HomeMy WebLinkAbout4.0_Zoning Code ImplementationCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 17, 2011
Agenda Item 4
SUBJECT: Zoning Code Implementation - Discussion Items
• Review Authority for Alcohol Sales
• In- Lieu parking Fee
PLANNER: Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez(@newportbeachca.gov
SUMMARY
At the March 3, 2011, Planning Commission meeting, the Commission directed staff to
prepare an agenda item to discuss the review authority for alcohol sales and in -lieu
parking fees.
A) Review Authority for Alcohol Sales
Under the previous zoning code, all alcohol sales, were subject to Use Permit review by
the Planning Commission. The updated zoning code changed the review authority for
some alcohol sales to the Zoning Administrator through the Minor Use Permit(MUP)
process. The table below outlines the changes.
Land Use
Review Authority -
Old Code
Review Authority -
Current Code
Retail sales off sale
Planning Commission
Zoning Administrator
Restaurant — with alcohol
sales, close by 11 PM
Planning Commission
Zoning Administrator
Restaurant — with alcohol
sales, close after 11 PM
Planning Commission
Planning Commission
Bars and Nightclubs
I Planning Commission
I Planning Commission
Zoning Code Implementation
March 17, 2011
Page 2
B) In -lieu Parking Fee
The updated zoning code includes subsection 20.40.130, which reads as follows:
20.40.130 - In -lieu Parking Fee
The number of parking spaces required by Section 20.40.040 (Off - Street Parking Spaces
Required) may be reduced if the review authority authorizes the use of an in -lieu fee to be paid
by the applicant towards the development of public parking facilities. The in -lieu fee shall be
paid to the City -wide Parking Improvement Trust Fund. The amount of the fee and time of
payment shall be established by Council resolution.
The current fee is $150 dollars per year per space waived. This fee was established
many years ago and reflects a previous in -lieu parking program established by
ordinance. The current program has been held in abeyance for over 12 years, although
there are a handful of businesses and property owners who continue to pay the fee as
required by conditions of approval. This fee is clearly not sufficient to purchase land and
develop new parking lots, as the cost per space may exceed $100,000 per space based
upon the City's recent experience with the development of the expanded Balboa Village
parking lot. The City has not prepared the necessary analysis to establish a new fee.
RECOMMENDATION
Discuss and provide direction staff.
Environmental Review
This is a discussion item only and is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Public Notice
Notice of this discussion item was provided with the posting of the agenda included in
accordance with applicable law. No additional notice was provided.
Prepared by:
Gregg irez, Senior Plarfher
Submitted by:
James W. Campbell, A ting Deputy D rector