HomeMy WebLinkAbout2014-20 - Adopting Code Amendment No. CA 2014-001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014-016) (2)ORDINANCE NO. 2014 -20
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 DISTRICT 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;
WHEREAS, the proposed Parking Management 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;
Ordinance No. 2014 -20
Page 2 of 7
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 Code Amendment No. 2014 -001;
and
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:
20.28.030 D. Parking Management Overlay Districts established. The parking management
districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8
of this title.
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 and
depicted in Parking Management Overlay Map PM -1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay 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 that differ from the basic
requirements of Chapter 20.40 (Off - Street Parking).
b. Existing Parking Facilities. 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. 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.
c. 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.
d. Required Off - Street Parking
i. 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
spaces in accordance with Chapters 20.40 (Off- Street Parking) and 20.38
(Nonconforming Uses and Structures).
Ordinance No. 2014 -20
Page 3 of 7
ii. Residential uses: Residential uses shall provide parking in accordance with
Chapters 20.40 (Off- Street Parking) and 20.38 (Nonconforming Uses and
Structures).
iii. 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.
iv. 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:
(A) 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.
(B) 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.
(C)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.
(D)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:
(1) Shared parking spaces are within 1,250 feet as described in Section
20.28.030. D.5.d.1;
(2) There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
(4) 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;
(5) The Director may require the preparation and implementation of a parking
management program to address potential parking conflicts.
Ordinance No. 2014 -20
Page 4 of 7
(E) Section 20.40.100 (Off -Site Parking) and Section 20.40.110.B.2 (Joint Use of
Parking Facilities) do not apply within the Balboa Village Parking Management
Overlay District.
V. 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.
e. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management
Overlay 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 within the
Balboa Village Parking Management Overlay District participate in the in -lieu parking
permit program shall be discontinued as of the effective date of the District.
f. 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.
Section 2: 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 "A."
Section 3: Add Section 20.80.035 Parking Management Overlay District Maps to add
map "PM -1" as attached in Exhibit "B."
Section 4: The Balboa Village Parking Management District Plan is hereby approved.
Section 5: the adoption of Code Amendment No. CA2014 -001 approving the Balboa
Village Parking Management District Plan and creating the Balboa Village Parking Management
Overlay District 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 buildings. These changes would be
subject to existing zoning regulations that limit the size and use consistent with the General
Plan. These changes would be subject to existing zoning regulations that limit the size and use
consistent with the General Plan. These changes are also subject to CEQA review on a project -
by- project basis any potential indirect physical change resulting from this amendment would be
within the scope of development currently allowed, and limited, by the Zoning Code and General
Plan.
Ordinance No. 2014 -20
Page 5 of 7
Section 6: 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 7: 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 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
ituLL
EDWARD D. SELICH,
MAYOR
ATTEST:
LEILANI I. BROWN,
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
1"�
AARON C. HARP, CITY ATTORNEY
`roRr'!
Ordinance No. 2014 -20
Page 6 of 7
Exhibit "A"
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 "PM" overlay zoning district symbol
to the existing zoning district designation.
Ordinance No. 2014 -20
Page 7 of 7
Exhibit "B"
Parking Management Overlay District Map PM -1
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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 -20 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
r POIR P
c Wr
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2014 -20 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 1Ith day of MW*
+.r ry
"K�i
City Clerk V
City of Newport Beach, California
(Seal)