HomeMy WebLinkAbout2019-37 - 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)RESOLUTION NO. 2019-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2017-001, ADDING THE BALBOA
VILLAGE PARKING MANAGEMENT PLAN OVERLAY
TO THE CERTIFIED LOCAL COASTAL PROGRAM, TO
THE CALIFORNIA COASTAL COMMISSION (PA2017-
046)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, the California Coastal Commission ("Coastal Commission") approved
the City of Newport Beach ("City") LCP Implementation Plan with suggested
modifications;
WHEREAS, on November 22, 2016, the City Council of the City adopted
Ordinance No. 2016-19, which adopted the LCP Implementation Plan with the Coastal
Commission's suggested modifications;
WHEREAS, the California Coastal Commission certified the City's LCP on January
13, 2017, and the City assumed coastal development permit -issuing authority on January
30, 2017;
WHEREAS, one of the suggested modifications deleted from the LCP
Implementation Plan was the Balboa Village Parking Management Overlay District;
WHEREAS, LCP Amendment No. LC2017-001 is necessary to incorporate the
Balboa Village Parking Management Overlay District into the City's certified LCP to
establish consistency with the City's Zoning Code;
WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on February 21, 2019, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with Newport Beach Municipal Code ("NBMC").
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing;
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 2019-006 by a vote of 4 ayes, 0 nays, 3 abstent, recommending City Council approval
of LCP Amendment No. LC2017-001 to the City Council;
Resolution No. 2019-37
Page 2 of 10
WHEREAS, a public hearing was held by the City Council on April 9, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the NBMC
and Section 13515 of the California Code of Regulations. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing; and
WHEREAS, pursuant to Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5,
Section 13515 of the California Code of Regulations, review drafts of LCP Amendment
No. LC2017-001 were made available and a notice of the availability was distributed a
minimum of six weeks prior the City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2017-001 to the California Coastal Commission for review and
approval, as attached in Exhibit A, and incorporated herein by reference.
Section 2: LCP Amendment No. LC2017-001 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council of the City of Newport Beach.
Section 3: The certified LCP, including the proposed amendment, will be carried
out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2019-37
Page 3 of 10
Section 6: Pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily
exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of
Regulations, Title 14, Division 6, Chapter 3 of the Coastal Act. Section 15265(a)(1)
exempts local governments from the requirements of preparing an environmental impact
report or otherwise complying with CEQA in connection with the adoption of a Local
Coastal Program.
. Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of April, 2019.
ATTEST:
ani .Brown
ity C erk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Rc
Aaron C. Harp
City Attorney
Diane B. Dixon
Mayor
Attachment: Exhibit A - LCP Amendment No. LC2017-001
Resolution No. 2019-37
Page 4 of 10
EXHIBIT "A"
1. Repeal and replace NBMC Section 21.28.030(A) to read as follows:
A. Parking Management District Plan Required. Each Parking Management (PM)
Overlay District shall have a parking management district plan reviewed by the
Commission and approved by the Council.
2. Amend NBMC Section 21.28.030 to add Section 21.28.030(E) to read as follows,
with all other provisions of Section 21.28.030 remaining unchanged:
E. Parking Management Overlay Districts Established. The parking management
district identified in this section and depicted in the referenced maps exhibits
adopted in Part 8 of Title 21 of the Municipal Code are established.
1. Balboa Village (PM -1). Balboa Village Parking Management Overlay
District applies to all property located within Balboa Village between the
Pacific Ocean, A Street, Newport Bay, and Adams Street, as depicted in the
map of PM -1 - Balboa Village Parking Management Overlay District
referenced in Section 21.80.035, or any successor section.
a. Purpose. The purposes of the Balboa Village Parking Management
Overlay District are as follows:
To protect and enhance the pedestrian -oriented, traditional
storefront character of Balboa Village by reducing
requirements for new off-street parking facilities and the need
for driveway curb cuts, traffic control devices and other
parking -related improvements that are disruptive to this
environment.
ii. To establish parking programs to adequately serve the
parking needs for Balboa Village and visitors to Balboa Pier
and adjacent beaches and parks.
iii. To modify the requirements of Chapter 21.40 (Off -Street
Parking), or any successor chapter, to reflect that Balboa
Village has a large supply of parking that is underutilized,
except during the busiest summer weekends.
Resolution No. 2019-37
Page 5 of 10
b. Coastal Development Permit Required. The parking management
district plan required by Section 21.28.030(A), or any successor
section, shall not become effective until the approval of a coastal
development permit by the City Council. The coastal development
permit shall implement the required parking management district
plan components contained in Section 21.28.030(E)(1)(c), or any
successor section. Any change to the parking management district
plan shall only be approved in compliance with Section 21.54.070
(Changes to an Approved Coastal Development Permit), or any
successor section.
C. Parking Management District Plan. The Balboa Village Parking
Management District Plan ("BVPMDP") shall include the following
components:
Existing Parking Facilities. The BVPMDP shall provide
sufficient public parking spaces to meet the parking demand
generated by visitors to the commercial district, Balboa Pier
and adjacent beaches and parks. The BVPMDP shall include
the six (6) public parking lots within or near the District: 1) A
Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm
Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In
addition, the BVPMDP shall include a small number of on -
street parking spaces along Balboa Boulevard, Palm Street,
and Bay Avenue. The BVPMDP shall maintain the bulk of
spaces in these public parking facilities; however, should the
need arise, the City may modify, add, or remove parking
spaces to ensure safe and efficient operations and to meet
parking demand.
ii. Planned Parking Facilities. Due to the high cost of land
acquisition and construction and the underutilization of
existing parking, additional off-street parking facilities are not
necessary to meet the demand of existing uses. Parking
demand shall be monitored and evaluated by the City to
determine whether additional District parking is necessary,
economical, appropriate, and desirable. The City may acquire
or lease parking facilities to make them available to the public.
Resolution No. 2019-37
Page 6 of 10
iii. Required Off -Street Parking.
(A) Non-residential Uses. No off-street parking shall be
required for any new non-residential use or
intensification of an existing non-residential use,
except for the following uses, as defined by Chapter
21.70 (Definitions), or any successor chapter:
Assembly/Meeting Facilities, Commercial Recreation
and Entertainment, Cultural Institutions, all Marine
Services Uses, Schools, and Visitor Accommodations.
Uses that require off-street parking shall provide said
spaces in accordance with Chapters 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(B) Residential Uses. Residential uses shall provide
parking in accordance with Chapters 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(C) Preservation of Existing Off-street Parking. Existing
off-street parking spaces on a development site shall
be preserved unless the elimination of spaces is
authorized by the approval of a coastal development
permit application.
(D) Shared Parking for Non-residential Uses.
Notwithstanding the requirement of Title 21 of this
Code that off-street parking be reserved for the use it
serves, the shared use of parking is allowed and
encouraged. Shared parking shall be subject to the
following requirements:
(1) Required Off-street Parking. When required,
parking for non-residential uses may be
satisfied by leasing nearby parking spaces at
off-site locations within 1,250 feet of the parcel
it serves. Development on multiple parcels with
reciprocal access agreements is considered
one site for parking purposes. If the spaces are
required or otherwise leased to other uses, the
Resolution No. 2019-37
Page 7 of 10
hours of operation shall not significantly overlap.
The distance between the parking facility and
the use it serves shall be measured along public
walkways from the closest portion of the parking
facility to the main entrance of the use. The
leasing of off-site parking to satisfy required
parking shall be maintained in perpetuity when
the use requires it and may only be discontinued
if the use is discontinued.
(2) Excess Parking. Parking that is not necessary
to satisfy off-street parking requirements may be
leased to other uses or made available to the
general public.
(3) Parking within Mixed-use Buildings. Parking
for different uses within a new, mixed-use
building may be shared subject to the review
and approval of a coastal development permit
application.
(4) Parking Reduction. The reduction of required
parking associated with a shared parking
arrangement shall be subject to the review and
approval of the Director when in compliance
with the following conditions:
(a) Shared parking spaces are within 1,250
feet as described in Section
21.28.030(E)(1)(c)(iii)(D)(1), or any
successor section.
(b) There is no significant overlap in the
hours of operation or peak parking
demand of the uses sharing the parking.
(c) The use of the shared parking facility will
not create traffic hazards or impacts to
surrounding uses.
Resolution No. 2019-37
Page 8 of 10
(d) The property owners involved in the
shared parking facilities provide a binding
agreement or other legal instrument
assuring the joint use of the parking
facilities subject to the satisfaction of the
Director.
(e) The Director may require the preparation
and implementation of a parking
management program for the
development site to address potential
parking conflicts.
(5) Section 21.40.110(A)(2) (Joint Use of Parking
Facilities), or any successor section, does not
apply to the Balboa Village Parking
Management Overlay District.
(E) Private Parking Facilities Available to the General
Public. Non-residential, off-street parking facilities are
encouraged to be made available to the general public,
even if the parking facility is required for existing
developments. Subject to City Council review and
approval, the City may enter into an agreement with the
property owner for the use and/or management of the
parking facility. Allowing general public access to
private off-street parking facilities shall not affect the
property's conformance with its required off-street
parking. The agreement should, at a minimum,
address the hours of availability for use by the general
public, signage, maintenance, duration of agreement,
and liability.
iv. Suspension of In -lieu Parking. Uses within the Balboa
Village Parking Management Overlay District shall not be
eligible for in -lieu parking pursuant to Section 21.40.130 (In -
Lieu Parking Fee), or any successor section. The requirement
that existing uses within the Balboa Village Parking
Management Overlay District participate in the in -lieu parking
permit program shall be discontinued as of the effective date
of the BVPMDP.
Resolution No. 2019-37
Page 9 of 10
V. Voluntary Employee Parking. The BVPMDP shall include a
voluntary Balboa Village Employee Permit Program that will
include reduced fees and designated parking locations for
employee parking during specified hours.
vi. User Groups. The BVPMDP shall provide sufficient parking
to meet the needs for Balboa Village and visitors to Balboa
Pier and adjacent beaches and parks, while taking into
consideration time of use and seasonal demand variations.
Parking shall be convenient and easily accessible for all user
groups.
vii. Parking Restrictions. Restrictions on time of use and
duration of parking shall be implemented to optimize use of
existing parking spaces. Such restrictions may include
variable pricing as a means to meet target occupancy levels,
generate an appropriate level of turnover and encourage the
use of alternative transportation.
viii. Wayfinding Program. The BVPMDP shall include a
wayfinding program to direct visitors to parking facilities,
pedestrian and bicycle access routes and important
destinations. The wayfinding program may include the display
of real-time availability data information by signage or by
mobile phone applications.
A. Alternative Transportation. The BVPMDP shall
accommodate and encourage the use of alternative
transportation, including, but not limited to, the following:
(A) Non -motorized use of the Balboa Island Ferry;
(B) The Newport -Balboa Bike Trail;
(C) Bus parking in the Balboa Pier Main Lot;
(D) Public bicycle racks at street ends and other locations
determined by the Public Works Director; and
(E) The accommodation of trolley/shuttle and ride -sharing
services.
Resolution No. 2019-37
Page 10 of 10
3. Amend NBMC Section 21.70.020(B) to add a definition for "Balboa Island Ferry" to read
as follows, with all other provisions of 21.70.020(B) remaining unchanged:
"Balboa Island Ferry" means the ferry service connecting Balboa Island with the Balboa
Peninsula.
4. Amend NBMC Section 21.70.020(B) to add a definition for "Balboa Pier Main Lot" to read
as follows, with all other provisions of 21.70.020(8) remaining unchanged:
"Balboa Pier Main Lot" means the public park lot adjacent to the Balboa Pier, located
between Adams Street and A Street.
5. Amend NBMC Section 21.70.020(N) to add a definition for "Newport -Balboa Bike Trail'
to read as follows, with all other provisions of 21.70.020(N) remaining unchanged:
"Newport -Balboa Bike Trail" means the system of bike lanes and paths from the Santa Ana
River to West Jetty Park and generally depicted on the Bikeways and Trails Map of the
Coastal Land Use Plan.
6. Amend NBMC Chapter 21.80 to add Section 21.80.035 to read as follows and include
the "PM -1 Balboa Village Parking Management Plan Overlay District" map as shown
as Exhibit 1.2, with all other provisions of Chapter 21.80 remaining unchanged:
21.80.035 - Parking Management Overlay District Maps.
PM -1 - Balboa Village Parking Management Overlay District
7. Amend the Coastal Zoning Map found in NBMC Section 21.14.010 to include the
"PM -1" overlay district symbol to Balboa Village area as shown as Exhibit 1. 1, with
all other provisions of the Coastal Zoning Map remaining unchanged.
a
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-37 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 9th day of April, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem
Will O'Neill, Mayor Diane Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of April, 2019.
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Leil I. Br n
Cit Jerk
Newport Beach, California
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