HomeMy WebLinkAbout05 - Amending Title 21 (Local Coastal Program Implementation Plan) of the NBMC to Update Commercial Parking Requirements (PA2021-104)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 22, 2025
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Ordinance No. 2025-13: Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to
Update Commercial Parking Requirements (PA2021-104)
ABSTRACT:
On May 9, 2023, the City Council authorized the submittal of an amendment to Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(NBMC) to the California Coastal Commission. The amendment would modernize and
update certain requirements related to commercial parking, making Title 21 consistent
with changes already made in Title 20 (Planning and Zoning) of the NBMC.
On June 12, 2025, the CCC approved the Title 21 amendment, as submitted, without
suggested modifications. For the City Council's consideration is an ordinance amending
Title 21.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2025-13, An Ordinance of the City Council of the City of Newport Beach, California,
Approving a Local Coastal Program Amendment to Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Related to Commercial
Parking (PA2021-104), and pass to second reading on August 26, 2025.
DISCUSSION:
On May 9, 2023, the City Council introduced Ordinance No. 2023-6 (Attachment B) to
amend Title 20 (Planning and Zoning) of the NBMC updating commercial parking
requirements. At the same meeting, the City Council also adopted Resolution No.
2023-27, authorizing submittal of the Local Coastal Program Amendment filed as
PA2021-104 (Attachment C) to the California Coastal Commission (CCC) to similarly
5-1
Ordinance No. 2025-13: Amending Title 21 (Local Coastal Program Implementation
Plan) of the NBMC to Update Commercial Parking Requirements (PA2021-104)
July 22, 2025
Page 2
amend Title 21 (Local Coastal Program Implementation Plan). Ordinance No. 2023-6 was
adopted by the City Council on May 23, 2023.
The amendment primarily includes the following updates or changes to Title 21:
• Re -defining certain types of food service uses, including a new "fast casual" (up to
20 seats) land use;
• Revising the methodology for determining parking requirements for food service
uses utilizing gross floor area; and
• Allowing administrative reductions in parking requirements for specific scenarios,
such as when bicycle parking or parking spaces dedicated to ridesharing are
available.
A redline-strikethrough version of the proposed amendment is included for reference as
Attachment D.
Coastal Commission Action
On September 11, 2023, the City submitted the City Council's authorized Title 21
amendment to the CCC. On June 12, 2025, the CCC considered and approved the
amendment, as submitted, without suggested modifications. The CCC approval letter is
included as Attachment E.
If the City Council introduces the ordinance, it will be passed to second reading on
August 26, 2025, and would become effective immediately thereafter.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW -
Staff recommends the City Council find this action 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.
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
Local Coastal Program Amendment was made available, and a Notice of Availability was
originally distributed on April 10, 2023, to all persons and agencies on the Notice of
Availability mailing list.
5-2
Ordinance No. 2025-13: Amending Title 21 (Local Coastal Program Implementation
Plan) of the NBMC to Update Commercial Parking Requirements (PA2021-104)
July 22, 2025
Page 3
In addition, 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:
Attachment A
— Ordinance No. 2025-13
Attachment B
— Ordinance No. 2023-6
Attachment C
— Resolution No. 2023-27
Attachment D
— Redline -Strikeout Version
Attachment E
— Coastal Commission Approval Letter
5-3
Attachment A
Ordinance No. 2025-13
5-4
ORDINANCE NO. 2025-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING A LOCAL
COASTAL PROGRAM AMENDMENT TO TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
COMMERCIAL PARKING (PA2021-104)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, Section 30500 of the California 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, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development
permit -issuing authority on January 30, 2017;
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach certified Local Coastal Program
codified in Title 21 to be initiated by the City Council;
WHEREAS, the City Council conducted a study session on January 26, 2021,
regarding parking regulations and outdoor dining;
WHEREAS, at the conclusion of the session, the City Council provided direction
to evaluate modernizing the City's parking regulations including 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;
5-5
Ordinance No. 2025-
Page 2 of 4
WHEREAS, the City Council adopted Resolution No. 2021-121 on November
30, 2021, initiating code amendments to Title 20 (Planning and Zoning) ("ZC
Amendment") and Title 21 of the NBMC ("LCP Amendment") related to commercial
parking;
WHEREAS, the City hosted a virtual community meeting on September 7, 2022,
to share potential changes to the regulations related to parking;
WHEREAS, the Planning Commission conducted a study session on October
20, 2022, on potential updates to the NBMC, including bicycle -based reductions, shred -
mobility -based reductions, revised parking ratios, and administrative reductions by the
Community Development Director;
WHEREAS, the Planning Commission held a public hearing on April 20, 2023,
in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and
Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-019 by a unanimous vote (6 ayes, 0 nays)
recommending approval of the ZC Amendment and LCP Amendment to the City
Council;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, Subchapter 2, Article 5 (Public Participation) ("Section 13515"), drafts of the
LCP Amendment were made available, and a Notice of Availability was distributed at least
six weeks prior to the anticipated final action date;
WHEREAS, the City Council held a public hearing on May 9, 2023, in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of
time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing;
W
Ordinance No. 2025-
Page 3 of 4
WHEREAS, the City Council adopted Resolution No. 2023-27 on May 9, 2023,
authorizing the submittal of the LCP Amendment filed as PA2021-104 to the Coastal
Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, the City Council also adopted Ordinance No. 2023-6 on May 23,
2023, adopting the updates to Title 20 of the NBMC; and
WHEREAS, the California Coastal Commission approved the LCP Amendment
(LCP-5-NPB-23-0039-3 Part A [Non -Residential Parking Standards]) on June 12, 2025,
as a major amendment with no modifications, as a result, is deemed approved and
certified as part of Title 21.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The City Council hereby approves the LCP Amendment (PA2021-
104) to amend Title 21 of the NBMC 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 LCP Amendment (PA2021-104) will be carried out fully in
conformity with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases may be declared invalid or
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 defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
5-7
Ordinance No. 2025-
Page 4 of 4
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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 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 22nd day of July 2025, and adopted on the 26th day of
August 2025, by the following vote, to -wit:
AYES:
NAYS. -
ABSENT:
JOE STAPLETON, MAYOR
ATTEST:
MOLLY PERRY, INTERIM CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A,,, (-� U
RON C. HARP, CITY ATTORNEY
Attachments: Exhibit A — LCP Amendment (PA2021-104)
Exhibit B — Findings in Support of LCP Amendment (PA2021-104)
Fps
EXHIBIT "A"
LCP AMENDMENT (PA2021-104)
Section 1: A portion of Table 21.20-1 in Section 21.20.020 (Commercial Coastal
Zoning Districts Land Uses) of the NBMC is amended to read as follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—Not
Allowed
Land Use
CV-
Specific
See Part 7 of this Implementation Plan for land use
CC
CG
CM
CN
CV
LV
OG
Use
definitions.
(3)
(3)
(3)
Regulations
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
A
A
I A
A
Bars, Lounges, and Nightclubs
A
A
A
A
A
-—
Fast Food
A
A
A
A
A
A
A
Food Service
A
A
A
A
A
A
A
Take -Out Service —Fast -Casual (up to 20 seats)
A
A
A
A
A
A
A
Section 2: A portion of Table 21.22-1 in Section 21.22.020 (Mixed -Use Coastal
Zoning Districts Land Uses) of the NBMC is amended to read as follows:
Mixed -Use Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
MU_
See Part 7 of this Implementation Plan for land use
MU-V
MU
CV/15th
Specific Use
definitions.
(6)
MM
St.
Regulations
See Chapter 21.12 for unlisted uses.
(4)
(5)(6)
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
Fast Food
A
A
A
Food Service
A
A
A
Take -Out Service —Fast -Casual (up to 20 seats)
A
A
A
5-9
Section 3: Portions of Table 21.40-1 (Off -Street Parking Requirements) in Section
21.40.040 (Off -Street Parking Spaces Required) of the NBMC are amended to read as
follows:
TABLE 21.40-1
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
Section 4: Section 21.40.060 (Parking Requirements for Food Service Uses) of the
NBMC is stricken and removed in its entirety as follows:
21.40.060 Reserved.
Section 5: Section 21.40.110 (Adjustments to Off -Street Parking Requirements) is
amended as follows:
The number of parking spaces required by this chapter may be reduced only in
compliance with the following standards and procedures.
A. ADA Compliance. The Community Development Director may administratively
reduce parking requirements due to a loss of parking spaces because of ADA
requirements associated with tenant improvements.
B. Reduction of Required Off -Street Parking. Off-street parking requirements may
be reduced as follows:
5-10
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. 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
b. A parking management plan shall be prepared in compliance with
subsection (C) of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may
be reduced where two or more nonresidential uses on the same site or
immediately adjacent sites have distinct and differing peak parking demands
(e.g., a theater and a bank). The review authority may grant a joint use of
parking spaces between the uses that results in a reduction in the total
number of required parking spaces.
3. 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 review authority 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 end -of -trip
facilities for employees are provided on the same site they serve,
including, but not limited to showers and locker facilities.
4. Space for Shared Mobility. Required nonresidential off-street parking may be
reduced by up to ten percent in compliance with the following conditions:
5-11
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 signed 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.
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;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the
use of alternative transportation modes (e.g., ridesharing, carpools, vanpools,
public transit, shuttles, bicycles and walking) pursuant to Section 21.44.030
(Transportation Demand Management); and
6. Other appropriate mitigation measures.
D. 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.
E. Impact to Coastal Access Prohibited. No application for a reduction in the
number of off-street parking requirements shall be approved that impacts public
parking available for coastal access.
Section 6: The definition of "Take-out service, limited" in Section 21.70.020
(Definitions of Specialized Terms and Phrases) of the NBMC is amended as follows:
5-12
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.
5-13
EXHIBIT "B"
FINDINGS IN SUPPORT OF LCP AMENDMENT (PA2021-104)
An amendment to Title 21 (Local Coastal Program Implementation Plan) of NBMC is a
legislative act. There are no required findings for either approval or denial of such
amendments. Notwithstanding the foregoing, the LCP Amendment is consistent with the
City Council's initiation and is in furtherance of the Coastal Land Use Plan's Goals and,
specifically, the following Policies:
Policies:
1. 2.1.4-5.
Development shall be designed and planned to achieve high levels of architectural
quality and compatibility among on -site and off -site uses. Adequate pedestrian, non -
automobile and vehicular circulation and parking shall be provided.
2. 2.9.3-2.
Continue to require new development to provide off-street parking sufficient to serve
the approved use in order to minimize impacts to public on -street and off-street
parking available for coastal access.
3. 2.9.3-4.
Periodically review and update off-street parking requirements to ensure that new
development provides off-street parking sufficient to serve approved uses.
Fact in Support of Policies:
The LCP Amendment includes revisions to the parking requirements for some
commercial uses, including take-out service and full service eating and drinking
establishments (i.e., "restaurants"). The LCP Amendment leaves most other parking
requirements intact. The LCP Amendment further considers alternative modes of
transportation and encourages them through offering reduced parking requirements
when accommodations are provided.
5-14
Attachment B
Ordinance No. 2023-6
5-15
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;
';itv of Newport Bear 5_16
Ordinance No. 2023-6
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.
Citv of Newport Bear " 5_17
Ordinance No. 2023-6
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.
City of Newport Beach s,e
Ordinance No. 2023-6
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 9t" day of May, 2023, and adopted on the 23rd day of
May, 2023, by the following vote, to -wit:
AYES: Mayor Pro Tern O'Neill Council Member Avery Council Member
_Grant, Council Member Kleiman Council Member Stapleton Council
Member Weigand
NAYS:
RECUSED: Mayor Blom
ATTEST:
r
LEILANI I. BROWN, CITY CLERK �:� )>
r)
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachments: Exhibit A — Zoning Code Amendment (PA2021-104)
Exhibit B — Findings in Support of Zoning Code Amendment
(PA2021-104)
�itv of Newport Bea,- 5_19
EXHIBIT "A"
ZONING CODE AMENDMENT (PA2021-104)
The row entitled "Take -Out Service, Limited" in Table 2-4 of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC is
amended to read as follows:
Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-4
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section 20.52.020)
MUP
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 title 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 Food (no late hours) (1)(2)
P/MUP
P/MUP
—
—
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 Service (no late hours) (1)
MUP
MUP
MUP
MUP
Section 20.48.090
Food Service (with late hours) (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 20.48.090
(2)
5-20
II. The row entitled "Take -Out 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
CUP 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
Specific Use
use definitions.
CC
CG
CM
CN
CV
CV-LV
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)
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
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
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
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
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
(up to 20 seats) (2)
�.�ty of Newport Beach 5_21
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
CUP
Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT 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
MU-MM
MU
Specific Use
definitions.
MU-V
(6)
MU-DW
CV/15th
Regulations
St. (7)
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
Fast Food (no late hours) (4)(5)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Fast Food (with late hours) (4)
MUP
MUP
P/MUP
MUP
Section 20.48.090
Food Service (no late hours) (4)(5)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Food Service (with late hours) (4)
CUP
CUP
CUP
CUP
Section 20.48.090
Take -Out Service —Fast -Casual (up to 20
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
seats) (5)
City of Newport Beach s„
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
MUP(Section
20.52.020)
Limited Term Permit
LTP
(Section 20.52.040)
—
Not allowed
Land Use
MU-W1
Specific Use
See Part 7 of this title for land use definitions.
MU-W2
(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)
P/MUP
P/MUP
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)
P/MUP
P/MUP
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)
Fmup
P/MUP
I Section 20.48.090
City of Newport Beach s„
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
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.
VII. 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. ADA Compliance. The Director may administratively reduce parking
requirements due to a loss of parking spaces because of ADA requirements
associated with tenant improvements.
Citv of Newport F ,,,
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).
City of Newpoft Bea� 5_25
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;
C.Jtv of Np-,wpoft Bear 5_26
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.
City of Newport Beach s„
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).
Citv of Newpoft Bear ' S_Ze
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.
Pnliriac-
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.
';itv of Newport Bear 5_29
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.
City of Newport Beach
5-30
STATE OF CALIFORNIA }
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-6 was duly introduced on the 9th day of May, 2023, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 23rd day of May, 2023, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn
Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of May, 2023.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
900/ 4. *nwz
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-6 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: May 9, 2023
Adopted Ordinance: May 23, 2023
In witness whereof, I have hereunto subscribed my name this day of M5T, 2023.
<t
. n Leilani I. Brown, Mf C
Y City Clerk
�P City of Newport Beach, California
CgLs1""=0��
F Lq V
l-d Mal
5-31
Attachment C
Resolution No. 2023-27
5-32
RESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) 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, Section 30500 of the California 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, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -
issuing authority on January 30, 2017;
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;
5-33
Resolution No. 2023-27
Page 2 of 4
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;
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
21.62 (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;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; 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, Chapter 21.62 (Public Hearings) of the NBMC, and 14 CCR Section 13515.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
City of Newport Beach 534
Resolution No. 2023-27
Page 3 of 4
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Findings in Exhibit "B,"
both of which are attached hereto and incorporated by reference, to the California Coastal
Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program 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.
Section 6: 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.
City of Newport Beach 5.35
Resolution No. 2023-27
Page 4 of 4
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 9t" day of May, 2023.
/WAFf9COM
Mayor
ATTEST:
Leilarii I. Brown e
City Clerk c
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
�C
Aaron C. Harp
City Attorney
Attachments: Exhibit A — Local Coastal Program Amendment (PA2021-104)
Exhibit B — Findings in Support of Local Coastal Program
Amendment (PA2021-104)
City of Newport Beach
5-36
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2021-104)
The row entitled "Take -Out Service, Limited" in Table 21.20-1 of Section 21.20.020
(Commercial Coastal Zoning Districts Land Uses) of the NBMC is amended to read
as follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
CV-
Specific
definitions.
CC
CG
(3)
CN
(3)
LV
OG
Use
(3)
Regulations
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
A
A
A
A
Bars, Lounges, and Nightclubs
A
A
A
A
A
—
—
Fast Food
A
A
A
A
A
A
A
Food Service
A
A
A
A
A
A
A
Take -Out Service —Fast -Casual (up to 20 seats)
A
A
A
I A
I A
I A
I A
II. The row entitled "Take -Out Service, Limited" in Table 21.22-1 of Section 21.22.020
(Mixed -Use Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Mixed -Use Zoning Districts
TABLE 21.22-1
ALLOWED USES
AAllowed
—
Not Allowed
Land Use
MU_
See Part 7 of this Implementation Plan for land use
MU-V
CV/15th
Specific Use
definitions.
(6)
MM
St.
Regulations
(4)
See Chapter 21.12 for unlisted uses.
(5)(6)
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
Fast Food
A
A
A
Food Service
A
A
A
Take -Out Service —Fast -Casual (up to 20 seats)
A
A
A
7"I t\r III I V U Vu p o rt F.
5-3 7
III. The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 21.40-1 (Off -Street Parking Requirements) of
Section 21.40.040 (Off -Street Parking Spaces Required) of the NBMC are amended
to read as follows:
TABLE 21.40-1
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
IV. Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is
deleted in its entirety and replaced with the following:
21.40.060 Reserved.
V. Section 21.40.110 (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. ADA Compliance. The Community Development Director may administratively
reduce parking requirements due to a loss of parking spaces because of ADA
requirements associated with tenant improvements.
Citv of Newport F
5-38
B. Reduction of Required Off -Street Parking. Off-street parking requirements may be
reduced as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. 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
b. A parking management plan shall be prepared in compliance with
subsection (C) of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may
be reduced where two or more nonresidential uses on the same site or
immediately adjacent sites have distinct and differing peak parking demands
(e.g., a theater and a bank). The review authority may grant a joint use of
parking spaces between the uses that results in a reduction in the total number
of required parking spaces.
3. 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 review authority 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 end -of -trip
facilities for employees are provided on the same site they serve, including,
but not limited to showers and locker facilities.
City of Newport Bea(_' - 5.39
4. 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 signed 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.
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;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the
use of alternative transportation modes (e.g., ridesharing, carpools, vanpools,
public transit, shuttles, bicycles and walking) pursuant to Section 21.44.030
(Transportation Demand Management); and
6. Other appropriate mitigation measures.
D. 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.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number
of off-street parking requirements shall be approved that impacts public parking
available for coastal access.
0 itu of Newport Beam 5_40
The definition of "Take-out service, limited" in Section 21.70.020 (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.
City of Newport Beach s„
EXHIBIT "B"
FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2021-104)
An amendment to Title 21 (Local Coastal Program Implementation Plan) of NBMC is a
legislative act. There are no required findings for either approval or denial of such
amendments. Notwithstanding the foregoing, the Code Amendment is consistent with the
City Council's initiation and is in furtherance of the Coastal Land Use Plan's Goals and,
specifically, the following Policies:
Policies.
1. 2.1.4-5.
Development shall be designed and planned to achieve high levels of architectural
quality and compatibility among on -site and off -site uses. Adequate pedestrian, non -
automobile and vehicular circulation and parking shall be provided.
2. 2.9.3-2.
Continue to require new development to provide off-street parking sufficient to serve
the approved use in order to minimize impacts to public on -street and off-street
parking available for coastal access.
3. 2.9.3-4.
Periodically review and update off-street parking requirements to ensure that new
development provides off-street parking sufficient to serve approved uses.
Facts in Support of Policies:
The Code Amendment includes revisions to the parking requirements for some
commercial uses, including take-out service and full service eating and drinking
establishments (i.e., "restaurants"). The Code Amendment leaves most other parking
requirements intact. The Code Amendment further considers alternative modes of
transportation and encourages them through offering reduced parking requirements when
accommodations are provided.
City of Newport Beach 5_42
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. 2023-27 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 May, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant,
Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik
Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this loth day of May, 2023.
I I MR, I mi, N! , epi 01
Leilani I. Brown
City Clerk
Newport Beach, California
City of Newport Beach s„
Attachment D
Redline -Strikeout Version
5-44
REDLINE -STRIKEOUT VERSION
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
The row entitled "Take -Out Service, Limited" in Table 21.20-1 of Section 21.20.020
(Commercial Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Commercial Coastal Zoning Districts
TABLE 21.20-1
AAllowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for land use
CM
CV
CV
Specific Use
definitions.
CC
CG
(3)
CN
(3)
O
OG
Regulations
See Chapter 21.12 for unlisted uses.
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
A
A
A
A
Bars, Lounges, and Nightclubs
A
A
A
A
A
—
—
Fast Food
A
A
A
A
A
A
A
Food Service
A
A
A
A
A
A
A
Take -Out Service,','�ited—Fast-Casual (up to 20 seats)
A
I A I
A I
A
I A
I A
I A
The row entitled "Take -Out Service, Limited" in Table 21.22-1 of Section 21.22.020
(Mixed -Use Coastal Zoning Districts Land Uses) of the NBMC is amended to read as
follows:
Mixed -Use
Zoning Districts
TABLE 21.22-1
AAllowed
ALLOWED USES
—Not
Allowed
Land Use
MU_
See Part 7 of this Implementation Plan for land use
MU-V
MU
CV/15th
Specific Use
definitions.
(6)
4M
St.
Regulations
See Chapter 21.12 for unlisted uses.
(5)(6)
Eating and Drinking Establishments
Accessory Food Service (open to public)
A
A
A
Fast Food
A
A
A
Food Service
A
A
A
Take -Out Service, Lm*ted—Fast-Casual (up to 20 seats)
A
A
A
5-45
The rows entitled "Food Service with/without alcohol, with/without late hours" and
"Take -Out Service, Limited" in Table 21.40-1 (Off -Street Parking Requirements) of
Section 21.40.040 (Off -Street Parking Spaces Required) of the NBMC are amended to
read as follows:
TABLE 21.40-1
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
30 50 sn ft of not area
der public
i nclurding outdoor dining area 25 of the
area or 1 000 sq ft
interior net..
public
I.A.r 'See SeactiAn 21 nn ntin
i3iI
,h4cheyeLSs.
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—' irAiNzdFast-Casual (up to 20 seats)
1 per 250 sq. ft., including outdoor dining
areas
Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC is deleted
in its entirety and replaced with the following:
21.40.060 Parking Requirements for Food Service Uses Reserved.
- ---
- r
MY N 111 1" NO alllla�_
0. ■ -
5-46
d. The let design, inGluding the ef small
Gar spaGes, tandem
and
parking use
valet
parking and leading areas;
e availability of
dOGk sparse for beats; and
guest
fFXteR
2. OperatieRal CharaGteFiStiGG.
aa. The amount of fleer area deveted to Ii�iVe-oeRteptairnirRt
ncrtror daarnrni�Y,
h The amen ed��eteth�le
of alnehelin h `/ {
s•
p�„Ti-a,TTOQrT ,C-�TaTG�f�nG�7e4eTa�eT
G. The presenne of pool tables bog snreen televisions
or other attrantiens•
dThe hors of operation• and
,
e The evpented turnever rate
3 I onatien of the Establishment
Section 21.40.110 (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. ADA Compliance. The Community Development Director may administratively reduce
parking requirements due to a loss of parking spaces because of ADA requirements
associated with tenant improvements.
B. Reduction of Required Off -Street Parking. Off-street parking requirements may be
reduced as follows:
1. Reduced Parking Demand. Required off-street parking may be reduced in
compliance with the following conditions:
a. 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
5-4 7
nearby, on -street parking available, greater than normal walk in trade, mixed -use
development); and
b. A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
2. Joint Use of Parking Facilities. Required nonresidential off-street parking may be
reduced where two or more nonresidential uses on the same site or immediately
adjacent sites have distinct and differing peak parking demands (e.g., a theater and
a bank). The review authority may grant a joint use of parking spaces between the
uses that results in a reduction in the total number of required parking spaces.
3. 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
review authority 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 end -of -trip facilities for
employees are provided on the same site they serve, including, but not limited to
showers and locker facilities.
4. 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 contiauous feet of onsite
dedicated curb -space located entirely on private property; or
b. There is one off-street parking space designated and signed 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.
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;
4. Providing parking attendants and valet parking;
5. Utilization of transportation demand management strategies that promote the use of
alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit,
shuttles, bicycles and walking) pursuant to Section 21.44.030 (Transportation
Demand Management); and
6. Other appropriate mitigation measures.
D. 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.
E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-
street parking requirements shall be approved that impacts public parking available for
coastal access.
The definition of "Take-out service, limited" in Section 21.70.020 (Definitions of
Specialized Terms and Phrases) of the NBMC is amended to read as follows:
8. "Take-out service, 10motedFast-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. mcideRtal seating up tesox seats 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.
5-49
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and
frozen dessert stores, small delicatessens, small restaurants, and similar establishments.
5-50
Attachment E
Coastal Commission Approval Letter
5-51
June 27, 2025
City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request
No. LCP-5-NPB-23-0039-3 Part A (Non -Residential Parking Standards)
Dear Councilpersons:
You are hereby notified that, at its June 12, 2025 meeting, the Coastal Commission
approved as submitted Part A of LCP Amendment Request No. LCP-5-NPB-23-0039-3.
Therefore, Part A of the subject amendment request will be fully effective upon filing the
notice of the Commission's certification with the Secretary of the Resources Agency (as
provided by Public Resources Code Section 21080.5(d)(2)(v)). Thank you for your
cooperation and we look forward to working with you and your staff in the future.
Sincerely,
Chloe Seifert
Coastal Program Analyst II
5-52