HomeMy WebLinkAbout3.0_BALBOA VILLAGE PARKING MANAGEMENT_PA2014-016 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 18, 2014
Agenda Item No. 3
SUBJECT: Balboa Village Parking Management (PA2014-016)
Parking Management Overlay District
• Code Amendment No. CA2014-001
LOCATION: All properties located within Balboa Village bounded by Adams Street,
the Pacific Ocean, A Street, and Newport Bay
APPLICANT: City of Newport Beach
PLANNER: James Campbell, Principal Planner
949-644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY
Code Amendment for the approval of a Parking Management Overlay District and
Parking Management Overlay District Plan for Balboa Village that would; 1) eliminate
required, off-street parking spaces for most commercial uses, 2) maintain existing off-
street parking facilities, 3) promote the shared use of parking facilities, 4) suspend
existing and future in-lieu parking fees, and 5) establish a voluntary employee parking
program.
RECOMMENDATION
1) Conduct a public hearing;
2) Adopt the Resolution recommending City Council adoption of Code Amendment
No. CA2014-001 creating the Balboa Village Parking Management Overlay District
and Parking Management Overlay District Plan (Attachment No. PC1).
BACKGROUND
The City Council adopted Balboa Village Master Plan affirms the community's goal to
enact policies to revitalize Balboa Village. The Master Plan includes several innovative
parking management strategies including the elimination of off-street parking
requirements for most uses and the allowance of shared parking. Studies prepared by
Walker Parking Consultants and Nelson/Nygaard show that the 1,100 parking spaces in
the Village are adequate to meet demand an average of about 14 days out of the year.
Of course, parking demand always exceeds supply during a few summer weekends, but
it would be impractical to create the parking to meet these peak periods. Requiring each
property to provide off-street parking spaces on-site is inefficient, costly and often
1
V�
QP
�P
Balboa Village Parking Management Overlay District
Planning Commission, September 18, 2014
Page 2
infeasible due to small lot size. The area offers a historical urban environment with lots
primarily built to property lines. Requiring parking on a lot-by-lot basis or creating large
parking structures may disrupt the character of the area.
The Balboa Village Parking Management Plan includes other strategies such as
modified parking meter rates and a residential permit parking program. The Planning
Commission is only requested to provide a recommendation regarding the Parking
Overlay District. The Planning Commission's recommendation and the other parking
strategies will be considered by the City Council at a later date.
DISCUSSION
A parking management overlay district pursuant to Section 20.28.030 is proposed to
establish the boundaries where the parking strategies listed below would be
implemented.
"20.28.030 Parking Management (PM) Overlay District.
A. Parking Management District Plan Required. Before approving an amendment
reclassifying land to a PM Overlay District, the Commission and Council shall
approve a parking management district plan.
B. Establishment of Parking Management Program(s). The parking management
district plan shall identify existing and planned parking facilities and establish parking
management programs necessary to adequately serve the parking needs of the
area.
C. Exemptions. The parking management district plan shall also include a formula
or procedure establishing the extent to which properties shall be exempted from the
requirements of Chapter 20.40 (Off-Street Parking)."
The Parking Management Overlay District Plan is attached as Exhibit A to the draft
ordinance attached to this report (Attachment PC 1) and it includes:
1. Eliminate Required, Off-street Parking for Most Commercial Uses. The
proposed overlay would eliminate required, off-street parking spaces except for
Assembly/Meeting Facilities, Commercial Recreation and Entertainment, Cultural
Institutions, Marine Services Uses, Residential Uses, Schools, and Visitor
Accommodations. These uses would be required to provide off-street parking
consistent with the Zoning Ordinance or they could seek relief through a Conditional
Use Permit for a parking waiver or an off-site parking agreement. These uses were
specifically excluded as they generate more parking demand than typical non-
residential uses.
Elimination of the parking requirement will allow minor changes in use or small
additions to buildings within existing use and floor area limitations of Zoning Code.
3
Balboa Village Parking Management Overlay District
Planning Commission, September 18, 2014
Page 3
The removal of this regulatory constraint (parking) will not directly lead to
intensification of uses as other market forces will play a more direct role in decisions
to change use, expand and invest. The hope is with the removal of the parking
requirement, reinvestment will follow that will help revitalize the area to better serve
residents and visitors.
2. Maintain Existing Off-Street Parking Facilities. The plan will require the retention
of existing parking spaces, unless approved with a discretionary permit. The review
process would evaluate whether the subject parking represents a significant
reduction in the overall parking supply of the District.
3. Shared Use of Parking Facilities. There are close to 120 off-street spaces that are
specifically dedicated to tenant or customer parking within the proposed the
proposed district. Making these spaces more available for general public use will
facilitate more efficient utilization of these existing parking resources. The proposal
would encourage the City to acquire or lease these private parking spaces from
willing owners to address issues of liability and maintenance.
The Zoning Code does not allow shared parking although off-site parking is allowed
and is subject to a Conditional Use Permit. The proposal would allow shared use of
non-residential parking or the leasing of off-site parking subject to the approval of the
Community Development Director provided the hours of operation of the various
uses do not significantly overlap. The proposal would also allow parking to be
shared among different uses within a single new, mixed-use building, by right.
4. Suspend Existing and Future In-Lieu Parking Fees. Currently, nine businesses in
the Balboa Village participate in the City's in-lieu fee program that charges $150 per
space per year. In 1989, the City Council suspended new in-lieu permits. The
revenue from existing permits (approximately $13,000 per year) is nominal. The
proposed overlay would suspend the program and discontinue fee collection which
is appropriate given the recommendation to eliminate required parking for most
commercial uses. The true cost of creating a parking space is far higher and if the
fee was adjusted to reflect the true cost of parking, it would be a considerable
financial burden for a business.
5. Voluntary employee parking program. The employee parking program will offer
employees a reduced parking rate provided the employees park in designated areas
in an effort to reduce parking in residential areas. The cost of the permit may need to
be subsidized to further incentivize businesses to participate and encourage their
employees to park where it may be less convenient rather than parking on
residential streets.
4
Balboa Village Parking Management Overlay District
Planning Commission, September 18, 2014
Page 4
Staff has received several comments suggesting that the City should simply build
additional parking lots and/or parking structures. Although it is a potentially attractive
solution, the overall Master Plan strategy is to manage existing parking resources more
efficiently as it is a more cost effective strategy especially since many of the new spaces
would not be used except during the busiest summer weekends or holidays.
ENVIRONMENTAL REVIEW
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 would be would be exempt pursuant to Section
15301 (Existing Facilities), Section 15302 (Replacement or Reconstruction) and Section
15303 (New Construction or Conversion of Small Structures).
ALTERNATIVES
The Commission has the option to recommend changes to the proposed ordinance to
address areas of concern or the Commission can continue the item to a future date.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the proposed district and posted in the
area at least 10 days prior to the September 4, 2014, Planning Commission meeting
consistent with the Municipal Code. This application was continued from the September
4, 2014, Planning Commission meeting. Additionally, the item appeared on the agenda
for this meeting, which was posted at City Hall and on the City website.
Balboa Village Parking Management Overlay District
Planning Commission, September 18, 2014
Page 5
Prepared by: Submitted by:
I—vi c, KA&C r"'. -
Jaaes Campbell, Principal Pla ner r n la wisnesP i,rlCP, Deputy Director
ATTACHMENTS
PC 1 Resolution recommending adoption of Code Amendment No. CA2014-001 (draft
ordinance included)
PC 2 Planning Commission study session report dated August 21, 2014, for the
Balboa Village Parking Management initiative
PC 3 Memorandum dated August 5, 2013, regarding parking benefit districts and
shared parking
PC 4 Memorandum dated December 4, 2013, regarding parking requirements
Attachment PC 1
Resolution recommending adoption of
Code Amendment No. CA2014-001
(draft ordinance included)
7
V�
QP
�P
g
RESOLUTION NO.
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.
9
Planning Commission Resolution No.
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. 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 would be would 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
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.
10
Planning Commission Resolution No.
Page 3
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:
NOES:
ABSTAIN:
ABSENT#v
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
11
Planning Commission Resolution No.
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.
12
Planning Commission Resolution No.
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 (# ayes, # noes, #
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 finally, no
changes in use or intensity of use are authorized by the proposed amendment. 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, and 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.
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
1S
Planning Commission Resolution No.
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
-4
Planning Commission Resolution No.
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 land 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).
15
Planning Commission Resolution No.
Page 8
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. Notwithstanding Section 20.40.100 (Off-Site Parking), shared parking shall be
subject to the review and approval of the Director.
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.
10
Planning Commission Resolution No.
Page 9
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 voluntaryBalboa Vi lage Employee Permit
Program that will include reduced fees and designated parki cations for employee
parking during specified hours.
1�
Planning Commission Resolution No.
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 "PM" overlay zoning
district symbol to the existing zoning district designation.
RM 49 DU
Op
\ yy 9Rp�N e .Ci FQ'
i � OP ti 4y9 J
w c
q
? •h� QP R
L
h
,QLD 6y�e04e4�E
R J'
ec ry 9
\ Ry ` ro
�/f cpgN
FRpNTF Q:
FIiOs �. ANT
AF qR NR ry 4<�FrF
I�
P.ni U1.
2 pF
OP
0
OP
PR
LL
a
Zg
Attachment PC 2
Planning Commission study session report
dated August 21, 2014, for
Balboa Village Parking Management
19
V�
QP
�P
�o
�EwroR
4 T CITY OF NEWPORT BEACH
�y COMMUNITY DEVELOPMENT DEPARTMENT
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
ceL�Foa��P
(949) 644- 3200
Memorandum
To: Planning Commission
From: James Campbell, Principal Planner
Date: August 21, 2014
Re: Agenda Item No. 5 - Balboa Village Parking Management (PA2014-016)
PROJECT SUMMARY
Creation of a Parking Management District for Balboa Village and the establishment of
an overnight Resident Preferential Parking Program (RP3) for the area west of Balboa
Village between 7th Street and Adams Street.
RECOMMENDATION
1 . Review the proposed materials and provide feedback to staff.
2. Direct staff to schedule a public hearing for September 4, 2014.
DISCUSSION
The revitalization of Balboa Village has been a City priority for quite some time under
Council Member Henn's guidance. In 2011, City Council created the Neighborhood
Revitalization Committee that appointed a Citizens Advisory Panel, which provided
numerous opportunities for public participation leading to the creation of the Balboa
Village Master Plan ("Master Plan"). The Master Plan includes a variety of goals and
strategies, one of which is enhanced parking management. The Council adopted the
Master Plan in September 2012, and it can be accessed at the following webpage:
htti)://www.newr)ortbeachca.aov/Modules/ShowDocu ment.asl)x?documentid=14799
Implementation of the Master Plan included the creation of the Balboa Village Advisory
Committee (BVAC). The BVAC has provided valuable input and a forum for public
participation. On January 8, 2014, the BVAC reviewed and approved the Parking
Implementation Plan (Attachment No. PC 1) after numerous monthly meetings where
21
each strategy was reviewed and opportunities were provided for public input and
discussion. The BVAC continues to work on the implementation of other components of
the Master Plan. The Parking Implementation Plan has six strategies listed below and
they are described in more detail in Attachment No. PC 1.
Strategy 1: Establish Parking Benefit & Shared Parking District
Strategy 2: Establish Employee Parking Permit Program
Strategy 3: Suspend In-Lieu Parking Fees
Strategy 4: Eliminate Parking Requirements
Strategy 5: Amend Parking Meter Rates
Strategy 6: Establish Residential Permit Parking Program (RP3)
The strategies are designed to work comprehensively and necessitate several Municipal
Code amendments to Title 12 (Vehicles and Traffic) and Title 20 (Planning and Zoning).
Specifically, Strategy 1 (shared sparking) and Strategies 2-4 will be incorporated within
a Parking Management Overlay District by amending the Zoning Code and Zoning Map.
Strategy 1 (parking benefit district) is an amendment to Title 12. Chapter 12.44
establishes Neighborhood Enhancement Reserve Areas where parking revenues by
area are allocated and their use is regulated. Strategy 5 requires an amendment to Title
12 to change on-street parking rates and changes to off-street parking rates require the
adoption of a Council Resolution pursuant to Section 12.44.030. Lastly, Strategy 6 for
the proposed RP3 necessitates an amendment to Title 12.
Normally, the Planning Commission is not involved with the administration of on-street
parking spaces, requests for preferential resident parking, parking rates, or the use of
parking revenues. However, the management of public parking is an integral component
to the parking management strategy that includes proposed changes to off-street
parking requirements potentially affecting parking resources, public access, and use of
property, which are traditional areas within the jurisdiction of the Planning Commission.
For this reason, staff wanted to provide a comprehensive presentation to put the
proposed zoning changes within the broader parking management initiative.
In the development of the Parking Implementation Plan, several technical studies and
memoranda assisted the BVAC and staff in formulating each program component.
These documents can be found by following these links:
1 . Nelson Nygaard Parking Data Spring 2013
http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=17387
2. Nelson Nygaard Parking Data Summer 2013
http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=17386
3. Employee Parking Permit Program memorandum
http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=17389
4. Residential Parking Permit memorandum
http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=17385
22
5. Parking Benefit and Shared Parking District
http://www.newf)ortbeachca.aov/Modules/ShowDocu ment.asr)x?documentid=17388
6. Parking Standards and Requirements memorandum
http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=17393
Parking Management Overlay District
A parking management overlay district is proposed for properties within Balboa Village
between Adams Street and A Street in order to implement several of the parking
strategies. It would be created through an amendment to the Zoning Code text and the
Zoning Map. The parking management plan includes:
1. Allowance for shared use of required
parking.
2. Voluntary employee parking programp5'�
3. Suspension of existing and future in- ~ /,4
lieu parking fees. a ��
4. Elimination of required, off-streetq
parking spaces for commercial uses
except for marinas, excursion k,
services, and large scale projects
such as ExplorOcean.
5. Retention of existing off-street parking aF i y
spaces. AR `
PF Pennaula t� 4
Shared parking will facilitate more W P>k a
efficient utilization of existing parking
resources when uses do not generate a
parking demand. The employee parking
program will offer employees a reduced parking rate provided they park in designated
areas in an effort to reduce parking in residential areas. Currently, nine businesses in
the Balboa Village area participate in the in-lieu program and pursuant to a 1989 action
of the City Council; no additional in-lieu parking permits are permitted. Given the
moratorium on new permits, and the limited revenue generated (approximately $13,000
per year), suspension of the collection of fees is warranted.
Elimination of off-street parking requirements may seem counterintuitive, but the area
has more than 1,100 parking spaces and the parking studies show that parking is
available with the exception of approximately 14 days during the summer. Elimination of
the parking requirement will allow changes in use or additions to buildings within
existing use and floor area limits. The removal of this regulatory constraint will not
directly lead to rapid intensification of uses as other market forces will play a more direct
role in decisions to expand and invest. The plan will require the retention of existing
parking spaces and discretionary review of the removal of existing spaces as a
23
significant reduction of parking would not support the effect use and access within the
area. Staff has received several comments suggesting that the City should simply build
additional parking lots and/or parking structures. Although that would seem to be an
attractive solution to parking issues, the more efficient management of existing parking
spaces is a more cost effective strategy especially since many of the new spaces would
not be used except during the busiest summer weekends or holidays.
Parking Benefit District
A parking benefit district is a geographic area within which parking meter revenues are
collected and then reinvested back in the area for parking-related projects, improved
access, management, beautification, or other projects authorized by ordinance. The City
presently has a Citywide Off-Street Parking Facilities Fund and a Neighborhood
Enhancement Reserve applicable only to Balboa Peninsula that are authorized by the
City Charter and established by Chapter 12.44 of the Municipal Code. BVAC
recommends that the funds be used for a commercial fagade improvement program,
streetscape improvements, extraordinary maintenance of public improvements,
improved wayfinding and other signage, improved pedestrian and bicycle access,
special event planning, a potential shuttle system, and if determined necessary,
additional parking.
Pursuant to Section 12.44.027, the Neighborhood Enhancement Reserve "shall be used
for purposes of enhancing and supplementing services to the neighborhood in the
general vicinity of the parking meters contributing to the fund and not supplanting
existing services. Enhancements may be in the form of capital improvements, special
services or extraordinary maintenance and shall include all expenditures necessary or
convenient to accomplish such purposes." The reserve is split into two geographic
areas or zones. Neighborhood Enhancement Zone "A" covers West Newport generally
west of Newport Boulevard and 38th Street. Neighborhood Enhancement Zone "B"
covers the rest of the Balboa Peninsula from Lido Village and 38th Street to the harbor
entrance.
Rather than creating a new zone subject to the use provision highlighted in the
preceding paragraph, staff proposes the elimination of the two current zones and
replacing them with a new Neighborhood Enhancement Zone (NEZ) applicable only to
Balboa Village allowing use of revenues for the following (proposed) expanded and
clarified list of activities:
Such reserve shall be used for the purpose of enhancing or supplementing services to
the neighborhood enhancement area(s) or its general vicinity provided there is a
demonstrated benefit to the area. Enhancements or supplemental services may be in
the form streetscape improvements on public or private property; other beautification
projects including commercial fagade improvements; transit, pedestrian, and bicycle
infrastructure or wayfinding signage; the acquisition, leasing or construction of additional
parking; extraordinary maintenance programs for public areas; creation or
24
implementation of transportation mobility or parking management strategies including
shared parking. Expenditures from the reserve may include all expenditures necessary
or convenient to accomplish the purposes for which the funds are to be used.
Staff proposes this approach for several reasons. First, it eases finance administration
and parking revenues that would no longer be subject to NEZ would be deposited into
the Citywide Off-Street Parking Facilities Fund. Second, the expanded use statement
for the reserve provides clarification consistent with identified parking management
strategies and revitalization goals.
Parking Rates
On-street parking rates in Balboa Village are established by Section 12.44.020. The
current rate is $1.50 per hour and the meters operate between 8:00 a.m. and 6:00 p.m.,
daily. The proposed change would establish the following rates and no change is
proposed to meter hours:
Non-Peak Season $1.00 per hour for the first two hours
$1.50 per hour for each additional hour
Peak Season $2.00 per hour for the first two hours
$2.50 per hour for each additional hour
The reduced rate for the first two hours will promote turnover near commercial
businesses and the reduced rate during the non-peak season will promote increased
usage. The proposed increased rate during the peak summer season is proposed to
deter longer-term parking and incentivize use of the off-street public parking spaces.
Off-street public parking is provided in six metered lots (A Street, B Street, Washington
Street, Palm Street, Balboa metered lot, and the large Balboa Pier Lot). Currently, all of
the lots with the exception of the Balboa Pier Lot charge $1.00 per hour between 8:00
a.m. and 6:00 p.m., daily. The proposed rates are as follows and no change to the
meter hours is proposed:
Lot Current Proposed Non-Peak Proposed Peak
Rate Season Hourly Rate Season Hourly Rate
A Street $1.00 $0.50 $1.50
B Street $1.00 $0.50 $1.50
Washington Street $1.00 $1.00 $1.00
Palm Street $1.00 $1.00 $1.00
Balboa metered $1.00 $1.00 $1.00
The lowered rates will promote parking lot usage and the modest increase in rates
during the peak season is not expected to deter usage given the complete on- and off-
street rate structure proposed.
The peak season will be defined as Memorial Day through Labor Day.
25
The Balboa Pier lot has a more complex rate schedule and operates 24 hours per day,
365 days per year.
Current Rate Schedule Non-Holiday Summer Federal
Balboa Pier Lot Holidays
Hourly Daily Max Hourly Daily Max
Automobiles $1.50 $15.00 $2.00 $20.00
Motorcycles $0.75 $12.50 $1.25 $12.50
Recreational Vehicles (per space occupied) $1.50 $15.00 $2.00 $20.00
Bus 10-24 passengers N/A $25.00 N/A $50.00
Bus -50+ passengers N/A $50.00 N/A $100.00
Off-Peak Peak Season Summer Federal
Proposed Rate Schedule Season Holida s
Balboa Pier Lot Hourly Daily Hourly Daily Hourly Daily Max
Max Max
Automobiles $0.50 $15.00 $1.50 $15.00 $2.00 $20.00
Motorcycles $0.25 $12.50 $0.75 $12.50 $1.25 $12.50
Recreational Vehicles $0.50 $15.00 $1.50 $15.00 $2.00 $20.00
(per space occupied)
Bus 10-24 passengers N/A $25.00 N/A $25.00 N/A $50.00
Bus-50+ passengers N/A $50.00 1 N/A $50.00 N/A $100.00
The change simply lowers the off-peak season rates to promote parking lot usage when
parking is available.
Two additional changes are proposed. First, a two-hour commercial validation program
is proposed to support increased patronage of area businesses. Second, City residents
could purchase a parking pass for $20 per year that would allow free parking for up to
two hours during the off-season to provide an incentive for residents to patronize the
Balboa Village when parking is available. These two items promote access to the area
and should help achieve revitalization goals by making Balboa Village more competitive
with nearby shopping centers that offer free parking and making short trips more
convenient for local residents.
People have the desire to locate and park at the lowest cost and distance to their
destination is clearly a factor. In summary, rates are reduced during the off-peak season
to promote their usage when parking is routinely available. The current rates can
discourage use of the lots leading visitors to park in adjacent residential streets. Rates
in the off-street lots are lower than the on-street meters to promote the use of the off-
street lots for longer-term parking and to promote parking turnover in proximity to
businesses; a goal expressed by the Balboa Village Merchant Association. The
increase peak summer season rates are modest and establish higher rates in proximity
to the businesses to promote turnover and lower rates for longer-term beach parking.
The only change proposed to the rate structure of the Balboa Pier lot is a reduction
20
during the off-peak season to reduce the disincentive the current fee structure may
generate.
Residential Permit Parking Program (RP3)
The residential neighborhood west of Balboa Village experiences parking spillover from
commercial uses in Balboa Village. It is fairly common for employees and patrons of
excursion services and other businesses to park in the neighborhood as the spaces are
free and for some is more convenient where parking in Balboa Village, including parking
in the public lots, is not. The genesis of this program was area residents. Residents
examined parking patterns and conducted their own surveys that support the
establishment of a resident preferential parking program to address parking spillover
effects.
L E ISLAND The proposed program is described as
an "overnight" program that would
require permits to park on the street
between 4:00 p.m. and 9:00 a.m.
Residents, including residents of Bay
q x Island and holders of mooring permits,
could purchase up to four permits and
obtain guest passes. Enforcement would
be conducted by license plate
recognition technology. It is important to
note that permits would not guarantee
the availability of a street parking space,
but would be necessary to park on the
streets during the restricted hours. The proposed pricing structure is provided in
Attachment No. PC 1 and is intended to cover administrative and enforcement costs.
The proposed hours were identified to facilitate resident needs and the effect on public
access was debated.
The City conducted its own survey in late 2012, where approximately 1100 surveys
were delivered to property owners and tenants. There was a 35.8 percent response rate
and over 68 percent of respondents expressed support for the program.
Implementation of the RP3 requires an amendment to Chapter 12.68 establishing the
location and limits of the program. Chapter 12.68 provides the following findings to be
met related to establish a resident preferential parking zone:
A. The parking in the area by nonresidents does substantially and regularly
interfere with the use of the majority of the available public street or alley
parking spaces by adjacent residents;
B. That the interference by the nonresidents parking referred to in subsection (A)
of this section, occurs at regular and significant daily or weekly intervals;
27
C. That nonresidents parking is a source of unreasonable noise, traffic hazards,
environmental pollution or devaluation of real property in the area of the
proposed zone;
D. That the majority of the residents adjacent to the proposed zone desire, agree
to or request preferential parking privileges;
E. That no unreasonable displacement of nonresident vehicles will occur in
surrounding residential areas,-
F.
reas,F. That a shortage of reasonably available and convenient residentially related
parking spaces exists in the area of the proposed zone; and
G. That no alternative solution is feasible or practical.
Resident parking is routinely impacted by non-residents based upon resident
statements and the Nelson Nygaard field studies. Again, based upon resident input,
non-resident parking generates traffic and parking conflicts and noise, which is a
significant nuisance. Again, based upon resident feedback and verified by the City's
survey, a majority of owners and residents desire program establishment.
Anticipated displacement of non-resident vehicles is expected to affect Balboa Village
where parking is readily available and reduced pricing in the public parking lots will
increase the incentive to park in the commercial village. The displacement of a
significant number of non-resident vehicles to Balboa Island or areas to the west of the
proposed preferential parking zone is not anticipated. These areas are less convenient
and parking is generally more readily available west of the proposed preferential parking
zone by comparison to areas within the zone.
Based upon resident input and the Nelson\Nygaard field studies, parking shortages do
exist in the area. Alternative solutions to increase parking supplies are costly. Property
acquisition and construction costs coupled with limited practical revenue means that
public parking is not economically viable without significant subsidy. Furthermore, many
residences are nonconforming as to off-street parking due to the age of construction
and it is not practical to require redevelopment consistent with current parking standards
in advance of an owners desire to do so. In conclusion, for these reasons, the BVAC
and staff believe that each of the findings can be made.
During the BVAC evaluation of the program, public comments generally fell into two
areas. First, the area covered may be too large, and second, residents should not have
to pay a fee to park on a public street. In response, BVAC recommends establishment
of the program for the entire area, but holding off enforcement on streets west of Island
Avenue. Enforcement west of Island Avenue would occur after monitoring initial
program implementation in the area between Island Avenue and Adams Street. Staff's
perspective on charging fees for permits differs in that staff views it as the necessary
cost to exclude non-permit holders from parking in the area during the restricted hours
thus making more spaces available to residents and their visitors.
22
OUTREACH
As stated above, development of the Master Plan and Parking Implementation Plan
occurred over a several month process with oversight from local citizen groups (Balboa
Village CAP and BVAC) and the Master Plan was ultimately approved by the City
Council. Each meeting included opportunities for public comment and the public was
engaged through various survey efforts. In addition, public meetings were held with the
Balboa Village Merchants Association and a separate public meeting was held focused
in residents.
ENVIRONMENTAL REVIEW
Staff believes this action 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 does not authorize
development that would result in physical change to the environment, directly or
indirectly. The creation of parking programs and the modification of parking restrictions,
parking rates, and how parking revenue is managed and used will not result in a direct
physical change to the existing built environment. The project will affect the behavior
motorists and the location of where they park but will not lead to physical changes to the
environment. Existing parking resources will be used more efficiently over time and may
avoid or postpone the need to construct additional parking lots or parking structures.
To the extent that a physical change to the environment could indirectly result due to a
change in required parking rates, staff believes this project is within the scope of the
previously certified Environmental Impact Report prepared for the 2006 General Plan
Update (SCH No. 2006011119). The project does not directly change or modify the
intensity of use of any property or the maximum allowed development of any affected
lots, and 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.
NEXT STEPS
Schedule a public hearing for September 4, 2014, to consider ordinances and a
recommendation to the City Council.
ATTACHMENTS
PC-1 Balboa Village Parking Implementation Plan, January 2014
PC-2 Comment Letters
29
V�
QP
�P
30
Attachment PC 1
Balboa Village Parking Implementation Plan
January 2014
32
V�
QP
�P
BALBOA VILLAGE PARKING IMPLEMENTATION PLAN
OVERARCHING CONCEPT
The overarching concept of managing parking in Balboa Village is to create a "park-once" environment
which, in turn,will make parking more convenient and provide greater flexibility for meeting future
parking demands. The parking management strategies are intended to work together as a cohesive
package to ensure their highest effectiveness. The strategies have been tailored to Balboa Village based
on extensive outreach, field research and guidance from the Balboa Village Advisory Committee (BVAC).
REVIEW PROCESS
To date,the parking strategies have been accepted at the conceptual level with the Newport Beach City
Council's approved the Balboa Village Master Plan in September 2012. Since then,the strategies have
been further developed by the Balboa Village Advisory Committee with the intent that they would be
forwarded to the City Council for final approval and implementation. The following lists the steps and
schedule for gaining final approval and ultimate implementation.
1. Public Outreach—Feb/March 2014
a. Merchants Association
b. Property Owners
c. Residents
2. CEQA Review—Feb/March 2014
3. Public Hearings—Planning Commission April 2014; City Council May 2014
4. Coastal Commission -Potential to incorporate into proposed Local Coastal Program, rather than
submittal of a Coastal Development Permit.
STRATEGIES
Extensive analysis and background information has been developed for each
strategy. The following is intended to provide a summary for purposes of final Figure i
Parking District Boundary
review and approval. The links to the strategy memos and meeting minutes are
O(I-54se1 GerYlnq br
provided for each strategy for additional information.
Strategy 1: Establish Parking Benefit&Shared Parking District ' fi
download the memo detailing the concept at:
http://newportbeochca.aov/Mod ules/ShowDocument.aspx?documentid=17388)
1. Program Guidelines
a. Boundary—All commercial streets and public parking lots within ,
the Village (see Figure 1) �
b. Use of Parking Revenue (approx. $150,000 annually)
I. Fagade Improvement Program
ii. Streetscape improvements (including signage, ped/bike
access)
r_
iii. Special events
33
iv. Shuttle System
v. Reserve funding for parking in future
c. Shared Parking
d. Governance Structure
i. City to manage funds with input from merchants, property owners and
residents.
ii. Monitoring/Evaluation at appropriate times to be conducted by experts, vetted
by the community and reviewed by Council.
2. Committee Comments
a. Maintain parking revenue within District
b. Revenue should not be used toward standard "maintenance"
c. BVAC Approved the concept on August 14, 2013. The meeting minutes can be accessed
here: http://www.newportbeachco.gov//Pln/BVAC Agendas/08-14-201312013-08-
14 BVAC Minutes Approved.pdf
3. Implementing Documents
a. Amendment to Municipal Code
Strategy 2: Employee Parking Permit Program (download the memo detailing the program at:
http://newportbeachca.gov/index.aspx?page=2197)
1. Program Guidelines:
a. Boundary
i. Peak - Median on Balboa Blvd., Medina Way to 8`h Street-4 blocks; 104 spaces
ii. Off-Peak (Labor to Memorial Day) - Balboa Pier Lot
b. Enforcement through License Plate Recognition
c. Employers register on behalf of employees with license plate information. Simple
process needed
d. Outreach needed to share goals of the project and gain support from employers and
employees
e. Pricing$50 annual permit; $25 seasonal (4 months)
f. Hours of Operation—not valid between 3am and Sam to discourage overnight parking
g. Monitor permit issues and utilization rates of employees through LPR data
2. Committee Comments/Action:
a. Confirm#of Employees: peak and off-peak season
b. Confirm availability of median—Survey results during off peak indicated less than 75%
occupancy with the exception of Medina and Island Ave on Saturday afternoon.
c. Employer Feedback
d. No tiered costs
e. Conflict with Tuesday street sweeping(8:30am to 12:30am) during off peak.
f. May 8, 2013—Approved in concept with amendments(the link to the meeting minutes
maybe accessed at: http://www.newportbeachca.gov//PIn/BVAC Agendas/05-08-
2013/2013-05-08 BVAC Minutes Approved.pdfl
3. Implementing Documents
3.4
a. Permit mechanism-coordinate with finance and parking consultant
Strategy 3: Suspend In-Lieu Parking Fees
1. Program Guidelines
a. Nine locations in Balboa Village participate in the existing in-lieu fee program which
generates$13,950 annually for the area.
b. These locations would be freed of this obligation.
2. Committee Comments
a. Agreed with the elimination of program.
3. Implementing Documents
a. Amend Ordinance repealing in-lieu parking program.
Strategy 4: Eliminate Parking Requirements(the memo addressing this concept can be accessed at:
http://www.newportbeachco.gov/Mod ules/ShowDocument.asox?documentid=17393)
1. Program Guidelines
a. Require no additional parking for new development or intensification of uses on the
landside. No change to requirements for waterside uses.
b. Discretionary process would evaluate potential loss of private parking spaces.
2. Committee Comments
a. Need to revise Design Guidelines
b. Reassess Program within 5 years of implementation. Document land use changes and
present information to decision-makers.
c. Concerned potential loss of private parking spaces. There are 285 private spaces, 180
are within Newport Landing.
d. December 11, 2013- BVAC approved in concept (see draft minutes)
3. Implementing Documents
a. Zoning Code Amendment: CECtA review, PC/CC Hearings, Coastal Commission
b. Potential to incorporate into proposed Local Coastal Program, rather than CDP.
Strategy 5: Parking Meter Rates
1. Program Guidelines
a. Demand Based Pricing-variable pricing to account for seasonal fluctuations, higher
rates at meters to increase turn over at desired spaces
b. Use of Smart Meters for all curb spaces
c. Hours& Rates
On-street
Peak period (Summer)
-8AM-6 PM, 7days
-$2.00 per hour(0-2 hours)
-$2.50 per hour(2+hours)
Off-peak period (non-Summer)
-8AM-6PM, 7days
S5
-$1.00 per hour(0-2 hours)
-$1.50 per hour(2+hours)
Off-street(A, B and Pier Lot)
Peak period (Summer)
-$1.50 per hour(Maintain Maximum Rate)
Off-peak period (non-Summer)
-$.50 per hour(Maintain Maximum Rate)
d. Monitor and Adjust as needed. Allow for staff adjustments up or down $0.25 per hour
up to 4x per year,with upper limit of$3.00 per hour.
e. Commercial validation up to 2 hours in pier lot year round.
f. Newport Beach residents free parking during off-season -$20/year.Two hour max.
2. Committee Comments
a. Need validation and reduced rates for residents
3. Implementing Documents
a. Amend Municipal Code
Strategy 6: Residential Permit Parking Program (download the memo detailing the report here:
http://newportbeachca.aov/Modules/ShowDocument.aspx?documentid=17385)
1. Program Guidelines
a. Permit required to park on residential streets between 7th Street and Adams Street.
i. Two phase implementation. Phase One- Island to 7th Street. Evaluate annually
to determine potential to expand.
b. Hours of Operation: 4pm to 9am, 7 days a week, excluding holidays.
c. All residents within the boundaries, Bay Island and mooring owners are eligible.
d. Maximum of 4 permits per household. $20/permit for three year period.
e. With use of license plate recognition (LPR)the issuance of a physical permit would not
be required. "Permit" issuance may be entirely on-line.
f. Vacation rentals may acquire guest passes. "Hangtags"will be easier to manage,
however,will also more expensive to enforce.
g. One guest permit (hangtag) per household per calendar
year at no cost. Option to acquire one-day hangtags, or Figure 2Residential Permit Parking
another permit mechanism, for special occasions. Program Boundary
Identify maximum number of temporary permits per
household per year. Temporary guest permit
$1/hangtag.
2. Committee Comments
a. Cost of guests passes should be no higher than cost
to administer. C:
b. Identify maximum number of guest permits on
holidays.
3. Implementing Documents
a. Amend Municipal Code
so
Attachment PC 2
Comment Letters
S
V�
QP
�P
3g
From: sopas6@earthlink.net
Sent: Friday, July 18, 2014 11:56 AM
To: Henn, Michael
Cc: Campbell, James
Subject: Balboa Village Advisory Committee Meeting, July 14th
Dear Mr Henn,
We were not able to attend the Balboa Village Advisory Committee meeting last Monday evening, July 14th, but had attended the
Balboa Village meeting last September in the Pavilion with regard to improvement in the Balboa Village, as presented by a
consulting firm that had been independently hired.
We were very impressed with the meeting last September and support the recommendations of that group of incredibly talented
and visionary individuals, which included making some streets in the Village pedestrian only to create an invitational and community
environment, with outdoor seating at cafes, increased foot traffic, and community gathering space. Alternative modes of
transportation were recommended and supported, such as increased and improved bike, trolley, shuttle, and water taxi access.
We do not support a parking structure of any kind. We have read that at the meeting this past Monday night, the group of some
30 residents seemed to support a parking garage. That is in direct opposition to the views of ourselves and other neighbors we
have talked with on the peninsula point. A parking garage placed in the heart of the village will serve as an eyesore, creating, in
addition to the large ocean front parking area adjacent to the pier, not a Balboa Village, but a Balboa Car Village. We are all
aware of our fragile environment and the stewardship involved to keep the beautiful landscape and resources protected. That
means addressing the negative impact of traffic. We support the plan that was recommended last September for alternatives to
access and parking. We do not see an issue with any fees that might be levied on residents to pay for such amenities as permit
parking. Such a program would be a generous offer from the city to the residents who would like to partake and a fee would be
necessary to offset the City's expenses in implementing the program.
We are wholeheartedly in support of the City Council's effort to revitalize Balboa Village and the recommendations from the
independent advisory firm that presented its findings to residents last September at the Balboa Pavilion. You have the opportunity
to make the Balboa area a unique and forwarding thinking destination on our beautiful coastline, where bikes and pedestrians are
favored and serviced over automobiles.
I have lived on the Balboa Peninsula since 1967, when my family bought a home on East Ocean Front, across from the Fire
Station and Library, which is still a family home. My husband and I bought our first home on Miramar in 1993, just after our fourth
child was born, and have since purchased two more homes, one on Balboa Boulevard and another on East Ocean Front. I worked
the box office at the Lido Theater the summers of my Junior and Senior year in high school and am anxious to see its renovation.
We have seen many changes throughout the years down here, many not good. Newport Beach has the opportunity to keep this
an area where families return year after year and visitors enjoy the unspoiled beauty and amenities that have been preserved
through visionary actions. We believe you should look past the grumblings of a few to make way for the praise and enjoyment
shared with the greater community locally and their generations to come, via the proposed plan from last summer.
Thank you for your time and consideration.
Sincerely,
Betsy and Andy Ackerman
2016 East Ocean Front
Newport Beach, CA 92661
39
V�
QP
�P
�o
From: Marianne Zippi [inbalboabay@aim.com]
Sent: Monday, July 14, 2014 7:16 PM
To: Campbell, James
Cc: 'Marianne Zippi'
Subject: Meeting 7/14/14
Dear Jim,
Here is the letter I wrote to the coastal commission in March 2013. As you see, the survey was flawed.
Marianne Zippi
March 22, 2013
Mr. and Mrs. Wayne Zippi
420 E. Bay Avenue
Newport Beach, CA. 92661
Ms. Sherilyn Sarb, Deputy Director
California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802-4416
Dear Ms. Sarb,
The City of Newport Beach has put together a program to charge some of its residents to park in front of their homes.
They have stated in city council meetings that the affected residents are in favor of these parking permits. However we
think that suggesting residents have approved a parking permit program based on a half page survey residents only had
two weeks to respond to is inconclusive if not deceptive.
We hope you will consider the following before allowing a ruling on this issue.
ONE The city claims the reason for beginning the program is to help out residents with non-residents who take up
parking places. However, according to the Management Plan the city has the potential to make over a quarter of a
million dollars on this program yearly. A major motive is clearly revenue. City officials just completed a new city
hall that went about $60,000,000 over budget.
TWO We currently do not pay to park in front of our home. To my knowledge no resident in Newport does. This
parking permit program will force us to pay a fee—we call it a tax—of up to $200 a year to pay for what we now get
for free.
THREE The entire peninsula is impacted by non residents taking up parking spaces. Yet only our seven block area on
the peninsula must pay these new feetaxes. Why aren't the rest of the Peninsula, Balboa Island, Lido and Corona Del
Mar being forced into this program? We already pay high taxes to live here yet most other neighborhoods in NB do
not have the additional expenses that we do. Those of us who live in this district are already dealing with the costs
associated with thousands of visitors descending on our neighborhood most of the year. We do not need the City to
charge us $200 for parking rights that the rest of the city has for free. Rather than taxes applied fairly, that is taxing
authority abuse.
FOUR According to the Management Plan Report, the permit does not guarantee you a place to park. So, you might
be paying for something you now get for free that you won't be able to use. The city could easily miscalculate the
number of permits available.
41
Zippi, Page two
FIVE There is no restriction on HOW OFTEN or HOW MUCH these parking taxes will be raised. In fact, according
to the Final Report of the Balboa Village Parking Management Plan, the fee taxes mentioned in the survey are only
initial estimates and the City may wish to price permits to cover the FULL COSTS of program administration.
Administration requires administrators and thus more salaries. There are no limits placed on the growth of this
government entity. Councilman Henn has even stated that the parking should be priced for what it is -- premium
parking.( In a recent Citizens Advisory Panel Meeting 12/20/11.)
SIX It's hard enough to plan family gatherings and juggle parking when you live in an area that attracts so many
visitors. But to complicate that situation for residents by not allowing parking on the streets after 4:OOpm in the
evening without a permit discriminates not only against residents, but also their families and friends and other visitors
who, rather than fight the parking situation, may be forced to stay home.
SEVEN The city's survey results show only the yes and no votes. It does not even acknowledge the third option
offered residents which was a parking permit proposal with changes. And, only 10% of resident owners responded to
the survey. 90% of respondents were renters or absentee owners.
EIGHT Most important, NONE OF THIS INFORMATION WAS PRESENTED IN THE SURVEY. If it had been, it
most certainly would have changed the results or increased the participation.
In conclusion, we are a residential area, not a commercial area used to generate tax revenue...especially unequally.
According to Page 14 of the city's work program the Coastal Commission's approval depends on clearly defining and
proving there is a problem to begin with. We do not have a parking problem. The city has a parking problem which
could easily be remedied by building a parking structure in the village on land the city already owns. I believe this is
a disguised attempt to increase revenues to the city.
We would appreciate your comments on this proposal which the city says you will receive some time this fall. Also,
please add us to email information on meetings where this proposal will be discussed.
Thank you very much,
Marianne and Wayne Zippi
42
From: mathtrainorCabgmail.com [mailto:mathtrainor(a amail.com] On Behalf Of S Trainor
Sent: Friday, July 18, 2014 10:25 AM
To: Burns, Marlene; Campagnolo, Daniel; Garciamay, Ruby; golson(dnewportbeachca.00v; Yamada, Susan
Cc: Selich, Edward; ieffcbrnybiia.com
Subject: Balboa Village Parking Plan and Balboa Island
Dear Planning Commission members:
I just read about the recent meeting about Balboa Village parking plans. I am a resident of Balboa Island and live
close to the ferry. I fear that the impact on Balboa Island of expanded commercial and retail activities and new
parking plans in the Village may not have been adequately considered and very much needs to be.
• Balboa Island with the ferry is a common route for visitors going to and from the peninsula.
• Many gps systems route visitors over the island (few are set to avoid ferry rides) thus resulting in more people
using Balboa Island as a thoroughfare. Many visitors are unaware of the peninsula route.
• The cost to park on Balboa Island is free. Even with a roundtrip walk-on fare of$2 per adult, it is usually much
cheaper to park on the Island and walk to the peninsula. To drive from the island using the ferry roundtrip plus
paying for parking on the peninsula exacerbates the price discrepancy.
• Parking, particularly on weekends, on the Island near the ferry is often taken by those going to peninsula for day
or evening activities and not available for residents and guests nor for visitors to Balboa Island.
• Balboa Island also has a large number of people who park on the Island to go to Catalina for one or more days
(evidenced by people wheeling suitcases at 8am in the mornings).
• If free parking in residential areas near Village is limited by regulations, then it is highly likely there will be a
significant increase in people using free parking on Balboa Island.
I strongly encourage the Planning Commission to consider how to limit the impact on Balboa Island of new plans for
the peninsula. It may be necessary to implement residential parking permits on the Island, at least for the several
streets that are within a several block walk of the ferry.
Thank you for consideration of my concerns.
Shelly Trainor
202 Pearl Ave
-4.3
V�
QP
�P
Attachment PC 3
Memorandum dated August 5, 2013
regarding parking benefit districts and shared parking
45
V�
QP
�P
MEMORANDUM
To: Brenda Wisneski
From: Nelson\Nygoard Project Team
Date: August 5, 2013
Subject: DRAFT Parking Benefit District & Shared Parking Implementation
INTRODUCTION
The 2012 Balboa Village Parking Master Plan(BVPMP)proposed a coordinated set of
recommendations designed to improve parking within Balboa Village.Among the innovative
parking management strategies identified in the BVPMP was the creation of a Balboa Village
Parking Benefit District(PBD)to manage parking in Balboa Village.The purpose of this
memorandum is to establish the goals,rules,regulations,and operating structure for a
commercial PBD in Balboa Village. In addition,this memorandum outlines policies related to
shared parking,which will be a crucial component of implementing a successful PBD.
Parking Benefit District Overview
PBDs are defined geographic areas,typically in downtowns or along commercial corridors,in
which any revenue generated from on-street and off-street parking facilities within the district is
reinvested back into local neighborhood improvements. PBDs manage and coordinate parking
programs and policies so that parking is,above all,convenient and easy for motorists.
PBDs typically employ a number of parking management techniques,including shared parking,
demand-based pricing,and the removal of time limits. Experience has shown that in order to
secure community and business support for these strategies,the most important component is
revenue reinvestment.If parking revenues"disappear"into the General Fund,where they may
appear to produce no direct benefit for the area where they are collected,there may be little
support for new parking fees or demand-based pricing. However,when area merchants and
property owners can clearly see that parking revenue is spent for the benefit of their district and
on projects that they have chosen,they are more willing to support and take an active interest in
parking pricing.Although motorists often prefer not to pay for parking or to pay less for parking,
a PBD can create a new local constituency for proactive parking management.
Potential PBD expenditures can include a wide variety of transportation related expenditures
designed to not only improve parking management,but also improve overall mobility,
accessibility,and quality of life within the district.
47
Shared Parking Overview
The conventional development pattern in U.S.cities over the past half century has been to require
on-site parking for each individual building or land use.As a result,visitors will often drive
between different uses—for example,from a restaurant to a movie theatre,or between different
shops—even if they are within short walking distance.A shared parking district,or"park once"
district uses a common pool of parking facilities to allow visitors to park a single time and then
walk easily between different destinations.
Districts with shared parking manage parking spaces as if they are available for public use,rather
than reserved for the tenants and visitors associated with a particular property. Shared parking
policies do not treat the parking supply as discrete units specific to particular businesses or uses,
but rather emphasize the efficient use of the parking supply by including as many spaces as
possible in a common pool of shared,publicly available spaces.
Pooling parking resources increases the efficiency of the existing supply in two ways.Because
many different land uses(a bank and a bar or restaurant,for example)have different periods of
peak parking demand,they can easily share a common parking facility,thereby limiting the need
to provide additional parking. Shared parking also greatly increases the effective supply through
internal capture(i.e.trips that are entirely"captured"within larger,mixed-use developments and
can be made on foot).By eliminating the need to"re-park",cities can enable people to walk
between local destinations.As a result,the number of required spaces,vehicle trips,congestion,
and vehicle trips are all reduced.Finally,shared parking promotes pedestrian activity and
commercial vitality.
OVERVIEW OF BEST PRACTICES
A number of cities in California have implemented successful PBDs including Pasadena,Redwood
City,and Ventura.Included below is a brief summary of these best practices.Through effective
parking management within their respective PBDs—including shared parking agreements and
demand-based pricing—these cities have translated parking revenues into tangible benefits in the
districts where the revenue is collected.
Old Pasadena, CA
In the early 19gos,the City's efforts to revive Old Pasadena were being hindered by a lack of
convenient and available parking spots for customers.At that time,Old Pasadena had no parking
meters,and proposals to install them were opposed by local merchants,who feared charges would
further drive customers away.In 1993,the Old Pasadena Parking Meter Zone was created and
meters were installed.Borrowing against future meter revenues,the City was able to fund
substantial streetscape,maintenance,beautification,safety projects,as well as new parking
supply.
With meter revenues,the City's new garages have been wrapped in ground floor retail and
restaurants,in order to minimize their impact on the pedestrian environment.In addition,
parking meter revenue from the downtown area has funded the beautification of many downtown
alleys.These are often used for loading in the early morning and provide space for outdoor cafes
during the day.The alleys also provide pedestrian access and light wells for many garages.In
sum,these investments helped to reverse the decline in the district,and an increase in sales tax
revenue has created a cycle of reinvestment and additional development making Old Pasadena a
42
popular destination.Today,the district is managed by the Old Pasadena Management District
(OPMD),a non-profit management entity.The OPMD is managed by professional staff,but led by
a variety of stakeholders including merchants,tenants,property owners,residents,and City staff.
Figure 1 Old Pasadena Public Parking Facilities
�. Marriott ParkBWalk Structure x We Parke
Lest ry tr f b:,Jalet r r - =11 Community M
4 O, Center
Pss v,, 171 North Raymond Avenue.
tP " (626)577-8963
4b Spaces Available. 147.
�9e Hours of Operation:2417/365.
Rates. First 90 minutes FREE,$2 thereafter,$6 daily Maple st
maximum. Nightly 10:ODpm to 5.00am,$5 flat rate.
Directions Search nearby Save to map more
e:g
® W Walnut St Fr,Duma n
o E Walnut St z E Walnut S
o�0 P�hw m The West
V Courtyard Los rs Pasade:
,o
Angeles Pasadena/ b.. Pasadena ♦ All Sa
ovm Mammal Park
E neC Pasadena Memorial Park Chum
First Ev An
1 remev, d:
W Holly z E Holly St 2 "Wage t Hony w
z 4 d 10 z
n mm a
o W UniOt�at s IW Union St O1 �' E Union St E Union St I'
s
D Christiansen Alley
< x
8
W col 11 o Blvd W 3 E CLOYO d Blvd T ColPaseo
o orado
to S f P�v : 1'1 Megan g11eY i
w MamnAlley
4 _
y o
0 `m E Green St E Green St
EP
< yr California Pacific
m W De on St y v Annual Con( 'A'
ick N m '� Sheraton
'ch 1 17 A a o
Is Pasadena ~
F -J
D ut y D
Lon n < < D 1s Cat
y Valley St N
W0 0 Pesad[
Cordova St
Central Park 11 rn
D
Source.http://mw.oldpasadena.org/map.asp
�9
Figure 2 Old Pasadena Meters (left)and Revitalized Alleyway(right)
4.
y /
60
I -
Source:Flickr users Cheryl&Rich(left)and IlbemanPH(right)
Redwood City, CA
Redwood City uses a variety of tools to
comprehensively manage parking.The City "'b°••�„
has used performance-based pricing toa� s pa
rr� o
manage on-street demand and maintain a °m
parking availability.To implement the
program,it created an ordinance that grants �.."
its parking management director authority
to adjust meter rates based on documented The removal of time limits and demand-based pricing within
utilization patterns and an explicit the downtown PBD improved parking availability,satisfying
availability target of 15%.The City carefully businesses and their customers.Source:ci.redwood-
monitors supply and occupancy trends to city.ca us
adjust meter prices and to identify when and where new parking should be built.As a result of the
program,parking occupancy along the City's most oversubscribed street has fallen to 82%,
congestion has decreased,sales of monthly permits for off-street lots increased 50%,and parking
stays have averaged 72 minutes.I In Redwood City,effective parking pricing made time limits
unnecessary and businesses and their customers happy. Since district inception,parking revenue
collected within the district has been used to build a 600-space underground public parking
garage and finance other district improvements that benefit the blocks where the money was
collected.
Dan Zack,City of Redwood City
50
Figure 3 Parking in Downtown Redwood City
11M,A 1WaAk1WA
�ETEq�NS
E, i1 • •
Nearlyowd'rpa(er are ra:labl,l,a,In anEountle the)ownbwn
In4laNesp -sl are r,arklaq
♦� pgaN
*X
MI
LEGEND
t
JAR he
eq
e
FirldlSirDurrFREar
r
- - ,. bOtlQip`G
1
Downtown Ventura, CA
In response to significant development in Downtown Ventura and subsequent pressure on
parking spaces,the City established a downtown parking benefit district in 2009 to make on-
street parking more convenient for customers,improve utilization of off-street lots, and reduce
traffic congestion.?All off-street parking is free,and 318"high-demand"on-street parking spaces
are metered with the goal of maintaining 15%available parking at any one time.
Within the PBD,all on-site parking can be shared between land uses with different periods of
peak parking demand,by ordinance. Shared parking is allowed to satisfy loo%of the minimum
parking requirement for each land use,providing a degree of flexibility in code-mandated
minimum parking requirements.While shared parking within the PBD was formally approved in
2009,a subsequent lack of development has lead to the slow adoption of shared parking
downtown. M2013,the first shared parking agreement was formalized.The new office leases 52
spaces in an existing off-street parking structure for$71/month for parking between the hours of
8 AM and 5 PM. For exclusive reserved spaces,the cost to lease parking is $142/month.
Revenues from this program help fund PBD expenditures.
In its first year of operation,the PBD generated$530,000 from monthly structured parking
permits and 318 on-street metered spaces.Program revenue has been used to provide free
s City of Ventura Traffic&Transportation http://www.cityofventura.nel/parking
51
outdoor wireless internet service within the Downtown PBD.Visitors can access the wireless
internet for a total of one hour at a time.Parking meter revenue has also been used to fund
streetscape,landscaping,and lighting improvements in Downtown Ventura and a full-time police
officer dedicated to Downtown.
Figure 4 Downtown Ventura
I.
Source,Flickr user Ken Lund
BALBOA VILLAGE PARKING BENEFIT DISTRICT
Goals
As Balboa Village and surrounding communities continue to grow and evolve,the Village's
parking needs will also change.As discussed above,parking benefit districts and shared parking
programs offer the flexibility to quickly respond to these changes.To maximize the benefits of
PBDs and shared parking,address current parking challenges,and allow the City to be nimble in
their response to future parking challenges,the following goals are proposed to guide
implementation:
• The parking supply should be a public resource that is convenient and easily accessible
for all user groups
• The Balboa Village parking supply(public and private) should be managed as part of an
integrated,district-wide system
• Parking facilities should be managed with a focus on making the most efficient use of all
public and private parking facilities before increasing supply
• Parking regulations should not prevent visitors and residents from coming to (or staying
in)Balboa Village
• Demand-based pricing should be utilized as a tool to manage parking supply and demand
• Any potential parking revenue should fund transportation programs that maintain
adequate parking supply and enhance mobility in Balboa Village
• The City and PBD should be proactive in community engagement to ensure that local
businesses,residents,and visitors understand any new parking policies and programs
and how those policies will improve parking in Balboa Village
The following sections establish the rules and regulations associated with establishing a PBD and
shared parking program to meet these goals.
Implementation
District Initiation
Under California state law3,parking meter zones and parking meter rates can only be
established by ordinance. In an ordinance to create a parking zone or PBD,a city need only
specify the following:
• District boundaries
• Parking rates within the district
• How the funds will be used
Some cities,such as San Diego,have established ordinances that require a set percentage of
revenues(45%in San Diego's case)to be returned to the zone. Others,like Redwood City and
Pasadena,return all net revenue,excluding City administration and enforcement costs.
Recommendations on allowable program expenditures and parking rates can be found in
subsequent sections.Sample PBD Ordinances can be found in Appendix A.
Proposed District Boundary
All commercial streets with meters and public parking lots from Adams Street to A Street would
comprise the PBD.Shared parking policies and demand-based pricing would also be pursued
within these bounds.
a California Vehicle Code Section 22508
53
Figure 5 Balboa Village PBD Boundary
On-Street Parking
Off-Street Parking Lot
Study Area Boundary
iii +
f/
Q
B
\� H
M L '�)) � K
H J,6 6
I
H
F
B E
A C
fjdl ..
P' 0
o w
rrei
Base GISS .i SLAG,ESRI
Proposed Organizational Structure
The body overseeing shared parking provisions and the parking benefit district can take several
forms.With the disestablishment of the Balboa Village Business Improvement District(BID)in
May 2013,it is recommended that the City manage the allocation of PBD funds with input from
Balboa Village merchants,tenants,residents,and property owners. City staff would also be
responsible for managing the Balboa Village parking program,monitoring parking occupancy,
and implementing parking meter and pricing structures to facilitate demand-based pricing within
the PBD.
It is recommended that the following powers and duties be established as part of the PBD:
• Establish criteria by which to select projects and programs
• Define a list of eligible projects and programs
• Allocate funds to selected projects and programs,to be approved by City Council
• Pursue shared parking agreements with private parking operators
54
• Establish well-defined procedures for soliciting and incorporating community input
• On-going evaluation,management,and reporting of PBD policies and expenditures
To initiate these powers and duties,at a minimum the following should be described:
• The purpose,powers,and duties of those overseeing the PBD,as discussed above
• City membership structure and input process from stakeholders,as discussed above
• Voting or other rules necessary to determine the expenditure of PBD funds
• Meeting and minutes(For example,meetings with be held monthly or as needed.Meeting
minutes shall be drafted by the Secretary and made publicly available.)
Program Expenditures
In accordance with the ordinance operationalizing the PBD,the City is charged with adopting a
defined list of allowable projects and programs to be funded by PBD revenues and crafting a
decision making process for the PBD's expenditures of funds.In general, revenue from the
District should be invested in:
• A full spectrum of transportation mobility strategies for Balboa Village employees,
visitors, and residents,including transit,carpool,vanpool,bicycle and pedestrian projects
and programs
• Streetscape improvements and other beautification projects
Specifically, District revenue could be used for any of the following,as established in a PBD
ordinance:
• Purchase and installation costs of meters(e.g.,through revenue bonds or a"build-
operate-transfer"financing agreement with a vendor)and ongoing operational costs
• Shuttle to remote park-and-ride facilities during peak periods
• Valet parking services during peak periods
• Leasing of private spaces
• Construction of additional parking,if deemed to be necessary
• "Mobility Ambassadors"to provide assistance to visitors as well as additional security
• Landscaping and streetscape greening
• Multimodal wayfinding signage
• Street cleaning and maintenance
• Transit,pedestrian,and bicycle infrastructure and amenities
• Additional parking enforcement
• Marketing and promotion of PBD and local businesses
• Management activities
• Additional police or security services
• Transportation&parking planning
Specific projects can be gathered from existing planning documents and public outreach. In
addition,the District could issue a call for projects to business owners and residents to identify
potential priority projects.
Expenditure Criteria
The City should develop evaluation criteria to prioritize specific Balboa Village improvement
projects.These criteria should be closely linked to the Balboa Village PBD goals articulated above
to help ensure that funded projects align with community priorities.Potential project evaluation
metrics could include:
• Visitor/business/resident convenience and easy access to destination in Balboa Village
• Parking availability: Maintain target parking availability,especially near local businesses
• Efficient parking utilization:Achieve target on-and off-street parking utilization before
building additional parking
• Street operations: Promote multimodal circulation and access to Balboa Village
• Pedestrian connectivity: Ensure safe,secure, comfortable pedestrian facilities to and
within Balboa Village
• Bike connectivity:Ensure comfortable,direct paths of travel for cyclists
• Aesthetics and design quality: Ensure that projects contribute to the overall aesthetic
environment in Balboa Village
• Customer friendliness: Maximize convenience for visitors,employees,and residents
• Preservation of coastal access; ensure access to coastal resources
• Level of community/district support
The City should measure potential projects using an evaluation framework and prioritize and
execute the highest scoring projects to the extent that PBD funds can support.
Program Revenues
City of Newport Beach staff should be responsible for implementing parking meters and pricing
structures that facilitate demand-based pricing and ensuring proper oversight of program
revenues generated within the Balboa Village PBD.
It should be noted that currently close to 90%of the$1.5 million of parking revenue generated in
Balboa Village is currently allocated to the City s Tidelands Fund.The Tidelands Fund is used to
finance a variety of projects to improve access and operations of the City's marine resources.The
remaining lo%($192,000 in FY 2010-11)is shared between the private parking operator and the
City's General Fund.In Balboa Village,General Fund revenue was used to purchase the land for
the public lot at East Balboa Boulevard and Palm Street.
Given the City's ongoing obligation to the Tidelands Fund and private parking operator,it is
expected that the majority of revenue generated in Balboa Village will not be available for use by
the PBD.Nevertheless,it is reasonable to expect that annual parking revenue for a Balboa Village
PBD would be less than $150,000-$200,000.
Demand-based Pricing
The Balboa Village Parking Management Plan recommended that the City consult with the
Coastal Commission and explore upgrading its existing"smart"parking meters for all curb spaces
along the primary commercial corridors in Balboa Village. On-and off-street parking should use
variable pricing as a means to meet target occupancy levels and generate an appropriate level of
turnover.
As described in more detail below,motorists would be allowed to park in a parking space for as
long as they like,as long as they pay for it.Prices would be based on length of stay and also
50
adjusted to respond to seasonal fluctuations in demand so that when parking demand is higher or
lower,prices would increase or decrease accordingly.
The primary goal of demand-based pricing is to make it as easy and convenient as possible to find
and pay for a parking space. By setting specific availability targets and adjusting pricing,demand
can be effectively managed so that when a motorist chooses to park,they can do so without
circling the block or searching aimlessly. Demand-based pricing can result in the following
benefits:
• Consistent availability and ease of finding a parking space,especially near local
businesses and ground floor retail uses
• Flexible time limits,thereby eliminating the need to move a vehicle to avoid time
restrictions
• Convenient payment methods that eliminate the need to"plug the meter"and make it
easier to pay for parking and avoid parking tickets
• Incentivizes long-term parkers and daily commuters to park in off-street lots
• Reduces search time for parking,resulting in less local congestion and vehicle emissions
• Reduces illegal parking
• Provides a more equitable and efficient way to account for the real costs to a city for
providing parking
• Offers a potential revenue stream for the City that should be reinvested in local
transportation and mobility improvements
Meter Type
New meters should employ"smart"technology that accepts multiple forms of payment,including
credit cards and pay-by-phone technology.
Target Occupancy Rate
Target occupancy rates for on-street spaces should be 85%and go%for off-street spaces,which
would translate into approximately one space per block and several spaces per lot being available
at all times of the day.
Initial Hours &Pricing Structure
Current meter rates are $1.50 per hour. Hours and pricing should be based on demand and
proximity to prime parking destinations. Furthermore,the price of off-street parking should be
set lower than on-street rates in order to incentivize motorists to seek out underutilized off-street
spaces.Ideally,all off-street"pay"facilities would employ consistent pricing structures.Outlined
below is the proposed hours and pricing structure for Balboa Village:
On-streets
• Peak period(Summer)
— 8 AM—6 PM,7 days
— $2.00 per hour(0-2 hours)
— $2.50 per hour(2+hours)
4 Based on data to be collected in the summer,2013,it may be beneficial to lengthen the hours of operation for on-street meters to 8
PM on weekends.
57
• Off-peak period(non-Summer)
— 8 AM—6 PM, 7 days
— $i.00 per hour(0-2 hours)
— $1.50 per hour(2+hours)
O -street
• Peak period(Summer)
— $1.50 per hour(no max)
• Off-peak period(non-Summer)
— $.50 per hour(no max)
Meter Pricing Adjustments
It is possible that the initial pricing structure proposed above will not achieve the target
occupancy rate.Therefore,meter prices should not be static,but periodically adjusted to respond
to changes in demand. Rates need not change constantly or abruptly.When revising meter hours
or rates,it is safest to increase or decrease rates slowly,with occupancy checks before and after
each rate adjustment,in order to avoid overshooting and accidentally driving away customers or
visitors.
This Plan recommends that City of Newport Beach Staff be authorized to increase parking prices
up or down in$0.25 increments a maximum of four times per year,with an upper price limit of
$3.00 per hour.
If and when Staff deems that it is necessary to increase the price further on certain blocks or in
certain parking facilities in order to manage higher parking demand in those locations,Staff must
return to City Council to request authorization to do so,at which time a new price threshold
(upper limit)on parking prices can be also be established.
Shared Parking
A shared parking district—an area where multiple businesses or land uses share off-street parking
facilities—allows visitors to park once and then walk between different destinations.This scenario
reduces the amount of parking that has to be provided to maintain a given level of availability and
promotes pedestrian activity.
Chapter 20.40.110 of the City of Newport Beach Municipal Code includes strict provisions for
joint use or shared parking.Shared parking,to a certain extent,does exist in Balboa Village,as
much of the existing parking supply is already publicly available.However,there are close to 120
off-street spaces that are specifically dedicated to tenant or customer parking within the proposed
PBD.Adopting revised shared parking policies would formalize a flexible shared parking policy
that,to the greatest extent feasible,ensures that existing parking supply is made public.
Furthermore,this recommendation is aimed at guaranteeing that any additional future parking
supply accompanying new development in Balboa Village is publicly available.
Shared Parking Agreements for Existing Parking
Currently,off-street lots are utilized less than on-street spaces in Balboa Village.The parking
occupancy disparity is even greater for privately-owned,off-street parking.Mid-week during the
Spring 2013 survey,public off-street facilities were utilized at higher rates than private ones
during all count times except 8-10 AM.Public facility utilization peaked at 56%(2-4 PM),while
52
private facility utilization peaked at 42%(2-4 PM).On Saturday,public facilities continued to be
utilized at higher rates than private ones during all count times.The utilization of public off-street
facilities exceeded target rates during two count times,2-4 PM and 4-6 PM(96%). Private off-
street facility utilization peaked at 53% (4-6 PM).
Shared parking agreements can help to more evenly distribute parking demand across public and
private facilities. Before building additional parking,the PBD should work with private owners of
key off-street lots to coordinate pricing and regulatory structures between on-and off-street
facilities.These agreements would enable the PBD to establish consistent pricing and regulations
throughout Balboa Village and could help relieve some of the pressure on on-street spaces and
publicly-owned off-street lots,particularly on weekends.Should additional publicly-owned
parking be needed to meet demand,the PBD should approve a policy ensuring that it will first be
purchased or]eased from existing private parking lots or structures from willing sellers prior to
the construction of new parking lots or structures.
To initiate shared parking,the PBD should evaluate existing supply and demand trends in order
to identify priority areas for acquisition of off-street supply.Initially,the occupancy data collected
by Nelson\Nygaard in Spring 2013 (to be supplemented in Summer 2013)could serve to identify
potential private parking candidates for shared parking agreements.
There are three basic types of public/private agreements which the PBD could enter into with a
private property owner.These include:
1. Direct purchase:The PBD would simply purchase these parcels of land,thereby allowing
it control over the parcels.
2. Lease the private lot: Under this arrangement the PBD would essentially"rent'the
parking spaces from the property owner,and would be entitled to control pricing and
regulations of the facility.The PBD would enforce compliance with regulations.
3. Private owner,public management: Under this arrangement the PBD would pay for the
installation of meters and be entitled to control pricing and regulation of the facility.
However,all meter revenue would go to the property owner.The PBD would be
responsible for parking enforcement and would collect all citation revenue.
Liability issues often emerge as a potential concern,yet these issues are typically covered in
standard liability coverage in any land use policy to cover public passage.In addition,liability can
be more comprehensively addressed through well-written lease agreements that include
provisions requiring the leaser to maintain a good state of repair,ADA access,etc.,along with
provisions that the lessee provide adequate and appropriate signage for patrons and take actions
to avoid overcrowding or other hazardous situations.To serve as a basis for private facility leases,
sample operating and liability agreements can be found in Appendix B.
Shared Parking Agreements for New Construction
To guarantee that shared parking is provided at any new development within the PBD,the City of
Newport Beach should amend the Municipal Code and create a parking overlay zone for
properties within the PBD. Currently, Chapter 20.40.110 allows shared parking for new
development with the approval of a conditional use permit,which certifies that various conditions
regarding proximity,different peak parking demands,long-term occupancy, etc.,are met.It is
recommended that the City of Newport Beach establish a parking overlay zone for the Balboa
Village PBD requiring as a condition of approval:
�9
1. Applicants shall be able to meet their minimum parking requirements by right through
the provision or leasing of nearby off-site facilities. Due to the denser nature of urban
districts,1,250 feet(a 5-minute walk)is considered acceptable for commercial and 400
feet for residential(a 1.5-minute walk).Note that shopping centers on multiple parcels
with reciprocal access agreements are considered on-site by right.
2. All newly constructed private parking in any non-residential development or adaptive
reuse project within the PBD be made available to the public
3. Allow parking to be shared among different uses within a single new,mixed-use building
within the PBD,by right.
Overlay zones were used in the City of Buenaventura to implement shared parking in the Ventura
Downtown PBD(refer to Appendix Q.
APPENDIX A : SAMPLE PARKING BENEFIT DISTRICT
ORDINANCES
APPENDIX D_ SAMPLE SHARED PARKING OPERATING O
LIABILITY A BIL ITY AGREEMENTS
APPENDIX C: SAMPLE SHARED PARKING ORDINANCE
00
APPENDIX C
Sample Shared Parking Ordinance
01
BALBOA VILLAGE PARKING BENEFIT DISTRICT& SHARED PARKING IMPLEMENTATION I
APPENDIX C
City of Newport Beach
SAN BUENAVENTURA, CAI
Chapter 24.345 Downtown Parking (DP) Overlay Zone
Sec. 24.345.010. Chapter description.
Chapter 24.345 establishes the Downtown Parking("DP")Overlay Zone.This chapter also
describes how required offstreet parking within the Downtown Area may be provided through the
authorization and issuance of parking approvals and the procedures and required findings
therefor.These provisions are intended:
1. To recognize that the Downtown Area is unique in the city and that it has opportunities to
address offstreet parking problems by specialized means not applicable to other areas of
the city;
2. To define a specific area in the Downtown which may be evaluated,relative to offstreet
parking requirements for non-residential uses,in a separate manner from the remaining
area of the city;
3. To allow both public and private non-residential uses located within the Downtown Area
to provide for required offstreet parking by a variety of methods that will maximize the
overall total number of parking spaces provided,as well as maximize the use of those
spaces;
4. To encourage development of additional offstreet parking in the Downtown Area;
5. To encourage redevelopment and revitalization of the Downtown Area utilizing
specialized methods of providing offstreet parking; and
6. To provide an effective and definitive method for review and processing for non-
residential uses located within the Downtown Area relative to the provision of offstreet
parking.
Sec. 24.345.020. Applicability.
The provisions of this chapter shall apply to all non-residential uses within the Downtown Area.
The Downtown Area may be designated as the DP Overlay Zone by the initials"DP"on the official
zoning district map.The provisions of this chapter shall apply and be deemed enacted and
effective as of July 4,19$5•
Within the Downtown Area,repairs not involving structural alterations may be carried out on
buildings occupied,or otherwise used,by a non-residential use that is nonconforming as to the
offstreet parking requirements of chapter 24.415 without providing for any more offstreet
parking spaces than were provided for at the time such repairs are commenced.
r Chapter24.345 http://library.munieode.com/index.aspx?clientld=10135&stateld=5&stateName=California
Nelson%ygaard Consulting Associates Inc. I C-2 02
BALBOA VILLAGE PARKING BENEFIT DISTRICT& SHARED PARKING IMPLEMENTATION
APPENDIX C
City of Newport Beach
Within the Downtown Area,in any instance where a new use occupies a vacant building or
portion thereof that had previously been occupied by a use with the same or greater parking
requirements pursuant to chapter 24.415, that new use may,notwithstanding any provision
of chapter 24.415,to the contrary,be initiated without providing any more offstreet parking
spaces than were provided at the time the previous use occupied the same building or same
portion thereof.
However,when a non-residential use is initiated in conjunction with,or carries out,or proposes
to carry out,any structural alterations or other development described in sections 24.345.030,
24.345.040, 24.345.050,the total number of offstreet parking spaces that shall be provided for
that use shall be the cumulative total required by each and all of those three sections that apply.
Sec. 24.345.060. Parking approval.
In instances where it is not practicable to provide all required offstreet parking spaces on the
subject site pursuant to chapter 24.415,all required parking may be provided through one or
more of the following methods,provided that a parking approval is first approved in accordance
with chapter24.510:
7. Private onsite parking.
8. Private offsite parking,provided that:
a. The boundaries of the other site containing available parking are located within 50o
feet of the boundaries of the site containing the subject land use;
b. The parking spaces available on the other site are not required for another use;and
c. The applicant's right to use the offsite parking spaces is guaranteed in a manner
satisfactory to the director and the city attorney through a recorded instrument which
is irrevocable without notification to the city for the duration of the approval specified
in this section.
9. Shared onsite parking based on hours of operation,provided the uses sharing parking
either do not have overlapping hours of operation or overlap only when the same is found
to be consistent with and permitted pursuant to the guidelines for shared parking
approved by the city council as such guidelines may exist at the time of permit issuance.
1o. Shared private offsite parking based on hours of operation,provided that:
a. The uses sharing parking do not have overlapping hours of operation or overlap only
when the same is found to be consistent with and permitted pursuant to the
guidelines for shared parking approved by the city council as such guidelines may
exist at the time of permit issuance; and
b. The offsite parking is guaranteed in a manner satisfactory to the director and the city
attorney through a recorded instrument which is irrevocable without notification to
the city for the duration of the approval specified in this section.
11. Payment of an in-lieu parking fee for any required parking spaces not otherwise provided
pursuant to this section,which fee shall be paid prior to the issuance of any required
building permits or zoning clearance in accordance with the in-lieu parking fee program
established by the city council within the geographic boundaries of Downtown Parking
District Nos.1 and 2 as those boundaries may be amended from time to time. Payment of
such an in-lieu fee to meet offstreet parking space requirements may be allowed only if
the decision-making authority finds,in addition to the findings required by_Chapter
24.510,that each of the following circumstances does or will exist:
Nelson%ygaard Consulting Associates Inc. I C-3 63
BALBOA VILLAGE PARKING BENEFIT DISTRICT& SHARED PARKING IMPLEMENTATION
APPENDIX C
City of Newport Beach
a. Provision of private onsite parking is infeasible due to existing development patterns
at the site; and
b. Provision of private shared parking is infeasible due to the applicant's proposed hours
of operation or the distance from available offsite parking,(i.e.,greater than 50o feet)
12. Provision of required parking based on an allocation program which has been set up
through a property-owner-initiated assessment district.
Nelson%ygaard Consulting Associates Inc. I C-4 04
Attachment PC 4
Memorandum dated December 4, 2013
regarding parking requirements
05
V�
QP
�P
Wro�� CITY OF NEWPORT BEACH
�9 COMMUNITY DEVELOPMENT DEPARTMENT
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
cgtrFoe�'P
(949) 644- 3297
Memorandum
To: Balboa Village Advisory Committee
From: Brenda Wisneski, Deputy Community Development Director
Date: December 4, 2013
Re: Parking Standards/Requirements
The Balboa Village Parking Management Plan recommends eliminating minimum parking
requirements in the short term for nonresidential uses within Balboa Village. Residential development
would continue to provide the required parking. To determine if this recommendation is appropriate for
Balboa Village the following details: 1) Existing Parking Regulations, 2) Existing Parking Supply, 3)
Existing Parking Occupancy or Demand, and 4) Potential Future Parking Demand.
Cities have been using minimum parking requirements for decades as a means to account for a given
land use's parking demand to ensure that an adequate parking supply is available. Minimum parking
requirements, however, have emerged as one of the biggest obstacles to many cities' efforts to
encourage new residential and commercial development in downtown areas, and ultimately undermine
many cities' efforts to create attractive, vibrant, and walkable communities. In Balboa Village, minimum
parking requirements have been shown to:
• Make it difficult, if not impossible, for new businesses to locate in the village if their parking
requirements are higher than the previous use;
• Require new development to dedicate tremendous amounts of land for parking which is difficult to
accommodate on small parcels;
• Potentially require new development to construct a structure to accommodate parking which could
degrade project's form, design, and aesthetics;
• Limit the ability to do urban "infill" projects; and
• Make projects more expensive and reduce overall profitability.
Existing Parking Regulations
How Many Parking Spaces are Required for New Uses or New Development?
Chapter 20.40 of the Newport Beach Zoning Code describes the minimum number of parking spaces
that each land use must provide. For nonresidential uses, minimum parking requirements are
predominantly based on building square footage, but some are based on occupancy. Minimum parking
requirements for some of the nonresidential land uses found in Balboa Village are shown in Table 1.
Retail sales, financial institutions, and offices all are required to have one space per 250 square feet
while restaurants and bars require more parking per square foot.
07
Table 1 Existing Parking Requirements for Primary Commercial Land Uses
Land Use Minimum Requirement
Retail Sales 1 per 250 sq.ft.
Food Service 1 per 30-50 sq.ft. of net public area, including outdoor
dining areas, but excluding the first 25%or 1,000 sq.ft. of
outdoor dining area,whichever is less.
Bars, Lounges,and Nightclubs 1 per each 4 persons based on allowed occupancy load
Financial institution and related service 1 per 250 sq.ft.
Offices—Business, Corporate, General, Governmental (non- 1 per 250 sq.ft. net floor area(only applies to first 50,000
medical) sq.feet and then changes)
Changes in use and enlargement or intensification of an existing use shall require compliance with the
parking requirements. If a use or structure does not provide the required parking, as is commonly the
case in Balboa Village, they would be considered "nonconforming." The nonconforming uses may be
changed to a new use without providing additional parking, provided no intensification or enlargement
(additional floor area) occurs. Intensification of a use may occur, if the increase of spaces is provided
either on-site or off-site with an agreement.
Recognizing the number of nonconforming structures in Balboa Village, Chapter 20.38.040 of the
Zoning Code allows existing nonresidential nonconforming structures to be demolished and
reconstructed to their preexisting height and floor area; provided that not less than the preexisting
number of parking spaces is provided.
Can the Required Parking be Adjusted?
Yes, the required number of parking spaces may be reduced if certain criteria is met and a conditional
use permit (CUP) is approved. Chapter 20.40.110 of the Newport Beach Municipal Code describes
mechanisms for reducing the number of parking spaces required. With approval of a CUP, parking
requirements may be reduced if a Parking Management Plan is provided indicating parking demand
would be less, or other parking is available (city lot nearby, on-street parking, walkability of area, mixed
use development). Alternatively, a CUP may include provisions for joint use of parking facilities for
multiple adjacent businesses that have distinct and differing peak parking demands, or if a business
locates parking off-site on another property.
The existing parking requirements do not necessarily support the existing character of Balboa Village or
future plans to enhance the safety, accessibility, and walkability of the community. The process for
adjusting parking can be subjective and onerous for intensification of use or redevelopment.
Therefore, it is recommended that minimum parking requirements for all nonresidential land uses in
Balboa Village be modified or eliminated.
Existing Parking Supply
As shown in Table 1, a total of 1,204 spaces were documented in the on-street blocks and off-street
lots of Balboa Village. There are a total of 76 on-street spaces, representing 8% of the publicly-
available parking supply. A total of 1,128 spaces exist in various off-street lots, both public and private.
Of the on-street spaces, the vast majority (78%) are metered. Virtually all of the surveyed off-street
parking is located in Balboa Village; the residential sub-area only has one off-street lot (an 8-space lot
02
at the Public Library on Balboa Boulevard and Island Avenue). Error! Reference source not found.
shows on-street parking regulations in the study area.
Table 1 Balboa Village Parking Inventory and Type
• Off-Street2 Total
LoadingUnmarked Metered Green
10 59 0 7 1 0 1 76
8% 1,128 99% 1,204
13% 78% 0% 9% 1 0% 1 100%
Figure 1 Parking Locations
On-Street Parking
Off-Street Parking Lot
Study Area Boundary
Y JrM
r r^
v
�rMf• r
xr r
B
R, II�1 1:91 `-cN M gg Spaces
1 B �.
B G
1, t �41/79 s'pacts, � A
B
A E
(J /f//
IJ
592 Spaces
Balboa Village
79 Spaces
Base GI$$ouu:$CAG ESRI
1 Unmarked spaces are defined as those with no posted restrictions;Metered spaces are defined as those with public parking meters;Green
spaces are defined as those with posted short-term time limits(green curb);Loading spaces are defined as those reserved for loading
purposes only(yellow or white curb);Disabled spaces are defined as those reserved for handicapped individuals with appropriate placards
(blue curb).
z Includes private and public parking lots.
09
Parking Occupancy'
Target occupancy rates of 85% and 90% are effective industry standards for on- and off-street spaces,
respectively. In other words, maintaining 15% and 10% vacancy rates for corresponding on- and off-
street stalls will help ensure an "effective parking supply." It is at these occupancy levels that roughly
one space per block is available, making searching or "cruising" for parking unnecessary and allowing
off-street lots to maintain adequate maneuverability. Occupancy rates below these targets indicate a
diminished economic return on investments in parking facilities.
Extensive field surveying was conducted in the spring and summer 2013. Surveying was conducted on
a Thursday and Saturday in March 2013. And, surveys were conducted on Thursdays and Saturdays
in the months of June, July, and August 2013. Detailed survey results are provided under separate
memo. Findings of the survey data are:
1. While the parking supply is underutilized during weekdays, various "hot-spots" of demand
exist. On Thursday counts, at no point did overall on- or off-street utilization reach target levels,
though some of the mostly unregulated blocks along Bay Avenue, Balboa Boulevard, and Adams
Street reached or exceeded target levels.
2. On summer weekends, district-wide parking supplies generally met overall demand at most
times, though during peak periods most facilities met or exceeded target utilization rates. On
Saturday, utilization peaked at 88% during the 4-6 pm count period in March, but peaked at 96%
during the 2-4 pm count period during the summer. During these peak periods, the majority of the
study area's on- and off-street facilities met or exceeded target utilization rates. While some over-
utilized on- and off-street facilities are located in relatively close proximity to facilities with significant
capacity, it is clear that during weekends the parking supply in the study area is utilized above
target rates.
3. Comparing spring occupancy levels to summer rates, overall utilization is higher in the
summer, but follows the same general trends as observed in the spring. During all collection
efforts, off-street facilities exhibited a gradual peaking in the early afternoon and on-street spaces
were utilized most heavily in the late evening.
4. The sub-areas exhibit different parking utilization and turnover trends. Occupancy was
typically lower in the Balboa Village sub-area than in the residential sub-area, though the peaking of
demand was much more heavily pronounced in Balboa Village. On Saturday, utilization in Balboa
Village surpassed that of the residential sub-area during only two count times, peaking at 98% (2-4
pm). The turnover data shows that between the two sub-areas, vehicles parked for much shorter
periods of time in the Balboa Village than in the residential sub-area on both days, as expected
given the differences in land use. The Balboa Village's shops, restaurants, and other venues attract
short-term parkers, while the on-street blocks of the residential sub-area are most likely used by
long-term parkers such as employees, Catalina Flyer patrons, and residents.
Tables 3 (Thursday) and 4 (Saturday) depict the occupancy levels for municipal lots (referenced as
Lots A, B, D and L in Figure 3) and on-street parking in Balboa Village. These parking areas provide
887 metered parking spaces within the Village. As shown, the area experiences occupancy levels
beyond 90% less than 50% of the time on Thursdays, but this level is commonly experienced on
Saturdays both off-season (March) and during the summer. Therefore, it could be concluded that the
Balboa Village regularly exceeds the target occupancy rate of 85% to 90% on weekends even during
the off-season, particularly if warm weather is in effect.
3 All occupancy calculations omit the 24 spaces in Lot E(on Balboa Boulevard between Main Street and A Street)from the total inventory
because that facility was closed for construction during the count periods.
7o
Table 3 Parking Occupancy in Municipal Lots (Thursday)
Lots A&B Lot L On—Street Lot D
MARCH
8am to loam
loam to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to Bpm
9pm to llpm
JUNE
8am to loam
loam to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to 8pm
9pm to 11pm
JULY
8am to loam
10am to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to 8pm
9pm to 11pm
AUGUST
Sam to 10am
10am to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to 8pm
9pm to 11pm
Table 4 Parking Occupancy in Municipal Lots (Saturday)
Lots A&B Lot L On--Street Lot D
MARCH
Sam to loam
loam to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to Bpm
JUNE
Sam to loam
10am to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to 8pm
JULY
Sam to loam
loam to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to
Ip
AUGUST
Sam to 10am
10am to 12
12 to 2pm
2pm to 4pm
4pm to 6pm
6pm to Spm
Parking Occupancy
Less than 75% 75 to 89% 90% or More
Potential Future Parking Demand
The other piece to the puzzle is what new development would occur if parking requirements were
eliminated. Some may be concerned that if the parking requirements are eliminated, the parking
demand created by new development would exceed the existing parking supply. Currently,
nonresidential development within Balboa Village totals 286,926 gross square feet. Applying the
requirement of 1 parking space per 250 square feet, existing development would be required to provide
1,148 parking spaces.
Existing Nonresidential Development 286,926 square feet
Required Parking Per Code 1 space per 250 square feet
Total Required Per Code 1,148 Parking Spaces (286,926 _ 250)
Total Existing Spaces (public and private) 1,204 Parking Spaces
Parking Spaces Beyond Required 56 Spaces
Parking requirements are not the only challenge to redeveloping in the Village. Small parcel sizes and
limited development standards are also factors which determine the desirability of redevelopment.
Existing development standards limit commercial development to no more than a .75 floor area ratio,
while mixed use development is limited to a 1.5 floor area ratio. Many of the structures in the village
already are close to or exceed these floor areas.
Recommendations for Consideration
The ultimate goal to evaluating the parking standards is to remove barriers to new development,
renovation of existing buildings, and change of businesses. The following presents options for
achieving this goal:
1. Eliminate Parking Requirements: The Balboa Village Parking Master Plan recommends eliminating
parking requirements in the short term.
By eliminating minimum parking requirements, the City of Newport Beach can:
a. Facilitate a "free market' for parking that is more realistically determined by actual parking
demand, as opposed to conventional parking standards,
b. Reduce development costs and provide additional flexibility to developers, especially on smaller
lots or with historic structures, and
c. Help to ensure that existing parking supply is efficiently utilized before building additional
parking supply.
It is important to note that eliminating requirements could result in potential spillover problems if
other recommendations are not implemented, depending on the amount and type of development in
Balboa Village in future years.
Depending on the level of development in the long-term, The Master Plan also recommended that a
"parking multi-modal" impact fee could be applied to all new nonresidential development and any
change of use resulting in a more intensive land use. The fee would allow for a wide range of
potential expenditures, including demand management programs, as well as improvements to
parking, bicycle, pedestrian and transit facilities.
73
By instituting an impact fee, the City of Newport Beach can:
a. Provide a valuable revenue source to mitigate potential transportation impacts in Balboa
Village by financing not just roadway improvements, but also new or upgraded transit
services, parking management measures, bicycle/pedestrian infrastructure, and other TDM
programs.
Potential drawbacks include:
a. This fee would fall under the purview of the California Mitigation Fee Act and would require
an additional nexus study, which can be time and resource intensive.
b. The development community will likely resist an additional impact fee, as it would increase
development costs.
c. Given the size of the proposed district and the projected development scenarios, revenue
from such a fee would likely be limited. The City of Newport Beach currently has a traffic fee.
The City would need to further evaluate the relationship of that fee to a separate fee in
Balboa Village, especially in regards to any potential legal issues of two fees.
2. Eliminate Parking Requirements to allow for some Additions to structures and Intensification of
Uses: The existing Code allows uses with nonconforming parking to add or intensify up to 10
percent provided additional parking is supplied for the addition or intensification. New businesses
are often precluded in the Village because the additional parking is not available and cannot be
created. The Code could be amended to eliminate the need to provide the additional parking
spaces provided they add or intensify by no more than 10 percent.
3. Eliminate Parking Reouirements to allow for Changes of Use: The existing Code requires that all
the required parking be provided for a change of use that results in an intensification and increase
in the parking requirement. Often these parking requirements are an impediment to redevelopment
for a change in use for an existing building or tenant suite. One solution would be to amend the
Code to allow changes in use within existing buildings in Balboa Village without requiring the
proposed use to comply with current parking requirements. All other Zoning Code standards would
continue to be enforced, including any requirements for a use permit or other discretionary review.
This allowance would facilitate the development of new or relocated restaurants and other uses that
are often precluded for located within Balboa Village due to higher parking requirements.
4. Allow structures to reconstruct while maintaining their existing parking conditions provided the floor
area and height is maintained: The current Code allows structures which are nonconforming due to
floor area to maintain their preexisting parking conditions. The Code could be amended to allow all
structures to redevelop and maintain their preexisting parking conditions. If the structure is
increased beyond existing conditions, parking associated with the additional floor shall be provided.
5. Modify Parking Requirements: The parking requirements listed in Table 1 are applied to all uses
within the City, regardless of the characteristics of the area. Therefore, uses in a commercial stripe
property are required to provide the same number of parking spaces as commercial uses in areas
which offer alternative travel modes (bike or walk) or multiple destinations. With the creation of a
parking district, parking standards could be tailored to the uniqueness of Balboa Village. Suggested
modifications could include:
74
Table 5 Proposed Parking Requirements for Commercial Land Uses in Balboa Village
Land Use Minimum Requirement
Retail Sales 1 per 258400 sq. ft.
Food Service 1 per 50 50 70 sq. ft. of net public area, including
outdoor dining areas, but excluding the first 25%or 1,000
sq.ft. of outdoor dining area,whichever is less.
Bars, Lounges,and Nightclubs 1 per each 4 persons based on allowed occupancy load
Financial institution and related service 1 per 250 sq.ft.
Offices—Business, Corporate, General, Governmental (non- 1 per 250 sq.ft. net floor area(only applies to first 50,000
medical) sq.feet and then changes)
6. Increased Shared Parking Opportunities: The Master Plan also recommends formally establishing
Balboa Village as a shared parking district. While the Zoning Code allows for parking to be shared
with a conditional use permit, creating a district would maximize the efficiency of the parking by
establishing a common pool of shared, publicly available spaces. The following would facilitate the
creation of a "park once" district:
a. Maximize use of the existing parking supply by improving wayfinding and parking
information,
b. Work with existing property owners and businesses to ensure that private parking is made
available to the public when not needed for its primary commercial use,
c. Work with property owners and businesses to develop mutually-agreeable operating and
liability arrangements for the public's use of private lots,
d. Require as a condition of approval that all newly constructed private parking in any
nonresidential Balboa Village development or adaptive reuse project be made available to
the public,
e. Allow parking to be shared among different uses within a single mixed-use building by right,
and
f. If new public parking supply is needed, first purchase or lease existing private parking lots or
structures from willing sellers, and add this parking to the shared public supply before
building expensive, new lots/garages. Costs for purchase and leasing of spaces can vary
dramatically, but would likely be in the range of$50-500 per month per space.
715
Ramirez, Brittany
To: Planning Commissioners
Subject: ADDITIONAL MATERIALS RECEIVED -09-18-14 PC MEETING
Planning Commission — September 18, 2014
Item No. 3a:Additional Materials Received
Balboa Village Parking Management (PA2014-016)
From: Campbell, James
Sent: Wednesday, September 17, 2014 9:05 PM
To: Ramirez, Brittany
Subject: Fwd: Bal Peninsula parking permits
Jim Campbell
Begin forwarded message:
From: "Henn, Michael" <mhenn(&,,newportbeachca.eov>
Date: September 17, 2014 at 7:47:26 PM PDT
To: Gay Holmes <1>;holmes55(a,yahoo.com>, Dept - City Council
<CityCouncil(-aDnewportbeachca.gov>
Cc: "Kiff, Dave" <DKiff(a,ncwportbeachca.gov>, "Campbell, James"
<JCamnbell(cnewportbeachca.gov>
Subject: RE: Bal Peninsula parking permits
Hi Gay:
Thanks for your input. I will make sure it is made a part of the public record for tomorrow night's
Planning Commission meeting.
Mike
From: Gay Holmes liehohmes55gyahoo.coml
Sent: Wednesday, September 17, 2014 5:36 PM
To: Dept- City Council
Subject: Bal Peninsula parking permits
Dear City Council,
We cannot attend the meeting tomorrow but we want to let you know that we are strongly
against residents near the Balboa Village being required to get parking permits just so they can
park on the streets. It is totally unnecessary and seems like another veiled attempt for the city to
get more money. And we don't need ugly signs posted in our neighborhood. If we have family
over to visit where the hell are they supposed to park?And why are you considering it here? I bet
it would never fly in CDM near their restaurants. Please don't consider this idiotic proposal.
Jaime and Gay Holmes
201 E Edgewater Ave
i
P.S. Those surveys you handed out over and over were very poorly written and also a waste of
money.
2
Planning Commission - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
Balboa Village Parking Management (PA2014-016)
RESOLUTION NO.
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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgWaowFtmrlk*MdiurgNment PA2014-016)
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.
6-.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 weuld be weuldmay 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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgWaowFtmrlk*MdiurgNment PA2014-016)
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 18T" DAY OF SEPTEMBER, 2014.
AYES:
NOE
ABST
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
Planning Commission - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgWaowRmrlk*MdiurgNment PA2014-016)
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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgVMa*Rmrlk*MdiurgNment PA2014-016)
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 (# ayes, # noes, #
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 Qiven
fiRally, eh... ges on use OF intensity of use are author zed by the n sed n nndmnnf
Giver 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, aad
te-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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgWaowFtmrlk*MdiurgNment PA2014-016)
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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBHftgWaowRmrlk*MdiurgNment PA2014-016)
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 land 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).
Planning Commission - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftO�l ni wFtmrlk*Mdiut-g@Iiment PA2014-016)
Page 8
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. NAb.VithSt2rld ng Section 20.49.199 (Q# Site PaF'('Rg), shaFed paFkiRg Shall hP
ci,hlnGt M. The review Rd a ial of the Dire GtGF
4. The reduction of required parking associated with a shared parking
arrangement shall be subiect 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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftOWne wFtmrlk*Mdio3gNiment PA2014-016)
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 subiect 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 20.40.110.13.2 (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 - September 18, 2014
Proposed changes by James Campbell Item No. 3b: Additional Materials Received
PlarBiiftgWaowRmrlk*MdiurgNment PA2014-016)
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 "PM" overlay zoning
district symbol to the existing zoning district designation.
RM 49 DU
\ yy 9Rp�N e .Ci FQ'
i � OP ti 4y9 J
q
? •h� QP R
L
h
P ?
ec ry 9
�/f cpgN
FRpNTF Q:
FIiOs �. ANT
AF NR ry q44Fre
P.nf ala
2 pF
OP
0
0P
PR
LL
a
Planning Commission - September 18, 2014
Item No. 3c: Additional Materials Received At Meeting
Balboa Village Parking Management (PA2014-016)
September 18, 2014
I am here representing the Owner of the property at 500 East Balboa Blvd, Newport
Beach, CA 92661 500 East Balboa LLC,and the tenant, Hardesty&Associates, Inc.
We are opposed to the shared use of our parking lot,and to the proposed
requirement of agreeing to the shared use as a condition for future building permits
on our property. We do not know the full extent of our rights, but we are reserving
them.
We have consulted with our attorney and are prepared to challenge these proposals
in court. Our attorney opines that these proposals are a condemnation,or an
inverse condemnation. Your adoption of such a plan can be actionable under those
doctrines because it would result in diminution in the value of the property affected,
under the case of Klopping v. City of Whittier, 8 Cal. 3d 39 (1972). Additionally, such
adoption would cause immediate damage to our business.
The consideration of shared parking requirements mandated by the City of Newport
Beach for any future building permits that would be pulled on our property is
already lowering the value of our property, and if passed will substantially lower the
value of our property. The greatest value in our property is that it has parking
available 24 hours a day, 7 days a week for our employees, customers and guests.
We purchased this property mainly due to the fact that it has such parking,and we
cannot properly operate our business without such parking.
Planning Commission - September 18, 2014
Item No. 3c: Additional Materials Received At Meeting
Balboa Village Parking Management (PA2014-016)
The implementation of a shared parking plan would be more than an administrative
action. Implementation of such a plan would actually be a physical taking of
possession of our property for a public purpose.
We have a vested right not to have public use of our parking lot be a condition to
future changes we may wish to make to the structure, or to our use of the property.
Our property should not be subjected to different requirements for new permits
than are imposed upon any other area in the City. The same criteria must be
applicable to all property in the City.
Hardesty&Associates, Inc. is a national general contracting firm. Due to the
national time changes across the country, our employees must have the full parking
lot available at all times for their use. Employees driving around looking for
parking,or parking and walking long distances to the office, will cause a financial
hardship due to loss of production and willingness of employees to come into the
office due to parking hassles and safety concerns. There are occasions where our
employees are required to come into the office late at night. Our parking lot must be
available to them at all times as a private area. We cannot operate our business
without the full use of our property at all times. Making the lot available each night
or weekends to numerous strangers whom the City would encourage to use the
property would create real safety issues, and anxiety to our employees. Enactment
of such a plan would cause immediate financial damage to our business. We would
be placed in a position of having to advise current and prospective employees that if
Planning Commission - September 18, 2014
Item No. 3c: Additional Materials Received At Meeting
Balboa Village Parking Management (PA2014-016)
we need to make changes in our building or property use, their safety and
convenient access to the property could be substantially impacted.
Furthermore,we understand that no Environmental Impact Report has been
prepared,or is contemplated. Enactment of the proposed plan absent an
Environmental Impact Report on traffic effects, interference with existing property
usage,and safety concerns would be a violation of the California Environmental
Quality Act. We have tried in the past to work with other businesses and share our
parking lot with them. This did not work out well as our employees, friends,guests,
and clients were being hassled by the other businesses' employees while they were
attempting to park in our parking lot. A fair argument can be made that legally
significant adverse impacts will occur. A full investigation and report would be
required. A determination by the City not to require an EIR could be upheld only if
there is no credible evidence of a significant impact.. Baldwin v. City of Los Angeles,
70 Cal.App. 41h 819 (1999).
500 East Balboa LLC
Hardesty&Associates, In .
By:
Authorized Representative
Planning Commission - September 18, 201-4-
Item
8, 2014
Item No. 3d: Additional Materials Presented At Meeting
■ ■ Bal Ila a Parking Management (PA2014- 16)
Balboa Village Parking anagemen
r
tip
7Iy�p;
I
Planning Commission �1`.•
Public Hearing _ )
September 18, 2014
Planning Commission - September1
Item • •: Additional Materials Presenteglisidr
Balboa Village Parking Managementc
Overlay District h.
C
R_M 49 DU
h
0 P
� J
Q ° h
a� P
Parking Management Overlay
M1 J
District
R,z?`� 9R FgR's
�i
• Adams Street to A Street
g g• Parkin Management Plan
• Specific parking requirements
• Pursuant to Zoning Code
a
Section 20. 28.030
nF F49 s aR .
h
aR a
T
* PR
AF
oy�
ro
PR
og/18/203.4 Community Development Department- Planning Division 2
Planning Commission - September1
Item • •: Additional Materials Presenteglisid
Balboa Village Parking Managementc
Parking M • Plan
Eliminate Required, Off-street Parking
Except for:
Residential
Assembly/Meeting Facilities, Commercial Recreation and
Entertainment, Cultural Institutions, Marine Services Uses,
Schools, and Visitor Accommodations
■ Over Z, ioo parking spaces (73% public)
■ Parking surveys show availability of parking except 14
days per year on average
Adequate to meeting future development potential
og/18/2014 Community Development Department- Planning Division
Planning Commission - September1
Item • •: Additional Materials Presenteglisid
Balboa Village Parking Managementc
Parking M • Plan
Maintain Existing Private Off- Street Parking
Approximately 285 private spaces
Removal Subject to Site Development Review
Permit approved by Zoning Administator
og/18/2014 Community Development Department- Planning Division 4
Planning Commission - September1
Item • •: Additional Materials Presenteglisid
Balboa Village Parking Managementc
Parking M • Plan
Allow Shared Use of Parking Facilities
No significant overlap in hours of operation
Parking within 1, 250 feet of use measured on
walkways
Director approval
Encourage public use of private parking; City may
lease parking & agreement would address
management, maintenance, and liability issues
og/18/2014 Community Development Department- Planning Division
Planning Commission - September1
Item • •: Additional Materials Presenteglisid
Balboa Village Parking Managementc
Parking M • Plan
Suspends In - Lieu Parking Fees
Existing uses will no longer pay
9 businesses; approximately $13, 000 per year
No future participants consistent with Council action
og/18/2014 Community Development Department- Planning Division 6
Planning Commission - September1
Item • •: Additional Materials Presenteglisid
Balboa Village Parking Managementc
Parking M • Plan
Establish a Employee Permit Parking Program
Discount permits to park in designated areas
( Balboa Pier lot and Balboa Boulevard median)
Details of program to be developed with employer
input
og/18/2014 Community Development Department- Planning Division
Planning Commission - September1
dtem • • Additional Materials Presieating
Recommendation ancralboa Village Parking Management
94 Fp
Next Steps
F Adopt Code Amendment No . CA2014- 001
(see amended language)
City Council hearing tentatively scheduled for
October 14, 2014
og/18/2014 Community Development Department- Planning Division 8
Planning Commission - September 18, 2014
Item No. 3d: Additional Materials Presented At Meeting
Balboa Village Parking Management (PA2014-016)
•
1
_ r
Questions ?
For more information contact:
James Campbell
949-644-3210
jcampbellnewportbeachca.gov
www.newportbeachca.gov