HomeMy WebLinkAboutPC2023-019 - RECOMMENDING CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO COMMERCIAL PARKING (PA2021-104)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: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None ABSENT: Ellmore
BY: ____________________________ Mark Rosene, Vice 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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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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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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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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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.
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