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CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 9, 2023
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Ordinance No. 2023-6: A Code Amendment Updating Commercial
Parking Requirements (PA2021-104)
ABSTRACT:
For the City Council's consideration are amendments to Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC) updating nonresidential parking requirements. The proposed
changes include removing "net public area" from food service parking requirements,
updating the "take-out service" definition to "fast -casual" with up to 20 seats, allowing the
Community Development Director to reduce parking requirements by up to 20% based
on a study, reducing parking requirements when bicycle parking is provided in
high -demand areas, and reducing parking requirements when a designated ride -share
space is available.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find the introduction and adoption of this ordinance is not 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;
c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-6, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
Related to Commercial Parking (PA2021-104), and pass to second reading on
May 23, 2023; and
d) Adopt Resolution No. 2023-27, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing 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).
13-1
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 2
DISCUSSION:
On January 26, 2021, the City Council conducted a study session regarding City of
Newport Beach (City) parking regulations and outdoor dining. At the conclusion, the City
Council asked staff to study potential amendments that could update the parking
regulations 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 NBMC. City staff continued to work with Nelson\Nygaard to
study and assess the City's parking requirements, including a study of how to address
the parking requirements for a "fast -casual" food service land use.
On September 7, 2022, City staff hosted a virtual community meeting to share potential
changes to the regulations 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 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.
Table 1: Parking Code Update
Phase One
Work Program
Phase Two
Revised Nonresidential Parking Ratios
In -Lieu Parking Fee Program
Administrative Parking Waiver by Director
Curbside Management
Bicycle -Based Reductions
Parking Management Districts
Shared -Mobility -Based Reductions
The proposed amendments are focused on the Phase One effort only.
13-2
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 3
Nelson\Nygaard reviewed the current eating and drinking establishment
(i.e., "restaurant") parking requirements for parity with peer cities in Orange County.
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 (i.e., "customer 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 may allow the property owner some additional economic
opportunity.
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
reference to net public area. 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 deleted and reserved for future use.
To consider how the change affects potential full -service restaurant uses, a scenario is
provided in Figure 1 below.
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
Although smaller restaurants could see an increased parking requirement, staff believes
the amendments to modify the take-out service, limited use to include "fast -casual"
discussed below will serve as a benefit for smaller restaurants when seeking to
permanently retain temporary patios or small expansions.
13-3
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 4
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 D. In general, this restaurant
type would be distinguished by a higher customer turnover than that of a sit-down,
full -service restaurant. 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
Huntington Beach
Eating and Drinking Establishments
1 per 200 sq. ft.
With 12 seats or less
Fountain Valley
No Similar Category
N/A
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
1 stall per 250 sq. ft.
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.
Laguna Niguel
Retail Food an establishment where food
5 spaces per 1,000 square
and/or beverages are offered and primarily
feet of gross floor area
intended for off -premises consumption,
including indoor/outdoor
with 10 or fewer seats, and with no alcohol
seating areas
sales. Examples include ice cream shops,
delicatessens, baked good establishments,
and other uses deemed to be similar by the
community development director.
Encinitas
No Similar Category
N/A
San Clemente
No Similar Category
N/A
Orange
Restaurant — 20 seats or fewer, or primary
5 spaces per 1,000 SF of
method is takeout.
GFA
Tustin
Restaurants, take out including
1 space for each 250 sq. ft.
delicatessens, donut shops, coffee shops,
of gross floor area
or similar establishments at which the
consumption of food and beverages occurs
primarily away from the premises.
Westminster
Take-out, restaurants and cafes, offering
1 space for every 250 sq. ft.
no seats or tables or offering 12 or fewer
of gross floor area if
seats, inclusive of all indoor and outdoor
standalone
seating.
13-4
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 5
Proposed Code Amendments:
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 6 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
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 current requirement for Offices --Corporate, General, Governmental is one 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 10 peer cities. All these cities have medical office parking
requirements that are greater than the parking requirements for other office uses. This
memorandum is included in Attachment D.
Proposed Code Amendments:
Based on the information presented in the memorandum, and in consultation with the city
traffic engineer, staff does not support making any changes to these requirements.
Although there is no recommended change, it is important to note that other amendments,
described in more detail below, include giving the Community Development Director the
authority to administratively reduce the additional spaces needed for a medical office use
when there is a documented reduced demand.
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.
13-5
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 6
Proposed Code Amendments:
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%. Much like the current
parking waiver process requiring Planning Commission consideration and approval, the
applicant would be required to submit a parking -demand analysis that would be evaluated
by the city traffic engineer for adequacy.
This amendment requires the applicant to provide a parking -demand analysis for review
by the city traffic engineer. This change is supported by staff as an economic development
tool to streamline the approval process.
Waivers exceeding 20% will still need Planning Commission approval via a conditional
use permit. Furthermore, the director can authorize shared parking for multiple uses on
the same site with different peak hours, like a church in an office complex using parking
during weekends when offices are closed.
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. 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.
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 5 percent 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.
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.
13-6
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 7
The concept of "shared mobility" encompasses ridesharing and food delivery services like
Uber, Lyft, Uber Eats, Grubhub and DoorDash. These services, which have gained
popularity since their introduction in 2009, have increased the use of transient parking
spaces while reducing demand for longer stays.
Food and meal delivery services have become prominent, particularly during the COVID-
19 pandemic. These services specialize in the quick pick-up and delivery of food and
goods from restaurants and stores, making them transient parking users with short stays
and fast turnover.
Collectively, these shared -mobility options have driven up the demand for dedicated
space in parking lots while reducing the need for longer stays. In heavily used lots, these
services can create obstructions and unnecessary congestion when they are not properly
accounted for. In response, cities are incentivizing the creation of dedicated spaces in
parking lots to accommodate these services and reduce congestion.
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
10 percent 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.
Combining several recommended reductions may lead to excessive reductions,
potentially causing unintended parking conflicts. These situations would be better
assessed through a comprehensive conditional use permit process.
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 combined with all reductions
with anything above that limit requiring a conditional use permit and review by the
Planning Commission.
13-7
Ordinance No. 2023-6: A Code Amendment Updating
Commercial Parking Requirements (PA2021-104)
May 9, 2023
Page 8
Planning Commission Recommendation
On April 20, 2023, the Planning Commission considered the proposed amendments and
adopted Resolution Nos. PC2023-019 and PC2023-020 (Attachments E and F)
recommending approval of the amendment to Title 20 and recommending the City
Council authorize submittal of the amendment to Title 21 to the California Coastal
Commission. Although it was not included in the motion, Commissioner Harris expressed
the potential need to consider a cap on the total number of parking spaces that could be
waived to limit the scale of the 20% waiver.
Coastal Commission Review
Subsequent to City Council adoption of the Title 20 amendments, staff will submit the
corresponding Title 21 amendments (Attachment B) to the California Coastal Commission
(CCC) for review and approval. The changes described in this report would not become
effective within the Coastal Zone until CCC approval is granted and the City Council
adopts an ordinance to effectuate the amendments to Title 21.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council finds the introduction and adoption of this ordinance
is not 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.
NOTICING:
Given the citywide nature of this agenda item, notice of the Amendment was published in
the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the
NBMC and State law. The agenda item also appeared on the agenda for this meeting,
which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A —
Ordinance No. 2023-6 (Title 20 Amendment)
Attachment B —
Resolution No. 2023-27 (Title 21 Amendment)
Attachment C —
Redline -Strikeout Version of Amendments
Attachment D —
Nelson\Nygaard Memos
Attachment E —
Planning Commission Resolution No. PC2023-019
Attachment F —
Planning Commission Resolution No. PC2023-020
13-8
Attachment A
Ordinance No. 2023-6 (Title 20 Amendment)
13-9
ORDINANCE NO. 2023- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
20 (PLANNING AND ZONING) OF THE NEWPORT
BEACH MUNICIPAL CODE RELATED TO COMMERCIAL
PARKING (PA2021-104)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, on January 26, 2021, the City Council conducted a study session
regarding parking regulations and outdoor dining;
WHEREAS, at the conclusion of the session, the City Council provided direction
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;
WHEREAS, the City 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;
WHEREAS, the City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 20 (Planning and Zoning) of the NBMC ("Code Amendment") and
Title 21 of the NBMC ("Local Coastal Program Amendment") related to commercial
parking;
WHEREAS, on September 7, 2022, the City hosted a virtual community meeting
to share potential changes to the regulations related to parking;
WHEREAS, 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;
13-10
Ordinance No. 2023-
Page 2 of 4
WHEREAS, a duly noticed 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;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution Nos. PC2023-019 and PC2023-020 by a unanimous vote (6 ayes —
0 nays), recommending approval of the Zoning Code Amendment and Local Coastal
Program Amendment to the City Council; and
WHEREAS, a duly noticed public hearing was held on May 9, 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
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 City Council at this public
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve the Code Amendment as set
forth in Exhibit "A," based upon the Findings in Exhibit "B," both of which are attached
hereto and incorporated herein by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
13-11
Ordinance No. 2023-
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance is not 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 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
13-12
Ordinance No. 2023-
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of May, 2023, and adopted on the 23rd day of
May, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AAR N C. HARP, CITY ATTORNEY
Attachments: Exhibit A — Zoning Code Amendment (PA2021-104)
Exhibit B — Findings in Support of Zoning Code Amendment
(PA2021-104)
13-13
Commercial Office Zoning Districts.
. Permit Requirements*
P
Permitted by Right.. ;
:.
- - TABLE 2.4 :.
Conditi_onal'Use Permit..
.ALLOWED USES AND- PERM IT. REQUIREMENTS
CUP
(Section 20.52.0201
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
Not allowed * .
Land Use :.
Specific Use .
See Part 7 of this title. for land use -definitions:.
OA
OG
OM
OR
Regulations.
See Chapter 20.12 for unlisted uses., =
Eating and Drinking Establishments
Accessory. Food Service (open -to .public)- . .
P
P .`
P
P
S.ection'20:48.090
Bars, Lounges,. and. Nightclubs
CUP.
—
—
CUP-:,
Section 20.48.090
Fast Foo.d':(no late-hours).(1.)(2).
P/MUP
PJMUP„
=
-.
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 20.48.050
Take-Out.Service=Fast-Casual (up to 20 seats)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
II. The row entitled "Take -Out Service, Limited" in Table 2-5 of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land
use definitions.
CC
CG
CM
CN
CV
CV-LV
Specific Use
Regulations
See Chapter 20.12 for unlisted
uses.
Eating and Drinking Establishments
Accessory Food Service (open to
P
P
P
P
P
P
Section 20.48.090
public)
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
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
hours) (1)(2)
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
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
(up to 20 seats) (2)
13-15
III. The row entitled "Take -Out Service, Limited" in Table 2-8 of Section 20.22.020
(Mixed -Use Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-8
CUP
Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT REQUIREMENTS
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not Allowed
Land Use
See Part 7 of this title for land use
MU-MM
MU
Specific Use
definitions.
MU-V
(6)
MU-DW
CV/15th
Regulations
St (7)
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
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
seats) (5)
13-16
IV. The row entitled Take -Out Service, Limited in Table 2-9 of Section 20.22.020
(Mixed -Use Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit
TABLE 2-9
(Section 20.52.020)
ALLOWED USES AND PERMIT REQUIREMENTS
Minor Use Permit
MUP
(Section 20.52.020)
Limited Term Permit
LTP
(Section 20.52.040)
—Not
allowed
Land Use
See Part 7 of this title for land use definitions.
MU-W1
MU W2
Specific Use
(5)(6)
Regulations
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
13-17
V. The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 3-10 (Off -Street Parking Requirements) of
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
I 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
VI. Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
deleted in its entirety and replaced with the following:
20.40.060 Reserved.
VII. Section 20.40.110 (Adjustments to Off -Street Parking Requirements) is amended to
read 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.
13-18
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:
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).
13-19
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 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;
13-20
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 —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.
13-21
EXHIBIT "B"
FINDINGS IN SUPPORT OF ZONING CODE AMENDMENT (PA2021-104)
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 Zoning 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).
13-22
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.
13-23
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.
13-24
Attachment B
Resolution No. 2023-27 (Title 21 Amendment)
13-25
RESOLUTION NO. 2023- 27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
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)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, 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;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan as amended from time to time;
WHEREAS, 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 ") of the City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -
issuing authority on January 30, 2017;
WHEREAS, on January 26, 2021, the City Council conducted a study session
regarding parking regulations and outdoor dining;
WHEREAS, at the conclusion of.the session, the City Council provided direction
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;
WHEREAS, the City 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;
13-26
Resolution No. 2023-
Page 2 of 4
WHEREAS, the City Council adopted Resolution No. 2021-121 initiating a code
amendment to Title 20 (Planning and Zoning) of the NBMC ("Code Amendment") and
Title 21 of the NBMC ("Local Coastal Program Amendment") related to commercial
parking;
WHEREAS, on September 7, 2022, the City hosted a virtual community meeting
to share potential changes to the regulations related to parking;
WHEREAS, 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;
WHEREAS, a duly noticed 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
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution Nos. PC2023-019 and PC2023-020 by a unanimous vote (6 ayes —
0 nays), recommending approval of the Zoning Code Amendment and Local Coastal
Program Amendment to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; and
WHEREAS, a duly noticed public hearing was held on May 9, 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 Ralph M. Brown
Act, Chapter 21.62 (Public Hearings) of the NBMC, and 14 CCR Section 13515.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
13-27
Resolution No. 2023-
Page 3 of 4
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Findings in Exhibit "B,"
both of which are attached hereto and incorporated by reference, to the California Coastal
Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 6: The City Council finds the introduction and adoption of this ordinance
is not 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.
13-28
Resolution No. 2023-
Page 4 of 4
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of May, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar& C. Harp
City Attorney
Attachments: Exhibit A — Local Coastal Program Amendment (PA2021-104)
Exhibit B — Findings in Support of Local Coastal Program
Amendment (PA2021-104)
13-29
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2021-104)
I. The row entitled "Take -Out Service, Limited" in Table 21.20-1 of Section 21.20.020
(Commercial Coastal Zoning Districts Land Uses) of the NBMC is amended to read
as follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
CV-
Specific
definitions.
CC
CG
(3)
CN
(3)
LV
OG
Use
(3)
Regulations
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
I A I
A I
A
I A
I A
I A
II. The row entitled "Take -Out Service, Limited" in Table 21.22-1 of Section 21.22.020
(Mixed -Use Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows..
Mixed -Use Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU -
See Part 7 of this Implementation Plan for land use
MU-V
CV/15th
Specific Use
definitions.
(6)
MM
St.
Regulations
(4)
See Chapter 21.12 for unlisted uses.
(5)(6)
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
13-30
Land Use . -
Parking Spaces Required .
:. Eating and Drinking Establishments
Accessory (open to public). :._
1 per each Iseats-or 1.per.each 75 sq: ft.
of net public area, whicheveris greater.
..Bars,. Lounges, and -Nightclubs- .. -
1:pereach 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 .
outdo.or 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:
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 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.
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.
13-32
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 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.
13-33
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;
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.
13-34
EXHIBIT "B"
FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2021-104)
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.
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.
13-35
Attachment C
Redline -Strikeout Version of Amendments
13-36
TITLE 20 (PLANNING AND ZONING) CODE AMENDMENT
The row entitled "Take -Out Service, Limited" in Table 2-4 of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-4
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—Not
allowed
Land Use
Specific Use
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Regulations
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,, Limit -ad —Fast -Casual (up to 20
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
seats) (2)
13-37
The row entitled "Take -Out Service, Limited" in Table 2-5 of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed
Land Use
See Part 7 of this title for land use
Specific Use
CC
CG
CM
CN
CV
CV-LV
definitions.
Regulations
See Chapter 20.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to
P
P
P
P
P
P
Section 20.48.090
public)
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
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
hours) (1)(2)
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,, Limit -ad —Fast-
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Casual (up to 20 seats) (2)
13-38
The row entitled "Take -Out Service, Limited" 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:
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-8
CUP
Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT REQUIREMENTS
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not Allowed *
Land Use
MU-MM
Specific Use
See Part 7 of this title for land use definitions.
MU-V
MU-DW
CV/ 5th
(6)
Regulations
See Chapter 20.12 for unlisted uses.
St. (7)
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,',' Limit-n —Fast-Casual (up to 20
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
seats) (5)
13-39
The row entitled "Take -Out Service, Limited" in Table 2-9 of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit
TABLE 2-9
(Section 20.52.020)
ALLOWED USES AND PERMIT REQUIREMENTS
MUP
Minor Use Permit (Section 20.52.020)
Limited Term Permit
LTP
(Section 20.52.040)
—
Not allowed
Land Use
See Part 7 of this title for land use definitions.
MU-W1
MU-W2
Specific Use Regulations
(5)(6)
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,, mitzd-Fast-Casual (up to 20 seats)
P/MUP
P/MUP
Section 20.48.090
(3) (4)
13-40
The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 3-10 (Off -Street Parking Requirements) of 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
I 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
30 50 sq ft of not area
per public
inrlu ding outdoor dining areas exceeding
25 of the interior not area or 1 (1(1(1
public
ft., whichever is.1ess. _See SPctfAP
q.
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—' im�tpdFast-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 deleted
in its entirety and replaced with the following:
20.40.060 Parking Requirements for Food Corvine Uses Reserved.
13-41
area;
inGluding
d. The lot
design, the use of small Gar
spaGes, tandern
and valet
parking
parking and leading
areas;
e /yailability of
deck spade for beats; and
guest
f. F=XteR
2. OperatiGRal GharaGteriGtOGG.
area devoted to lido entertainment
or dannino•
a. The arneunt of floor
b. The ac of floor
area devoted the solo of alnoholio
beverages;
arrneurnt
-to
G. The presenne of
pool tables bog snreen televisions
or other attrantions•
rt The hours of operation;
and
rate
e The evpented t,,rnoVer
3. LGGatien of the Cstahlishmept
i
d. Parking problems the area at tirnes of
1 .
peak derna
Section 20.40.110 (Adjustments to Off -Street Parking Requirements) is amended to read
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 followina conditionsas follows:
13-42
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).
.. .
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f�1:{l:Eta:�l VAMR :�:t 1:{l:GAL'�1:TSIR:F1:►:�7:ET7►}I:G'1�lR:�i�7T'f*FfJT:
■
MOLLULUZ
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
13-43
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 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,
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 followina 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
emplovees are provided on the same site thev serve. includina. but not limited to
showers and locker facilities.
13-44
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:
a. Exclusive of curb space needed for emergency access purposes (e.g., a fire
lane), the development includes at least 20 linear and contiauous 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 areater than the number of spaces reauired 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.
13-45
The definition of "Take-out service, limited" in Section 20.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended to read as follows:
8. "Take-out service, 10m+tadFast-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 inGidental seating up to cw 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.
13-46
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
The row entitled "Take -Out Service, Limited" in Table 21.20-1 of Section 21.20.020
(Commercial Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
CV
Specific Use
definitions.
CC
CG
(3)
CN
(3)
O
OG
Regulations
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 I
A I
A
I A
I A
I A
The row entitled "Take -Out Service, Limited" in Table 21.22-1 of Section 21.22.020
(Mixed -Use Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Mixed -Use
Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU -
See Part 7 of this Implementation Plan for land use
MU-V
MU_
CV/15th
Specific Use
definitions.
(6)
St.
Regulations
(4)
See Chapter 21.12 for unlisted uses.
(5)(6)
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
13-47
The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 21.40-1 (Off -Street Parking Requirements) of
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
I 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 30 50 sq ft of not area,
per public
incli diRg outdoor dining areas 25 of the
interior not ni -hlir -Aro-A or 1 000 sq ft
*s.1eSS. See SeEtlAP 21 4n.n6n
..fh'cheye.r
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—' im�tpdFast-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 deleted
in its entirety and replaced with the following:
21.40.060 Parking Requirements for Food Corvine Uses Reserved.
13-48
ft7AA
I
f. The arneunt of floor area devoted te love entertainment
er danGow,
The arneunt of floor area devoted te the sale of
alGeheliG beverage-s.,
g.
The hours of operation; and
h. Pa. ki-g problems the area at tirnes of
■UALIAMALM
peak derna
Section 21.40.110 (Adjustments to Off -Street Parking Requirements) is amended to read
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:
Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
13-49
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 Dercent of the total reauirement in compliance with the followina 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 end -of -trip facilities for
emolovees are provided on the same site thev serve. includina. but not limited to
showers and locker facilities.
4. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by uD to ten percent in compliance with the followina 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.
13-50
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 to read as follows:
8. "Take-out service, 10motadFast-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. IRGideRtal seating „p to sox soots 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
13-51
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.
13-52
Attachment D
Nelson\Nygaard Memos
13-53
IV T V H H M U
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:
706 SOUTH HILL STREET, SUITE 1200 LOS ANGELES, CA 90014 213-785-5500 FAX 503-228-2320
nelsonnygaard.com
13-54
Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
Figure 1
Current Newport Beach
Proposed
Aligns clo
Municipal Code
Land Use
Parking Spaces Required
Parking Spaces
National
peer Codes
Required
Standards
Accessory (open to
1 per each 3 seats or 1 per
public)
each 75 sq. ft of net public
area, whichever is greater
1 per 30-50 sq. ft. of net
Food Service
public area, including
with/without
outdoor dining areas
alcohol,
exceeding 25% of the
Laguna Beach
with/without late
interior net public area or
1 per 100 sq. ft. GFA,
hours
1,000 sq. ft., whichever is
including outdoor seating ITE
less. See Section
20.40.060
areas
Food Service - Fast
1 per 50 sq. ft. GFA, and 1
Encinitas
Food
per 100 sq. ft. GFA for
outdoor dining areas
1 per each 4 persons based
Wine Tasting
on allowed occupancy load
Room
or as required by
conditional use permit
1 per 250 sq. ft. GFA
Take -Out Service -
1 per 250 sq. ft. GFA
Fountain Valley
Limited
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
Nelson\Nygaard Consulting Associates 12
13-55
Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
■ 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
Requirement . or
Reference
StandardL Industry
Code
ITE
Fast Casual A fast casual restaurant is a
9.93 spaces per 1000 sq. ft.
N/A
sit-down restaurant with no wait staff or
table service
ULI
Not defined within Shared Parking 3rd
14.7 spaces per 1000 sq. ft.
N/A
Edition, but is referenced in tandem with
"Fast Food"
For example, Chipotle is referenced in
many ULI publications as Fast Casual
Encinitas
No Similar Category
N/A
Sec.
30.54.030 —
A
Fountain
No Similar Category
N/A
Sec.
Valley
21.22.040
Huntington
Eating and Drinking Establishments
1 per 200 sq. ft.
Sec. 231.04
Beach
With 12 seats or less
Laguna
Take-out
1 space per 100 sq. ft. or 1
Sec.
Beach
space per 3 seats — whichever is
25.52.012
greater
San
No Similar Category
N/A
Section
Clemente
17.64.050
Nelson\Nygaard Consulting Associates 13
13-56
Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
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Dana Point
Take-out shall mean a restaurant where
1 stall per 250 sq. ft.
Sec.
foods and/or beverages are sold directly
9.35.080
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.
Laguna
Retail Food an establishment where
5 spaces per 1,000 square feet
Sec. 9-1-65
Niguel
food and/or beverages are offered and
of gross floor area including
& 9-1-66
primarily intended for off -premises
indoor/outdoor seating areas
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.
Orange
Restaurant-20 seats or fewer, or
5 spaces per 1,000 SF of GFA.
Sec.
primary method is takeout
17.34.060
Tustin
Restaurants, take out including
1 space for each 250 sq. ft. of
Article 9, Ch.
2, Part 6 -
delicatessens, donut shops, coffee
gross floor area, plus a minimum
shops, or similar establishments at which
7-car stacking space for drive-
9263
the consumption of food and beverages
through, except no additional
occurs primarily away from the premises
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
Westminster
Take-out, restaurants and cafes, offering
Parking requirement covered
Sec.
no seats or tables or offering 12 or fewer
under the general requirements
17.320.020
seats, inclusive of all indoor and outdoor
for shopping centers or 1
seating
parking space for every 250
square feet or major fraction
thereof of gross floor area if
stand alone
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
Nelson\Nygaard Consulting Associates 14
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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 Eft, 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.
Nelson\Nygaard Consulting Associates 15
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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'
■ 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 & 31 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 & 31 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
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)
Nelson\Nygaard Consulting Associates 16
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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 & 31 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
Nelson\Nygaard Consulting Associates 17
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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.
Nelson\Nygaard Consulting Associates 18
13-61
NELSON
NYGAARD
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
706 SOUTH HILL STREET, SUITE 1200 LOS ANGELES, CA 90014 213-785-5500 FAX 503-228-2320
nelsonnygaard.com
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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
Land Use
Minimum Parking
ComparisonCity/
StandardIndustry Requirement (Citywide) General Office or Similar
Code
Standard
or Industry Standard
Officefor Medical
Similar
ITE
Medical Office
3.23 spaces per 1000 sq. Higher
N/A
ft. 2.4 per 1000 sq. ft.
ULI
Medical Office
4.6 spaces per 1000 sq.
Higher
N/A
ft.
Office <125k sq. ft.: 3.8 per 1000 sq. ft.
Office >125k sq. ft.: 2.8 per 1000 sq. ft.
Encinitas
Medical, dental and
1 space for each 200 sq.
Higher
Sec. 30.54.030 — A
veterinary
ft. of gross floor area
(1 space for each 250 sq. ft. of gross floor
offices/clinics
space)
Fountain
Clinics,
1 space for each 200 sq.
Higher
Sec. 21.22.040
Valley
medical/dental
ft. of gross floor area
(Offices, administrative, corporate: 1
offices
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.)
Nelson\Nygaard Consulting Associates 12
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
Land Use
Minimum Parking
ComparisonCity/
StandardIndustry Requirement (Citywide)
..
Standard..
.
for Medical Office or
Similar
Huntington
Offices, medical
1 per 175 sq. ft. (includes Higher
Sec. 231.04
Beach
and dental
out -patient (1 per 250 sq. ft. for less than 250,000 sq.
medical/surgery centers) ft.; 1 per 300 sq. ft. for 250,000 sq. ft. or
more)
Laguna
General office and
1 space for each 250
Same
Sec. 25.52.012
Beach
other business,
square feet of gross floor
(1 space for each 250 square feet of gross
technical, service,
area.
floor area)
administrative or
professional offices
San
Office, Medical
1 per 200 sq. ft.
Higher
Section 17.64.050
Clemente
In MU Zones within the CB Overlay: 1
per 350 sq. ft.
Elsewhere: 1 per 300 sq. ft.
Dana Point
Medical and Dental
1 stall per 150 sq. ft.
Higher
Sec. 9.35.080
Office
(1 stall/300 SF GFA)
Laguna
(1) General retail
1 space per 200 square
Higher
Sec. 9-1-65
Niguel
uses, including
feet of gross floor area
(4 spaces per 1,000 square feet for office
supermarket,
square footage which exceeds 10% of
delicatessen,
gross floor area)
bakery, ice cream
store and candy
store, (not included
are restaurants,
medical office,
general office,
financial and
cinema)
Orange
Medical Offices
5 spaces per 1,000 SF of
Higher
Sec. 17.34.060
(Includes dental
GFA.
3 spaces per 1000 SF of GFA
offices)
Tustin
Clinics,
1 space for each 250 sq.
Same
Article 9, Ch. 2, Part
medical/dental
ft. of gross floor area for
1 space for each 250 sq. ft. of gross floor
6 - 9263
offices
the first 4,000 sq. ft. of
area for the first 25,000 sq. ft. and 1 space
medical space within a
for each 300 sq. ft. thereafter; except for
building or center and 6
locations in the Combining Parking District
spaces for each 1,000
(P) where 1 space for each 300 sq. ft. of
sq. ft. of gross floor area
gross floor area shall apply
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
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Considerations for Fast Casual Restaurant Use in Newport Beach Parking Requirements
City of Newport Beach
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
Options for Consideration
Medical Office Uses
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
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.
Nelson\Nygaard Consulting Associates 14
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Recommendation Summary
Figure 3
Land Use
Current Ratio
• ...
Proposed —
Precedents
Districts
Districts
Office -
1 per 250 sq. ft. net floor area (first 50,000 sq. ft.)
1 per 300 sq. ft.
General
1 per 300 sq. ft net floor area (next 75,000 sq. ft.)
GFA (first 125,000 sq. ft) San
1 per 350 sq.
San
1 per 350 sq. ft. net floor area (above 125,001 sq. ft.)
1 per 350 sq. ft. GFA Clemente
ft. GFA
Clemente
(above 125,001 sq. ft.)
Office —
1 per 200 sq. ft. GFA
No Change Several
1 per 250 sq.
ITE —1 per
Medical/Dental
. GFA
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.
Nelson\Nygaard Consulting Associates 15
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Attachment E
Planning Commission Resolution No. PC2023-019
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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.
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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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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Planning Commission Resolution No. PC2023-020
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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:
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: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: Ellmore
BY: V_V_�
Mark Rosene, Vice Chair
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BY: �Owa' , "Sfty*tA*W
Sarah Klaustermeier, Secretary
Attachment: Exhibit A — Title 21 (Local Coastal Program Implementation Plan) Amendment
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1 *:/:111I dV_VA
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:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
Specific Use
definitions.
CC
CG
(3)
CN
(3)
LV
LV
OG
Regulations
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
I A I
A I
A
I A
I A
I 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:
Mixed -Use
Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU -
See Part 7 of this Implementation Plan for land use
MU-V
MU
CV/15th
Specific Use
definitions.
(6)
4M
St.
Regulations
See Chapter 21.12 for unlisted uses.
(5)(6)
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
I 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:
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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
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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;
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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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Attachment F
Planning Commission Resolution No. PC2023-020
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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.
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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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:
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: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: Ellmore
BY: V_V_�
Mark Rosene, Vice Chair
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BY: �Owa' , "Sfty*tA*W
Sarah Klaustermeier, Secretary
Attachment: Exhibit A — Title 21 (Local Coastal Program Implementation Plan) Amendment
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1 *:/:111I dV_VA
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:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
Specific Use
definitions.
CC
CG
(3)
CN
(3)
LV
LV
OG
Regulations
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
I A I
A I
A
I A
I A
I 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:
Mixed -Use
Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU -
See Part 7 of this Implementation Plan for land use
MU-V
MU
CV/15th
Specific Use
definitions.
(6)
4M
St.
Regulations
See Chapter 21.12 for unlisted uses.
(5)(6)
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
I 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:
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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
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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;
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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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