains and franchises (e.g., Chipotle and
Starbucks), regional chains (e.g., Mendocino Farms), and local establishments (Alta Coffee).
Examples of “Fast Casual” or similar from Peer Cities and
National Standards
A survey of Orange County municipal codes resulted in no references of the exact land use
“Fast Casual” in minimum parking requirements. The table below references Institute of
Transportation Engineers (ITE) and Urban Land Institute (ULI) for the industry standard
definitions of “Fast Casual” and examines the closest land use designation in various peer
Orange County or with boundaries inside the Coastal Zone.
Figure 2
City Name and Definition of Applicable
Use
Minimum Parking
Requirement (Citywide) or
Industry Standard
Link to
Reference
Code
ITE Fast Casual A fast casual restaurant is a
sit-down restaurant with no wait staff or
table service
9.93 spaces per 1000 sq. ft. N/A
ULI Not defined within Shared Parking 3rd
Edition, but is referenced in tandem with
“Fast Food”
For example, Chipotle is referenced in
many ULI publications as Fast Casual
14.7 spaces per 1000 sq. ft. N/A
Encinitas No Similar Category N/A Sec.
30.54.030 –
A
Fountain
Valley
No Similar Category N/A Sec.
21.22.040
Huntington
Beach
Eating and Drinking Establishments
With 12 seats or less
1 per 200 sq. ft. Sec. 231.04
Laguna
Beach
Take-out 1 space per 100 sq. ft. or 1
space per 3 seats – whichever is
greater
Sec.
25.52.012
San
Clemente
No Similar Category N/A Section
17.64.050
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Dana Point Take-out shall mean a restaurant where
foods and/or beverages are sold directly
to the customer in a ready to consume
state for consumption off-site. A take-out
restaurant provides no more than four (4)
tables and sixteen (16) seats, either
inside or outside, for on-site
consumption.
1 stall per 250 sq. ft. Sec.
9.35.080
Laguna
Niguel
Retail Food an establishment where
food and/or beverages are offered and
primarily intended for off-premises
consumption, with ten or fewer seats,
and with no alcohol sales. Examples
include ice cream shops, delicatessens,
baked good establishments, and other
uses deemed to be similar by the
community development director.
5 spaces per 1,000 square feet
of gross floor area including
indoor/outdoor seating areas
Sec. 9-1-65
& 9-1-66
Orange Restaurant—20 seats or fewer, or
primary method is takeout
5 spaces per 1,000 SF of GFA. Sec.
17.34.060
Tustin Restaurants, take out including
delicatessens, donut shops, coffee
shops, or similar establishments at which
the consumption of food and beverages
occurs primarily away from the premises
1 space for each 250 sq. ft. of
gross floor area, plus a minimum
7-car stacking space for drive-
through, except no additional
parking spaces shall be required
when a restaurant use replaces
a retail, service, or office use on
a property located within the
Downtown Commercial Core
Specific Plan
Article 9, Ch.
2, Part 6 -
9263
Westminster Take-out, restaurants and cafés, offering
no seats or tables or offering 12 or fewer
seats, inclusive of all indoor and outdoor
seating
Parking requirement covered
under the general requirements
for shopping centers or 1
parking space for every 250
square feet or major fraction
thereof of gross floor area if
stand alone
Sec.
17.320.020
Options for Consideration
1. Keeping the standard consistent with proposal for “Food
Service” land uses (1 space per 100 sq. ft. GFA)
Rather than creating a new land use designation, we would propose including the
uses that otherwise would be ITE defined “Fast Casual” into the updated “Food
Service” parking requirement of 1 space per 100 sq. ft. GFA. Characteristics of land-
uses that might fall into the “Fast-Casual” land use designation are different. Table
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turnover at full-service dining establishments is much slower. This means that cars
use parking spaces for much longer periods of time, and likely all patrons will be
eating on-site compared to “Fast-Casual” or “Take-Out” which sees a larger share of
patrons order on-site and eat elsewhere.
Pros Spares the burden of having to create a distinct, new “fast casual restaurant” land
use to the municipal code
Cons This would likely result in restaurant land uses with higher turnover, like “fast
casual”-type restaurants under the ITE definition, being overparked
Using GFA of restaurants to estimate demand likely overestimates the demand,
given that GFA includes areas of the building that do not generate demand (e.g.,
storage, walk-in refrigerators, bathrooms, and staircases/ramps/elevator shafts)
2. Keeping the standard consistent with proposals for “Takeout-
Limited” land use (1 space per 250 sq. ft. GFA)
Rather than creating a new land use designation, we would propose including the
uses that otherwise would be ITE defined “Fast Casual” into the updated “Take-Out
Limited” parking requirement of 1 space per 250 sq. ft. GFA. Customer turnover at
fast-casual restaurants is typically much higher than that of a sit-down, full-service
restaurant. This means that less parking spaces will serve more cars in the parking lot
of a fast-casual restaurant, similar to that of a take-out restaurant.
Pros Spares the burden of having to create a distinct new “fast casual restaurant” land
use to the municipal code
This would likely result in right-sized parking for what could be considered “fast
casual”-type restaurants under the ITE definition
Cons Using GFA of restaurants to estimate demand may overestimate the demand,
given that GFA includes areas of the building that do not generate demand (e.g.,
storage, walk-in refrigerators, bathrooms, and staircases/ramps/elevator shafts)
3. Changing “gross floor area” to “customer/dining space floor
area” as a standard
Title 20 of the Newport Beach Municipal Code explains Gross Floor Area (Floor Area,
Gross) or “GFA” to include storage areas, balconies, areas where ceiling height is
above 6ft, and other areas that are unlikely to drive demand for parking. The
intention of parking requirements is to accurately measure the area from which
parking demand is created. Shifting from “GFA” to “Customer/Dining Space Floor
Area” as the determining factor of demand generation would help to right-size
parking for restaurant uses.
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Pros More accurate to true demand than GFA (dining area is the primary demand
generator for restaurants)
Size of dining area also correlates to number of staff needed to serve the area
Retail and service industry staff are statistically more likely to arrive at work by
mode other than single occupancy vehicle1
Would likely result in more right-sized parking for what could be considered “fast
casual”-type restaurants under the ITE definition than using GFA would
Cons Should update all restaurant requirements to use “customer/dining space floor
area” to remain consistent
4. [Combination of 1 & 3] Keeping the standard consistent with
proposals for “Takeout-Limited” land use (1 space per 100 sq. ft.
customer/dining space floor area)
See Options 1 & 3
Pros More accurate to true demand than GFA (dining area is the primary demand
generator for restaurants)
Size of dining area also correlates to number of staff needed to serve the area
Retail and service industry staff are statistically more likely to arrive at work by
mode other than single occupancy vehicle
Cons Using sit-down restaurant ratios would likely result in restaurant land uses with
higher turnover, like “fast casual”-type restaurants under the ITE definition, being
overparked
Should update all restaurant requirements to use “customer/dining space floor
area” to remain consistent
5. [Combination of 2 & 3] Keeping the standard consistent with
proposals for “Takeout-Limited” land use (1 space per 250 sq. ft.
customer/dining space floor area) and requires 20 or fewer seats
for dining.
See Options 2 & 3, Cities of Orange, Dana Point, Westminster, and Huntington Beach
Municipal Code
1 Average share of peak parking demand consumed by retail employees 20%
(Urban Land Institute Shared Parking, 2nd Edition, Table 2-2, pg. 11) & (The True Cost of Free Parking. Shoup,
Donald. Pg. 86)
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Pros More accurate to true demand than GFA (dining area is the primary demand
generator for restaurants)
Size of dining area also correlates to number of staff needed to serve the area
Retail and service industry staff are statistically more likely to arrive at work by
mode other than single occupancy vehicle
Seat limit ensures that restaurant’s primary function is for take-out and fast
casual/high-turnover style operations
Cons Should update all restaurant requirements to use “customer/dining space floor
area” to remain consistent
6. [Combination of 2 & 3] Keeping the standard consistent with
proposals for “Takeout-Limited” land use (1 space per 250 sq. ft.
customer/dining space floor area)
See Options 2 & 3
Pros More accurate to true demand than GFA (dining area is the primary demand
generator for restaurants)
Size of dining area also correlates to number of staff needed to serve the area
Retail and service industry staff are statistically more likely to arrive at work by
mode other than single occupancy vehicle
Cons Should update all restaurant requirements to use “customer/dining space floor
area” to remain consistent
7. Changing “gross floor area” to “seats” as a standard
Changing from “GFA” to “Seats” as the determining factor of demand generation
would be less stable than using customer/dining space floor area because of the
flexibility of restaurant front-of-house design.
Pros Could perhaps provide a more accurate approximation of parking needs than sq.
ft.
Specific unit to restaurants, can also use “tables” as proxy
Cons Presents a challenge for the City to identify effective ratio based on restaurant
type. Depending on demographic of clientele, true parking demand can vary
widely—e.g., Family restaurants (lower demand due to higher likelihood to
carpool) vs young professionals (higher demand due to higher likelihood to drive
alone)
Limits the ability of restaurants to be flexible and change layout of dining rooms or
host special events and etcetera
Should update all restaurant requirements to use “seats” to remain consistent
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Recommendation
The first priority for identifying a recommended option for Fast Casual Restaurants is that it
provides a reduction from the current requirement for “Food Service” (1 space per 30 to 50
square feet). The current requirement is higher than multiple peer cities and presents a
challenging barrier for establishments operating under the spatial constraints in Newport
Beach’s waterfront and beachfront districts and/or interested in offering outdoor dining –
which continues to be a popular outcome of the emergency legislation enabling such
operations since the COVID-19 pandemic began – a permanent fixture.
Among the multiple options outlined above, we recommend Option 5. This is a combination
of options 2 & 3 and incorporates a dining seat limit—an element used by peer Orange
County cities—which keeps the standard consistent with our recommendations for the
“Takeout-Limited” land use (1 space per 250 sq. ft. customer/dining space floor area).
Takeout-Limited is comparable to the definition ITE prescribes to “Fast Casual Restaurant”.
Option 5 also updates the ratio to specifically calculate demand based on the demand-
generating space (the dining area) of the restaurant land use, reducing the risk of over-
requiring parking. Option 5 also caps seating capacity at 20 to ensure that the primary
function of the restaurant is providing takeout service, with the shorter parking stays and
reduced demand “accumulation” that such uses generate.
The City can act on this recommendation by creating a new "Fast Casual Restaurant" land use
category or amending the definition of "Takeout-Limited" to include fast casual restaurants
up to 20 seats.
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706 SOUTH HILL STREET, SUITE 1200 LOS ANGELES, CA 90014 213-785-5500 FAX 503-228-2320 nelsonnygaard.com
MEMORANDUM
To: City of Newport Beach
From: Nelson\Nygaard
Date: March 2, 2023
Subject: Considerations for Office and Medical Office Use in Newport Beach Parking Requirements
Purpose This memorandum provides considerations should the City decide to revise the “Medical Office” land use
category. Analysis shown here will examine the projected impacts of aligning “Medical Office” parking ratios
with “Office” parking ratios.
To support these recommendations, this memo includes the following:
Summary of the context behind this topic
Understanding of how the City, peer cities, and national standards define Medical Office uses and how they compare to General Office uses their respective parking requirements (if applicable)
List of the pros and cons of pursuing the following options as it considers a future code revision:
− Keep the parking space requirement for “Offices—Medical and Dental Offices” at 1 per 200 sq. ft. GFA,
for all zoning districts
− Keep the parking space requirement for “Offices—Medical and Dental Offices” at 1 per 200 sq. ft. GFA, for all but MU Districts in which the requirement would be reduced to 1 per 250 sq. ft. GFA
− Consolidate the parking space requirements to 1 per 300 sq. ft. for up to 125,000 sq. ft. GFA, and keep
the current ratio of 1 per 350 sq. ft. GFA for Office uses of more than 125,000 sq. ft. GFA
− Consolidate the parking space requirements to 1 per 300 sq. ft. for Office uses of any size Context
In 2021, the City’s Planning Department proposed the following changes to the parking requirements for offices per the Newport Beach municipal code:
Figure 1
Office Uses Current Ratio Proposed - General Precedents Proposed – MU Districts Precedents
Office - General
1 per 250 sq. ft. net floor area (first 50,000 sq. ft.) 1 per 300 sq. ft net floor area (next 75,000 sq. ft.) 1 per 350 sq. ft. net floor area (above 125,001 sq. ft.) No Change N/A
1 per 350 sq. ft. GFA
San Clemente
Office – Medical/ Dental 1 per 200 sq. ft. GFA 1 per 250 sq. ft. GFA ITE – 2.39 per 1,000 GSF ( or 1 per 310 GSF)
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Reductions to required parking for offices incorporating facilities for bicycles and shared mobility into their designs were also proposed.
Following a presentation of these proposed changes in November 2021, City Council inquired about how “Medical Office” uses were being considered compared to “General Office” from a parking standpoint.
Because of the changing landscape of office parking demand due to most companies being more flexible
and permitting employees to work remotely, Council requested that staff consider disaggregating the uses from one-another. Understanding of the Medical Office Land Use
Medical office uses tend to have a different demand profile than general office uses and medical uses. The main driver of demand for medical offices is the clientele. One or more physicians or nurses will staff these
offices and provide routine diagnoses or outpatient care—not long term or surgical procedures. This use
typically operates within “bankers hours” or 7am to 5pm. According to the Institute of Transportation Engineers, demand profiles for time-of-day differ between suburban and multi-use districts. Examples of “Medical Office” or similar from Peer Cities and National Standards and Comparison to General Office
A survey of Orange County municipal codes resulted in no references of the exact land use “Medical Office”
in minimum parking requirements. The table below references Institute of Transportation Engineers (ITE) and
Urban Land Institute (ULI) for the industry standard definitions of “Medical Office” and examines the closest land use designation in various peer Orange County localities or those with boundaries inside the Coastal
Zone.
Figure 2
City/ Industry Standard
Land Use Minimum Parking Requirement (Citywide) or Industry Standard for Medical Office or Similar
Comparison to Peer City/National Standard General Office or Similar Link to Reference Code
ITE Medical Office 3.23 spaces per 1000 sq. ft. Higher
2.4 per 1000 sq. ft.
N/A
ULI Medical Office 4.6 spaces per 1000 sq. ft. Higher
Office <125k sq. ft.: 3.8 per 1000 sq. ft.
Office >125k sq. ft.: 2.8 per 1000 sq. ft.
N/A
Encinitas Medical, dental and veterinary offices/clinics
1 space for each 200 sq. ft. of gross floor area Higher
(1 space for each 250 sq. ft. of gross floor space)
Sec. 30.54.030 – A
Fountain Valley Clinics, medical/dental offices
1 space for each 200 sq. ft. of gross floor area Higher
(Offices, administrative, corporate: 1 space for each 300 sq. ft. of gross floor area.)
(Offices, not providing on-premises customer service: 1 space for each 400 sq. ft. of gross floor area.)
Sec. 21.22.040
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City/ Industry Standard
Land Use Minimum Parking Requirement (Citywide) or Industry Standard for Medical Office or Similar
Comparison to Peer City/National Standard General Office or Similar Link to Reference Code
Huntington Beach Offices, medical and dental 1 per 175 sq. ft. (includes out-patient medical/surgery centers)
Higher
(1 per 250 sq. ft. for less than 250,000 sq. ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or more)
Sec. 231.04
Laguna Beach General office and other business, technical, service, administrative or professional offices
1 space for each 250 square feet of gross floor area.
Same
(1 space for each 250 square feet of gross floor area)
Sec. 25.52.012
San Clemente Office, Medical 1 per 200 sq. ft. Higher In MU Zones within the CB Overlay: 1 per 350 sq. ft.
Elsewhere: 1 per 300 sq. ft.
Section 17.64.050
Dana Point Medical and Dental Office 1 stall per 150 sq. ft. Higher (1 stall/300 SF GFA) Sec. 9.35.080
Laguna Niguel (1) General retail uses, including supermarket, delicatessen, bakery, ice cream store and candy store, (not included are restaurants, medical office, general office, financial and cinema)
1 space per 200 square feet of gross floor area Higher (4 spaces per 1,000 square feet for office square footage which exceeds 10% of gross floor área)
Sec. 9-1-65
Orange Medical Offices (Includes dental offices)
5 spaces per 1,000 SF of GFA. Higher 3 spaces per 1000 SF of GFA Sec. 17.34.060
Tustin Clinics, medical/dental offices
1 space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical space within a building or center and 6 spaces for each 1,000 sq. ft. of gross floor area in excess of 4,000 square feet; except for locations in the Combining Parking District (P) where 1 space for each 300 sq. ft. of gross floor area shall apply
Same 1 space for each 250 sq. ft. of gross floor area for the first 25,000 sq. ft. and 1 space for each 300 sq. ft. thereafter; except for locations in the Combining Parking District (P) where 1 space for each 300 sq. ft. of gross floor area shall apply
Article 9, Ch. 2, Part 6 - 9263
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City/ Industry Standard
Land Use Minimum Parking Requirement (Citywide) or Industry Standard for Medical Office or Similar
Comparison to Peer City/National Standard General Office or Similar Link to Reference Code
Westminster Banks and financial services and medical offices
1 parking space per 200 square feet of gross floor area, or major fraction thereof, except that within a retail shopping center, the parking standards for retail shopping centers shall apply
1 parking space for every 200 SF, or major fraction thereof, of GFA of the story containing the greatest square footage; and 1 parking space for every 500 SF, or major fraction thereof, of GFA of all other stories. If single story, 1 parking space for every 200 SF shall be provided. If within a retail shopping center, the parking standards for retail shopping centers shall apply
Sec. 17.320.020
Options for Consideration
Medical Office Uses
1. Keep the parking space requirement for “Offices—Medical and Dental Offices” at 1 per 200 sq. ft.
GFA, for all zoning districts.
2. Keep the parking space requirement for “Offices—Medical and Dental Offices” at 1 per 200 sq. ft. GFA, for all but MU Districts in which the requirement would be reduced to 1 per 250 sq. ft. GFA.
By reducing parking costs, the lower parking ratio in MU districts could help encourage more development
of these vital community resources closer to residential populations. This, in turn, would create more opportunities for patients to access care within walking, biking, and short transit rides of home. Within
typical MU districts, patients are also likely to include area employees who walk to appointments from their workplaces. For this reason, we recommend Option 2.
General Office Uses
1. Consolidate the parking space requirements to 1 per 300 sq. ft. for up to 125,000 sq. ft. GFA, and keep the current ratio of 1 per 350 sq. ft. GFA for Office uses of more than 125,000 sq. ft. GFA.
2. Consolidate the parking space requirements to 1 per 300 sq. ft. for Office uses of any size.
This elimination of the higher parking requirement for smaller Office uses aligns with evolving trends in office culture, particularly increased rates of remote and hybrid work settings among office employees
during a typical week. Maintaining the reduced requirement for larger Office uses is likewise compatible with
these trends, while also reflecting long-established code practice of recognizing the parking efficiencies of larger Office buildings/complexes. For these reasons, we recommend Option 1.
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Recommendation Summary
Figure 3
Land Use Current Ratio Proposed for Non-MU Districts Precedents Proposed – MU Districts Precedents
Office - General 1 per 250 sq. ft. net floor area (first 50,000 sq. ft.) 1 per 300 sq. ft net floor area (next 75,000 sq. ft.) 1 per 350 sq. ft. net floor area (above 125,001 sq. ft.)
1 per 300 sq. ft. GFA (first 125,000 sq. ft) 1 per 350 sq. ft. GFA (above 125,001 sq. ft.)
San Clemente 1 per 350 sq. ft. GFA San Clemente
Office – Medical/Dental 1 per 200 sq. ft. GFA No Change Several 1 per 250 sq. ft. GFA ITE – 1 per 310 GFA
A list of recommended parking reduction measures can be found in Nelson\Nygaard’s July 2022
Memorandum to the City (Revised Draft Incentives and Reductions to Parking Requirements for Bike/Shared
Mobility Accommodations). Including those additional measures would likely result in reduced single occupancy vehicle (SOV) trip demand and thus, a lower parking demand for office and some medical office
uses, especially those in mixed-use (MU) districts.
79
Nonresidential Parking Code Amendment
Planning Commission Public Hearing
April 20, 2023
Benjamin Zdeba, AICP, Principal Planner
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Timeline and Background
2Community Development Department
January 26, 2021 November 30, 2021
City Council Study Session
•Study restaurant parking
•Review commercial parking
•Explore incentives for
rideshare and bicycle
City Council Study Session
Code Amendment Initiation
•Nelson\Nygaard and staff findings
•Generally supportive
•Two-phased approach
September 7, 2022
Community Workshop
•Shared recommendations
•Discussed questions and
received feedback
October 20, 2022
Planning Commission
Study Session
•Shared recommendations
•Received feedback
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Two-Phased Approach
3Community Development Department
Table 1: Parking Code Update Work Program
Phase One
Bicycle-Based Reductions
Shared-Mobility-Based Reductions
Revised Nonresidential Parking Ratios
Administrative Parking Waiver by Director
Phase Two
In-Lieu Parking Fee Program
Curbside Management
Parking Management Districts
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Bicycle Based Reductions
4Community Development Department
•Reduce 1 space for every 3 bicycle parking
spaces above minimum requirement.
Maximum 5% reduction.
•Allow an additional 5% reduction with on-site
end-of-trip facilities like lockers and showers.
•Applicant must provide evidence to
demonstrate ridership and demand.
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Shared-Mobility Reductions
5Community Development Department
•Allow a 10% reduction in required parking with
either of the following:
1.20-feet of dedicated private curb-space (not red
curb); or
2.1 off-street parking space designated for pick-
up/drop-off (e.g., Uber, Lyft, etc.).
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Revised Restaurant Parking Ratio
6Community Development Department
Land Use Current Parking
Spaces Required
Food Service
(with/without alcohol,
with/without late hours)
1 per 30-50 sq. ft. net public area,
including outdoor dining areas
exceeding 25% of interior net public
area or 1,000 sq. ft., whichever is less
Land Use Proposed Parking
Spaces Required
Food Service
(with/without alcohol,
with/without late hours)
1 per 100 sq. ft., and 1 per 150
sq. ft. for outdoor dining areas
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Creating a “Fast-Casual” Use
7Community Development Department
Current Land Use Current Parking
Spaces Required
Take-Out Service, Limited
(Maximum 6 Seats)1 per 250 sq. ft. gross floor area
Proposed Land Use Proposed Parking
Spaces Required
Take-Out Service—Fast-Casual
(Maximum 20 Seats)
1 per 250 sq. ft. gross floor area,
including outdoor dining areas
NOTE: “Take-out Service—Fast-Casual” does not allow alcohol sales and service.
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Office Parking Ratio
8Community Development Department
•Original study:
Medical/Dental Office changed from 1 space for every
200 square feet to 1 space for every 250 square feet,
consistent with all other Office uses.
•Nelson\Nygaard and City staff analyzed
in more detail –no changes proposed.
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Administrative Parking Waiver by Director
9Community Development Department
•Allow the CDD Director to administratively waive up
to 20%of the required nonresidential parking.
Waivers above 20% will still require a CUP.
•Any waiver is subject to City Traffic Engineer review
and approval of a professionally prepared parking-
demand/ supply analysis.
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Limit on Combining Reductions and Waivers
10Community Development Department
•Up to 20% maximum reduction for any
combination of the outlined amendments.
•After 20%, Planning Commission review is
required.
0.20
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Recommendation
11Community Development Department
•May 9, 2023, City Council Public Hearing
•May 23, 2023, City Council Second Reading
•June 2023, Submit to Coastal Commission
•Summer/Fall 2023, Phase Two
•Conduct a public hearing;
•Find action exempt from CEQA; and
•Adopt Resolutions PC2023-019 and PC2023-020
Next Steps
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
Recap and Discussion
12Community Development Department
Opportunities Proposed Amendment
Bicycle-Based •1 parking space for every 3 bicycle spaces (5% max)
•Additional 5% reduction for end-of-trip facilities
Rideshare-Based •10% reduction with either of the following:
(1)At least 20-feet curb-space; or
(2)one dedicated space
Parking Ratio-Restaurant •Revise to 1 space for every 100 sq. ft., and 1 space
for every 150 sq. ft. of outdoor dining area
Parking Ratio-Fast Casual •Revise maximum seats to be up to 20
Parking Ratio-Office •No proposed changes
Administrative Waiver •Allow up to 20% waiver by CDD Director
Combining Reductions •No more than 20% with any combination
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)
13
Thank you!
Benjamin Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
Planning Commission Public Hearing
April 20, 2023
Planning Commission - April 20, 2023 Item No. 4a - Additional Materials Presented at the Meeting by Staff Nonresidential Parking Code Amendments (PA2021-104)