Loading...
HomeMy WebLinkAbout12 - Balboa Pier parking Rate ModificationCITY OF NEWPORT BEACH City Council Staff Report March 11, 2014 Agenda Item No. 12. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director— (949) 644 -3123, dmatusiewicz @newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager PHONE: (949) 644 -3153 TITLE: Balboa Pier Parking Rate Modification (to Comply with Coastal Development Permit No. 5 -13 -0506 to Install Automated Pay Stations); Corrections to Corona del Mar Parking Lot Rates ABSTRACT: An amendment to Resolution No. 2013 -33 to modify holiday parking rates at Balboa Pier Parking Lot for Memorial Day, Fourth of July and Labor Day. The proposed amendment also clarifies the holiday parking rates for recreational vehicles and buses at the Corona del Mar State Beach Parking Lot and delegates authority to the City Manager to modify the Balboa Pier Parking Lot parking rates annually by no more than 25 %, and not to exceed 50% over 3 consecutive years. RECOMMENDATION: Adopt Resolution No. 2014 -16, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 2013 -33 to Modify the Parking Rates for the Balboa Pier Parking Lot and Correct the Holiday Rates for Corona del Mar State Beach Parking Lot, to: a) Modify the parking rates for Zone 29, Balboa Pier Parking Lot, for Memorial Day, Fourth of July and Labor Day to: Automobiles - $2.00 /hour, $20.00 /day maximum Motorcycles - $1.25 /hour, $12.50 /day maximum Recreational Vehicles - $2.00 /hour, $20 /day maximum, per parking space occupied Buses - 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate b) Delegate authority to the City Manager to review and modify the Balboa Pier Parking Lot parking rates annually and that any fee increase or decrease shall be limited to no more than 25% per year and shall not exceed 50% over a 3 -year consecutive period; and 164 c) Clarify the parking rates for Zone 30, Corona del Mar State Beach Parking Lot for Memorial Day, Fourth of July and Labor Day to: Automobiles - $25 /daily flat rate Motorcycles - $12.50 /daily flat rate Recreational Vehicles - $25.00 /daily flat rate per parking space occupied Buses - 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 /daily flat rate FUNDING REQUIREMENTS: The net revenue decrease associated with this Resolution is estimated to be less than $15,000 per year. DISCUSSION: On February 26, 2013, the City Council approved Budget Amendment 13 -034 for the acquisition and installation of 23 automated pay stations ( "Pay Stations ") for use at Balboa Pier Parking Lot and Corona del Mar State Beach Parking Lot. On January 8, 2014, the California Coastal Commission approved Coastal Development Permit ( "CDP ") No. 5 -13- 0506 for the installation of 11 Payment Stations at the Balboa Pier Parking Lot with the following Special Conditions related to parking fees: 1. Provide hourly rates (up to $1.50 /hour) seven days a week; 2. Allow flat rate day use parking fee ($15 maximum) per day year- round, except the holidays indicated below; 3. Revise the holiday parking flat -rate for the Memorial Day, Fourth of July and Labor Day holidays so that it does not exceed a maximum of $20 flat -rate per space occupied; and 4. Revise the proposed holiday parking flat -rate to include an hourly -rate option during the Memorial Day, Fourth of July and Labor Day holidays with the hourly -rate not to exceed $2 /hour on those holidays. City Council Resolution No. 2013 -33 already establishes a $1.50 /hour rate, seven days /week, with a $15 per day maximum year -round parking rate; therefore the City fully complies with CDP Special Conditions Numbers 1 and 2. In order to comply with CDP Special Conditions Numbers 3 and 4, staff proposes revising the current parking rates for Memorial Day, Fourth of July and Labor Day from: Automobiles — $25.00 /daily flat rate Motorcycles — $12.50 /daily flat rate Recreational Vehicles — $25.00 /daily flat rate, per parking space occupied Buses — 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate Down to: Automobiles - $2.00 /hour, $20.00 /day maximum Motorcycles — $1.25 /hour, $12.50 /day maximum 165 Recreational Vehicles — $2.00 /hour, $20 /day maximum, per parking space occupied Buses — 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate. The California Coastal Commission also indicated that fees may be reduced or eliminated at any time; however, any changes that exceed the maximums specified in the CDP's Special Conditions shall be reported to the Executive Director to determine whether an amendment or new coastal development permit is required. The Commission also provided that any fee increase of 25% or more in any given year, or 50% or more on a cumulative basis over any three consecutive year period, would require an amendment to the permit or the issuance of a new permit. In order to ensure that rates continue to be appropriate, staff proposes that the City Council authorize the City Manager to annually review and adjust the parking rates if warranted, and that any fee increase or decrease shall not exceed 25% per year, or 50% over any three consecutive year period. As an example, and to put this authority in context of the current rate structure of $1.50 /hour up to a daily maximum of $15.00 per day, the maximum amount the City Manager could increase or decrease this rate structure is 37.5 cents /hour which could also affect the daily maximum by $3.75. When rates are in the $1.50 /hour range, a 17% increase would equate to an increase to an hourly rate by 25 cents. All fee increases would be reported to the Coastal Commission Executive Director. Staff has contacted two members of the Balboa Village Advisory Committee ( "BVAC ") to make them aware of the proposed changes. At the City Council meeting of February 25, 2014, Mayor Pro Tern Selich stated a concern about CDP Special Condition #5. Currently, Condition #5 requires the City to submit to the Coastal Commission a sign program for the proposed new pay stations prior to the issuance of the CDP. The Special Condition also states that the signs "shall not indicate or suggest that the beach itself is closed at any time nor indicate or suggest a prohibition of public access to state waters for recreational activities after the parking lots have closed." Mr. Selich said that this could be interpreted by the Commission to begin controlling signage relating to when the beach or beach parking lot was open or closed to the public. Staff respects Mr. Selich's caution in this regard, and followed up directly with Coastal Commission staff to clarify the Condition. The Coastal Commission staff confirmed that this required sign program is applicable only to the new signs associated with the new parking pay stations. The existing signage in the Balboa Pier Parking Lot is not subject to this Special Condition. Mr. Selich also inquired later as to whether the pay station technology itself is being passed by "pay by cell" and license plate recognition (LPR) devices. While it is true that LPR technology (which will be used by the City's contractor in these lots) will be used to determine payments, staff believes that we are not yet at a point with our customer base where every customer has full access to smart phones and billable accounts that will make payment by cell usable by 100% of our customers. But we do believe that it will come over time. In the meantime - and likely for the next 4 -5 years - these pay stations will provide the maximum amount of customer service use with the highest convenience and greatest efficiency to our parking management system. Regarding the Corona del Mar State Beach parking lot, Resolution No. 2013 -33 incorporated the parking rates as set forth by Resolution No. 2010 -40, but inadvertently 166 identified the holiday parking rates for Recreational Vehicles and Buses as $100 /daily flat rate and "N/A," respectively. The established parking rates for Recreational Vehicles and Buses during Memorial Day, Fourth of July and Labor Day for Zone 30, Corona del Mar State Beach Parking Lot should be: Recreational Vehicles — $25.00 /daily flat rate per parking space occupied Buses — 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 /daily flat rate City staff has confirmed that no Recreational Vehicles or Buses were incorrectly charged on the Memorial Day, Fourth of July or Labor Day holidays following the adoption of 2013 -33 but the established rates within the Resolution should be corrected to reflect our practice. 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). ATTACHMENTS: Name. ❑ 02 -11 -14 Reso Balboa Parking Lot v 2 Wed 19.docx ❑ 02 -11 -14 Balboa pier parking Att B.odf ❑ 02 -11 -14 Balboa offer parking Att C.odf ❑ 02 -11 -14 Rase Balboa Pier Resolution 2013 -33 redline Att D.docx ❑ 02 -11 -14 Balboa pier parking Att E Coastal Commission 01 -14- 14 Notice of Intent to Issue Permit.indf ❑ Balboa Lot Pay Station and Sign Plan.pdf Description: Resolution No. 2014 - Resolution No. 2013 -33 Resolution 2010 -40 Redline version of Resolution No. 2013 -33 California Coastal Commission Notice of Intent Balboa Lot Pay Station and Sign Plan 167 ATTACHMENT A RESOLUTION NO. 2014 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 2013 -33 TO MODIFY THE PARKING RATES FOR THE BALBOA PIER PARKING LOT AND CORRECT THE HOLIDAY RATES FOR CORONA DEL MAR STATE BEACH PARKING LOT WHEREAS, the City of Newport Beach ( "City ") currently operates manned parking lots at the Balboa Pier and the Corona del Mar State Beach; WHEREAS, ON February 26, 2013, the City Council approved Budget Amendment 13 -034 for the acquisition and installation of a total of 23 automated pay stations — 11 at the Balboa Pier Parking Lot and 12 at the Corona del Mar State Beach Parking Lot; WHEREAS, California Vehicle Code Section 22508 authorizes the City to establish rates of fees for parking meter zones and allows the rate of fees to be variable based upon criteria identified by the City; WHEREAS, the City Council adopted Resolution No. 2013 -33 on April 9, 2013, which established off - street parking meter Zone 29 for the Balboa Pier Parking Lot and adopted a rate schedule as previously adopted by City Council in Resolution 2010 -40; WHEREAS, Resolution No. 2013 -33 is unclear as to the holiday rates for Recreational Vehicles and Buses and should be clarified; WHEREAS, on January 8, 2014, the California Coastal Commission approved Coastal Development Permit No. 5 -13 -0506, for the installation of pay stations at the Balboa Pier Parking Lot only, subject to standard and special conditions which necessitate the amendment of Balboa Pier Parking Lot holiday parking rates. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: Section 3 of Resolution No. 2013 -33 is hereby modified as follows: Rates for Zone 29 on Memorial Day, Fourth of July and Labor Day Automobiles - $2.00 /hour, $20.00 /day maximum Motorcycles — $1.25 /hour, $12.50 /day maximum Recreational Vehicles — $2.00 /hour, $20 /day maximum per parking space occupied Buses — 10 -24 passengers - $50 /flat rate 25+ passengers - $100 /flat rate ME Such rates shall apply only on the actual holiday dates, and do not apply to the holiday week or the holiday weekend. City Manager may annually increase or decrease Zone 29 hourly and daily maximum parking rates by no more than 25 %, not to exceed 50% in 3 consecutive years. Any increase shall be reported to the Executive Director of the California Coastal Commission. Section 2: The Parking Management Plan for Zone 29 shall consist of the rates presented in Section 3 and the hours of operation in Section 5 of Resolution 2013- 33. Section 3: Section 4 of Resolution No. 2013 -33 is hereby modified to clarify the holiday rates for Recreational Vehicles and Buses, as follows: Rates for Zone 30 on Memorial Day. Fourth of July and Labor Day Automobiles - $25.00 /daily flat rate Motorcycles — $12.50 /daily flat rate Recreational Vehicles — $25.00 /daily flat rate, per parking space occupied Buses — 10 -24 passengers - $50 /flat rate 25+ passengers - $100 /flat rate Section 4: The City Council finds that the modification of parking meter fees 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. Section 5: This resolution shall take effect for Zone 29 following its adoption by the City Council and upon the installation of the first automated pay station in Zone 29. The City Clerk shall certify the vote adopting this resolution. 169 Adopted this _ of _2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk 170 ATTACHMENT B RESOLUTION NO. 2013 -33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING OFF - STREET PARKING METER ZONES FOR THE BALBOA PIER PARKING LOT AND THE CORONA DEL MAR STATE BEACH PARKING LOT AND RESCINDING RESOLUTION NO. 2010 -40 WHEREAS, the City of Newport Beach ( "City ") currently operates manned parking lots at the Balboa Pier and the Corona del Mar State Beach (a.k.a., Big Corona); WHEREAS, the City is improving efficiency and modernizing its parking lot operations through the installation of parking payment centers; WHEREAS, California Vehicle Code Section 22508, Vehicle Code Section 32 and Newport Beach Municipal Code Section 12.44.030 authorize the City to establish off - street parking meter zones by resolution; WHEREAS, California Vehicle Code Section 22508 further authorizes the City to establish rates of fees for parking meter zones and allows the rate of fees to be variable based upon criteria identified by the City; WHEREAS, the City Council previously adopted Resolution No. 2010 -40 which established rate schedules for the Balboa Pier and the Corona del Mar State Beach parking lots; and WHEREAS, the City Council desires to incorporate the rate schedules adopted by Resolution No. 2010 -40 into this resolution and repeal Resolution No. 2010 -40. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: Traffic and parking conditions require that the following off - street parking meter zones designated in Section 2 be established, and that parking payment centers be installed and maintained in such zones except where the City Traffic Engineer determines that the presence of parking payment centers would interfere with the flow of traffic in said zones or the use thereof. Section 2: The following off - street parking meter zones are hereby established: 171 Zone 29: The City -owned parking lot southerly of Ocean Front between Adams Street and Main Street, commonly known as the Balboa Pier Parking Lot. Zone 29 is depicted in Exhibit "A ", which is attached hereto and incorporated by reference. Zone 30: The parking lot located at the Corona del Mar State Beach, which is under the City's control through an Operating Agreement between the City and the State of California dated August 1, 1999, as may be hereafter amended or renewed. Zone 30 is depicted in Exhibit "B ", which is attached hereto and incorporated by reference. Section 3: The following fees for parking in Zone 29 are hereby established: Automobiles — $1.50 /hour, $15.00 /day maximum Motorcycles — $0.75 /hour, $7.50 /day maximum Recreational Vehicles — $1.50 /hour, $15.00 /day maximum, per parking space occupied Buses — 10 -24 passengers - $50.00 /daily flat rate 25+ passengers - $100.00 /daily flat rate Rates for Zone 29 on Memorial Day. Fourth of July and Labor Day Automobiles - $25.00 /daily flat rate Motorcycles — $12.50 /daily flat rate Recreational Vehicles — $100.00 /daily flat rate Buses — N/A Section 4: The following fees for parking in Zone 30 are hereby established: Automobiles - $15.00 /daily flat rate Motorcycles — $7.50 /daily flat rate Recreational Vehicles — $15.00 /daily flat rate, per parking space occupied Buses — 10 -24 passengers - $50.00 /daily flat rate 25+ passengers - $100.00 /daily flat rate Rates for Zone 30 on Memorial Day, Fourth of July and Labor Day Automobiles - $25.00 /daily flat rate Motorcycles — $12.50 /daily flat rate Recreational Vehicles — $100.00 /daily flat rate Buses — N/A 172 Section 5: The hours of operation for parking payment centers and the associated parking zones are hereby established: Zone 29: 24 hours a day, 365 days a year. Zone 30: 6:00 a.m. to 10:00 p.m. daily. Section 6: The City Manager is authorized to waive any of the aforementioned fees established herein when a special event of a charitable or civic nature is being held and it is in the best interest of the City and the general public that fees not be charged for the use of any such parking lot in connection with said special event. Section 7: Resolution No. 2010 -40 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A REVISED SCHEDULE OF RATES FOR THE BALBOA PIER PARKING LOT AND THE CORONA DEL MAR PARKING LOT AND RESCINDING RESOLUTION NO. 2004 -43" is hereby rescinded for the Balboa Pier Parking Lot on the effective date for Zone 29 indicated in Section 9 of this resolution and for the Corona Del Mar State Beach Parking Lot on the effective date for Zone 30 indicated in Section 9 of this resolution. Section 8: The City Council finds that the establishment of parking meter zones 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. Section 9: This resolution shall take effect for Zone 29 following its adoption by the City Council and the installation of the first parking payment center in Zone 29. This resolution shall take effect for Zone 30 following its adoption by the City Council and the installation of the first parking payment center in Zone 30. The City Clerk shall certify the vote adopting this resolution. Adopted this 9th of April 2013. D. Curry 0 Leilani I. E City Clerk Attachments: (1) Exhibit "A "— Depiction of Zone 29 (2) Exhibit "B "— Depiction of Zone 30 i 173 0 50 700 Feet C,�Ii�;l � � l�,l III I'lu r v T `i u � " AST t TT _ 1 !a• i ,m Balboa Pier Parking lot'_ Gry alNrvyan Brad GR O1fm ai, 2013 174 IM x Q � / h 1 OCEAN BLVD _ W CDM MA N BEACH RAM � I 2 I 0 50 loo Feet Corona Del Mar Parking Lot 175 m x 3 +s A STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2013 -33 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the gch day of April, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 111h day of April, 2013. Vgp4i ^C_ 1t/'OYYt'� City Clerk Newport Beach, California (Seal) 176 ATTACHMENT C RESOLUTION NO. 2010-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A REVISED SCHEDULE OF RATES FOR THE BALBOA PIER PARKING LOT AND THE CORONA DEL MAR PARKING LOT AND RESCINDING RESOLUTION NO. 2004 -43 WHEREAS, the City maintains and operates parking lots at the Balboa Pier and the Corona del Mar State and City Beach Park; and WHEREAS, the City Council of the City of Newport Beach adopted Resolution No. 2004 -43 which establishes, among other things, rate schedules for the Balboa Pier Parking Lot and the Corona del Mar State and City Beach Parking Lot; and WHEREAS, the City Council desires to establish new fees for parking in the Balboa Pier Parking Lot and the Corona del Mar State and City Beach Parking Lot. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. The City Manager shall determine the days upon which parking control shall be maintained and evaluate whether there is sufficient demand for the use of said lots to justify providing a parking attendant, or activating an automatic parking gate. 2. For each date that parking control is maintained, the following fees shall be charged for the use of said lots: Balboa Pier Parking Lot Automobiles - $1.50 /hour, $15.00 /day maximum Motorcycles — $0.75 /hour, $7.50 /day maximum Recreational Vehicles — $1.50 /hour, $15 /day maximum, per . parking space occupied Buses — 10 -24 passengers - $50.00 /flat rate 25+ passengers - $100.00 /flat rate Corona del Mar State and City Beach Parking Lot Automobiles - $15.00 /day flat rate Motorcycles — $7.50 /day flat rate 177 Recreational Vehicles — $15.00 /day flat rate, per parking space occupied Buses — 10 -24 passengers - $50.00 /flat rate 25+ passengers - $100.00 /flat rate Rates for both Parking Lots for Memorial Day, Fourth of July and Labor Day Automobiles - $25.00 /day Motorcycles — $12.50 /day Recreational Vehicles — $25.00 /day flat rate per parking space occupied Buses — 10 -24 passengers - $50.00 /flat rate 25+ passengers - $100.00 /flat rate 3. The City Manager is authorized to waive any of the aforementioned fees established herein when a special event of a charitable or civic nature is being held and it is in the best interests of the City and the general public that fees not be charged for the use of any such parking lot in connection said special event. BE IT FURTHER RESOLVED THAT Resolution No. 2000 -18 is hereby rescinded. Adopted this 27th of April 2010. ATTEST: City Clerk Mayor 178 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 resolution, being Resolution No. 2010 -40 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Gardner, Mayor Curry Noes: None Absent: Webb, Daigle Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of April, 2010. City Cler Newport Beach, California (Seal) 179 ATTACHMENT D RESOLUTION NO. 2013-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING OFF - STREET PARKING METER ZONES FOR THE BALBOA PIER PARKING LOT AND THE CORONA DEL MAR STATE BEACH PARKING LOT AND RESCINDING RESOLUTION NO. 2010 -40 WHEREAS, the City of Newport Beach ( "City ") currently operates manned parking lots at the Balboa Pier and the Corona del Mar State Beach (a.k.a., Big Corona); WHEREAS, the City is improving efficiency and modernizing its parking lot operations through the installation of parking payment centers; WHEREAS, California Vehicle Code Section 22508, Vehicle Code Section 32 and Newport Beach Municipal Code Section 12.44.030 authorize the City to establish off - street parking meter zones by resolution; WHEREAS, California Vehicle Code Section 22508 further authorizes the City to establish rates of fees for parking meter zones and allows the rate of fees to be variable based upon criteria identified by the City; WHEREAS, the City Council previously adopted Resolution No. 2010 -40 which established rate schedules for the Balboa Pier and the Corona del Mar State Beach parking lots; and WHEREAS, the City Council desires to incorporate the rate schedules adopted by Resolution No. 2010 -40 into this resolution and repeal Resolution No. 2010 -40. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: Traffic and parking conditions require that the following off - street parking meter zones designated in Section 2 be established, and that parking payment centers be installed and maintained in such zones except where the City Traffic Engineer determines that the presence of parking payment centers would interfere with the flow of traffic in said zones or the use thereof. Section 2: The following off - street parking meter zones are hereby established: MN Zone 29: The City -owned parking lot southerly of Ocean Front between Adams Street and Main Street, commonly known as the Balboa Pier Parking Lot. Zone 29 is depicted in Exhibit "A ", which is attached hereto and incorporated by reference. Zone 30: The parking lot located at the Corona del Mar State Beach, which is under the City's control through an Operating Agreement between the City and the State of California dated August 1, 1999, as may be hereafter amended or renewed. Zone 30 is depicted in Exhibit "B ", which is attached hereto and incorporated by reference. Section 3: The following fees for parking in Zone 29 are hereby established: Automobiles — $1.50 /hour, $15.00 /day maximum Motorcycles — $0.75 /hour, $7.50 /day maximum Recreational Vehicles — $1.50 /hour, $15.00 /day maximum, per parking space occupied Buses — 10 -24 passengers - $50.00 /daily flat rate 25+ passengers - $100.00 /daily flat rate Rates for Zone 29 on Memorial Day. Fourth of July and Labor Day Automobiles - $25.00idall , flat r ° +° $2.00 /hour. $20 /dav maximum Motorcycles — $12.59idaffil , fl;;t Fate $1.25 /hour. $12.50 /dav maximum Recreational Vehicles — $100 00 /d mly flat Fate $2.00 /hour, $20 /day maximum, per parking space occupied Buses — WA 10 -24 passengers - $50 /flat rate: 25+ passengers - $100 /flat rate Such rates shall apply only on the actual holiday dates, and do not apply to the holiday week or the holiday weekend. City Manager may annually increase or decrease Zone 29 hourly and daily maximum parking rates by no more than 25 %. not to Section 4: The following fees for parking in Zone 30 are hereby established: Automobiles - $15.00 /daily flat rate Motorcycles — $7.50 /daily flat rate 181 Recreational Vehicles — $15.00 /daily flat rate, per parking space occupied Buses — 10 -24 passengers - $50.00 /daily flat rate 25+ passengers - $100.00 /daily flat rate Rates for Zone 30 on Memorial Day. Fourth of July and Labor Day Automobiles - $25.00 /daily flat rate Motorcycles — $12.50 /daily flat rate Recreational Vehicles — $100 00Maily flat rate $25.00/day flat rate per parking space occupied Buses — WA 10 -24 passengers - $50.00 /flat rate: 25+ passengers - $100.00 /flat rate Section 5: The hours of operation for parking payment centers and the associated parking zones are hereby established: Zone 29: 24 hours a day, 365 days a year. Zone 30: 6:00 a.m. to 10:00 p.m. daily. Section 6: The City Manager is authorized to waive any of the aforementioned fees established herein when a special event of a charitable or civic nature is being held and it is in the best interest of the City and the general public that fees not be charged for the use of any such parking lot in connection with said special event. Section 7: Resolution No. 2010 -40 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A REVISED SCHEDULE OF RATES FOR THE BALBOA PIER PARKING LOT AND THE CORONA DEL MAR PARKING LOT AND RESCINDING RESOLUTION NO. 2004 -43" is hereby rescinded for the Balboa Pier Parking Lot on the effective date for Zone 29 indicated in Section 9 of this resolution and for the Corona Del Mar State Beach Parking Lot on the effective date for Zone 30 indicated in Section 9 of this resolution. Section 8: The City Council finds that the establishment of parking meter zones 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. Section 9: This resolution shall take effect for Zone 29 following its adoption by the City Council and the installation of the first parking payment center in Zone 29. This resolution shall take effect for Zone 30 following its adoption by the City Council 182 and the installation of the first parking payment center in Zone 30. The City Clerk shall certify the vote adopting this resolution. Adopted this gch of April 2013. Keith D. Curry Mayor ATTEST: Leilani I. Brown City Clerk Attachments: (1) Exhibit "A "— Depiction of Zone 29 (2) Exhibit "B "— Depiction of Zone 30 183 ATTACHMENT E STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 oceangate, Suite 1000 Date: January 14, 2014 Long Beach, CA 90802 -4302 it Application I (562) 590 -5071 pp ication No.:5- 13 -WIVeo e4. Page 1 of 5 . COMMUNITY NOTICE OF INTENT TO ISSUE PERMIT JAN 21 :t (Upon satisfaction of special conditions) 0 DEVELOPME7v T THIS IS NOT A COASTAL DEVELOPMENT PttMf THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ( "CDP "). A Coastal Development Permit for the development described. below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the aoolicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all of the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On January 8, 2014, the California Coastal Commission approved Coastal Development Permit No. 5 -13 -0506, requested by the City of Newport Beach subject to the attached conditions, for development consisting of: Installation of eleven (11) electronic automated payment machines (APMs) at ten (10) locations and associated signage (18 "x12 ") on ten (10) new 12' tall metal posts adjacent to each new pair station and additional informational signage on thirteen,(13) 10' tall metal posts on- sidewalks and in landscaped planters or on existing light standards within the Balboa Pier beach public parking lot. More specifically described in the application file in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: 711 East Ocean Front (Balboa Pier Parking Lot), Newport Beach, (Orange, i NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 14, 2014 Permit Application No.:5 -13 -0506 Page 2 of 5 If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5 -13 -0506, please contact the Coastal Program Analyst identified below. Sincerely, CHARLES LESTER Executive Director B y: Liliana Roman Coastal Program Analyst The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind WE NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 14, 2014 Permit Application No.:5 -13 -0506 Page 3 of 5 all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: Revised City Resolution /Parking Management Program. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval,.. a Parking. Management Program a nd revised City Resolution in substantial conformance with City Resolution 2013 -33 establishing parking meter zones and parking rates for the Balboa Pier Beach Parking Lot, modified as follows: 1) As proposed, provide hourly rates (up to $1.50 /hour) seven days a week. 2) As proposed, allow flat -rate day use parking fee ($15 maximum) per day year -round (except as allowed in sub -part "3" below of this special condition); 3) The proposed holiday parking flat -rate for the Memorial Day, 4th of JUIy and Labor Day holidays shall be revised not to exceed a maximum $20 flat -rate fee per space occupied and clarify that the holiday parking flat - rate applies only on the actual holiday and not the entire holiday week or holiday weekend; 4) Revise the proposed holiday parking flat -rate to also include an hourly -rate option during the Memorial Day, 4th of July and Labor Day holidays with the hourly -rate not to exceed $2 /hour,on, those, holidays;. in no case, shall a visitor paying hourly rates pay in excess of the holiday flat -rate day use fee; 5) Fees may be reduced or eliminated at any time; however, any changes that would exceed the maximums set forth in this application shall be reported to the Executive Director to determine whether an amendment or new coastal development permit is required. Specific consideration should be given to reduced fees during off -peak periods. Agreement Regarding Future Fee Changes. With the acceptance of this permit the applicant agrees that any change in the rate charged for parking or method of fee collection will require Executive Director review to determine if an amendment to the permit or a new permit will be required. Any proposed changes to the approved project, including but not limited to a fee increase of 25% or more in any given year or 50% or more on a cumulative basis over any MD. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 14, 2014 Permit Application No.:5 -13 -0506 Page 4 of 5 three consecutive year period or new development, shall require an amendment to the permit or a new permit. The permittee shall undertake the development authorized by the approved coastal development permit. No changes to the plans or the development authorized in this coastal development permit shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. Future Improvements. This permit is only for the development described in Coastal Development Permit No. 5- 13- 05.06. Except as provided in Public Resources Code section 30610 and applicable regulations, any future development as defined in PRC section 30106, including, but not limited to, a change in the density or intensity of use land, as specified in Special Condition2, shall require an amendment to Permit No. 5 -13 -0506 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. 4. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris. The permittee shall comply with the following construction - related requirements: (a) No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to wave erosion and dispersion; (b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (c) Best Management Practices.((BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and /or runoff of construction- related materials, and to contain sediment or contaminants associated with construction activity, shall be implemented prior to the on -set of such activity. BMPs and GHPs which shall be implemented include, but are not limited to: stormdrain inlets must be protected with sandbags or berms, all stockpiles must be covered, and a pre- construction meeting should be held for all personnel to review procedural and BMP /GHP guidelines. Selected BMPs shall be maintained in a functional condition throughout the duration of the project. (d) Construction debris and sediment shall be properly contained and secured on site with BMPs, to prevent the unintended transport of sediment and other debris into coastal waters by wind, rain or tracking. Construction debris and sediment shall be removed from construction areas as necessary to prevent the accumulation of sediment and other debris which 187 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 14, 2014 Permit Application No.:5 -13 -0506 Page 5 of 5 may be discharged into coastal waters. Debris shall be disposed at a debris disposal site outside the coastal zone. 5. Submittal of Final Signage Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a final sign program for the proposed new parking pay stations. The plan shall demonstrate the proposed location for the signage and shall not result in the direct placement of signage poles in sandy beach areas. 2. The plan shall include, at a minimum, the following components: sign material, dimensions, appearance, and clearly legible wording, etc. 3. Signs shall not indicate or suggest that the beach itself is closed at any time nor indicate or suggest a prohibition of public access to state waters for recreational activities after the parking lots have closed. 4. The plan shall demonstrate that poles, signs and machines are placed and oriented to minimize impacts on public views of the water. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ED Balboa Lot A ■ A 01 ram OCEAVfRWI E or r o 0 �iO n � 1�1 1 w��lf•a� e''���F'� �� O© nt O N n, } "A" pay station marker signs to be installed adjacent to pay stations on a 12 -foot "Unisrut" post. "B" and "C" reminder signs to be placed on 10 -foot "Unisrut" posts on sidewalks and in landscaped planters or on existing light standards. 48"z it a' x 11., 18° ■ u•. 1r =,r ATTACHMENT P A Y r -_,- - —� 1rx1r Y ".1: W.W 1 11.6' M9