HomeMy WebLinkAbout06 - 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
August 26, 2025
Agenda Item No. 6
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:
For the City Council's consideration is the second reading and adoption of Ordinance No.
2025-13, which amends Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code (NBMC) to 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. This ordinance was introduced at the
City Council meeting on July 22, 2025. If adopted, the ordinance will become effective
immediately.
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) Conduct second reading and adopt 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).
DISCUSSION:
On May 9, 2023, the City Council introduced Ordinance No. 2023-6 to amend Title 20 of
the NBMC updating commercial parking requirements. Concurrently, the City Council also
adopted Resolution No. 2023-27, authorizing submittal of the Local Coastal Program
Amendment filed as PA2021-104 to the California Coastal Commission (CCC) to similarly
amend Title 21. Ordinance No. 2023-6 was adopted by the City Council on May 23, 2023,
but Title 21 remained pending CCC approval. The proposed changes affecting Title 21
included:
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Ordinance No. 2025-13: Amending Title 21 (Local Coastal Program Implementation
Plan) of the NBMC to Update Commercial Parking Requirements (PA2021-104)
August 26, 2025
Page 2
• 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.
On June 12, 2025, the CCC considered and approved the Local Coastal Program
Amendment, as submitted, without suggested modifications.
At its meeting on July 22, 2025, the City Council introduced Ordinance No. 2025-13 to
formally amend Title 21, and it is now presented for City Council adoption. If adopted, the
ordinance will become effective immediately, as there were no suggested modifications
and the City Council already held a public hearing on the matter on May 9, 2023.
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:
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. 2025-13
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Attachment A
Ordinance No. 2025-13
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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;
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;
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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.
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)
M
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
:s
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:
Me
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:
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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:
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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.
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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.
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