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HomeMy WebLinkAbout13 - Amending the LCP Implementation Plan to Include Balboa Village Parking Management Overlay DistrictP0 @ CITY OF i NEWPORT BEACH City Council Staff Report April 9, 2019 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: Patrick J. Alford, Planning Program Manager PHONE: 949-644-3235, PAlford@newportbeachca.gov TITLE: Resolution No. 2019-37: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District (PA2017-046) ABSTRACT: In January 2015 the City Council adopted Ordinance No. 2014-20 establishing the Balboa Village Parking Management Overlay District Plan (Overlay District) modifying required off-street parking requirements within Balboa Village area. The overlay and municipal code amendment were made to Title 20 - Planning and Zoning of the City's municipal code but never placed into Title 21 - Local Coastal Program Implementation Plan of the municipal code. At the time the City did not have a certified Local Coastal Program (LCP). This agenda item will request City Council consider authorizing staff to amend Title 21 by submitting an LCP Amendment (Amendment) to the California Coastal Commission (Coastal Commission) for their consideration. If the Coastal Commission approves the Amendment, staff will return with a future agenda item for City Council to consider incorporating the Amendment into Title 21. 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 c) Adopt 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). 13-1 Resolution No. 2019-37: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District (PA2017-046) April 9, 2019 Page 2 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, which established the Balboa Village Overlay District in Title 20 (NBMC Section 20.28.030(D)(1)). Staff inserted the new code language into the City's draft LCP, as part of the submittal package in receiving a certified Local Coastal Program, and submitted it to the Coastal Commission. On September 8, 2016, the Coastal Commission approved the City's LCP but deleted the Overlay District. The Coastal Commission determined there was not sufficient information or time to adopt a parking management plan as part of the LCP. However, the Coastal Commission indicated that the City could provide all the necessary information to establish the Overlay District in Balboa Village through a future LCP Amendment. The proposed Amendment addresses the Coastal Commission's issues that prompted the removal of the Overlay District from the certified LCP. The Overlav District The proposed amendment would incorporate the basic components of the Overlay District that are in the Zoning Code into the certified LCP Implementation Plan. The Overlay District affects properties within Balboa Village between Adams Street and A Street and modifies off-street parking requirements as follows: Eliminates Required, Off-street Parking for Most Commercial Uses. The Overlay District 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 Facilities Conference/convention facilities, meeting halls, places of worship, and yacht clubs Commercial Recreation and Entertainment Arcades, amusement parks, billiard parlors/pool halls, cinemas, and theaters Cultural Institutions Museums and libraries Marine Services Uses Boat yards, entertainment/excursions, and marine service stations Residential Uses Sin le/Two/Multi-family dwelling units and mixed-use. Schools Art/Dance/music, business/vocational, and professional Visitor Accommodations Bed and breakfast inns, hotels, motels, and time shares. 13-2 Resolution No. 2019-37: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District (PA2017-046) April 9, 2019 Page 3 These uses are required to provide off-street parking consistent with the Zoning Code or they could seek relief through a Conditional Use Permit (CUP) and a Coastal Development Permit (CDP) for a parking reduction or an off-site parking agreement. 2. Maintains Existing Off -Street Parking Facilities. The Overlay District requires the retention of existing parking spaces, unless approved through a CDP. The review process would evaluate whether the subject parking represents a significant reduction in the overall parking supply of Balboa Village to ensure that parking conflicts are avoided and public access is provided. 3. Allows Shared Use of Parking Facilities. There are approximately 120 off-street parking spaces that are dedicated to tenant or customer parking within the proposed district. Making these spaces available for public use when they are not needed by the business is a more efficient utilization of these existing parking resources. The Overlay District would encourage the City to acquire or lease these private parking spaces from willing property owners to address issues of liability and maintenance. 4. 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. Given the recommendation to eliminate required parking for most commercial uses, the Overlay District eliminates the possibility for in -lieu parking fees. New LCP Provisions The proposed Amendment modifies the Overlay District to address issues that prompted the Coastal Commission to remove the Overlay District from the certified LCP. These issues included more details on parking spaces, user groups, parking studies, signage and alternative transportation. 1. Implemented by CDP. The Zoning Code requires the approval of a parking management district plan by the City Council prior to the establishment of a Parking Management (PM) Overlay District. The City Council approved the Balboa Village Parking Management District Plan (BVPMDP) when the PM -1 Overlay District was adopted in 2015. The proposed amendment will require that the BVPMDP be implemented through a CDP approved by the City Council. The CDP will allow greater detail and flexibility in implementing the components of the BVPMDP. This will be particularly useful in implementing programmatic components of the plan, such as bus and shuttle service, parking restrictions and signage. Adjustments can be made as needed without the need for an LCP amendment, provided they continue to be consistent with the certified LCP. 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. 13-3 Resolution No. 2019-37: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District (PA2017-046) April 9, 2019 Page 4 2. Village Character Protection. 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. New off-street parking facilities, driveway curb cuts, traffic control devices and other parking -related improvements can be disruptive to the character of Balboa Village. 3. Identification of User Groups. The proposed amendment will require that the Overlay District provide sufficient parking to meet the needs for Balboa Village and coastal zone visitors. 4. Parking Restrictions. The proposed amendment will allow parking restrictions (i.e., time of use, duration, pricing, etc.) to optimize use of existing parking spaces. 5. Wayfinding Program. The proposed amendment requires a wayfinding program to direct visitors to parking facilities, pedestrian and bicycle access routes and important destinations. Presently, an enhanced wayfinding sign program is being developed under the guidance of the Balboa Village Advisory Committee and staff in furtherance of the Balboa Village Master Plan. 6. Alternative Transportation. The proposed amendment encourages the use of alternative transportation, such as the Balboa Island Ferry, bicycles, buses and the Balboa Peninsula Trolley. Post Planning Commission Revisions On February 21, 2019, the Planning Commission reviewed and approved the item. After the Planning Commission hearing, the City Attorney recommended a few minor revisions to the proposed language of the amendment. These revisions provide clarification to the Alternative Transportation component and to references to the Coastal Zoning Map and the Balboa Village Parking Management Plan Overlay District map. These revisions do not change the substance of the amendment and are incorporated into the Draft Resolution (Attachment A). 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. 13-4 Resolution No. 2019-37: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District (PA2017-046) April 9, 2019 Page 5 NOTICING: In accordance with applicable provisions of the Coastal Act and California Code of Regulations Section 13515, a notice of the proposed amendment was sent to all persons and agencies on the Notice of the Availability mailing list on January 16, 2019. A draft of the proposed amendment is available for public review and inspection at the Community Development Department (Bay B-1 st Floor) at 100 Civic Center Drive, Newport Beach, CA 92660, all branches of the Newport Beach Public Library and on the City website. Notice of this hearing was published in the Daily Pilot, 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) at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website; copies of the notice were posted at six locations within the Balboa Village Commercial District; and the notice was sent to all persons and agencies on the Notice of Availability mailing list. ATTACHMENTS: Attachment A — Resolution No. 2019-37 Attachment B — Planning Commission Resolution No. PC2019-006 Attachment C — February 21, 2019 Planning Commission Meeting Minutes 13-5 ATTACHMENT A 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 abstentions, recommending City Council approval of LCP Amendment No. LC2017-001 to the City Council; 13-6 Resolution No. 2019 - 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. 13-7 Resolution No. 2019 - 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. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Q� Aaron C. Harp City Attorney Attachment: Exhibit A - LCP Amendment No. LC2017-001 13-8 Resolution No. 2019 - 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: i. 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. 13-9 Resolution No. 2019 - 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. 13-10 Resolution No. 2019 - 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 13-11 Resolution No. 2019 - 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. 13-12 Resolution No. 2019 - 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. 13-13 Resolution No. 2019 - 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. xi. 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. 13-14 Resolution No. 2019 - 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(8) 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(B) 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. 13-15 Jh 2 City of Casts Mesa - City of Irvine v.. aC fig Paclllc Ocean OCO P City of C .` apuna Beech I= �P. ao 10�Ky 0'b o� t wlylt 6 PM -1 Balboa Village Parking Management Plan Overlay District DRAFT DC M x 2 FU N PW—Balboa—Village ! February 2017 13-17 Attachment B Planning Commission Resolution No. PC2019-006 13-18 RESOLUTION NO. PC2019-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZE 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) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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; 2. The California Coastal Commission ("Coastal Commission") approved the City of Newport Beach ("City") LCP Implementation Plan with Suggested Modifications; 3. 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; 4. The California Coastal Commission certified the City's LCP on January 13, 2017; 5. One of the Suggested Modifications deleted LCP Implementation Plan Section 21.28.030(D), which included the Balboa Village Parking Management Overlay District; 6. 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; 7. 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 the Planning Commission public hearing; and 8. A public hearing was held on February 21, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code 13-19 Planning Commission Resolution No. PC2019-006 Page 2 of 7 ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends that the City Council of the City of Newport Beach authorize the submittal of Local Coastal Program Amendment No. LC2017-001 to the California Coastal Commission for its review and certification; 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 and 3. The City's certified LCP, including this amendment, shall be implemented in a manner fully in conformity with the California Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 21St DAY OF FEBRUARY,2019. AYES: Ellmore, Koetting, Lowrey and Weigand NOES: None ABSTAIN: Kleiman, Kramer and Zak ABSENT: None BY: �4AJ- Lee c n, CA4fl e K 13-20 Planning Commission Resolution No. PC2019-006 Paqe 3 of 7 EXHIBIT "A" Repeal and replace NBMC Section 21.28.030(A) to read as follows: A. Parking Management District Plan Required. Each 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 districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8 of this Implementation Plan. 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 and depicted in Parking Management Overlay Map PM -1. 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. 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 Chapter 21.40 (Off -Street Parking) requirements to reflect that Balboa Village has a large supply of parking that is underutilized for all but the busiest summer weekends. b. Coastal Development Permit Required. The parking management district plan required by subsection (A) of this 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 subsection (E)(1)(c) of this subsection. 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). 13-21 C. Planning Commission Resolution No. PC2019-006 Paae 4 of 7 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 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 BVPMDP shall include the relatively 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 meet parking demand. 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. 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 the following uses, as defined by Chapter 21.70 (Definitions): 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). (B) Residential Uses. Residential uses shall provide parking in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). (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. 13-22 Planning Commission Resolution No. PC2019-006 Page 5 of 7 (D) Shared Parking for Non-residential Uses. Notwithstanding the Implementation Plan 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 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.5.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. 13-23 Planning Commission Resolution No. PC2019-006 Paae 6 of 7 (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) does 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. 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). 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. 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 BVPDMP shall provide sufficient parking to meet the needs for Balboa Village and visitors to Balboa Pier and adjacent beaches and parks, 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 implemented to optimize use of existing parking spaces. Such restrictions may include variable pricing as a means 13-24 Planning Commission Resolution No. PC2019-006 Paae 7 of 7 to meet target occupancy levels, generate an appropriate level of turnover and encourage the use of alternative transportation. viii. Wayfinding Program. The BVPDMP shall include a wayfinding program to direct visitors to parking facilities, pedestrian and bicycle access routes and important destinations. The wayfinding program may include display real-time availability data information by signage or mobile phone applications. A. Alternative Transportation. The BVPDMP shall accommodate and encourage use 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) Maintaining bus parking in the Balboa Pier Main Lot. (D) Maintaining public bicycle racks at street ends and other convenient locations. (E) Accommodating trolley/shuttle and ride -sharing services. 3. Amend NBMC Chapter 21.80 to add Section 21.80.035 to read as follows, 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 4. Amend the Coastal Zoning Map of NBMC Title 21 to include the "PM -1" overlay district symbol to Balboa Village area as shown as Exhibit B-1 with all other provisions of the Coastal Zoning Map remaining unchanged. 5. Amend NBMC Chapter 21.80 to add "PM -1 Balboa Village Parking Management Plan Overlay District" map as shown as Exhibit B-2 with all other provisions of Chapter 21.80 remaining unchanged. 13-25 i o NSW SFT PM -1 Balboa Village Parking Management Plan Overlay District DRAFT e I'Aame: PM-1_Balboa_Village / February 2017 M x s rh w t] 13-27 Attachment C February 21, 2019, Planning Commission Meeting Minutes 13-28 NEWPORT BEACH PLANNING COMMISSION 2/21/2019 Mr. Strader reiterated that the Planning Commission will ultimately determine whether the park contains pickleball courts. The applicant and the project ownership team have no opinion as to whether the park should or should not provide pickleball courts. The applicant will carry out the Planning Commission's policy directive. Vice Chair Weigand closed the public hearing. In reply to Vice Chair Weigand's inquiries, Community Development Director Jurjis explained that the Recreation and Senior Services Director recommended the PB&R Commission recommend the Planning Commission include pickleball courts in the park because the demand for pickleball courts is increasing. They do generate noise. The Planning Commission can accept the PB&R Commission's recommendation and provide flexibility for the applicant/management company to convert the pickleball courts to tennis courts or other uses in the event the pickleball courts become problematic. Senior Planner Murillo advised that the PB&R Commission discussed pickleball courts and whether the park had sufficient space for regulation courts. Public comment at the meeting also supported pickleball. Community demand for dog parks and pickleball courts is high, but providing the uses within existing City parks is difficult. The PB&R Commission viewed this project as an opportunity to provide the two amenities. Staff can include language in the use agreement between the City and the developer that if the pickleball courts become problems, the City and developer can discuss replacing the pickleball courts with a different use. In reply to Commissioner Koetting's queries, Deputy Community Development Director Campbell advised that closing times for parks vary. Condition of Approval Number 14 refers to the hours during which restrooms will be available. Staff did not propose a condition of approval pertaining to park hours. Park hours can be included in the management agreement required by Condition of Approval Number 12. Commissioner Koetting preferred staff reach an agreement with the developer regarding park hours. Parks do not have fences and gates to prevent the public from accessing parks. Vice Chair Weigand indicated the City can install signage regarding park hours, and the City has some ordinances that limit use of parks. Violation of park hours can be enforced. The park is extremely close to residences, and park use could become a nuisance for residents. Motion made by Commissioner Koetting and seconded by Secretary Lowrey to adopt resolution No. PC2019- 004 certifying Environmental Impact Report No. ER2017-001, making facts and findings, and approving a mitigation monitoring and reporting program for the Newport Crossing Mixed -Use Project (SCH No. 2017101067),- and 017101067);and adopt Resolution No. PC2019-005 approving Site Development Review No. SD2017-004, Lot Line Adjustment No. LA2018-004, and Affordable Housing Implementation Plan No. AH2018-001, subject to conditions of approval, including staffs recommended revisions regarding the mitigation monitoring and reporting program and the facts and findings, setting park hours to 8:00 a.m. to 8:00 p.m., and an amendment to Condition of Approval Number 14 to reflect access to restrooms during regular business hours. AYES: Weigand, Lowrey, Ellmore, Koetting NOES: None ABSTAIN: None ABSENT: Zak, Kleiman, Kramer ITEM NO. 3 LCP AMENDMENT BALBOA VILLAGE PARKING OVERLAY (PA2017-046) Site Location: All properties in Balboa Village on the Balboa Peninsula between Adams Street and A Street Summary: An amendment to Section 21.28.030 of the City of Newport certified Local Coastal Program (LCP) Implementation Plan to add new Subsection 21.28.030.E incorporating the Balboa Village Parking Management Overlay District (PM -1). The PM -1 District identifies existing and planned parking facilities and establishes parking programs to adequately serve the parking needs for Balboa Village. Additionally, the PM -1 District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 21.40 of the certified LCP Implementation Plan. District PM -1 applies to all properties located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street. The amendment includes adding the "PM -1" overlay designator to the Coastal Zoning Map and Map PM -1 to Chapter 21.80 (Maps). 8of11 13-29 NEWPORT BEACH PLANNING COMMISSION 2/21/2019 Recommended Action: 1. Conduct a public hearing; 2. 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 3. Adopt Resolution No. PC2019-006: A Resolution of the Planning Commission of the City of Newport Beach Recommending to the City Council of the City of Newport Beach Submittal of Local Coastal Program Amendment No. LC2017-001 to the California Coastal Commission. Program Manager Patrick Alford reported after extensive public outreach, the City Council adopted the Balboa Village Parking Management Overlay District (Overlay District). The Overlay District eliminates off-street parking requirements for most commercial uses, requires the maintenance of existing off-street parking facilities, and allows the shared use of parking facilities. The original Local Coastal Program (LCP) included the Overlay District. However, the California Coastal Commission removed the entire Overlay District from the LCP prior to certification and requested additional information. The City Council adopted the LCP as modified by the Coastal Commission. Staff now proposes an LCP amendment that will modify the Overlay District. Staff issued a Notice of Availability of the amendment to affected agencies and interested persons. Program Manager Alford went on to indicate that pursuant to the proposed amendment, a Coastal Development Permit (CDP) will implement the Balboa Village Parking Management District Plan (District Plan). Codifying the information requested by the Coastal Commission in the Zoning Code or the LCP Implementation Plan is not appropriate; therefore, staff feels a CDP is the best vehicle to provide the Coastal Commission with the requested information. A CDP is subject to Council approval and appeal to the Coastal Commission. The certified LCP recognizes the traditional storefront character and pedestrian orientation of Balboa Village. Additional parking facilities in Balboa Village could be disruptive to the character of Balboa Village. Staff identified the user groups in the area and recognized the need to address the parking needs of visitors to the beach, Balboa Pier, and area parks. The amendment will allow the implementation of parking restrictions such as time of use, duration, and pricing to optimize the use of existing parking spaces. A wayfinding program implemented through the CDP will direct visitors to parking facilities, pedestrian and bike paths, the ferry, and key destination points. The CDP can address the use of alternative transportation such as the Balboa Island Ferry, bicycles, the Balboa Peninsula Trolley, and rideshare programs. If necessary, Title 20 can be amended subsequent to Coastal Commission review of the proposed LCP amendment. Staff has provided an amended resolution, which incorporates the revisions Jim Mosher suggested. Commissioners disclosed no ex parte communications regarding this item In reply to Commissioner Koetting's question, Program Manager Alford explained that zoning ends at the bulkhead line, so that the graphic shows the Overlay District extending into the water. Vice Chair Weigand opened the public hearing. Jim Mosher suggested Section 2, paragraph 1 of the proposed resolution reference Exhibit A. The Coastal Commission will likely want to review a draft District Plan. He inquired whether the Council has adopted a District Plan or staff has drafted a District Plan. Gaya Wilner [phonetic], 209 Cypress, remarked that the District Plan should consider parking across Balboa Island. If the commercial areas do not provide off-street parking, the adjacent residential areas will be affected. Homer Oatman, Newport Beach resident, asked if the existing parking requirements for mixed-use development will remain. The intent appears to be to encourage development in the area, but the existing parking requirements for commercial uses are difficult to meet in the area. Vice Chair Weigand closed the public hearing 9of11 13-30 NEWPORT BEACH PLANNING COMMISSION ft" 2/21/2019 Program Manager Alford explained that the District Plan approved by the Council will be augmented to address the Coastal Commission's concerns. The new District Plan will be implemented through a CDP. Because a CDP has to be consistent with the certified LCP, it will guarantee the attributes contained in the LCP. A proposed residential preferential parking district in the area was not adopted or implemented. A mixed-use project will not have to provide parking for the commercial component of the project unless it contains one of the excepted uses. Motion made by Secretary Lowrey and seconded by Commissioner Ellmore to 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); and Adopt Resolution No. PC2019-006: A Resolution of the Planning Commission of the City of Newport Beach Recommending to the City Council of the City of Newport Beach Submittal of Local Coastal Program Amendment No. LC2017- 001 to the California Coastal Commission. AYES: Weigand, Lowrey, Ellmore, Koetting NOES: None ABSTAIN: None ABSENT: Zak, Kleiman, Kramer STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis reported the General Plan Update process has begun. The City Council has confirmed Steering Committee members, and the Steering Committee's first meeting the previous night was well attended. Currently, Phase I concerns the Request for Proposal (RFP) process. The Steering Committee's next meeting will be March 6. On February 26, the City Council will consider expanding the Steering Committee from five to seven members. In addition, staff will propose an ordinance that addresses the impacts of construction on residential street parking. The Planning Commission's next meeting is scheduled for March 7. In response to Commissioners' questions, Community Development Director Jurjis advised that the project for Mesa Drive Townhomes is scheduled for March 21, and the applicant is not ready for an earlier hearing date. The Planning Commission's March 21 meeting may be cancelled. Persons interested in the Steering Committee submitted an application. A Council subcommittee reviewed the applications and made a recommendation to the City Council. If the Council chooses to expand the Steering Committee, the City Clerk's Office will accept additional applications. The Council will hear an appeal of the E Art Gallery project. The Council approved the senior project by a vote of 5-1. Commissioner Koetting remarked that the City Manager gave a great presentation to Wake Up Newport, and brochures of Public Works' projects are available at City Hall. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None 10 of 11 13-31