HomeMy WebLinkAbout1957 - The Balboa Village Parking Management Plan Overlay District RESOLUTION NO. 1957
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF
ZONING CODE AMENDMENT NO. CA2014-001 ADOPTING THE BALBOA
VILLAGE PARKING MANAGEMENT OVERLAY PLAN AND CREATING
THE BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT
(PA2014-016)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS
1. Balboa Village was once a more vibrant commercial village serving both visitors
and residents. Revitalization of the area has been a long-standing goal of the City.
In 2012, the City evaluated the area with an eye to establish policies and programs
to spur economic activity and better manage parking. The Balboa Village Master
Plan was adopted by the City Council in September 2012, on the recommendation
of the City Council ad-hoc Neighborhood Revitalization Committee and its Citizens
Advisory Panel. The Balboa Village Master Plan established a comprehensive
parking strategy to better manage existing parking resources before resorting to
the construction of new parking.
2. Transportation consultants Walker Parking Consultants (2009) and
Nelson\Nygaard Consulting Associates (2013) both found that Balboa Village has
a large supply of parking, the majority of which is located in off-street facilities
owned and managed by the City. Balboa Village's parking supply is underutilized
for all but the busiest summer weekends. Existing pricing and zoning regulations
lead to inefficient utilization of parking and creates an unnecessary regulatory
constraint to redevelopment and reinvestment.
3. Requiring each commercial property within Balboa Village to provide off-street
parking is impractical given that most of the lots are small and currently developed
without the minimum parking required by the Zoning Code. These uses are
supported by the large supply of on- and off-street parking facilities provided by the
City. Based upon the analysis provided by Walker Parking Consultants (2009) and
Nelson\Nygaard Consulting Associates (2013), the existing supply of public and
private parking is adequate to serve the needs of Balboa Village, including future
demand, with the exception of large-scale uses that would bring large numbers of
new visitors to the area.
4. The Balboa Village Advisory Committee (BVAC) held monthly public meetings
between December 2013, and January 2014, that provided a forum for public
participation where the implementation of the various parking strategies identified
by the Balboa Village Master Plan were discussed and refined.
Planning Commission Resolution No. 1957
Page 2
5. On February 11, 2014, the City Council initiated the proposed amendment
consistent with Chapter 20.66 (Amendments) of the Zoning Code.
6. On August 21, 2014, the Planning Commission held a study session for the
proposed amendment in the City Hall Council Chambers, 100 Civic Center Drive,
Newport Beach.
7. The Planning Commission held a public hearing on September 4, 2014, in the City
Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place and purpose of the aforesaid meeting was provided in
accordance with CEQA and the Newport Beach Municipal Code ("NBMC). The
hearing was continued to September 18, 2014. The staff report and draft Code
Amendment, both written and oral, were presented to and considered by the
Planning Commission at these hearings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The amendment does not directly authorize development and does not change or
modify the intensity of use of any property or the maximum allowed development of any
affected lots. Modified or new parking signs and modified meters will be the only direct
physical change to the environment. These minor structures would be exempt pursuant
to Section 15301 (Existing Facilities), Section 15302 (Replacement or Reconstruction)
and Section 15303 (New Construction or Conversion of Small Structures). An indirect
result of the amendment will be the possibility that property owners or businesses within
the affected area may choose to change uses or propose minor additions to existing
buildings. These changes would be subject to existing zoning regulations that limit the
size and use consistent with the General Plan. Therefore, any potential indirect physical
change resulting from this project would be within the scope of development currently
allowed, and limited, by the General Plan. Changes in use would be subject to CEQA
review on a project-by-project basis and may be exempt pursuant to Section 15301
(Existing Facilities), Section 15302 (Replacement or Reconstruction) and Section 15303
(New Construction or Conversion of Small Structures).
SECTION 3. FINDINGS
1. The Statement of Facts within this resolution are hereby considered true and
correct and incorporated within the findings in support of the adoption of the
proposed amendment.
2. Zoning Code Amendments are legislative acts and neither the City Municipal Code
nor State Planning Law set forth any required findings for either approval or denial
of such amendments, unless they are determined not to be required for the public
necessity and convenience and the general welfare. Approval of the proposed
amendment is in the public interest for the following reasons:
a. Balboa Village provides commercial services and recreationally opportunities to
residents and visitors. The area is served by mass transit with routine bus
Planning Commission Resolution No. 1957
Page 3
service provided along Balboa Boulevard connecting the area to other areas of
the community and County. The proposed amendment removes a regulatory
constraint inhibiting businesses and property owners from reinvesting to better
serve residents and visitors.
b. The elimination of required parking for most uses within the district will support
modest changes in use or additions to existing buildings by removing a
regulatory constraint. Potential changes in use will continue to be limited by the
allowed uses and the maximum density/intensity of the various individual
zoning districts within the Balboa Village Parking Management Overlay District;
therefore, changes in use will remain within the provisions and consistent with
the General Plan.
c. The proposed parking management overlay district plan supports shared use of
parking facilities that, when implemented, will lead to a more efficient use of
available parking.
SECTION 4. DECISION
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends City
Council approval and adoption of the following Zoning Code Amendment No. CA2012-
003 attached hereto as Exhibit "A" and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 2014.
AYES: BROWN, KOETTING, MYERS, AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: HILLGREN, KRAMER, AND LAWLER
BY:
LarryTuccer, Chairman
BY: 4
ayyer , S96retaV
Planning Commission Resolution No. 1957
Page 4
Exhibit "A"
ORDINANCE NO.2014 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING CODE AMENDMENT NO. CA 2014-
001 ADOPTING THE BALBOA VILLAGE PARKING MANAGEMENT
OVERLAY PLAN AND ESTABLISHING THE BALBOA VILLAGE
PARKING MANAGEMENT OVERLAY DISTRICT (PA2014-016)
WHEREAS, Balboa Village was once a more vibrant commercial village serving
both visitors and residents. Revitalization of the area has been a long-standing goal of
the City. In 2012, the City evaluated the area with an eye to establish policies and
programs to spur economic activity and better manage parking. The Balboa Village
Master Plan was adopted by the City Council in September 2012, on the
recommendation of the City Council ad-hoc Neighborhood Revitalization Committee
and its Citizens Advisory Panel. The Balboa Village Master Plan established a
comprehensive parking strategy to better manage existing parking resources before
resorting to the construction of new parking.
WHEREAS, transportation consultants Walker Parking Consultants (2009) and
Nelson\Nygaard Consulting Associates (2013) both found that Balboa Village has a
large supply of parking, the majority of which is located in off-street facilities owned and
managed by the City. Balboa Village's parking supply is underutilized for all but the
busiest summer weekends. Existing pricing and zoning regulations lead to inefficient
utilization of parking and creating an unnecessary regulatory constraint to
redevelopment and reinvestment.
WHEREAS, the elimination of required parking for most uses within the district will
support modest changes in use by removing a regulatory constraint. These potential
changes in use will continue to be limited by the allowed uses and the maximum
density/intensity of the various individual zoning districts within the Balboa Village Parking
Management Overlay District; therefore, changes in use will remain consistent with the
General Plan.
WHEREAS, requiring each commercial property within Balboa Village to provide
off-street parking is impractical given that most of the lots are small and currently
developed without the minimum parking required by the Zoning Code. These uses are
supported by the large supply of on- and off-street parking facilities provided by the City.
Based upon the analysis provided by Walker Parking Consultants (2009) and
Nelson\Nygaard Consulting Associates (2013), the existing supply of public and private
parking is adequate to serve the needs of Balboa Village with the exception of large-scale
uses that would bring large numbers of new visitors to the area.
Planning Commission Resolution No. 1957
Page 5
WHEREAS, the proposed parking management overlay district plan supports
shared use of parking facilities that, when implemented, will lead to a more efficient use of
parking.
WHEREAS, the Balboa Village Advisory Committee (BVAC) held monthly public
meetings between December 2013, and January 2014, that provided a forum for public
participation where the implementation of the various parking strategies identified by the
Balboa Village Master Plan were discussed and refined.
WHEREAS, on September 18, 2014, after a noticed public hearing, the Planning
Commission received public comments and on an affirmative motion (4 ayes, 0 noes, 3
absent), forwarded a recommendation to the City Council to adopt the proposed Zoning
Code Amendment; and
WHEREAS, the adoption of Code Amendment No. CA2014-001 is exempt from the
California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing
Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311
(Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment. The
amendment itself does not authorize development that would directly result in physical
change to the environment. The amendment could indirectly lead to changes in use within
existing buildings or minor additions to existing building. These changes would be subject
to existing zoning regulations that limit the size and use consistent with the General Plan.
These changes are subject to CEQA review on a project-by-project basis, and given that
the proposed amendment does not directly change or modify the intensity of use of any
property or the maximum allowed development of any affected lots, any potential indirect
physical change resulting from this project would be within the scope of development
currently allowed, and limited, by the General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 20.28.030 of the Newport Beach Municipal Code is hereby
amended to add the following subsection to read as follows:
"D. Parking Management Overlay Districts established.
1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, ,A Street, Newport Bay, and
Adams Street. The PM overlay district was established by Ordinance No. 2014-_
adopted on and the ordinance contains modified parking requirements."
Section 2: The Balboa Village Parking Management Plan attached as Exhibit "A"
is hereby approved and shall modify the parking requirements of uses within the Balboa
Village Parking Management Overlay District. All applicable requirements related to
Planning Commission Resolution No. 1957
Page 6
parking provided in the Zoning Code shall continue to apply within Balboa Village Parking
Management Overlay District except as modified by Exhibit "A."
Section 3: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district designation of all properties within Balboa Village to add the
"PM" overlay zoning district symbol as depicted in Exhibit "B."
Section 4: 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, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5: 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 in the official newspaper of the City, and it shall be effective thirty (30) 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 —day of 2014, and adopted on the
day of , 2014, by the following vote, to-wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Rush N. Hill, II
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Planning Commission Resolution No. 1957
Page 7
Exhibit "A"
Balboa Village Parking Management Overlay District Plan
Section 1 Authority
The Balboa Parking Management Overlay District Plan ("District') is established by
Ordinance No. 2014- adopted on establishing a parking
management overlay district pursuant to Section 20.28.030 of the Zoning Code.
Section 1.1 Purpose
The purpose of the District is to identify existing and planned parking facilities and
establish parking programs to adequately serve the parking needs for Balboa Village.
Additionally, the District establishes modified parking requirements for properties which
differ from the basic requirements of Chapter 20.40 (Off-Street Parking).
Section 1.2 Applicability
The District applies to all property located within Balboa Village between the Pacific
Ocean, A Street, Newport Bay, and Adams Street. The District also applies to uses
located on the Balboa Pier. The Zoning Map is amended to add the "PM" designation to
the zoning district classification of all properties within the District.
Section 2 Existing Parking Facilities
A. The City maintains six public parking lots within or near the District: 1) A Street
lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5) Balboa
Metered lot, and 6) Balboa Pier lot. In addition, the City provides and maintains a
small number of on-street parking spaces along Balboa Boulevard, Palm Street,
and Bay Avenue.
B. The City intends to maintain public parking facilities; however, should the need
arise, the City may modify, add, or remove parking spaces to ensure safe and
efficient operations and meet parking demand.
Section 2.1 Planned Parking Facilities
Due to the high cost of land acquisition and construction and the underutilization of
existing parking, additional off-street parking facilities are not necessary to meet the
demand of existing uses. Parking demand shall be monitored and evaluated by the City
to determine whether additional District parking is necessary, economical, appropriate,
and desirable. The City may acquire or lease parking facilities to make them available to
the public.
Section 3 Required Off-Street Parking
A. Non-residential uses: No off-street parking shall be required for any new non-
residential use or intensification of uses except the following uses as defined by
the Zoning Code: Assembly/Meeting Facilities, Commercial Recreation and
Entertainment, Cultural Institutions, all Marine Services Uses, Schools, and
Visitor Accommodations. Uses that require off-street parking shall provide said
Planning Commission Resolution No. 1957
Page 8
spaces in accordance with Chapters 20.40 (Off-Street Parking) and 20.38
(Nonconforming Uses and Structures).
B. Residential uses: Residential uses shall provide parking in accordance with
Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses and
Structures).
C. Existing off-street parking spaces shall be preserved unless the elimination of
spaces is authorized by the approval of a Site Development Review application
by the Zoning Administrator.
D. Shared parking for non-residential uses. Notwithstanding the Zoning Code
requirement that off-street parking be reserved for the use it serves, the shared
use of parking is allowed and encouraged. Shared parking shall be subject to the
following requirements:
1. Required off-street parking. When required, parking for non-residential uses
may be satisfied by leasing nearby parking spaces at off-site locations within
1,250 feet of the parcel it serves. Development on multiple parcels with
reciprocal access agreements is considered one site for parking purposes. If
the spaces are required or otherwise leased to other uses, the hours of
operation shall not significantly overlap. The distance between the parking
facility and the use it serves shall be measured along public walkways from
the closest portion of the parking facility to the main entrance of the use. The
leasing of off-site parking to satisfy required parking shall be maintained in
perpetuity when the use requires it and may only be discontinued if the use is
discontinued.
2. Excess parking. Parking that is not necessary to satisfy off-street parking
requirements may be leased to other uses or made available to the general
public.
3. Parking within Mixed-use Buildings. Parking for different uses within a new,
mixed-use building may be shared subject to the review and approval of a
Site Development Review application.
4. The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director when
in compliance with the following conditions:
a. Shared parking spaces are within 1,250 feet as described in Section
3.D.1 ;
b. There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking;
c. The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
Planning Commission Resolution No. 1957
Page 9
d. The property owners involved in the shared parking facilities provide a
binding agreement or other legal instrument assuring the joint use of the
parking facilities subject to the satisfaction of the Director;
e. The Director may require the preparation and implementation of a parking
management program to address potential parking conflicts.
5. Section 20.40.100 (Off-Site Parking) and Section 20.40.110.8.2 (Joint Use of
Parking Facilities) do not apply within the Balboa Village Parking
Management Overlay District.
E. Private Parking Facilities Available to the General Public. Non-residential, off-
street parking facilities are encouraged to be made available to the general
public, even if the parking facility is required for existing developments. Subject
to City Council review and approval, the City may enter into an agreement with
the property owner for the use and/or management of the parking facility.
Allowing general public access to private off-street parking facilities shall not
affect the property's conformance with its required off-street parking. The
agreement should at a minimum address hours of availability for use by the
general public, signage, maintenance, duration of agreement, and liability.
Section 4 Suspension of In-lieu Parking
Uses within the District shall not be eligible for in-lieu parking pursuant to Sections
12.44.125 and 20.40.130 of the Municipal Code. The requirement that existing uses
participate in the in-lieu parking permit program shall be discontinued as of the effective
date of the District.
Section 5 Voluntary Employee Parking
The City will develop and implement a voluntary Balboa Village Employee Permit
Program that will include reduced fees and designated parking locations for employee
parking during specified hours.
Planning Commission Resolution No. 1957
Page 10
Exhibit "B"
Section 20.14.010 (Zoning Map Adopted by Reference) amended to change the zoning
district designation of all properties within Balboa Village to add the TM" overlay zoning
district symbol to the existing zoning district designation.
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