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Home My WebLink About04 - Code Amendment Updating Commercial Parking Requirements (PA2021-104)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report May 23, 2023 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253, bzdeba@newportbeachca.gov TITLE: Ordinance No. 2023-6: A Code Amendment Updating Commercial Parking Requirements (PA2021-104) For the City Council's consideration is the adoption of Ordinance No. 2023-6 to amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code updating nonresidential parking requirements. The proposed changes include removing "net public area" from food service parking requirements, updating the "take-out service" definition to "fast -casual" with up to 20 seats, allowing the Community Development Director to reduce parking requirements by up to 20 percent based on a study, reducing parking requirements when bicycle parking is provided in high -demand areas, and reducing parking requirements when a designated ride -share space is available. The attached ordinance was introduced and considered at the May 9, 2023 City Council meeting. RECOMMENDATIONS: a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2023-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Commercial Parking (PA2021-104). DISCUSSION: The proposed amendment to Title 20 and Title 21 of the NBMC removes "net public area" from food service parking requirements, updates the "take-out service" definition to "fast -casual" with up to 20 seats, allows the Community Development Director to reduce parking requirements by up to 20 percent when evidence is provided by an applicant that is acceptable to the City Traffic Engineer, reduces parking requirements when bicycle parking is provided in high -demand areas, and reduces parking requirements when a designated ride -share space is available. 4-1 Ordinance No. 2023-6: Code Amendment Updating Commercial Parking Requirements May 23, 2023 Page 2 On May 9, 2023, the City Council introduced Ordinance No. 2023-6 to update commercial parking requirements, including amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). During the public hearing one member of the public spoke to suggest minor edits and to express a concern about the similarities between take-out service —fast -casual and fast food. At the conclusion of the public hearing, the City Council adopted Resolution No. 2023-27 for the amendment to Title 21 and introduced Ordinance No. 2023-6 for the amendment to Title 20. If Ordinance No. 2023-6 is adopted, it would become effective 30 calendar days after adoption. California Coastal Commission Review (Title 21 Amendments) The amendment to Title 21 will not become effective until approval by the California Coastal Commission (CCC). Upon approval by the CCC, staff will return to the City Council with an ordinance adopting the amendment. The revised commercial parking requirements will not apply in the Coastal Zone until such time. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council finds the adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. 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). ATTACHMENT: Attachment A —Ordinance No. 2023-6 4-2 Attachment A Ordinance No. 2023-6 M ORDINANCE NO. 2023- 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO COMMERCIAL PARKING (PA2021-104) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, on January 26, 2021, the City Council conducted a study session regarding parking regulations and outdoor dining; WHEREAS, at the conclusion of the session, the City Council provided direction to study potential updates to the City's parking regulations to modernize them, to address emerging trends such as rideshare and delivery services and identify other changes to support the retention of expanded outdoor dining due to the COVID-19 pandemic; WHEREAS, the City retained a parking consultant, Nelson\Nygaard, to help study best practices and returned to a City Council study session on November 30, 2021, to share some of the initial findings; WHEREAS, the City Council adopted Resolution No. 2021-121 initiating a code amendment to Title 20 (Planning and Zoning) of the NBMC ("Code Amendment") and Title 21 of the NBMC ("Local Coastal Program Amendment") related to commercial parking; WHEREAS, on September 7, 2022, the City hosted a virtual community meeting to share potential changes to the regulations related to parking; WHEREAS, on October 20, 2022, the Planning Commission conducted a study session to discuss and provide input and direction to City staff on the identified potential updates to the NBMC, including bicycle -based reductions, shared -mobility -based reductions, revised parking ratios, and administrative reductions by the Community Development Director; Ordinance No. 2023- Page 2 of 4 WHEREAS, a duly noticed public hearing was held on April 20, 2023, 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution Nos. PC2023-019 and PC2023-020 by a unanimous vote (6 ayes — 0 nays), recommending approval of the Zoning Code Amendment and Local Coastal Program Amendment to the City Council; and WHEREAS, a duly noticed public hearing was held on May 9, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council does hereby approve the Code Amendment as set forth in Exhibit "A," based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Ordinance No. 2023- Page 3 of 4 Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. on Ordinance No. 2023- Page 4 of 4 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 shall be effective thirty (30) calendar 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 911 day of May, 2023, and adopted on the 23rd day of May, 2023, by the following vote, to -wit - AYES: NAYS: ABSENT: NOAH BLOM, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7 C - ff C..." AMR N C. HARP, CITY ATTORNEY Attachments: Exhibit A — Zoning Code Amendment (PA2021-104) Exhibit B — Findings in Support of Zoning Code Amendment (PA2021-104) 4-7 Commercial Office Zoning Districts. . Permit Requirements* P Permitted by Right.. ; :. - - TABLE 2=4- :. Conditi_onal'Use Permit.. .ALLOWED USES AND- PERMIT. REQUIREMENTS CUP (Section 20.52.020) MU_P Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) Not allowed *: . Land Use :. Specific Use . see Part 7.of:this t tie.for land use -definitions:. CIA:- OG OM OR Regulations See Chapter 20.12 for unlisted uses.: = Eating and Drinking Establishments Accessory Food Service (open -to public)- P P .` P P Section 20.48:090 Bars, Lounges, and. Nightclubs CUP. — — CUP-:, Section 20.48.090 Fast Foo.d':(no 1ate_hours).(1.)(2). P/MUP PIMUP„ = -. Section 20.48:090 .Fast.Food (with late hours) (1) -- MUP .. MUP - : - .Section 20.48.090 Food Service (no alcohol, no late hours)-(1)(2)` P/MUP P/MUP' P/MUP, P/MUP Section 20.48.090 Food Service0o late.hours).(1).. MUP MUP.' MUP, MUP - .Section 20.48.090 Food Service (with late hoursj.(1) CUP. CUP. CUP', CUP:. Section 20.48.090 ..Take-Out.Service=Fast-Casual (up to 20 seats) P/MUP P/MUP P/MUP P/MUP Section 20.49.090 ll. The row entitled "Take -Cut Service, Limited" in Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is amended to read as follows: Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND PERMIT CLIP Conditional Use Permit (Section 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. CC CG CM CN CV CV-LV Specific Use Regulations See Chapter 20.12 for unlisted uses. Eating and Drinking Establishments Accessory Food Service (open to P P P P P P Section 20.48.090 public) Bars, Lounges, and Nightclubs CUP CUP CUP CUP CUP — Section 20.48.090 Fast Food (no late hours) (1)(2) PIMUP PIMUP PIMUP PIMUP PIMUP PIMUP Section 20.48.090 Fast Food (with late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090 Food Service (no alcohol, no late PIMUP PIMUP PIMUP PIMUP PIMUP PIMUP Section 20 48.090 hours) (1)(2) Food Service (no late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090 Food Service (with late hours) (1) CUP CUP CUP CUP CUP CUP Section 20.48.090 Take -Out Service —Fast -Casual PIMUP PIMUP PIMUP PIMUP PIMUP PIMUP Section 20.48.090 (up to 20 seats) (2) III. The row entitled "Take -Out Service, Limited" in Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of the NBMC is amended to read as follows: Mixed -Use Zoning Districts Permit Requirements P Permitted by Right TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited term Permit (Section 20.52.040) — Not Allowed Land Use See Part 7 of this title for land use MU-MM MU Specific Use definitions. MU-V (6) MU-DW CVI15th Regulations st. (7) See Chapter 2"1 for unlisted uses. Eating and Drinking Establishments Accessory Food Service (open to public) P P P P Section 20.48.090 Fast Food (no late hours) (4)(5) PIMUP PIMUP PIMUP PIMUP Section 20,48.090 Fast Food (with late hours) (4) MUP MUP PIMUP MUP Section 20,48.090 Food Service (no late hours) (4)(5) PIMUP PIMUP PIMUP PIMUP Section 20,48.090 Food Service (with late hours) (4) CUP CUP CUP CUP Section 20.48.099 Take -Out Service —Fast -Casual (up to 20 PIMUP PIMUP PIMUP PIMUP Section 20.48.090 seats) (S) 4-10 IV. The row entitled Take -Out Service, Limited in Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of the NBMC is amended to read as follows: Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit TABLE 2-9 (Section 20.52.020) ALLOWED USES AND PERMIT REQUIREMENTS Minor Use Permit M U P (Section 20.52.020) Limited Term Permit LTP (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. MU-W1 MU W2 Specific Use (5)(6) Regulations See Chapter 20.12 for unlisted uses. Eating and Drinking Establishments Accessory Food Service (open to public) P P Section 20,48.090 Fast Food (no late hours) (3)(4) PIMUP PIMUP Section 20.48.090 Fast Food (with late hours) (3) MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (3)(4) PIMUP PIMUP Section 20.48.090 Food Service (no late hours) (3) MUP MUP Section 20.48.090 Food Service (with late hours) (3) CUP CUP Section 20.48.090 Take -Out Service —Fast -Casual (up to 20 seats) (3) (4) PIMUP j PIMUP Section 20.48.090 4-11 V. The rows entitled "Food Service with/without alcohol, with/without late hours" and "Take -Out Service, Limited" in Table 3-10 (Off -Street Parking Requirements) of Section 20.40.040 (Off -Street Parking Spaces Required) of the NBMC is amended to read as follows: TABLE 3-10 OFF-STREET PARKING REQUIREMENTS Land Use I Parking Spaces Required Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area, whichever is greater Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Food Service with/without alcohol, with/without late hours 1 per 100 sq, ft., and 1 per 150 sq. ft. for outdoor dining areas Food Service —Fast food 1 per 50 sq. ft., and 1 per 100 sq, ft. for outdoor dining areas Take -Out Service —Fast -Casual (up to 20 seats) 1 per 250 sq. ft., including outdoor dining areas Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit VI. Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC is deleted in its entirety and replaced with the following: 20.40.060 Reserved. Vll. Section 20.40.110 (Adjustments to Off -Street Parking Requirements) is amended to read as follows: The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures. A. AAA Compliance. The Director may administratively reduce parking requirements due to a loss of parking spaces because of AAA requirements associated with tenant improvements. 4-12 B. Reduction of Required Off -Street Parking. Residential and nonresidential off- street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and in compliance with the following conditions: 1. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed -use development); and 2. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). C. Parking Management Plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority: 1. Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off -site parking in compliance with Section 20.40.100 (Off -Site Parking); 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. D. Reduction of Required Off -Street Parking by Director. Nonresidential off-street parking requirements may be reduced by a maximum of 20 percent with the approval of the Director using any combination of the following: 1. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed -use development). 4-13 2. On -Site Bicycle Facilities. Required nonresidential off-street parking may be reduced where there is a demonstrated use of bicycles as a mode of transportation. The Director may reduce the number of required parking spaces by one space for every three bicycle parking spaces provided on the same site they serve, up to five percent of the total requirement in compliance with the following conditions: a. The applicant has provided sufficient evidence to substantiate that there exists a demand for bicycle parking; and b. The bicycle parking spaces are located completely within the private property they serve. c. An additional five percent reduction may be allowed when enhanced end - of -trip facilities are provided on the same site they serve, including, but not limited to showers and locker facilities. 3. Space for Shared Mobility. Required nonresidential off-street parking may be reduced by up to ten percent in compliance with the following conditions: a. Exclusive of curb space needed for emergency access purposes (e.g., a fire lane), the development includes at least 20 linear and contiguous feet of onsite dedicated curb -space located entirely on private property; or b. There is one off-street parking space designated and with proper signage for the use of shared -mobility vehicles and/or pick-up/drop off located on private property and on the same site it is intended to serve. E. Joint Use of Parking Facilities. Required nonresidential off-street parking may be reduced where two (2) or more nonresidential uses on the same site have distinct and differing peak parking demands (e.g., a theater and a bank). The Director may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces in compliance subject to the following conditions: 1. The most remote space is located within a convenient distance to the use it is intended to serve; 2. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; 4-14 3. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand; 4. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; and 5. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). F. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the applicant's expense. The definition of "Take-out service, limited" in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC is amended as follows: 8. "Take-out service —Fast -casual" means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off -site consumption; b. Customers order and pay for food at either a counter or service window; c. No more than a total of 20 seats, including seats in interior areas and seats in outdoor dining areas, may be provided for on -site consumption of food or beverages; and d. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, small restaurants, and similar establishments. 4-15 EXHIBIT "B" FINDINGS IN SUPPORT OF ZONING CODE AMENDMENT (PA2021-104) An amendment to Title 20 (Planning and Zoning) of NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Zoning Code Amendment is consistent with the City Council's initiation and is in furtherance of the General Plan's Goals and, specifically, the following Policies: Policies: 1. LU 5.3.6 (Parking Adequacy and Location). Require that adequate parking be provided and is conveniently located to serve tenants and customers. 2. LU 6.2.5 (Neighborhood Supporting Uses). Requires uses shall be designed to ensure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. 3. CE 8.1.1 (Required Parking). Require that new development provide adequate, convenient parking for residents, guests, business patrons, and visitors. 4. CE 8.1.11 (Parking Requirements for Pedestrian -Oriented and Local -Serving Uses). Consider revised parking requirements for small scale neighborhood serving commercial uses in areas that derive most of their trade from walk-in business, especially where on -street or other public parking is available. Fact in Support of Policies: The Code Amendment includes revisions to the parking requirements for take-out service and full service eating and drinking establishments (i.e., "restaurants"). The Code Amendment leaves all other parking requirements intact. Policies: 1. LU 6.8.4 (Shared Parking Facilities). 4-16 Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. 2. LU 6.16.4 (Shared Parking Facilities). Work with property owners and developers to encourage more efficient use of parcels for parking that can be shared by multiple businesses. 3. LU 6.20.2 (Shared Parking Structures). Accommodate the development of structures that provide parking for multiple businesses along the [Corona del Mar] corridor, provided that the ground floor of the street frontage is developed for pedestrian -oriented retail uses. 4. CE 8.1.9 (Shared Parking Facilities). Consider allowing shared parking in mixed use and pedestrian oriented areas throughout the City. Fact in Support of Policies: The Code Amendment would allow the Community Development Director to administratively allow shared parking for multiple businesses when there is a clear and demonstrated offset in operational hours. Policies: 1. CE 6.1.4 (Rideshare Vehicles). Monitor the volume and proliferation of on demand rideshare services (e.g., Uber and Lyft) and respond with appropriate level of design guidance and regulation of curbside uses (including loading zone) and parking lot utilization. 2. CE 7.1.5 (Facilities for Alternative Modes). Require new development projects to provide facilities commensurate with the development type and intensity to support alternative modes, such as preferential parking for carpools, bike racks, bike stations, bicycle lockers, showers, commuter information areas, rideshare vehicle loading areas, water transportation docks, and bus stop improvements. 3. CE 8.1.2 (Parking Considerations of Rideshare Vehicles). Develop parking demand statistics that consider the efficiency of rideshare services and the potential for reduction in parking requirements. 4-17 Fact in Support of Policies: The Code Amendment considers alternative modes of transportation and encourages them through offering reduced parking requirements when onsite accommodations are provided. SM