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HomeMy WebLinkAbout2014-22 - Amending Section 12.44.040 of the Newport Beach Municipal Code Pertaining to On-Street Parking Meter Fees in Balboa Village (PA2014-016)ORDINANCE NO. 2014 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ON- STREET PARKING METER FEES IN BALBOA VILLAGE (PA2014 -016) WHEREAS, California Vehicle Code Section 22508 authorizes the City of Newport Beach ( "City ") to establish parking meter fees by ordinance. WHEREAS, the City's parking meter fees are established in Newport Beach Municipal Code Section 12.44.040; WHEREAS, the revenue generated from the parking meter fees funds a number of important items within the City, including but not limited to, traffic control, parking management, installation and maintenance of parking meters, recreational activities, beautification projects, and related improvements; WHEREAS, it has been a long- standing goal of the City to revitalize Balboa Village and to expand its vibrant commercial village serving both visitors and residents; WHEREAS, in 2012, the City evaluated the area to establish policies and programs to spur economic activity and manage existing parking, which resulted in the adoption of the Balboa Village Master Plan; WHEREAS, the Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources and proposed the modification of both on- street and off - street parking rates to influence parking behavior to promote more efficient use of existing parking facilities and provide incentives for longer -term parking to occur in off- street lots; WHEREAS, studies prepared by Nelson /Nygaard, a transportation consultant, showed that the existing one -hour parking limits were insufficient for many trips to area businesses and that the current parking meter fees were not providing sufficient incentive to promote increased turnover of vehicles; 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 implementation of the Balboa Village Master Plan and the recommendations of Nelson /Nygaard, including changes to parking meter fee, were discussed; WHEREAS, on January 8, 2014, the BVAC voted to recommend City Council adopt the parking rate structure contained in this ordinance; Ordinance No. 2014 -22 Page 2 of 4 WHEREAS, the City Council finds that on- street parking meter fees in Balboa Village should be modified to promote more efficient use of the parking spaces by establishing a rate for the first two (2) hours and increasing the rate for every hour thereafter for both the peak summer season and the non -peak season; and WHEREAS, the City Council additionally finds the increase in parking meter fees for on- street spaces along with a decrease in parking meter fees for off - street parking lots will provide an incentive for longer -term parking to occur in off - street lots. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 12.44.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.040 Parking Meter Fees Fees for parking meters in zones established by Section 12.44.020 when the parking meters are in operation are hereby established as follows: A. For the purposes of this section, the non -peak season is defined as period between October 1st and April 30th of each year and the peak season is defined as the period between May 1 st and September 30th of each year. B. One dollar and fifty cents ($1.50) per hour at all meters in Zones 1 and 9. C. One dollar and fifty cents ($1.50) per hour at all meters in Zone 2, except seventy -five cents ($0.75) per hour for Coast Highway, Tustin Avenue and Avon Street, one dollar ($1.00) per hour along northbound Newport Boulevard between 26th and 30th Streets, and one dollar ($1.00) per hour for the first two hours and one dollar and fifty cents ($1.50) per hour for each additional hour during the non - peak season and two dollars ($2.00) per hour for the first two hours and two dollars and fifty cents ($2.50) per hour for each additional hour during the peak season on Balboa Boulevard between "A" Street and Adams Street and Bay Avenue between Main Street and Palm Street. D. One dollar ($1.00) per hour at all meters in Zones 3 and 7. Ordinance No. 2014 -22 Page 3 of 4 E. One dollar and fifty cents ($1.50) per hour at all meters in Zone 4, except one dollar ($1.00) per hour on Lido Park Drive and 28th Street, and one dollar ($1.00) per hour for the first two hours and one dollar and fifty cents ($1.50) per hour for each additional hour during the non -peak season and two dollars ($2.00) per hour for the first two hours and two dollars and fifty cents ($2.50) per hour for each additional hour during the peak season on Bay Avenue between Adams Street and Palm Street and Palm Street between Bay Avenue and Ocean Front. F. One dollar ($1.00) per hour at all meters in Zone 5 except one dollar and fifty cents ($1.50) per hour on 32nd Street between Balboa Boulevard and Newport Boulevard. G. One dollar and fifty cents ($1.50) per hour at all meters in Zone 6, except one dollar ($1.00) per hour on 28th Street between Newport Boulevard and Villa Way. H. Seventy -five cents ($0.75) per hour at all meters in Zone 8. Section 2: 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 and /or phrases be declared unconstitutional. Section 3: The City Council finds the introduction and adoption of this ordinance 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. The ordinance does not authorize development and it only modifies parking rates at meters within the public right -of -way in Balboa Village. Section 4: 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. Ordinance No. 2014 -22 Page 4 of 4 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of November, 2014, and adopted on the 13th day of January, 2015, by the following vote, to -wit: Peotter, Petros, Curry, Duffield, Muldoon AYES, COUNCILMEMBERS Dixon, Mayor selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ATTEST: LEILANI I. BROWN, CITY CLERK EDWARD D. SEL CH, MAYOR APPROVED AS TO FORM: L"f0RMXP CITY A Y'S OFFICE AARON C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2014 -22 was duly and regularly introduced on the 25th day of November, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of January 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January, 2015. r City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -22 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: 2015. Introduced Ordinance: December 3, 2014 Adopted Ordinance: January 17, 2015 In witness whereof, I have hereunto subscribed my name this ! `A day of /v �0 jFORr'. am� , �� City Clerk City of Newport Beach, California (Seal)