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HomeMy WebLinkAbout04 - Balboa Village Parking Management and Resident Parking Permit Program (PA2014 -016)CITY OF F NEWPORT REACH City Council Staff Report January 13, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner PHONE: ( 949) 644- 3210, jampbell@newportbeachca.gov TITLE: Balboa Village Parking Management and Resident Parking Permit Program (PA2014 -016) ABSTRACT: The second reading and adoption of ordinances: 1) creating a Parking Management District Plan and Overlay District modifying required off - street parking requirements within Balboa Village; 2) amending the Municipal Code modifying the Off - Street Parking Facilities Fund and Neighborhood Enhancement Reserve and creating the Balboa Village Area Benefit District; and 3) amending the Municipal Code modifying on- street parking meter fees within Balboa Village. RECOMMENDATION: a) Conduct second reading and adopt Ordinance No. 2014 -20 (Staff Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014 -016); b) Conduct second reading and adopt Ordinance No. 2014 -21 (Staff Report Attachment CC2), An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014- 016); and c) Conduct second reading and adopt Ordinance No. 2014 -22 (Staff Report Attachment CC3), An Ordinance of the City Council of the City of Newport Beach Amending Section 12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016). 4 -1 FUNDING REQUIREMENTS: Ordinance No. 2014 -020 establishes a Parking Management District and will discontinue the collection of in -lieu parking fees from several Balboa Village businesses totaling approximately $13,000 per year. Ordinance No. 2014 -021 re- directs parking revenues from General Fund to the newly created Balboa Village Area Benefit District. Ordinance No. 2014 -22 lowers on- street parking fees during the off - season and increases parking revenues during the peak season, with a nominal net effect. DISCUSSION: On November 25, 2014, after a noticed public hearing, the City Council introduced and passed to second reading the following: 1) Ordinance No. 2014 -20 approving Code Amendment CA2014 -001, creating a Parking Management District Plan and Overlay District modifying required off - street parking requirements within Balboa Village; 2) Ordinance No. 2014 -21 approving Municipal Code amendments changing the Off - Street Parking Facilities Fund and Neighborhood Enhancement Reserve and creating the Balboa Village Area Benefit District; and 3) Ordinance No. 2014 -22 modifying on- street parking meter fees within Balboa Village. These items are described in Programs Two, Three, and Four of the November 25, 2014, City Council staff report (Attachment CC4). The minutes of the meeting are provided in Attachment CC5. The City Council also considered an Overnight Residential Parking Permit Program (RP3) that would affect residential streets just west of Balboa Village between 7th Street to Adams Street. The City Council did not approve the RP3, but instead asked staff to conduct additional outreach to the affected neighborhood to determine whether a majority of residents support the program. The program is described in Program One in Attachment CC4. As outlined by the Balboa Village Advisory Committee, the additonal RP3 outreach effort includes an informational letter and advisory ballot asking whether affected residents, property owners, and mooring permit holders from Mooring Area C support the permit program (Attachment CC6). To kick off the outreach effort, a town hall meeting will be conducted in late January where the details of the program will be presented and eligible participants may complete a ballot. After the meeting, staff will mail the advisory ballot to those eligible participants who did not attend the town hall meeting. After all ballots are received, staff will attempt to contact those residents who did not submit a ballot by canvasing the neighborhood. Staff will tabulate the results and report back to the Balboa Village Advisory Committee and City Council. ENVIRONMENTAL REVIEW: The adoption of Code Amendment No. CA2014 -001 approving the Balboa Village Parking Management District Plan and creating the Balboa Village Parking Management Overlay District is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The amendment itself does not authorize development that would directly result in physical change to the environment. The amendment could indirectly lead to changes in use within existing buildings or minor additions to existing buildings. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes are also subject to CEQA review on a project -by- project basis and 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. The adoption of the ordinances modifying on- street parking fees, modifying existing parking benefit districts, and establishing a new parking benefit district are not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The ordinances do not authorize development and only modifies on- street parking fees and the ordinance changing the parking benefit districts only changes the allocation of parking revenues for budgeting purposes and no physical change to the4 -2 environment would result. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC1 - Ordinance No. 2014 -20 Attachment CC2 - Ordinance No. 2014 -21 Attachment CC3 - Ordinance No. 2014 -22 Attachment CC4 - Staff Report from 11 -25 -2014 meeting Attachment CC5 -Minutes from 11 -25 -2014 meeting Attachment CC6 - Advisory Ballot 4 -3 Attachment M Ordinance No. 2014 -20 M ORDINANCE NO. 2014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING CODE AMENDMENT NO. CA 2014- 001 ADOPTING THE BALBOA VILLAGE PARKING MANAGEMENT DISTRICT PLAN AND ESTABLISHING THE BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT (PA2014 -016) WHEREAS, Balboa Village was once a more vibrant commercial village serving both visitors and residents. Revitalization of the area has been a long- standing goal of the City. In 2012, the City evaluated the area with an eye to establish policies and programs to spur economic activity and better manage parking. The Balboa Village Master Plan was adopted by the City Council in September 2012, on the recommendation of the City Council ad -hoc Neighborhood Revitalization Committee and its Citizens Advisory Panel. The Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources before resorting to the construction of new parking; WHEREAS, transportation consultants Walker Parking Consultants (2009) and Nelson \Nygaard Consulting Associates (2013) both found that Balboa Village has a large supply of parking, the majority of which is located in off - street facilities owned and managed by the City. Balboa Village's parking supply is underutilized for all but the busiest summer weekends. Existing pricing and zoning regulations lead to inefficient utilization of parking and creating an unnecessary regulatory constraint to redevelopment and reinvestment; WHEREAS, the elimination of required parking for most uses within the district will support modest changes in use by removing a regulatory constraint. These potential changes in use will continue to be limited by the allowed uses and the maximum density /intensity of the various individual zoning districts within the Balboa Village Parking Management Overlay District; therefore, changes in use will remain consistent with the General Plan; WHEREAS, requiring each commercial property within Balboa Village to provide off - street parking is impractical given that most of the lots are small and currently developed without the minimum parking required by the Zoning Code. These uses are supported by the large supply of on- and off - street parking facilities provided by the City. Based upon the analysis provided by Walker Parking Consultants (2009) and Nelson \Nygaard Consulting Associates (2013), the existing supply of public and private parking is adequate to serve the needs of Balboa Village with the exception of large -scale uses that would bring large numbers of new visitors to the area; WHEREAS, the proposed Parking Management District Plan supports shared use of parking facilities that, when implemented, will lead to a more efficient use of parking; 4 -5 Ordinance No. 2014 - Page 2 WHEREAS, the Balboa Village Advisory Committee (BVAC) held monthly public meetings between December 2013, and January 2014, that provided a forum for public participation where the implementation of the various parking strategies identified by the Balboa Village Master Plan were discussed and refined; WHEREAS, on September 18, 2014, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (4 ayes, 0 noes, 3 absent), forwarded a recommendation to the City Council to adopt the Code Amendment No. 2014 -001: and NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 20.28.030 of the Newport Beach Municipal Code is hereby amended to add the following subsection to read as follows: 20.28.030 D. Parking Management Overlay Districts established. The parking management districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8 of this title. 1. Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM -1. a. Purpose. The purpose of the Balboa Village Parking Management Overlay District is to identify existing and planned parking facilities and establish parking programs to adequately serve the parking needs for Balboa Village. Additionally, the District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 20.40 (Off- Street Parking). b. Existing Parking Facilities. The City maintains six public parking lots within or near the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City provides and maintains a small number of on- street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand. c. Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off - street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public. d. Required Off - Street Parking i. Non - residential uses: No off - street parking shall be required for any new non - residential use or intensification of uses except the following uses as am Ordinance No. 2014 - Page 3 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). 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 -7 Ordinance No. 2014 - Page 4 (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. (E)Section 20.40.100 (Off -Site Parking) and Section 20.40.110.B.2 (Joint Use of Parking Facilities) do not apply within the Balboa Village Parking Management Overlay District. V. Private Parking Facilities Available to the General Public. Non - residential, off - street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and /or management of the parking facility. Allowing general public access to private off - street parking facilities shall not affect the property's conformance with its required off - street parking. The agreement should of 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 am Ordinance No. 2014 - Page 5 to have a significant effect on the environment. The amendment itself does not authorize development that would directly result in physical change to the environment. The amendment could indirectly lead to changes in use within existing buildings or minor additions to existing buildings. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes are also subject to CEQA review on a project -by- project basis any potential indirect physical change resulting from this amendment would be within the scope of development currently allowed, and limited, by the Zoning Code and General Plan. 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 — day of 2014, and adopted on the day of 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: Rush N. Hill, II LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: ATTORNEY'S OFFICE Ordinance No. 2014 - Page 6 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. ry ry J Q' Q� 0 w,yo J a a w1, C`L 7F 411. Q' I �G �Z' PP Q' u Q' 4 -10 Ordinance No. 2014 - Page 7 Exhibit "B" Parking Management Overlay District Map PM -1 �jII %III `.� � •� II • ♦♦ 4 -11 Attachment CC2 Ordinance No. 2014 -21 4 -12 ORDINANCE NO.2014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 12.44.025 AND 12.44.027 AND ADDING SECTION 12.44.029 RELATING TO PARKING FUNDS WHEREAS, it has been a long- standing goal of the City of Newport Beach ( "City') to revitalize Balboa Village and to expand its vibrant commercial village serving both visitors and residents; WHEREAS, in 2012, the City evaluated the area to establish policies and programs to spur economic activity and manage existing parking, which resulted in the adoption of the Balboa Village Master Plan; WHEREAS, the Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources before resorting to the construction of new parking, and proposed the establishment of a parking benefit district to provide funding for improvements to Balboa Village; WHEREAS, pursuant to the authority provided in Section 1113 of the City Charter, the City created the Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve in Newport Beach Municipal Code ( "NBMC") Sections 12.44.025 and 12.44.027; WHEREAS, the reserve funds are inviolate so that the funds currently deposited into the reserves are utilized for the express purposes provided in NBMC Sections 12.44.025 and 12.44.027; however, additional parking meter revenue may be deposited into these funds by resolution; and WHEREAS, the City desires to create a new fund, entitled the Area Benefit District Reserve which will encompass the purposes of both the Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve while also supporting broader transportation- related improvements and services in Balboa Village. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 12.44.025 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.025 Creation of Off - Street Parking Facilities Fund. Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund to be known as the Off - Street Parking Facilities Fund is created. By resolution, the City 4 -13 Council may direct revenue into the Off - Street Parking Facilities Fund. Such fund shall be used only for purposes of the acquisition, development, and improvement of public off - street parking facilities located within the general vicinity of the parking meters contributing to the fund, and for any expenditures necessary or convenient to accomplish such purposes. For purposes of this section, the term "off- street parking facilities" shall mean public parking lots, garages, structures, buildings and appurtenances for the parking of motor vehicles. Section 2: Section 12.44.027 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.027 Neighborhood Enhancement Reserve. A. Creation. 1. Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund, to be known as the Neighborhood Enhancement Reserve, is created. 2. The City Council may, by ordinance, establish Neighborhood Enhancement Areas and may, by resolution, direct revenue into the Neighborhood Enhancement Reserve. 3. Such reserve shall be used for purposes of enhancing and supplementing services to the neighborhood in the general vicinity of the parking meters contributing to the fund and not supplanting existing services. Enhancements may be in the form of capital improvements, special services or extraordinary maintenance and shall include all expenditures necessary or convenient to accomplish such purposes. B. The following Neighborhood Enhancement Areas are hereby established pursuant to the provisions of this chapter: 1. Area "A" —West Newport. This area is bounded by West Coast Highway, Semeniuk Slough /Oxbow Loop, West Coast Highway, Newport Boulevard, Newport Island Channel, Rialto Channel, 38th Street, the Pacific Ocean, and Summit Street. 2. Area "B "— Balboa Peninsula. This area is bounded by West Lido Channel, Newport Channel, the Harbor entrance, the Pacific Ocean, 38th Street, Rialto Channel and Newport Island Channel. 4 -14 Section 3: Chapter 12.44 of the Newport Beach Municipal Code is hereby amended by adding Section 12.44.029 to read as follows: 12.44.029 Area Benefit District Reserve. A. Creation 1. The City Council hereby creates a special capital improvement fund, to be known as the Area Benefit District Reserve. 2. The City Council may, by ordinance, establish Area Benefit Districts and may, by resolution, direct revenue into the Area Benefit District Reserve. 3. The Area Benefit District Reserve shall be used for the purposes of enhancing or supplementing services to the Area Benefit District(s) identified or the general vicinity provided there is a benefit to the Area Benefit District(s). Enhancements or supplemental services may be in the form of streetscape improvements on public or private property; other beautification projects, including, but not limited to, commercial facade improvements; transit, pedestrian, and bicycle infrastructure or wayfinding signage; the acquisition, leasing or construction of additional parking; extraordinary maintenance programs for public areas; creation or implementation of transportation mobility or parking management strategies, including, but not limited to, shared parking. Expenditures from the Area Benefit District Reserve may include all expenditures necessary or convenient to accomplish the purposes for which the funds are to be used. B. The following Area Benefit District is hereby established pursuant to the provisions of this chapter: 1. Balboa Village. This area is bounded by Adams Street, Newport Bay, A Street, and the Pacific Ocean. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and /or phrases be declared unconstitutional. Section 5: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as 4 -15 defined in Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The amendment does not authorize development and it only changes the allocation of parking revenues for budgeting purposes. Section 6: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the — day of 2014, and adopted on the day of 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Rush N. Hill, II ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A S OFFICE Cdr) AARON C. ARP. CITY ATTORNEY CSGy Attachment CC3 Ordinance No. 2014 -22 4 -17 ORDINANCE NO. 2014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ON- STREET PARKING METER FEES IN BALBOA VILLAGE (PA2014 -016) WHEREAS, California Vehicle Code Section 22508 authorizes the City of Newport Beach ( "City') to establish parking meter fees by ordinance. WHEREAS, the City's parking meter fees are established in Newport Beach Municipal Code Section 12.44.040; WHEREAS, the revenue generated from the parking meter fees funds a number of important items within the City, including but not limited to, traffic control, parking management, installation and maintenance of parking meters, recreational activities, beautification projects, and related improvements; WHEREAS, it has been a long- standing goal of the City to revitalize Balboa Village and to expand its vibrant commercial village serving both visitors and residents; WHEREAS, in 2012, the City evaluated the area to establish policies and programs to spur economic activity and manage existing parking, which resulted in the adoption of the Balboa Village Master Plan; WHEREAS, the Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources and proposed the modification of both on- street and off - street parking rates to influence parking behavior to promote more efficient use of existing parking facilities and provide incentives for longer -term parking to occur in off - street lots; WHEREAS, studies prepared by Nelson /Nygaard, a transportation consultant, showed that the existing one -hour parking limits were insufficient for many trips to area businesses and that the current parking meter fees were not providing sufficient incentive to promote increased turnover of vehicles; WHEREAS, the Balboa Village Advisory Committee ( "BVAC") held monthly public meetings between December 2013, and January 2014, that provided a forum for public participation where implementation of the Balboa Village Master Plan and the recommendations of Nelson /Nygaard, including changes to parking meter fee, were discussed; WHEREAS, on January 8, 2014, the BVAC voted to recommend City Council adopt the parking rate structure contained in this ordinance; 0M. Ordinance No. 2014- _ Page 2 WHEREAS, the City Council finds that on- street parking meter fees in Balboa Village should be modified to promote more efficient use of the parking spaces by establishing a rate for the first two (2) hours and increasing the rate for every hour thereafter for both the peak summer season and the non -peak season; and WHEREAS, the City Council additionally finds the increase in parking meter fees for on- street spaces along with a decrease in parking meter fees for off - street parking lots will provide an incentive for longer -term parking to occur in off - street lots. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 12.44.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.040 Parking Meter Fees Fees for parking meters in zones established by Section 12.44.020 when the parking meters are in operation are hereby established as follows: A. For the purposes of this section, the non -peak season is defined as period between October 1st and April 30th of each year and the peak season is defined as the period between May 151 and September 30th of each year. B. One dollar and fifty cents ($1.50) per hour at all meters in Zones 1 and 9. C. One dollar and fifty cents ($1.50) per hour at all meters in Zone 2, except seventy -five cents ($0.75) per hour for Coast Highway, Tustin Avenue and Avon Street, one dollar ($1.00) per hour along northbound Newport Boulevard between 26th and 30th Streets, and one dollar ($1.00) per hour for the first two hours and one dollar and fifty cents ($1.50) per hour for each additional hour during the non - peak season and two dollars ($2.00) per hour for the first two hours and two dollars and fifty cents ($2.50) per hour for each additional hour during the peak season on Balboa Boulevard between "A" Street and Adams Street and Bay Avenue between Main Street and Palm Street. D. One dollar ($1.00) per hour at all meters in Zones 3 and 7. E. One dollar and fifty cents ($1.50) per hour at all meters in Zone 4, except one dollar ($1.00) per hour on Lido Park Drive and 28th Street, and one dollar ($1.00) per hour 4 -19 Ordinance No. 2014- _ Page 3 for the first two hours and one dollar and fifty cents ($1.50) per hour for each additional hour during the non -peak season and two dollars ($2.00) per hour for the first two hours and two dollars and fifty cents ($2.50) per hour for each additional hour during the peak season on Bay Avenue between Adams Street and Palm Street and Palm Street between Bay Avenue and Ocean Front. F. One dollar ($1.00) per hour at all meters in Zone 5 except one dollar and fifty cents ($1.50) per hour on 32nd Street between Balboa Boulevard and Newport Boulevard. G. One dollar and fifty cents ($1.50) per hour at all meters in Zone 6, except one dollar ($1.00) per hour on 28th Street between Newport Boulevard and Villa Way. H. Seventy -five cents ($0.75) per hour at all meters in Zone 8. Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and /or phrases be declared unconstitutional. Section 3: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The ordinance does not authorize development and it only modifies parking rates at meters within the public right -of -way in Balboa Village. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the —_ day of 2014, and adopted on the day of 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS 4 -20 Ordinance No. 2014 - Page 4 NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS M ATTEST: Rush N. Hill, II, Mayor LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A RNEY'S OFFICE r AAR .HARP, CITY ATTORNEY 4 -21 Attachment CC4 City Council Staff Report November 25, 2014 (without attachments) 4 -22 TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: 1419019 NEWPORT BEACH City Council Staff Report November 25, 2014 Agenda Item No. 20 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov James Campbell, Principal Planner (949) 644 -3210, jampbell@newportbeachca.gov Balboa Village Parking Management District and Resident Parking Permit Program (PA2014 -016) The Balboa Village Master Plan adopted in 2012, identifies a comprehensive set of parking programs. Implementation requires several City Council actions, as described below: Program One - Residential Permit Parking Program (RP3): the establishment of an overnight resident permit parking program (RP3) for the area west of Balboa Village between 7th Street and Adams Street. The annual permit fee has previously been established, but program parameters and a daily guest pass fee must also be established. Program Two - Parking Management District Plan and Overlay District: the creation of a Parking Management District Plan and Overlay District that modifies required off - street parking requirements for commercial uses within Balboa Village. Program Three - Parking Benefit District: the creation of a parking benefit district related to how parking revenues within Balboa Village will be budgeted and spent. Program Four - Public Parking Fees: the modification of both on- street and off - street parking meter fees on public property within Balboa Village. Program Five - Other Parking Programs and Permits: the establishment of a voluntary employee parking permit for Balboa Village businesses; a non -peak season resident parking permit to park in Balboa Village; and a commercial patron parking validation program. Fees for these permits needs to be adopted. 4 -23 20 -1 RECOMMENDATION: a) Conduct a public hearing; b) Program One - Residential Permit Parking Program (RP3): Introduce Ordinance No. 2014 -19 (Staff Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Amending Sections 12.68.040 and 12.68.060 of the Newport Beach Municipal Code Establishing the Balboa Resident Parking Permit Program on the Balboa Peninsula (PA2014 -016), and finding the action exempt from the California Environmental Quality Act ( "CEQA') pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; c) Program Two - Parking Management District Plan and Overlay District: Introduce Ordinance No. 2014- 20 (Staff Report Attachment CC2), An Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014 -016), and finding the action 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, and pass to second reading on January 13, 2015; d) Program Three - Parking Benefit District: Introduce Ordinance No. 2014 -21 (Staff Report Attachment CC3), An Ordinance of the City Council of the City of Newport Beach, California Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; e) Program Three - Parking Benefit District: Adopt Resolution No. 2014 -101 (Staff Report Attachment CC4), A Resolution of the City Council of the City of Newport Beach, California Establishing Funding for the Area Benefit District Reserve (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; f) Program Four - Public Parking Fees (on- street): Introduce Ordinance No. 2014 -22 (Staff Report Attachment CC5), An Ordinance of the City Council of the City of Newport Beach Amending Section 12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016), finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060 (c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass on to a second reading on January 13, 2015; g) Program Four - Public Parking Fees (off- street public lots): Adopt Resolution No. 2014 -102 (Staff Report Attachment CC6), A Resolution of the City Council of the City of Newport Beach, California Establishing a Revised Schedule of Parking Fees for Off - Street Parking Meter Zones 17, 18, 23, 28, and 29 Located in Balboa Village (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and h) Program Five - Other Parking Programs and Permits: Adopt Resolution No. 2014 -103 (Staff Report Attachment CC7), A Resolution of the City Council of the City of Newport Beach, California Establishing a Parking Permit System for Balboa Village (PA2014 -016), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 20 -2 4 -24 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for staff time to pursue a Coastal Development Permit for the proposed programs which require one. Implementation will necessitate the installation of new signage and parking meters in some cases. Existing and future parking meter revenue should provide sufficient funding for these and other components of the overall project. DISCUSSION: Revitalization has been a priority for Balboa Village for quite some time. In 2011, City Council created the Neighborhood Revitalization Committee that appointed a Citizens Advisory Panel that provided several opportunities for public participation leading to the creation of the Balboa Village Master Plan. The City Council adopted the Master Plan in September 2012. The Master Plan includes a variety of goals and strategies, one of which is parking management. The Master Plan can be accessed at the following webpage: httt : / /www.newi)ortbeachca.gov/ Modules /ShowDocument.asi)x ?documentid =14799 The Master Plan recommended creation of the Balboa Village Advisory Committee (BVAC) to oversee the timely implementation of the Master Plan. Information related to the Committee's effort can be accessed at the following webpage: http://www.newportbeachca.gov/index.aspx?paqe=2196 On January 8, 2014, the BVAC reviewed and approved the Parking Implementation Plan after numerous monthly meetings where each parking program was reviewed and opportunities were provided for public input and discussion. The programs are designed to work together comprehensively to ensure the highest level of effectiveness. Each parking program is discussed below: Program One: Residential Permit Parking Program (RP3) The proposed ordinance (Attachment CC1) amends Sections 12.68.040 and 12.68.060 of the Municipal Code and establishes a resident parking permit program for the neighborhood west of Balboa Village between 7th Street and Adams Street which experiences parking spillover from commercial uses in Balboa Village. It is fairly common for employees and patrons of excursion services and other businesses to park in the neighborhood as the spaces are free and for some is more convenient. The genesis of this program was from area residents. The RP3 would be implemented in two phases. The first phase would be the area from Island Avenue to Adams Street. The second phase would be the area west of Island Avenue to 7th Street. Implementation of the second phase would be contingent on the effectiveness of the first phase and the need for the second phase and it would require future City Council action. Table 1 RP3 Parameters Hours: :00 p.m. to 9:00 a.m. daily Number of Permits: Up to four (4) annual permits per unit Up to six (6) daily guest permit Cost of Permits: $16' for each annual permit $1 for each daily guest permit Eligibility: Residents of affected area including residents of Bay Island and Mooring Area C permit holders Enforcement: lExisting license plate recognition technology in use 20 -3 4 -25 the * BVAC recommended $20 per permit; however, a $16 fee for resident parking permits is already in place, therefore, a new fee is not necessary. The hours were proposed by residents to increase available parking as they return from work. The proposed hours of operation were discussed at length during BVAC meetings as it may affect public access. However, during most of the year, adequate parking for the public exists within Balboa Village based upon the independent parking surveys prepared by Nelson Nygaard in 2013. The exceptions are the most busy summer days that amount to 14 days on average per year. Implementation of the RP3 requires an amendment to Chapter 12.68 to establish the program parameters. The following findings must be met to establish a resident parking zone: 1. The parking in the area by nonresidents does substantially and regularly interfere with the use of the majority of the available public street or alley parking spaces by adjacent residents; 2. That the interference by the nonresidents parking referred to in subsection (A) of this section, occurs at regular and significant daily or weekly intervals; 3. That nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in the area of the proposed zone; 4. That the majority of the residents adjacent to the proposed zone desire, agree to or request preferential parking privileges; 5. That no unreasonable displacement of nonresident vehicles will occur in surrounding residential areas; 6. That a shortage of reasonably available and convenient residentially related parking spaces exists in the area of the proposed zone; and 7. That no alternative solution is feasible or practical. Compliance with the above findings is summarized below and detailed in the draft resolution: • Resident parking is routinely impacted by non - residents based upon resident statements and parking field studies conducted in 2013. Based upon resident input, non - resident parking generates traffic and parking conflicts and noise, which is a significant nuisance. The City conducted a survey in late 2012, where approximately 1100 surveys were delivered to property owners and tenants in the proposed RP3 area. There was a 35.8 percent response rate and over 68 percent of respondents expressed support for the residential permit parking program. • Displacement of vehicles are expected to relocate to Balboa Village where parking is readily available at reduced pricing within the existing public parking lots. The displacement of a significant number of vehicles to Balboa Island or areas to the west of the proposed permit parking zone is not anticipated. These areas are less convenient and parking is generally more readily available within the Balboa Village. • Based upon resident input and the Nelson Nygaard field studies, parking shortages exist in the area during certain periods. Alternative solutions to increase parking supplies are costly. Furthermore, many residences are nonconforming as to off - street parking due to the age of construction and it is not practical to require redevelopment consistent with current parking standards in advance of an owners desire to do so. • Enforcement of the program would be through the City's existing license plate recognition system that would be linked to the permit system. Staff expects the system will involve a web -based portal allowing residents the ability to purchase permits and update license plate information once an account is established and eligibility verified. 20 -4 4 -26 Program Two: Parking Management District Plan and Overlay District The proposed ordinance (Attachment CC2) creates a Parking Management District Plan and Overlay District for properties within Balboa Village between Adams Street and A Street. A map of the proposed district is attached to the draft ordinance. The parking management district plan and overlay does the following: 1. Eliminates Required, Off - street Parking for Most Commercial Uses. The proposed overlay would eliminate required, off - street parking spaces except for Assembly /Meeting Facilities, Commercial Recreation and Entertainment, Cultural Institutions, Marine Services Uses, Residential Uses, Schools, and Visitor Accommodations. These uses would be required to provide off - street parking consistent with the Zoning Ordinance or they could seek relief through a Conditional Use Permit for a parking waiver or an off -site parking agreement. These uses were specifically excluded as they generate more parking demand than typical non - residential uses. Elimination of the parking requirement will allow minor changes in use or additions to buildings within floor area limitations of Zoning Code. The removal of this regulatory constraint (parking) will not directly lead to intensification of uses as business and property owners will consider other factors, including costs, that will play a more significant role in decisions to change use, expand or redevelop. The hope is with the removal of the parking requirement, reinvestment will follow that will help revitalize the area to better serve residents and visitors. 2. Maintains Existing Off - Street Parking Facilities. The plan will require the retention of existing commercial and residential parking spaces, unless approved with a discretionary permit. The review process would evaluate whether the subject parking represents a significant reduction in the overall parking supply of the District. 3. Allows Shared Use of Parking Facilities. There are approximately 120 off - street spaces that are dedicated to tenant or customer parking within the proposed district. Making these spaces available for public use will facilitate more efficient utilization of these existing parking resources. The proposal would encourage the City to acquire or lease these private parking spaces from willing owners to address issues of liability and maintenance. The Zoning Code does not allow shared parking although off -site parking is allowed and is subject to a Conditional Use Permit. The proposal would allow shared use of non - residential parking or the leasing of off -site parking subject to the approval of the Community Development Director provided the hours of operation of the various uses do not significantly overlap. The proposal would also allow parking to be shared among different uses within a single new, mixed -use building, by right. 4. Suspends Existing and Future In -Lieu Parking Fees. Currently, nine businesses in the Balboa Village participate in the City's in -lieu fee program that charges $150 per space per year. In 1989, the City Council suspended new in -lieu permits. The revenue from existing permits (approximately $13,000 per year) is nominal. The proposed overlay district would suspend the program and discontinue fee collection which is appropriate given the recommendation to eliminate required parking for most commercial uses. The Planning Commission considered the Proposed Parking Management Plan and Overlay District at a noticed public hearing held on September 18, 2014. The Planning Commission received public comments and approved Resolution No. 1957 (Attachment CC9) recommending adoption of Code Amendment No. CA2014 -001. It should be noted that the format of the proposed amendment has changed since the Planning Commission hearing such that the regulations are within the Zoning Code rather than a separate document. Attachment CC10 contains the proposed amendment to Section 20.28.030 in track changes format. 20 -5 4 -27 Program Three: Parking Benefit District The proposed ordinance (Attachment CC3) amends Sections 12.44.025 (Off- Street Parking Facilities Fund) and 12.44.027 (Neighborhood Enhancement Reserve) and adds Section 12.44.029 (Area Benefit District Reserve). The Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve were established pursuant to City Charter Section 1113, and as such, the funds may only be used for the purposes as established by the Municipal Code. The amendment maintains both reserves, but discontinues the current funding formula where fifty percent of parking meter revenue is deposited into the reserves and the other fifty percent is deposited into the General Fund. Future funding of these reserves would be determined by the City Council. Existing funds in these two existing reserves would remain dedicated for their required purpose. A companion resolution (Attachment CC4) would allocate 100 percent of non - tidelands, parking - related revenue from all meters and lots within Balboa Village. Anticipated annual revenue for the reserve would be approximately $347,000, based upon fiscal year 2013 -2014. These funds could be used for commercial fagade improvements, enhancements to the public right -of -way including street furniture, signs, and landscaping, wayfinding signs, shared parking leases, parking monitoring, improved parking management, etc. The new Balboa Village Area Benefit District would have the following purpose statement: The Area Benefit District Reserve shall be used for the purposes of enhancing or supplementing services to the Area Benefit District(s) identified or the general vicinity provided there is a benefit to the Area Benefit District(s). Enhancements or supplemental services may be in the form of streetscape improvements on public or private property; other beautification projects, including, but not limited to, commercial fagade improvements; transit, pedestrian, and bicycle infrastructure or wayfinding signage; the acquisition, leasing or construction of additional parking; extraordinary maintenance programs for public areas; creation or implementation of transportation mobility or parking management strategies, including, but not limited to, shared parking. Expenditures from the Area Benefit District Reserve may include all expenditures necessary or convenient to accomplish the purposes for which the funds are to be used. The purpose statement encompasses the purposes of the prior two reserve funds and funding would be established by City Council Resolution. Lastly, the proposed reserve would not be subject to Charter Section 1113 thereby allowing greater budgeting flexibility by the City Council. Program Four: Public Parking Fees On- Street Parking Fees The proposed ordinance (Attachment CC5) amends Section 12.44.020 that sets on- street parking meter fees. The current hourly fee in Balboa Village is $1.50 per hour and the meters operate between 8:00 a.m. and 6:00 p.m., daily. The amendment would set the following fees and no change is proposed to meter hours: Table 2 On- Street Parking Meter Fees Season Current fee Proposed Fee $1.00 per hour for the first two hours & Non -Peak $1.50 per hour $1.50 per hour for each additional hour Peak $2.00 per hour for the first two hours & hour for each additional hour The non -peak season will be defined as October 1st through April 30th each year consistent with the Coastal Commission's recent approval of parking fees for the Corona Del Mar beach parking lot. The two - tiered fee schedule will promote parking turnover near commercial businesses and the fee reduction for the first two hours during the non -peak season should promote increased use. The fee increase during the peak summer season will deter longer -term parking in proximity to businesses and incentivize use of the off - street public parking lots that will operate at lower hourly fees. Off - Street Parking Fees Off - street public parking is provided in six metered lots (A Street, B Street, Washington Street, Palm Street, Balboa metered lot, and the large Balboa Pier Lot) and parking fees are set by City Council Resolution. Currently, all lots charge $1.50 per hour and operate between 8:00 a.m. and 6:00 p.m. daily, with the exception of the Balboa Pier Lot. The draft resolution (Attachment CC6) reduces the non -peak season fee from $1.50 to $1.00 per hour to promote usage of the lots. The large Balboa Pier lot operates 24 hours per day, 365 days per year, and the proposal lowers the non - peak season fee from $1.50 to $1.00 per hour during the week. Weekend rates and other fees would remain unchanged. The fee change for the Balboa Pier parking lot is consistent with the recent Coastal Development Permit issued for the new pay stations and the Executive Director of the Coastal Commission will be informed of the fee changes as required by the conditions of the permit. The lowering of the fees during the non -peak season by $0.50 per hour would reduce revenues by approximately $115,000 based upon fiscal year 2013 -2014 revenues assuming no changes in the number of parked vehicles. This amount will be partly offset by increased fees for on- street meters during the peak season and an anticipated increase in parking due to the reduction in fees. Forecasting the effect of these changes on parking revenue is difficult as there is no reliable data on the duration of parking. Additionally, other parking fee changes and parking permits are proposed, which are described below, that introduce additional variables making an estimate impossible. That being said, staff believes increased revenue during the peak season will be higher than the decreased revenue during the non -peak season assuming no increase in parked vehicles. Increased parked vehicles will generally boost revenues; however, any increase will be affected by resident permits and the extent they visit the area. Attachment CC11 contains changes to Title 12 of the Municipal Code in a track changes format as summarized in this report. PROGRAM FIVE. Other Parking Programs and Permits Three additional items are enacted by the last proposed resolution (Attachment CC7). First, a commercial parking validation program is requested to support increased patronage within Balboa Village. The cost of the system would be the responsibility of the participating businesses so that City parking revenues would not be affected. Second, a two -hour resident parking permit within the Village is requested to incentivize increased resident patronage during the non -peak season. Newport Beach residents could purchase a parking pass for $16 per year that would allow free parking for up to two hours during the non -peak season. These two items promote resident access to the area and should help make Balboa Village more competitive with shopping centers on the peninsula that offer free parking. It should also make short trips to the Village more convenient for local residents. The third permit program is the establishment of a voluntary employee parking permit. Participating employers and employees could purchase permits that would allow them to park in City- designated parking areas. During the non -peak season, employees would park in the Balboa Pier Parking Lot and during the peak season, employees would park along the center median in Balboa Boulevard west of Medina Way. The cost of an annual employee parking permit would be $50 and a 4 -month seasonal 20 -7 4 -29 permit would be $25. The permit would not provide priority parking and not guarantee a parking space. Enforcement of the program would be through the City's existing license plate recognition system that would be linked to the permit. Summary The recommended proposals are designed to work together to support revitalization efforts within Balboa Village while managing existing parking resources more effectively in an intentional and balanced approach. The overnight resident parking permit program will require Coastal Commission approval and cannot be implemented until such time that a Coastal Development Permit is approved. After implementation, staff will monitor changes in land use and parking patterns to see if any adjustments are needed. If unintended consequences prove detrimental, staff will recommend further amendments if necessary. As summarized in the prior study session staff report, extensive public outreach was conducted by the Neighborhood Revitalization Committee, Citizens Advisory Panel, Planning Commission and City Council with the adoption of the Balboa Village Master Plan in 2012. Additional outreach was done through the efforts of the Balboa Village Advisory Committee, and the public was engaged through various survey efforts. In addition, public meetings were held with the Balboa Village Merchants Association and a separate public meeting was held focused on residents. The City has received several letters and emails commenting on the proposals (Attachment CC12), which have generally been very supportive. The proposed overnight resident parking permit program has garnered the most comments. Those comments generally fell into three areas. First, the area covered may be too large; second, residents should not have to pay a fee to park on a public street; and third, the hours of the proposed overnight resident parking permit program are too restrictive. To address these concerns, the RP3 will be implemented in two phases; the permit cost only covers the cost of administering the program and is consistent with other parking permit fees; and the hours may be adjusted by the California Coastal Commission. ENVIRONMENTAL REVIEW: 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 ( "CEQX) pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The amendment itself does not authorize development that would directly result in physical change to the environment. The amendment could indirectly lead to changes in use within existing buildings or minor additions to existing buildings. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes would be subject to existing zoning regulations that limit the size and use consistent with the General Plan. These changes are also subject to CEQA review on a project -by- project basis and 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. The ordinance establishing the overnight resident parking permit program is exempt from the CEQA pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as the only physical change to the environment will be the installation of new small regulatory signs within the existing developed public right - of -way to alert motorists of parking restrictions and no other changes to the streets, sidewalks or parking spaces is authorized. The actions related to establishing and modifying parking permits, parking fees, and the modified and new parking benefit districts are not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The ordinances and resolutions do not authorize development and only 20 -8 4 -30 establish parking permit programs, modifies and establishes parking fees, and lastly, the ordinance changing the parking benefit districts only changes the allocation of parking revenues for budgeting purposes and no physical change to the environment would result. NOTICING: Notice of this public hearing for Code Amendment No. 2014 -001 was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the proposed overlay district, and posted in six different places within the proposed overlay district at least 10 days prior to the meeting satisfying Municipal Code requirements. Notice of this hearing regarding the establishment of the overnight Resident Parking Permit Program was mailed to residents, property owners, and mooring permit holders within the affected area. Notice of this hearing regarding the increased parking fees and the new parking permit fees for the proposed employee parking permit program was published twice in the Daily Pilot as required by Government Code Sections 66018 and 6062a. +Description Attac .monf !Y`0 _ PC Rpgnl tinn Njo 1X47 Artanhmont !Y`11 _ Titip 12 Dorifin 20 -9 4 -31 Attachment CC5 Excerpt of Minutes from City Council Meeting November 25, 2014 4 -32 CITY OF NEWPORT BEACH MINUTE EXCERPT CITY COUNCIL REGULAR MEETING OF NOVEMBER 25, 2014 ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Hill, Mayor Pro Tern Selich Absent: None =. PUBLIC HEARINGS 20. Balboa Village Parking Management District and Resident Parking Permit Program (PA2014 -016) [100 -20141 Principal Planner Campbell provided a PowerPoint presentation to discuss public outreach, project location, surrounding areas, and details of the various programs. Council Member Gardner noted receiving a letter regarding shared parking and reported that the plan allows for shared parking, but does not mandate it. In response to Council Member Petros' question, Principal Planner Campbell reported that all of the programs will be monitored and that yearly evaluations will be conducted. Principal Planner Campbell also addressed programs that will require Coastal Commission review, public outreach, education, and open enrollment. Council Member Henn noted that this is Part 2 of a comprehensive and integrated plan providing funding and governance mechanisms that allow for Part 1 of the plan to move forward. He added that Part 2 is, in itself, an integrated plan and that all of the parts are interdependent. He addressed the parking fees for use in the area and reported that the fee revenues make the plan self - funding for six or seven years. He commented on the permit fee and acknowledged that all comments have not been favorable, but stressed that there has been a considerable effort to listen to the public. Mayor Hill opened the public hearing. Dominic Tordjmann expressed concern that apartment building owners have been overlooked since the plan does not allow for landlords or maintenance crews to obtain parking passes. He hoped that Council will consider the interests of area landlords and allow them to purchase parking permits so they can have access to their properties. Karl Durow objected to the inconvenience of the plan and suggested using hang tags. Marianne Zippi thanked staff for its work on this issue, but expressed concern with the residential permit program since residents will be forced to buy a permit in order to park in front of their homes. She believed that, anytime residents are forced to contribute funds to government, it is a tax. She added that the plan discriminates against residents of specific areas and referenced the Municipal Code related to residential permit parking, as well as the survey conducted by the City. She expressed the opinion that this Council should let the new Council address this issue. DRAFT Minutes Page 1 of 5 4 -33 Resident of 216 East Bay Avenue thanked Council for their service and noted that residents have not seen nor signed a petition regarding their desire for residential permit parking. He noted the need for increased transparency regarding this issue and asked that Council carefully analyze the matter. Lesley Miller noted the need for parking on the Peninsula and suggested encouraging off - Peninsula parking. She indicated that she would like the program expanded to include Peninsula Point. John Hooten expressed the opinion that the proposed parking programs will not solve existing parking problems. Deanna Schnabel spoke in support of the parking permit programs, believing that they are consistent with other urban beach communities, adheres to the consultant's recommendations, and addresses the year -round parking congestion that will follow the revitalization efforts that the City has invested in Balboa Village. W.R. Dildine expressed support for the programs and noted that the public has had the opportunity to respond to the proposed plans, but have not done so. He thanked Council for its efforts in the revitalization of the City. George Schroeder expressed concerns regarding expanding the program to the Peninsula Point area and noted the effects of the program to areas outside the parking permit boundaries. Jim Mosher noted the need for a similar program at the Newport Pier /McFadden Square area and referenced areas outside Balboa Village where suspension of programs are being proposed. Howard Hall commented on residential parking west of Adams Street and provided a history of the issue. He believed that, if this matter is approved, it will lead to more illegal parking in alleys. Allen Maxfield spoke in opposition to the proposed plan and believed that most residents are against it. Hearing no further testimony, Mayor Hill closed the public hearing. Council Member Henn clarified that the revenue stated is the parking revenue in the commercial area of Balboa Village and is not from the Tidelands parking lots, and is not the money being raised as a result of the parking permit fee. In response to Council Member Henn's question, Principal Planner Campbell addressed the survey and its results, and believed that the high percentage of those in support of the program is an indication that a majority of residents support it. Council Member Gardner stated that she is not a fan of permit parking and commented on unique conditions in Balboa Village. She wondered whether the survey was sufficient and suggested issuing another survey now that additional information is available. Council Member Petros commented on the permit fee and BVAC's request to set it as DRAFT Minutes Page 2 of 5 :III low as possible, noting that it is clearly not a revenue - generating effort. Council Member Daigle referenced the Municipal Code provisions relative to surveys, believing that it states 50% plus one of residents in the area, not 50% of residents who respond to the survey. She stated that the survey results must be carefully tracked. City Attorney Harp clarified applicable provisions of the Municipal Code, noting that findings must be made to the reasonable satisfaction of the City Council. One of the criteria is that a majority of residents be in support of a residential parking program. However, it is up to the discretion of Council to decide whether or not the majority has been reached. Council Member Henn noted that there was a certain amount of detail in the survey that was conducted. In response to his question, Principal Planner Campbell addressed the information in the survey that described the program, adding that the only thing that has changed in the survey is the decreased permit fee. Council Member Gardner asked whether Council will vote on the recommendations as a package or individually. City Attorney Harp indicated that Council may vote as it pleases. Council Member Henn confirmed that, while it is an integrated set of proposals, Council has the discretion to address each individually. Council Member Gardner expressed concern with the permit parking and whether the desire of the majority of residents has been reflected. Council Member Daigle agreed with Council Member Gardner's comments, adding that she does not see evidence that the majority of residents support the program. In response to her question, Principal Planner Campbell clarified what is being proposed relative to hang tags versus a license plate recognition system. Additionally, he explained the online system and noted that both systems could be implemented. In response to Mayor Hill's question, Council Member Henn noted that the program must go before the Coastal Commission. Principal Planner Campbell stated that staff believes there is enough information for implementation. Council Member Petros summarized the process, noting that the original intention was to incent new development in Balboa Village and revitalize the area. He addressed other revitalization efforts and reported that it was recognized that parking in the area was a hindrance to enhancing Balboa Village. He added that the money generated from the area stays in the area. He discussed the intention of the residential parking permit program. Motion by Council Member Petros, seconded by Council Member Gardner, to a) introduce Ordinance No. 2014 -20, An Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014 -016) (Program Two - Parking Management District Plan and Overlay District), and finding the action exempt from 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, and pass to second reading on January 13, DRAFT Minutes Page 3 of 5 4 -35 2015; b) introduce Ordinance No. 2014 -21, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014 -016) (Program Three - Parking Benefit District), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; c) adopt Resolution No. 2014 -101, A Resolution of the City Council of the City of Newport Beach, California Establishing Funding for the Area Benefit District Reserve (PA2014- 016) (Program Three - Parking Benefit District), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; d) introduce Ordinance No. 2014 -22, An Ordinance of the City Council of the City of Newport Beach Amending Section 12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016) (Program Four - Public Parking Fees (on- street)), finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015; e) adopt Resolution No. 2014 -102, A Resolution of the City Council of the City of Newport Beach, California Establishing a Revised Schedule of Parking Fees for Off - Street Parking Meter Zones 17 18, 23, 28, and 29 Located in Balboa Village (PA2014 -016) (Program Four - Public Parking Fees (off- street public lots)), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and fj adopt Resolution No. 2014 -103, A Resolution of the City Council of the City of Newport Beach, California Establishing a Parking Permit System for Balboa Village (PA2014 -016) (Program Five - Other Parking Programs and Permits), and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Council Member Petros reiterated the objective of the approved programs, but noted there is no protection for residents should the enhancement grow and strip parking from the area. He suggested directing staff to determine community desire for the residential parking permit program. Mayor Hill added that every time Council tries to solve a problem in one area, it potentially creates another problem in other areas. Council Member Gardner commented on the need to go before the Coastal Commission with definite findings, including resident support. Council Member Daigle noted the need to ensure that the Municipal Code provisions are being adhered to relative to the support of 50% plus 1 of residents, noting that currently, only 25% of residents support the program. DRAFT Minutes Page 4 of 5 G' c�� Motion by Council Member Henn to introduce Ordinance No. 2014 -19, An Ordinance of the City Council of the City of Newport Beach Amending Sections 12.68.040 and 12.68.060 of the Newport Beach Municipal Code Establishing the Balboa Resident Parking Permit Program on the Balboa Peninsula (PA2014 -016) (Program One - Residential Permit Parking Program (RP3)), and finding the action exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015. The motion died for lack of a second. Motion by Council Member Gardner, seconded by Council Member Daigle, to direct staff to come back with information on how to conduct an adequate survey. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill Noes: Council Member Henn DRAFT Minutes Page 5 of 5 4 -37 Attachment CC6 Advisory Ballot UBE Balboa Residential Parking Permit Program Advisory Ballot to the City Council Dear Resident, Property Owner, and Mooring Area C Permit Holder Residents of the Balboa Peninsula have historically experienced parking shortfalls. Late night or overnight parking demand from commercial uses within Balboa Village (east of Adams Street) and commercial boating uses are seen as contributing factors that reduce parking availability in the residential area to the west of Balboa Village between 7th Street and Adams Street. Residents from this area have proposed, and the Balboa Village Advisory Committee supports, the creation of an overnight Residential Parking Permit Program ( "RP3") to eliminate "spillover" commercial parking onto the nearby residential streets. If enacted, overnight parking on specified streets would require a permit. The program details are summarized on the advisory ballot to the City Council enclosed. The City is providing this advisory ballot to gauge resident support for the proposed permit program. Please carefully review the information on the ballot and submit the completed ballot in the enclosed self- addressed, stamped envelope by Friday, February 27, 2015. Please note that the program is subject to change based upon outcome of this balloting. If you have any questions or concerns, please contact me by phone or email. Thank you for your assistance. James Campbell, Principal Planner Community Development Department City of Newport Beach 949 - 644 -3210 1 Jcampbell(a�newportbeachca.gov UBRI Balboa Residential Parking Permit Program Advisory Ballot to the City Council / ♦ av P O 7`h Street / Island � � o Mooring N Area C Balboa Village CAV4 1 o Commercial Area Phase 2 ° 3 1, I @9 gVF. l "A ` R I A �Aelv07 BALSOA 9ly @E Phase 1 Fp•/ �T4v TE'O _I @°A el. Vp ,yC6� IN k O!pANp A @(yUE NGSl1 B `•1 O pp � ` ♦ ` NT k�f'Y E- @A( @pA ` P° 94A�f f. 2c� It =010 ♦ Y F , ♦ c • sic r' "anr a �M- Proposed Overnight Residential Permit Parking District Adams Street ¢ •° •.•` 0�570k ma~ Please complete and submit the enclosed advisory ballot in the self - addressed, stamped envelope provided by no later than Friday February 27, 2015 Thank you. MUS SEW PpR� Balboa Residential Parking Permit Program n Advisory Ballot C9CIFORH`P ((OWNER—FIRST)) ((OWNER—LAST)) ((MAIL—NUM)) ((MAIL—STREET)) cMAIL_CITY», ((MAIL—STATE)) ((MAIL—ZIP)) ((PARCEL —NO)) PROPOSED PREFERENTIAL PARKING ZONE: All public streets between 7th Street and Adams Street, except for on- street metered stalls at the median in Balboa Boulevard. See the map on the back of the enclosed letter. Phase 1 (Island Avenue to Adams Street) would be implemented first with Phase 2 (7th Street to Island Avenue) implemented after the successful implementation of Phase 1 and if deemed necessary. ELIGIBILITY: All residents within the proposed zone, including residents of Bay Island and Mooring Area C Permit Holders would be eligible to purchase permits. PARKING AVAILABILITY: A parking permit holder would not be guaranteed an on- street street parking space but would be allowed to park in the preferential parking zone during the posted hours wherever parking is available. HOURS: On- street parking restricted to valid permit holders between 4:OOPM — 9:OOAM, 7 days per week, excluding federal holidays. NUMBER OF PERMITS: Four (4) permits per household Six (6) overnight guest permits PERMIT TYPE: Non - transferable parking permits would be issued annually and may be a sticker affixed to a resident's vehicle; a rearview mirror hangtag; or linked to a vehicle's license plate number. The method of permit is to be determined. PERMIT COST: $16 for each annual permit $1 for each guest permit for each overnight period CHANGES: The program outlined in this advisory ballot, if adopted by the City, is subject to California Coastal Commission approval and may change. Please signify your support or opposition of the parking permit program described by checking one of the two following choices: SUPPORT F-1 OPPOSE F-1 I hereby certify that I live, own property, or hold a valid mooring permit within the proposed preferential parking zone: Signature: _ Name Printed: Date: Please return the advisory ballot in the self- addressed, stamped envelope by Friday, February 27, 2015. Thank you for your participation in this important project. •Sfu