HomeMy WebLinkAbout13 - Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District and Plan (PA2017-046)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 9, 2021
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: James Campbell, Deputy Director, jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Ordinance No. 2021-4: Amending the Local Coastal Program
Implementation Plan to Include Balboa Village Parking Management
Overlay District and Plan (PA2017-046)
ABSTRACT:
In January 2015, the City Council adopted Ordinance No. 2014-20, establishing the
Balboa Village Parking Management Overlay District and Plan ("PM -1 Overlay and Plan")
modifying required off-street parking requirements within Balboa Village area. The PM -1
Overlay and Plan were added to Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code ("NBMC") but never placed into Title 21 (Local Coastal Program
Implementation Plan) of the NBMC until now. A Local Coastal Program ("LCP")
amendment to incorporate the PM -1 Overlay and Plan into Title 21 of the NBMC was
approved by the California Coastal Commission ("Coastal Commission") on
September 9, 2020, with suggested modifications. For the City Council's consideration
are suggested modifications from the Coastal Commission and the adoption of the LCP
Amendment to add it to Title 21 of the NBMC.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find the action statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations,
Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local
governments from the requirements of preparing an environmental impact report or
otherwise complying with CEQA in connection with the adoption of a Local Coastal
Program; and
b) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2021-4, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Local Coastal Program Amendment No. LC2017-001 as Modified by the
California Coastal Commission to Amend Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Related to the Parking
Management Overlay District and Plan (PA2017-046), and pass to second reading on
February 23, 2021.
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FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Background
On January 13, 2015, the City Council adopted Ordinance No. 2014-20 amending
Title 20 (Planning and Zoning) of the NBMC and establishing the PM -1 Overlay and Plan
(Attachment B). The PM -1 Overlay and Plan modified the off-street parking requirements
for commercial uses within Balboa Village to spur economic activity and efficiently utilize
the supply of existing parking in an effort to preserve the unique character of the area.
At that time, staff also inserted the new code language into the City's draft Local Coastal
Program Implementation Plan, as part of the submittal package for receiving a certified
LCP and submitted it to the Coastal Commission. On November 22, 2016, the City
Council adopted Ordinance No. 2016-19, which adopted Title 21 (LCP Implementation
Plan) of the NBMC with various Suggested Modifications by the California Coastal
Commission (Coastal Commission). One of the Suggested Modifications deleted LCP
Implementation Plan Section 21.28.030(D), which included the PM -1 Overlay and Plan.
The Coastal Commission determined there was not sufficient information or time to adopt
the PM -1 Overlay and Plan as part of the LCP certification process due to concerns that
it would exacerbate a lack of off-street parking for commercial development that would
then adversely impact coastal access opportunities.
On January 13, 2017, the Coastal Commission certified the City's LCP and the City of
Newport Beach (City) assumed coastal development permit -issuing authority. At the time,
it was recognized that the deletion of the PM -1 Overlay and Plan from Title 21
(LCP Implementation Plan) would result in an inconsistency with Title 20 (Planning and
Zoning) and would further prevent the City from implementing the provisions of the PM -1
Overlay and Plan until a separate LCP Amendment is processed.
On April 9, 2019, the City Council adopted Resolution No. 2019-37 (Attachment C)
authorizing the submittal of LCP Amendment No. LC2017-001 to the Coastal
Commission. The amendment incorporated the basic components of the PM -1 Overlay
and Plan that are part of the Zoning Code into the certified LCP Implementation Plan.
The resolution also included a provision that specified the amendment does not become
effective until approval by the Coastal Commission and the adoption, including any
modifications suggested by the Coastal Commission, by the City Council.
On September 9, 2020, the Coastal Commission approved the amendment with
modifications and provided City staff with a redline of the proposed ordinance (see
Attachment D).
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Analysis
As indicated above, when the City's LCP was certified by the Coastal Commission, the
City recognized that a follow-up LCP amendment would be needed to establish the
PM -1 Overlay District and Plan into the LCP Implementation Plan. Staff's goal is to ensure
that both Title 20 and Title 21 are consistent to the greatest extent feasible and to avoid
conflicts.
Coastal Land Use Plan Policy 2.9.3-14 allows for the development of parking
management programs for coastal zone areas if the program: 1) Provides adequate,
convenient parking for residents, guests, business patrons, and visitors of the coastal
zone; 2) Optimizes use of existing parking spaces; 3) Provides for existing and future land
uses; 4) Reduces traffic congestion; 5) Limits adverse parking impacts on user groups;
6) Provides improved parking information and signage; 7) Generates reasonable
revenues to cover City costs; and 8) Accommodates public transit and alternative modes
of transportation.
City staff worked with the Coastal Commission staff on modifications to the amendment
to address their concerns and to ensure the purpose of the PM -1 Overlay District and
Plan clearly aligns with the parameters established in CLUP Policy 2.9.3-14. This
collaboration resulted in modifications that were mutually acceptable and were ultimately
approved by the Coastal Commission as "suggested modifications" to ensure that a future
Coastal Development Permit (CDP) to implement the PM -1 Overlay District and Plan
does not result in adverse impacts to coastal access and recreational opportunities,
especially during the peak summer months when parking is most impacted by everyone.
Most of the suggested modifications consist of simple clarifications; however, the more
significant modifications relate to protection and enhancement of public access, the
provision of public transit/alternate modes of transportation, the enhancement of public
street ends to provide better public access to the shoreline and beaches, and increasing
the number of bicycle racks at public beaches and parks. The City Council must either
accept or reject these suggested modifications. If the City Council rejects the suggested
modifications, the City would need to process a new LCP amendment and obtain Coastal
Commission approval.
New LCP Provisions and Suggested Modifications
The proposed amendment, with the incorporation of the suggested modifications, results
in the following:
1. Clarifies Processing Requirements to Establish New Parking Management
Overlay Districts. Although this amendment establishes the first parking
management overlay district plan (PM -1) for Balboa Village in the LCP, the
amendment also clarifies that the establishment of any new future parking
management overlay district will require a separate LCP amendment and the
approval of a separate parking management district plan by the Coastal
Commission.
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2. Implemented by CDP. The proposed amendment will require the approval of a
Coastal Development Permit ("CDP") by the City's Planning Commission prior to
implementation of any new parking management plans established by means of
the overlay district. Although the general parameters of each approved parking
management plan would be established in the LCP, the actual implementing
details of the plan would be included in a future City -issued CDP. This would allow
the CDP and any future amendments to be reviewed by the Planning Commission.
Furthermore, minor changes to a plan that the City considers to "not result in an
expansion or change in operational characteristics of the use" can be approved by
the Community Development Director without a public hearing. However, in the
case of PM -1 Overlay District and Plan, which includes areas both within the City
and Coastal Commission jurisdiction, the CDP to implement PM -1 will be required
to be a consolidated permit issued by the Coastal Commission. The CDP will allow
greater detail and flexibility in implementing the components of parking
management overlay districts, such as PM -1. This will be particularly useful in
implementing programmatic components of the plan, such as bus and shuttle
service, parking restrictions and signage. The CDP will provide a better method of
incorporating the parking study information sought by the Coastal Commission,
which cannot be included appropriately in the certified LCP.
3. Establishes the Balboa Village Parking Management Overlay District and
Plan (PM -1). The proposed amendment would create a new Parking Management
Overlay and Plan (PM -1 Overlay and Plan) for the Balboa Village area. The PM -1
Overlay and Plan would apply to all properties located between the Pacific Ocean
and Newport Bay between Adams Street and A Street, including public parking on
public streets and public and private parking lots (Attachment E).
The purpose of the PM -1 Overlay and Plan is to protect the character of Balboa
Village and ensure sufficient parking is provided to meet the needs for the area
and coastal zone visitors. The certified LCP recognizes that Balboa Village is
characterized by a pedestrian orientation and articulated building facades. The
proposed amendment will add that one of the purposes of the Overlay District is to
protect and enhance the pedestrian -oriented, traditional storefront character of
Balboa Village.
4. PM -1 Plan Components. The components summarized below are generally
consistent with the PM -1 Overlay and Plan components in Title 20, except for the
Parking Restrictions, Wayfinding Program and Alternative Transportation
provisions which are new.
• Maintains Existing Public Parking Supply. The PM -1 Overlay and
Plan requires the retention of existing public parking spaces to meet the
parking demand generated by visitors to the commercial district, Balboa
Pier, and adjacent beaches and parks. Should the need arise, the City
may modify, add, or remove parking spaces through an amendment to
the implementing CDP.
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• Eliminates Required, Off-street Parking for Most Commercial Uses. To
optimize the use of existing public and private parking spaces and in
recognition that Balboa Village has a large supply of parking that is
underutilized during the beach off-peak season, the PM -1 Overlay and Plan
eliminates the off-street parking requirement for new or expanded uses, with
the exception of these specified uses that generate a high demand for
parking:
Land Use Category
Examples
Assembly/Meeting
Conference/convention facilities, meeting halls,
Facilities
places of worship, and yacht clubs.
Commercial
Arcades, amusement parks, billiard parlors/pool
Recreation and
halls, cinemas, and theaters.
Entertainment
Cultural Institutions
Museums and libraries
Marine Services
Boat yards, entertainment/excursions, and
Uses
marine service stations.
Residential Uses
Single/Two/Multi-family dwelling units and mixed-
use.
Schools
Art/Dance/music, business/vocational, and
professional.
Visitor
Bed and breakfast inns, hotels, motels, and time
Accommodations
shares.
The above-mentioned uses are required to provide off-street parking
consistent with the LCP Implementation Plan, or they could seek relief
through a CDP for a parking reduction or an off-site parking agreement.
Elimination of the parking requirement will allow changes in use or small
additions to buildings within existing use and floor area limitations of the
Zoning Code and LCP. 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.
• Allows Shared Use of Parking Facilities. There are approximately
120 off-street parking spaces that are privately held, dedicated to tenant or
customer parking within the proposed district. Making these spaces
available for public use or other businesses when they are not needed is a
more efficient utilization of these existing parking resources. The PM -1
Overlay and Plan would allow the Director of Community Development to
authorize shared parking, subject to minimum conditions that include:
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1) space located within 1,250 feet of the use it is intended to serve; 2) no
significant overlap in hours of operation or peak parking demand of the uses
sharing the parking; 3) will not create traffic hazard or impacts surrounding
uses; 4) binding agreement or legal instrument assuring joint use of parking
is required; and 5) preparation of a parking management plan to address
potential parking conflicts, if needed. The PM -1 Overlay and Plan would
also encourage the City to acquire or lease these private parking spaces
from willing property owners to address issues of liability and maintenance.
• Suspends Existing and Future In -Lieu Parking Fees. Currently
businesses do not pay in -lieu parking fees. Nine businesses in Balboa
Village paid annual in -lieu parking fees ($150 per space) prior to the
program's suspension in 2015. The revenue from existing permits
(approximately $13,000 per year) is nominal. The PM -1 Overlay and Plan
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.
• Voluntary Employee Parking. The PM -1 Overlay and Plan includes
maintenance of the voluntary Balboa Village Employee Permit Program that
includes reduced fees and designated parking locations for employee
parking during non -summer months and peak use times.
• Parking Restrictions. The PM -1 Overlay and Plan will allow parking
restrictions (i.e., time of use, duration, pricing, etc.) to optimize use of
existing parking spaces.
• Wayfinding Program. The PM -1 Overlay and Plan requires a wayfinding
program to direct visitors to parking facilities, pedestrian and bicycle access
routes and important destinations.
• Alternative Transportation. The PM -1 Overlay and Plan encourages the
use of alternative transportation, such as the Balboa Island Ferry, bicycles,
buses and the Balboa Peninsula Trolley.
ENVIRONMENTAL REVIEW:
Pursuant to the authority and criteria contained in the California Environmental Quality
Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily exempt from CEQA
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act, Section 15265(a)(1), which exempts local governments from
the requirements of preparing an environmental impact report or otherwise complying
with CEQA in connection with the adoption of a Local Coastal Program.
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NOTICING:
Notice of this hearing was published in the Daily Pilot as an eighth page advertisement,
consistent with the provisions of the Municipal Code and mailed to all owners of property
and residential occupants within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways). The item also appeared on the agenda for this
meeting, which was posted at City Hall and on the City website. Additionally, notice was
sent to all persons and agencies on the Notice of the Availability mailing list.
ATTACHMENTS:
Attachment A — Ordinance No. 2021-4
Attachment B — Ordinance No. 2014-20
Attachment C — Resolution No. 2019-37
Attachment D — Coastal Commission Action Letter and Suggested Modifications
Attachment E — Balboa Village Parking Management Overlay District Map (PM -1)
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FIN ar_TS]:IJil4kiIr_1
ORDINANCE NO. 2021- 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2017-001 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO THE PARKING
MANAGEMENT OVERLAY DISTRICT AND PLAN (PA2017-
046)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program for that portion of the coastal zone within its
jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") as amended from time to time including most
recently on February 12, 2019 via Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan with suggested modifications on January 13, 2017,
and the City Council adopted Ordinance No. 2016-19 adding Title 21 (Local Coastal
Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, LCP Amendment No. LC2017-001 is necessary to incorporate a
parking management overlay district and plan, including the Balboa Village Parking
Management Overlay District, into Title 21 in order to establish consistency with Title 20
(Planning and Zoning),
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WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on February 21, 2019, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 of seq.
("Ralph M. Brown Act"), Chapter 21.62 (Public Hearings) of the NBMC, and Section
13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter
2, Article 5 (Public Participation). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted (4 ayes, 0 nays, 3 absent) to adopt Planning Commission Resolution No. PC2019-
006, recommending City Council approval of LCP Amendment No. LC2017-001;
WHEREAS, a public hearing was held by the City Council of the City of Newport
Beach on April 9, 2019, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the public hearing was
given in accordance with the Ralph M. Brown Act, Chapter 21.62 (Public Hearings) of the
NBMC, and Section 13515 of the California Code of Regulations. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review
drafts of LCP Amendment No. LC2017-001 were made available and a notice of the
availability was distributed a minimum of six weeks prior to the City Council public hearing;
WHEREAS, on April 9, 2019, the City Council adopted Resolution No. 2019-37
authorizing the submittal of LCP Amendment No. LC2017-001 to the Coastal
Commission;
WHEREAS, Resolution No. 2019-37 specified that LCP Amendment No. LC2017-
001 shall not become effective until approval by the Coastal Commission and adoption,
including any modifications suggested by the Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council;
WHEREAS, at the September 9, 2020, Coastal Commission hearing, the Coastal
Commission certified LCP Amendment No. LC2017-001 with modifications (LCP-5-NPB-
19-0016-1) as being consistent with the California Coastal Act; and
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WHEREAS, a telephonic public hearing was held by the City Council on February 9,
2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose
of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 21.62
(Public Hearings) of the NBMC and California Public Resources Code Section 30503.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby accepts the suggested modifications
approved by the California Coastal Commission as set forth below.
Section 2: Section 21.14.010 (Coastal Zoning Map) of Chapter 21.14 (Coastal
Maps) of the NBMC is hereby amended as attached hereto as Attachment "A" to include
"PM -1" overlay district symbol to Balboa Village area with all other provisions of the Coastal
Zoning Map remaining unchanged.
Section 3: Section 21.28.030 (Parking Management (PM) Overlay District) of
Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of the NBMC is
repealed and replaced with the following:
21.28.030 Parking Management (PM) Overlay District.
A. Parking Management District Plan Required. Every Coastal Zoning Map LCP
amendment reclassifying land to create a new Parking Management (PM) Overlay District
shall have a parking management plan reviewed by the Commission and approved by
the Council.
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 and
address the following issues:
1. The provision of adequate, convenient parking for residents, guests, business
patrons, and visitors of the coastal zone;
2. Optimizing the use of existing parking spaces;
3. Providing for existing and future land uses,
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4. Reducing traffic congestion;
5. Limiting adverse parking impacts on user groups;
6. Providing improved parking information and signage;
7. Generating reasonable revenues to cover City costs; and
8. Accommodating public transit and alternative modes of transportation.
C. Exemptions. The parking management district plan shall also include a formula or
procedure establishing the extent to which commercial, residential, and mixed-use
properties shall be exempted from the requirements of Chapter 21.40 (Off -Street
Parking).
D. Local Coastal Program Amendment Required. The creation of any future parking
management district plan as a PM Overlay District shall require an amendment to the
LCP approved by the Coastal Commission.
E. Coastal Development Permit Required. The parking management district plan
required by Section 21.28.030(A), or any successor section, shall not become effective
until the approval of a coastal development permit by the Commission. The coastal
development permit shall implement the required parking management district plan
implementation components contained in Section 21.28.030(6), or any successor
section, and as detailed for that overlay district in Section 21.28.030(F). Any change to
the parking management district plan shall only be approved in compliance with Section
21.54.070 (Changes to an Approved Coastal Development Permit), or any successor
section. These provisions do not amend, supersede or replace the conditions of any
previously issued coastal development permit and an amendment to said coastal
development permit from the permit issuing authority is required to implement any of
these new parking management district plan provisions.
F. Parking Management Overlay Districts and Plans Established. The parking
management districts identified in this section and depicted in the referenced map
exhibits adopted in Part 8 of Title 21 of the Code are established.
1. Balboa Village Parking Management Overlay District Plan (PM -1). Balboa
Village Parking Management Overlay District PM -1 applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and
Adams Street, as depicted in the map of PM -1 - Balboa Village Parking
Management Overlay District referenced in Section 21.80.035, or any successor
section.
a. Purpose. The purposes of the PM -1 are as follows:
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i. To protect the special community character of Balboa Village
and enhance the pedestrian -oriented, traditional storefront
character of Balboa Village by reducing requirements for new off-
street parking facilities and the need for driveway curb cuts, traffic
control devices and other parking -related improvements that are
disruptive to this environment or result in a loss of public on -street
parking.
ii. To establish parking programs to adequately serve the
parking needs for Balboa Village residents, visitors and businesses
and for recreational visitors to Balboa Pier and adjacent beaches
and parks.
iii. To modify the requirements of Chapter 21.40 (Off -Street
Parking), or any successor chapter, to optimize the use of existing
public and private parking spaces reflecting that Balboa Village has
a large supply of public parking that is underutilized during the
beach off-peak season.
iv. To provide improved parking information and signage.
V. To provide greater accommodation of public transit and
alternative modes of transportation.
b. Existing Municipal Parking Facilities. PM -1 includes the five (5)
public parking lots within the District: 1) A Street lot, 2) Washington Street
lot, 3) Palm Street lot, 4) Balboa Metered lot, and 5) Balboa Pier lot. In
addition, PM -1 includes public on -street parking spaces along Balboa
Boulevard, Palm Street, Adams Street, and Bay Avenue.
C. Planned Parking Facilities. Due to the high cost of land acquisition
and construction and the underutilization of existing parking in the off-peak
season, additional off-street parking facilities are not necessary to meet
the demand of existing uses; however, parking demand shall be monitored
and evaluated by the City every two years to determine whether additional
District parking is necessary, economical, appropriate, and desirable. The
City may acquire or lease parking facilities to make them available to the
public.
d. Implementation Components.
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i. Parking Supply. Sufficient public parking spaces shall be
provided to meet the parking demand generated by visitors to the
commercial district, Balboa Pier and adjacent beaches and parks.
The PM -1 shall maintain the availability of spaces in public parking
facilities, however, should the need arise, the City may modify, add,
or remove parking spaces to ensure safe and efficient operations
and to meet parking demand. Any change to the number of spaces
shall be processed through an amendment to the coastal
development permit.
ii. Required Off -Street Parking.
(A) Non-residential Uses. No off-street parking shall be
required for any new non-residential use or intensification of
an existing non-residential use, except for the following uses,
as defined by Chapter 21.70 (Definitions), or any successor
chapter: 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 21.40 (Off -
Street Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(B) Residential Uses. Residential uses, including
residential uses within a mixed-use structure, shall provide
parking in accordance with Chapters 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and Structures),
or any successor chapters.
(C) Preservation of Existing Off-street Parking. Existing
off-street parking spaces on a development site shall be
preserved unless the elimination of spaces is authorized by
the approval of a coastal development permit application.
(D) Shared Parking for Non-residential Uses.
Notwithstanding the requirement of Title 21 of this Code 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:
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(1) Required Off-street Parking. 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 associated with
an existing private parking lot which is not necessary
to satisfy off-street parking requirements for the
current use 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 coastal development permit application.
(4) Parking Reduction. The reduction of required
parking associated with a shared parking
arrangement shall be subject to the review and
approval of the Director when in compliance with the
following conditions:
(a) Shared parking spaces are within 1,250
feet as described in Section
21.28.030(F)(1)(d)(ii)(D)(1), or any successor
section.
(b) There is no significant overlap in the
hours of operation or peak parking demand of
the uses sharing the parking.
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(c) The use of the shared parking facility will
not create traffic hazards or impacts to
surrounding uses.
(d) The property owners involved in the
shared parking facilities provide a binding
agreement or other legal instrument assuring
the joint use of the parking facilities subject to
the satisfaction of the Director.
(e) The Director may require the
preparation and implementation of a parking
management program for the development site
to address potential parking conflicts.
(5) Section 21.40.110(A)(2) (Joint Use of Parking
Facilities), or any successor section, does not apply to
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 the
hours of availability for use by the general public, signage,
maintenance, duration of agreement, and liability. General
public parking fees at said private parking facilities shall
reflect municipal parking facility rates.
iii. Suspension of In -lieu Parking. Uses within the Balboa
Village Parking Management Overlay District shall not be eligible for
in -lieu parking pursuant to Section 21.40.130 (In -Lieu Parking Fee),
or any successor section. The requirement that existing uses within
the Balboa Village Parking Management Overlay District participate
13-15
Ordinance No. 2021 -
Page 9 of 13
in the in -lieu parking permit program shall be discontinued as of the
effective date of PM -1.
iv. Voluntary Employee Parking. The City shall operate a
voluntary Balboa Village Employee Permit Program that will include
reduced fees and designated parking locations (excluding beach
parking lots during peak summer months and peak use times) for
employee parking during specified hours. The City shall encourage
employers to provide incentives for transit ridership and other
transportation demand measures.
V. User Groups. PM -1 shall provide sufficient parking to meet
the needs for Balboa Village and visitors to Balboa Pier and
adjacent beaches and parks, while taking into consideration time
of use and seasonal demand variations. Parking shall be
convenient and easily accessible for all user groups.
vi. Parking Restrictions. Restrictions on time of use and duration
of parking shall be implemented to optimize use of both existing off-
street and on -street parking spaces.
vii. Wayfinding Program.
program to direct visitors to
transit, pedestrian and bic
destinations. The wayfinding
real-time availability data
applications.
PM -1 shall include a wayfinding
parking and bicycle facilities, public
ycle access routes and important
program may include the display of
by signage or by mobile phone
viii. Alternative Transportation. PM -1 shall accommodate and
encourage the use of alternative transportation, including, but not
limited to, the following:
(A) Non -motorized use of the Balboa Island Ferry;
(B) The Newport -Balboa Bike Trail;
(C) Bus parking in the Balboa Pier Main Lot;
(D) New or additional public bicycle racks at street ends
and other locations determined by the Public Works Director;
and
13-16
Ordinance No. 2021 -
Page 10 of 13
(E) The accommodation of the summer trolley/shuttle
service hours and stops and of ride -sharing services
including appropriate loading zones.
Section 4: Subsection (B) of Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of the NBMC is hereby amended to
add the definitions of "Balboa Island Ferry" and "Balboa Pier Main Lot" to read as follows,
with all other provisions of 21.70.020(6) remaining unchanged:
"Balboa Island Ferry" means the ferry service connecting Balboa Island with the Balboa
Peninsula.
"Balboa Pier Main Lot" means the public park lot adjacent to the Balboa Pier, located
between Adams Street and A Street.
Section 5: Subsection (N) of Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of the NBMC is hereby amended to
add the definition of "Newport -Balboa Bike Trail" to read as follows, with all other
provisions of 21.70.020(N) remaining unchanged:
"Newport -Balboa Bike Trail" means the system of bike lanes and paths from the Santa
Ana River to West Jetty Park and generally depicted on the Bikeways and Trails Map of
the Coastal Land Use Plan.
Section 6: The table of contents of Chapter 21.80 (Maps) of the NBMC is hereby
amended to include Section 21.80.035 (Parking Management Overlay District Maps) to
read as follows:
Chapter 21.80
MAPS
Sections:
21.80.010
Area Maps.
21.80.020
Bluff Overlay.
21.80.025
Canyon Overlay.
21.80.030
Height Limit Areas.
21.80.035
Parking Management Overlay District Maps.
13-17
Ordinance No. 2021 -
Page 11 of 13
21.80.040 Setback Maps.
21.80.055 Planned Community Site Plans.
21.80.065 Planned Community Land Use Maps.
Section 7: Section 21.80.035 (Parking Management Overlay District Maps) of
Chapter 21.80 (Maps) of the NBMC is hereby added to read as follows and include the
"PM -1 Balboa Village Parking Management Plan Overlay District" map attached hereto as
Attachment "B" with all other provisions of Chapter 21.80 remaining unchanged.
21.80.035 Parking Management Overlay District Maps.
PM -1 - Balboa Village Parking Management Overlay District
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: The LCP, including LCP Amendment No. LC2017-001, will be
carried out fully in conformity with the California Coastal Act of 1976 as set forth in the
California Public Resources Section 30000 et seq.
Section 10: The City Council hereby authorizes City staff to submit this ordinance
for a determination by the Executive Director of the Coastal Commission that this action
is legally adequate to satisfy the specific requirements of Coastal Commission's
September 9, 2020, action on LCP Amendment Request No. LCP-5-NPB-19-0016-1.
Section 11: This ordinance shall not become effective for thirty days and until the
Executive Director of the Coastal Commission certifies that this ordinance complies with
the Coastal Commission's September 9, 2020, action on LCP Amendment Request No.
LC P -5-N P B-19-0016-1.
Section 12: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
13-18
Ordinance No. 2021 -
Page 12 of 13
Section 13: The City Council finds the introduction and adoption of Local Coastal
Program Amendment No. LC2017-001 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, Division 6, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly. The
proposed action is also exempt pursuant to CEQA Guidelines Section 15065(a)(1), which
exempts local governments from the requirements of preparing an environmental impact
report or otherwise complying with CEQA in connection with the adoption of a Local
Coastal Program.
Section 14: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 15: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective as provided in Section 10 of this ordinance.
13-19
Ordinance No. 2021 -
Page 13 of 13
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of February 2020, and adopted on the 23rd day of
February, 2020, by the following vote, to -wit -
AYES:
104 FWAY, &I
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachments:
Exhibit A - Coastal Zone Map Amendment
Exhibit B - PM -1 Balboa Village Parking Management Plan Overlay District Map
13-20
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ATTACHMENT B
City Council
Ordinance No. 2014-20
13-23
ORDINANCE NO. 2014-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING CODE AMENDMENT NO. CA 2014-001 ADOPTING
THE BALBOA VILLAGE PARKING MANAGEMENT DISTRICT PLAN
AND ESTABLISHING THE BALBOA VILLAGE PARKING MANAGEMENT
OVERLAY DISTRICT (PA2014-016)
WHEREAS, Balboa Village was once a more vibrant commercial village serving both
visitors and residents. Revitalization of the area has been a long-standing goal of the City. In
2012, the City evaluated the area with an eye to establish policies and programs to spur
economic activity and better manage parking. The Balboa Village Master Plan was adopted
by the City Council in September 2012, on the recommendation of the City Council ad-hoc
Neighborhood Revitalization Committee and its Citizens Advisory Panel. The Balboa Village
Master Plan established a comprehensive parking strategy to better manage existing parking
resources before resorting to the construction of new parking;
WHEREAS, transportation consultants Walker Parking Consultants (2009) and
NelsonlNygaard 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 NelsonlNygaard Consulting Associates
(2013), the existing supply of public and private parking is adequate to serve the needs of
Balboa Village with the exception of large-scale uses that would bring large numbers of new
visitors to the area;
WHEREAS, the proposed Parking Management District Plan supports shared use of
parking facilities that, when implemented, will lead to a more efficient use of parking;
WHEREAS, the Balboa Village Advisory Committee (BVAC) held monthly public
meetings between December 2013, and January 2014, that provided a forum for public
participation where the implementation of the various parking strategies identified by the Balboa
Village Master Plan were discussed and refined;
13-24
Ordinance No. 2014-20
Page 2 of 7
WHEREAS, on September 18, 2014, after a noticed public hearing, the Planning
Commission received public comments and on an affirmative motion (4 ayes, 0 noes, 3 absent),
forwarded a recommendation to the City Council to adopt the Code Amendment No. 2014-001;
and
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Section 20.28.030 of the Newport Beach Municipal Code is hereby
amended to add the following subsection to read as follows:
20.28.030 D. Parking Management Overlay Districts established. The parking management
districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8
of this title.
1. Balboa Village Parking Management Overlay District applies to all property located within
Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and
depicted in Parking Management Overlay Map PM -1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay District is to
identify existing and planned parking facilities and establish parking programs to
adequately serve the parking needs for Balboa Village. Additionally, the District
establishes modified parking requirements for properties that differ from the basic
requirements of Chapter 20.40 (Off -Street Parking).
b. Existing Parking Facilities. The City maintains six public parking lots within or near the
District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5)
Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City provides and maintains a
small number of on -street parking spaces along Balboa Boulevard, Palm Street, and Bay
Avenue. The City intends to maintain public parking facilities; however, should the need
arise, the City may modify, add, or remove parking spaces to ensure safe and efficient
operations and meet parking demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and construction and
the underutilization of existing parking, additional off-street parking facilities are not
necessary to meet the demand of existing uses. Parking demand shall be monitored and
evaluated by the City to determine whether additional District parking is necessary,
economical, appropriate, and desirable. The City may acquire or lease parking facilities
to make them available to the public.
d. Required Off -Street Parking
Non-residential uses: No off-street parking shall be required for any new non-
residential use or intensification of uses except the following uses as defined by
the Zoning Code: Assembly/Meeting Facilities, Commercial Recreation and
Entertainment, Cultural Institutions, all Marine Services Uses, Schools, and
Visitor Accommodations. Uses that require off-street parking shall provide said
spaces in accordance with Chapters 20.40 (Off -Street Parking) and 20.38
(Nonconforming Uses and Structures).
13-25
Ordinance No. 2014-20
Page 3 of 7
ii. Residential uses: Residential uses shall provide parking in accordance with
Chapters 20.40 (Off -Street Parking) and 20.38 (Nonconforming Uses and
Structures).
iii. Existing off-street parking spaces shall be preserved unless the elimination of
spaces is authorized by the approval of a Site Development Review application
by the Zoning Administrator.
iv. Shared parking for non-residential uses. Notwithstanding the Zoning Code
requirement that off-street parking be reserved for the use it serves, the shared
use of parking is allowed and encouraged. Shared parking shall be subject to the
following requirements.
(A) Required off-street parking. When required, parking for non-residential uses
may be satisfied by leasing nearby parking spaces at off-site locations within
1,250 feet of the parcel it serves. Development on multiple parcels with
reciprocal access agreements is considered one site for parking purposes. If
the spaces are required or otherwise leased to other uses, the hours of
operation shall not significantly overlap. The distance between the parking
facility and the use it serves shall be measured along public walkways from
the closest portion of the parking facility to the main entrance of the use. The
leasing of off-site parking to satisfy required parking shall be maintained in
perpetuity when the use requires it and may only be discontinued if the use is
discontinued.
(B) Excess parking. Parking that is not necessary to satisfy off-street parking
requirements may be leased to other uses or made available to the general
public.
(C) Parking within Mixed-use Buildings. Parking for different uses within a new,
mixed-use building may be shared subject to the review and approval of a Site
Development Review application.
(D)The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director when
in compliance with the following conditions:
(1) Shared parking spaces are within 1,250 feet as described in Section
20.28.030.D.5.d.1;
(2) There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
(4) The property owners involved in the shared parking facilities provide a
binding agreement or other legal instrument assuring the joint use of the
parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a parking
management program to address potential parking conflicts.
13-26
Ordinance No. 2014-20
Page 4 of 7
(E) Section 20.40.100 (Off -Site Parking) and Section 20.40.11 O.B.2 (Joint Use of
Parking Facilities) do not apply within the Balboa Village Parking Management
Overlay District.
V. Private Parking Facilities Available to the General Public. Non-residential, off-
street parking facilities are encouraged to be made available to the general
public, even if the parking facility is required for existing developments. Subject to
City Council review and approval, the City may enter into an agreement with the
property owner for the use and/or management of the parking facility. Allowing
general public access to private off-street parking facilities shall not affect the
property's conformance with its required off-street parking. The agreement should
at a minimum address hours of availability for use by the general public, signage,
maintenance, duration of agreement, and liability.
e. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management
Overlay District shall not be eligible for in -lieu parking pursuant to Sections 12.44.125
and 20.40.130 of the Municipal Code. The requirement that existing uses within the
Balboa Village Parking Management Overlay District participate in the in -lieu parking
permit program shall be discontinued as of the effective date of the District.
f. Voluntary Employee Parking. The City will develop and implement a voluntary Balboa
Village Employee Permit Program that will include reduced fees and designated parking
locations for employee parking during specified hours.
Section 2: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the
zoning district designation of all properties within Balboa Village to add the "PM" overlay zoning
district symbol as depicted in Exhibit "A."
Section 3: Add Section 20.80.035 Parking Management Overlay District Maps to add
map "PM -1" as attached in Exhibit "B."
Section 4: The Balboa Village Parking Management District Plan is hereby approved.
Section 5: the adoption of Code Amendment No. CA2014-001 approving the Balboa
Village Parking Management District Plan and creating the Balboa Village Parking Management
Overlay District is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New
Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment. The amendment itself does not authorize development that would directly result in
physical change to the environment. The amendment could indirectly lead to changes in use
within existing buildings or minor additions to existing buildings. These changes would be
subject to existing zoning regulations that limit the size and use consistent with the General
Pian. These changes would be subject to existing zoning regulations that limit the size and use
consistent with the General Plan. These changes are also subject to CEQA review on a project -
by -project basis any potential indirect physical change resulting from this amendment would be
within the scope of development currently allowed, and limited, by the Zoning Code and General
Plan.
13-27
Ordinance No. 2014-20
Page 5 of 7
Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in
the official newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 25th day of November, 2014, and adopted on the 13th day of
January, 2015, by the following vote, to -wit:
Peotter, Petros, Curry, Duffield, Muldoon
AYES, COUNCILMEMBERS Dixon, Mayor selich
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
ituLL
EDWARD D. SELICH,
MAYOR
ATTEST:
LEILANI I. BROWN,
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
1"�
AARON C. HARP, CITY ATTORNEY
`roRr'!
13-28
Ordinance No. 2014-20
Page 6 of 7
Exhibit "A"
Section 20.14.010 (Zoning Map Adopted by Reference) amended to change the zoning district
designation of all properties within Balboa Village to add the "PM" overlay zoning district symbol
to the existing zoning district designation.
ti
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13-29
Ordinance No. 2014-20
Page 7 of 7
Exhibit "B"
Parking Management Overlay District Map PM -1
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13-30
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2014-20 was duly and regularly introduced on the 25th day of November, 2014, and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of
January 2015, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of January, 2015.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
r� FOIR
cA
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2014-20 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
2015.
Introduced Ordinance: December 3, 2014
Adopted Ordinance: January 17, 2015
In witness whereof, I have hereunto subscribed my name this IIth day of Mk"
",�i �r�
City Clerk
City of Newport Beach, California
(Seal)
13-31
ATTACHMENT C
City Council
Resolution No. 2019-37
13-32
RESOLUTION NO. 2019-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2017-001, ADDING THE BALBOA
VILLAGE PARKING MANAGEMENT PLAN OVERLAY
TO THE CERTIFIED LOCAL COASTAL PROGRAM, TO
THE CALIFORNIA COASTAL COMMISSION (PA2017-
046)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, the California Coastal Commission ("Coastal Commission") approved
the City of Newport Beach ("City") LCP Implementation Plan with suggested
modifications;
WHEREAS, on November 22, 2016, the City Council of the City adopted
Ordinance No. 2016-19, which adopted the LCP Implementation Plan with the Coastal
Commission's suggested modifications;
WHEREAS, the California Coastal Commission certified the City's LCP on January
13, 2017, and the City assumed coastal development permit -issuing authority on January
30, 2017;
WHEREAS, one of the suggested modifications deleted from the LCP
Implementation Plan was the Balboa Village Parking Management Overlay District;
WHEREAS, LCP Amendment No. LC2017-001 is necessary to incorporate the
Balboa Village Parking Management Overlay District into the City's certified LCP to
establish consistency with the City's Zoning Code;
WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on February 21, 2019, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with Newport Beach Municipal Code ("NBMC").
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing;
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 2019-006 by a vote of 4 ayes, 0 nays, 3 abstent, recommending City Council approval
of LCP Amendment No. LC2017-001 to the City Council;
13-33
Resolution No. 2019-37
Page 2 of 10
WHEREAS, a public hearing was held by the City Council on April 9, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the NBMC
and Section 13515 of the California Code of Regulations. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing; and
WHEREAS, pursuant to Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5,
Section 13515 of the California Code of Regulations, review drafts of LCP Amendment
No. LC2017-001 were made available and a notice of the availability was distributed a
minimum of six weeks prior the City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2017-001 to the California Coastal Commission for review and
approval, as attached in Exhibit A, and incorporated herein by reference.
Section 2: LCP Amendment No. LC2017-001 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council of the City of Newport Beach.
Section 3: The certified LCP, including the proposed amendment, will be carried
out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
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 resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
13-34
Resolution No. 2019-37
Page 3 of 10
Section 6: Pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily
exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of
Regulations, Title 14, Division 6, Chapter 3 of the Coastal Act. Section 15265(a)(1)
exempts local governments from the requirements of preparing an environmental impact
report or otherwise complying with CEQA in connection with the adoption of a Local
Coastal Program.
. Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of April, 2019.
ATTEST:
ani .Brown
ity C erk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Rc
Aaron C. Harp
City Attorney
Diane B. Dixon
Mayor
Attachment: Exhibit A - LCP Amendment No. LC2017-001
13-35
Resolution No. 2019-37
Page 4 of 10
EXHIBIT "A"
1. Repeal and replace NBMC Section 21.28.030(A) to read as follows:
A. Parking Management District Plan Required. Each Parking Management (PM)
Overlay District shall have a parking management district plan reviewed by the
Commission and approved by the Council.
2. Amend NBMC Section 21.28.030 to add Section 21.28.030(E) to read as follows,
with all other provisions of Section 21.28.030 remaining unchanged:
E. Parking Management Overlay Districts Established. The parking management
district identified in this section and depicted in the referenced maps exhibits
adopted in Part 8 of Title 21 of the Municipal Code are established.
1. Balboa Village (PM -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, as depicted in the
map of PM -1 - Balboa Village Parking Management Overlay District
referenced in Section 21.80.035, or any successor section.
a. Purpose. The purposes of the Balboa Village Parking Management
Overlay District are as follows:
To protect and enhance the pedestrian -oriented, traditional
storefront character of Balboa Village by reducing
requirements for new off-street parking facilities and the need
for driveway curb cuts, traffic control devices and other
parking -related improvements that are disruptive to this
environment.
ii. To establish parking programs to adequately serve the
parking needs for Balboa Village and visitors to Balboa Pier
and adjacent beaches and parks.
iii. To modify the requirements of Chapter 21.40 (Off -Street
Parking), or any successor chapter, to reflect that Balboa
Village has a large supply of parking that is underutilized,
except during the busiest summer weekends.
13-36
Resolution No. 2019-37
Page 5 of 10
b. Coastal Development Permit Required. The parking management
district plan required by Section 21.28.030(A), or any successor
section, shall not become effective until the approval of a coastal
development permit by the City Council. The coastal development
permit shall implement the required parking management district
plan components contained in Section 21.28.030(E)(1)(c), or any
successor section. Any change to the parking management district
plan shall only be approved in compliance with Section 21.54.070
(Changes to an Approved Coastal Development Permit), or any
successor section.
C. Parking Management District Plan. The Balboa Village Parking
Management District Plan ("BVPMDP") shall include the following
components:
Existing Parking Facilities. The BVPMDP shall provide
sufficient public parking spaces to meet the parking demand
generated by visitors to the commercial district, Balboa Pier
and adjacent beaches and parks. The BVPMDP shall include
the six (6) 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 BVPMDP shall include a small number of on -
street parking spaces along Balboa Boulevard, Palm Street,
and Bay Avenue. The BVPMDP shall maintain the bulk of
spaces in these public parking facilities; however, should the
need arise, the City may modify, add, or remove parking
spaces to ensure safe and efficient operations and to meet
parking demand.
ii. 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.
13-37
Resolution No. 2019-37
Page 6 of 10
iii. Required Off -Street Parking.
(A) Non-residential Uses. No off-street parking shall be
required for any new non-residential use or
intensification of an existing non-residential use,
except for the following uses, as defined by Chapter
21.70 (Definitions), or any successor chapter:
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 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(B) Residential Uses. Residential uses shall provide
parking in accordance with Chapters 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(C) Preservation of Existing Off-street Parking. Existing
off-street parking spaces on a development site shall
be preserved unless the elimination of spaces is
authorized by the approval of a coastal development
permit application.
(D) Shared Parking for Non-residential Uses.
Notwithstanding the requirement of Title 21 of this
Code 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
13-38
Resolution No. 2019-37
Page 7 of 10
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 coastal development permit
application.
(4) Parking Reduction. The reduction of required
parking associated with a shared parking
arrangement shall be subject to the review and
approval of the Director when in compliance
with the following conditions:
(a) Shared parking spaces are within 1,250
feet as described in Section
21.28.030(E)(1)(c)(iii)(D)(1), or any
successor section.
(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.
13-39
Resolution No. 2019-37
Page 8 of 10
(d) The property owners involved in the
shared parking facilities provide a binding
agreement or other legal instrument
assuring the joint use of the parking
facilities subject to the satisfaction of the
Director.
(e) The Director may require the preparation
and implementation of a parking
management program for the
development site to address potential
parking conflicts.
(5) Section 21.40.110(A)(2) (Joint Use of Parking
Facilities), or any successor section, does not
apply to 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 the hours of availability for use by the general
public, signage, maintenance, duration of agreement,
and liability.
iv. Suspension of In -lieu Parking. Uses within the Balboa
Village Parking Management Overlay District shall not be
eligible for in -lieu parking pursuant to Section 21.40.130 (In -
Lieu Parking Fee), or any successor section. The requirement
that existing uses within the Balboa Village Parking
Management Overlay District participate in the in -lieu parking
permit program shall be discontinued as of the effective date
of the BVPMDP.
13-40
Resolution No. 2019-37
Page 9 of 10
V. Voluntary Employee Parking. The BVPMDP shall include a
voluntary Balboa Village Employee Permit Program that will
include reduced fees and designated parking locations for
employee parking during specified hours.
vi. User Groups. The BVPMDP shall provide sufficient parking
to meet the needs for Balboa Village and visitors to Balboa
Pier and adjacent beaches and parks, while taking into
consideration time of use and seasonal demand variations.
Parking shall be convenient and easily accessible for all user
groups.
vii. Parking Restrictions. Restrictions on time of use and
duration of parking shall be implemented to optimize use of
existing parking spaces. Such restrictions may include
variable pricing as a means to meet target occupancy levels,
generate an appropriate level of turnover and encourage the
use of alternative transportation.
viii. Wayfinding Program. The BVPMDP shall include a
wayfinding program to direct visitors to parking facilities,
pedestrian and bicycle access routes and important
destinations. The wayfinding program may include the display
of real-time availability data information by signage or by
mobile phone applications.
A. Alternative Transportation. The BVPMDP shall
accommodate and encourage the use of alternative
transportation, including, but not limited to, the following:
(A) Non -motorized use of the Balboa Island Ferry;
(B) The Newport -Balboa Bike Trail;
(C) Bus parking in the Balboa Pier Main Lot;
(D) Public bicycle racks at street ends and other locations
determined by the Public Works Director; and
(E) The accommodation of trolley/shuttle and ride -sharing
services.
13-41
Resolution No. 2019-37
Page 10 of 10
3. Amend NBMC Section 21.70.020(B) to add a definition for "Balboa Island Ferry" to read
as follows, with all other provisions of 21.70.020(B) remaining unchanged:
"Balboa Island Ferry" means the ferry service connecting Balboa Island with the Balboa
Peninsula.
4. Amend NBMC Section 21.70.020(B) to add a definition for "Balboa Pier Main Lot" to read
as follows, with all other provisions of 21.70.020(8) remaining unchanged:
"Balboa Pier Main Lot" means the public park lot adjacent to the Balboa Pier, located
between Adams Street and A Street.
5. Amend NBMC Section 21.70.020(N) to add a definition for "Newport -Balboa Bike Trail'
to read as follows, with all other provisions of 21.70.020(N) remaining unchanged:
"Newport -Balboa Bike Trail" means the system of bike lanes and paths from the Santa Ana
River to West Jetty Park and generally depicted on the Bikeways and Trails Map of the
Coastal Land Use Plan.
6. Amend NBMC Chapter 21.80 to add Section 21.80.035 to read as follows and include
the "PM -1 Balboa Village Parking Management Plan Overlay District" map as shown
as Exhibit 1.2, with all other provisions of Chapter 21.80 remaining unchanged:
21.80.035 - Parking Management Overlay District Maps.
PM -1 - Balboa Village Parking Management Overlay District
7. Amend the Coastal Zoning Map found in NBMC Section 21.14.010 to include the
"PM -1" overlay district symbol to Balboa Village area as shown as Exhibit 1. 1, with
all other provisions of the Coastal Zoning Map remaining unchanged.
13-42
4_V---NR
`PM-1 Balboa Village Parking Management Plan Overlay District DRAFT e
aur'° 2 1
ame: PM -1 Balboa Village / Fahruary 9(117
13-44
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-37 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 9th day of April, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem
Will O'Neill, Mayor Diane Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of April, 2019.
�2,4
Leil I. Br n
Cit Jerk
Newport Beach, California
c\�Fo�Ni
13-45
ATTACHMENT D
Coastal Commission
Approval and
Suggested
Modifications
13-45
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CA 90802
(562)590-5071
GAVIN NEWSOM, GOVERNOR
Septembe�;��'2¢
volv�r�ulunY
DEVELOPMENI'
Jim Campbell, Deputy Community Development Director SEP �9, 120
City of Newport Beach
100 Civic Center Drive
First Floor, Bay B 01TY OF
Newport Beach CA 92660,y�WPoaT p��,Z;,
Re: City of Newport Beach LCP Amendment Request No. LCP-5-NPB-19-0016-1 (1-19)
Dear Mr. Campbell:
You are hereby notified that the California Coastal Commission, at its September 9,
2020 meeting, approved City of Newport Beach Local Coastal Program (LCP)
Amendment No. LCP-5-NPB-19-0016-1 with suggested modifications. The amendment
to the Implementation Plan (IP) portion of the Newport Beach certified LCP will amend
IP Section 21.28.030 Parking Management (PM) Overlay District.
The LCP amendment will be fully effective once:
1. The City of Newport Beach City Council adopts the Commission's suggested
modifications,
2. The City of Newport Beach City Council forwards the adopted suggested
modifications to the Commission by Resolution, and,
3. The Executive Director certifies that the City has complied with the Commission's
September 9, 2020 action.
The Coastal Act requires that the City's adoption of the suggested modifications be
completed within six (6) months of the Commission's action. Pursuant to the
Commission's action on September 9, 2020, certification of LCP Amendment No. LCP-
5-NPB-19-0016-1 is subject to the attached Suggested Modifications (Attachment "A").
Thank you for your cooperation and we look forward to working with you and your staff
in the future. If you have any questions regarding the modifications required for effective
certification of this LCP amendment, please contact Liliana Roman at our Long Beach
office (562) 590-5071.
Sincerely,
Liliana Roman
Coastal Program Analyst
Page 1 of 10
13-46
Attachment "A"
Suggested
Modifications
13-47
Suggested Modification #1 — Modification to proposed language changes to IP
Section 21.28.030 (A) Parking Management District Plan Required
21.28.030 Parking Management (PM) Overlay District.
A. Parking Management District Plan Required. Roforo approving a Coastal Zoning
Map amendFneRt reGlaSSifying land to a PM Overlay DiStFiGt, the Commission and
GeunGil shall approve a parking management distriGt plan—.E=wA Every Coastal
Zoning Map LCP amendment reclassifying land to create a new Parking
Management (PM) Overlay District shall have a parking management plan
reviewed by the Commission and approved by the Council.
Suggested Modification #2 — Modifications to proposed language changes to IP
Section 21.28.030 (D) Local Coastal Program Amendment Required
D. Local Coastal Program Amendment Required. The creation of
any future parking management district plans as a PM Overlay District shall require
an amendment to the Local Coastal Program approved by the Coastal
Commission.
Suggested Modification #3 — Addition of a new IP Section 21.28.030(E) requiring a
CDP for any new parking management district plan
E. Coastal Development Permit Required. The narking management district plan
required by Section 21.28.030(A), or any successor section, shall not
become effective until the approval of a coastal development permit by the
Commission. The coastal development permit shall implement the required
parking management district plan implementation components contained
in Section 21.28.030(B), or any successor section, and detailed for that
overlay district in Section 21.28.030(F). Any change to the aarkina
management district
-plan shall only be approved in compliance with
Section 21.54.070 (Changes to an Approved Coastal Development Permit),
or any successor section. These provisions do not amend. supersede or
replace the conditions of any previously issued coastal development permit
and an amendment to said coastal development _permit from the permit
issuing authority is required to implement any of these new parking
management district plan provisions.
Suggested Modification #4 — Modifications to proposed new IP Section 21.28.030
(F) — Parking Management Overlay Districts Established.
_ F. Parking Management Overlay Districts and Plans Established. The parking
management districts identified in this section and depicted in the referenced map
exhibits adopted in Part 8 of Title 21 of the Municipal Code are established.
13-48
1. Balboa Village Parking Management Overlay District Plan (PM -1).
Balboa Village Parking Management Overlay District PM -1 applies to all property
located within Balboa Village between the Pacific Ocean, A Street, Newport Bay,
and Adams Street, as depicted in the map of PM -1 - Balboa Village Parking
Management Overlay District referenced in Section 21.80.035, or any
successor section.
a. Purpose. The purposes of thenno
PM -1 are as follows:
i. To protect the special community character of Balboa Village
and enhance the pedestrian -oriented, traditional storefront
character of Balboa Village by reducing requirements for new off-
street parking facilities and the need for driveway curb cuts, traffic
control devices and other parking -related improvements that are
disruptive to this environment or result in a loss of public on -
street parking.
ii. To establish parking programs to adequately serve the parking
needs for Balboa Village residents. visitors and businesses and
for recreational visitors to Balboa Pier and adjacent beaches and
parks.
iii. To modify the requirements of Chapter 21.40 (Off -Street Parking),
or any successor chapter, to optimize the use of existing public
and private parking spaces reflecting that Balboa Village has a
large supply of public parking that is underutilized,
durina the beach off-peak season.
iv. To provide improved parking information and signage.
v. To provide greater accommodation of public transit and
alternative modes of transportation.
13-49
b. Existing Municipal Parking Facilities. PM -1 includes the five (5)
public parking lots within the District: 1) A Street lot, 2)
Washington Street lot. 3) Palm Street lot, 4) Balboa Metered
lot, and 5) Balboa Pier lot. In addition. PM -1 includes
on- street parking spaces along Balboa Boulevard. Palm
Street, Adams Street. and Bay Avenue.
c. Planned Parking Facilities. Due to the high cost of land
acquisition and construction and the underutilization of
existing parking in the off-peak season, additional off-street
parking facilities are not necessary to meet the demand of
existing uses: however, parking demand shall be monitored
and evaluated by the City every two years to determine
whether additional District parking is necessary, economical.
appropriate, and desirable. The City may acquire or lease
parking facilities to make them available to the public.
d orl-:nn.,g,,.,^^n* '^* Pion Implementation
Components.
i. :Tsai ;g —P: ' F^^wtie&=. Parking Supply.
Ssufficient public parking spaces
shall be provided to meet the parking demand generated by
visitors to the commercial district, Balboa Pier and adjacent
beaches and parks. Tha PNIPUMP ^"^"
Ave4u4a--.The "QPM -1 shall maintain the availability
tk=of spaces in the&e public parking facilities; however,
should the need arise, the City may modify, add, or remove
parking spaces to ensure safe and efficient operations and
to meet parking demand. Any change to the number of
spaces shall be processed through an amendment to
the coastal development permit.
13-50
4k ii. Required Off -Street Parking.
(A) Non-residential Uses. No off-street parking shall be
required for any new non-residential use or
intensification of an existina non-residential use.
except for the following uses, as defined by Chapter
21.70 (Definitions), or any successor chapter:
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 21.40 (Off -Street Parking) and 21.38
(Nonconforming Uses and Structures), or any
successor chapters.
(B) Residential Uses. Residential uses, includina
residential uses within a mixed-use structure.
shall provide parking in accordance with Chapters
21.40 (Off -Street Parking) and 21.38 (Nonconforming
Uses and Structures), or any successor chapters.
(C) Preservation of Existing Off-street Parking.
Existing off-street parking spaces on a development
site shall be preserved unless the elimination of
spaces is authorized by the approval of a coastal
development permit application.
(D) Shared Parking for Non-residential Uses.
Notwithstanding the requirement of Title 21 of this
Code that off-street parking be reserved for the use
it serves, the shared use of parking is allowed and
13-51
encouraaed. Shared barkina shall be subiect to the
following requirements:
(1) Required Off-street Parking. Wheo
€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 associated
with an existing private parking lot which
is not necessary to satisfy off-street parking
requirements for the current use 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 coastal development permit
application.
(4) Parking Reduction. The reduction of
required parking associated with a shared
parking arrangement shall be subject to the
review and approval of the Director when in
compliance with the following conditions:
(a) Shared parking spaces are within
1.250 feet as described in Section
13-52
21.28.030(E)(1)(d€)(iit)(D)(1), or any
successor section.
(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
surroundina uses.
(d) The property owners involved in the
shared parking facilities provide a
binding agreement or other legal
instrument assuring the joint use of the
parking facilities subject to the
satisfaction of the Director.
(e) The Director may require the
preparation and implementation of a
parking management program for the
development site to address potential
parking conflicts.
(5) Section 21.40.110(A)(2) (Joint Use of Parking
Facilities), or any successor section, does not
apply to 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 the hours of availability for use
by the general public, signage, maintenance, duration
of agreement, and liability. General public parking
fees at said private parking facilities shall reflect
municipal parking facility rates.
13-53
iviii. Suspension of In -lieu Parking. Uses within the
Balboa Village Parking Management Overlay District
shall not be eligible for in -lieu parking pursuant to
Section 21.40.130 (In -Lieu Parking Fee), or any
successor section. The requirement that existing use
within the Balboa Village Parking Management
Overlay District participate in the in -lieu parking permit
program shall be discontinued as of the effective date
Of +h„ PIWnno PM -1.
iv. Voluntary Emolovee Parkina. The Citv shall
operate a voluntary
Balboa Village Employee Permit Program that will
include reduced fees and designated parking
locations excluding beach parking lots during
peak summer months and peak use times) for
employee parking during specified hours. The Citv
shall encourage employers to provide incentives
for transit ridership and other transportation
demand measures.
v. User Groups. The Q�ionnn� PM -1 shall provide
sufficient parking to meet the needs for Balboa
Village and visitors to Balboa Pier and adjacent
beaches and parks, while taking into consideration
time of use and seasonal demand variations.
Parking shall be convenient and easily accessible for
all user groups.
YL Parking Restrictions. Restrictions on time of use and
duration of parking shall be implemented to optimize
use of both existing off-street and on -street parking
spaces.
vii. Wayfinding Program. The BVQN no PM -1 shall
include a wavfinding program to direct visitors to
parking and bicycle facilities, public transit,
pedestrian and bicycle access routes and important
destinations. The wavfinding program may include the
13-54
displaV of real-time availability data fnfpflNp#qp by
signage or by mobile phone applications.
ix. Alternative Transportation. The QNionnnP PM -1
shall accommodate and encourage the use of
alternative transportation, including, but not limited to,
the following:
(A) Non -motorized use of the Balboa Island Ferry;
(B) The Newport -Balboa Bike Trail;
(C) Bus parking in the Balboa Pier Main Lot;
(D) New or additional public bicycle racks at street
ends and other locations determined bV the Public
Works Director: and
(E) The accommodation of the summer
trolley/shuttle service hours and stops and of ride -
sharing services including appropriate loading
zones.
13-55
ATTACHMENT E
Balboa Village Parking
Management Overlay
District Map
13-56
BAS ABIVDE
City of
Costa Mesa
City of Irvine
n
G
Pee
"Fie
Pacific Ocean
City of
Laguna Beach
04 �,ywao4 G
�®� PM -1 Balboa Village Parking Management Plan Overlay District DRAFT e
Name: PMA—Balboa—Village / February 2017 13-57