HomeMy WebLinkAbout04 - Balboa Village Parking Management and Resident Parking Permit Program (PA2014 -016)CITY OF
F NEWPORT REACH
City Council Staff Report
January 13, 2015
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
PHONE: ( 949) 644- 3210, jampbell@newportbeachca.gov
TITLE: Balboa Village Parking Management and Resident Parking Permit Program
(PA2014 -016)
ABSTRACT:
The second reading and adoption of ordinances: 1) creating a Parking Management District Plan and
Overlay District modifying required off - street parking requirements within Balboa Village; 2) amending the
Municipal Code modifying the Off - Street Parking Facilities Fund and Neighborhood Enhancement Reserve
and creating the Balboa Village Area Benefit District; and 3) amending the Municipal Code modifying on-
street parking meter fees within Balboa Village.
RECOMMENDATION:
a) Conduct second reading and adopt Ordinance No. 2014 -20 (Staff Report Attachment CC1), An
Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001
Adopting the Balboa Village Parking Management District Plan and Establishing the Balboa Village Parking
Management Overlay District (PA2014 -016);
b) Conduct second reading and adopt Ordinance No. 2014 -21 (Staff Report Attachment CC2), An
Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code
Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014-
016); and
c) Conduct second reading and adopt Ordinance No. 2014 -22 (Staff Report Attachment CC3), An
Ordinance of the City Council of the City of Newport Beach Amending Section 12.44.040 of the Newport
Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016).
4 -1
FUNDING REQUIREMENTS:
Ordinance No. 2014 -020 establishes a Parking Management District and will discontinue the collection of
in -lieu parking fees from several Balboa Village businesses totaling approximately $13,000 per year.
Ordinance No. 2014 -021 re- directs parking revenues from General Fund to the newly created Balboa
Village Area Benefit District. Ordinance No. 2014 -22 lowers on- street parking fees during the off - season
and increases parking revenues during the peak season, with a nominal net effect.
DISCUSSION:
On November 25, 2014, after a noticed public hearing, the City Council introduced and passed to second
reading the following: 1) Ordinance No. 2014 -20 approving Code Amendment CA2014 -001, creating a
Parking Management District Plan and Overlay District modifying required off - street parking requirements
within Balboa Village; 2) Ordinance No. 2014 -21 approving Municipal Code amendments changing the
Off - Street Parking Facilities Fund and Neighborhood Enhancement Reserve and creating the Balboa
Village Area Benefit District; and 3) Ordinance No. 2014 -22 modifying on- street parking meter fees within
Balboa Village. These items are described in Programs Two, Three, and Four of the November 25, 2014,
City Council staff report (Attachment CC4). The minutes of the meeting are provided in Attachment CC5.
The City Council also considered an Overnight Residential Parking Permit Program (RP3) that would
affect residential streets just west of Balboa Village between 7th Street to Adams Street. The City Council
did not approve the RP3, but instead asked staff to conduct additional outreach to the affected
neighborhood to determine whether a majority of residents support the program. The program is described
in Program One in Attachment CC4.
As outlined by the Balboa Village Advisory Committee, the additonal RP3 outreach effort includes an
informational letter and advisory ballot asking whether affected residents, property owners, and mooring
permit holders from Mooring Area C support the permit program (Attachment CC6). To kick off the
outreach effort, a town hall meeting will be conducted in late January where the details of the program will
be presented and eligible participants may complete a ballot. After the meeting, staff will mail the advisory
ballot to those eligible participants who did not attend the town hall meeting. After all ballots are received,
staff will attempt to contact those residents who did not submit a ballot by canvasing the neighborhood.
Staff will tabulate the results and report back to the Balboa Village Advisory Committee and City Council.
ENVIRONMENTAL REVIEW:
The adoption of Code Amendment No. CA2014 -001 approving the Balboa Village Parking Management
District Plan and creating the Balboa Village Parking Management Overlay District is exempt from the
California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. The amendment itself does not authorize development that would
directly result in physical change to the environment. The amendment could indirectly lead to changes in
use within existing buildings or minor additions to existing buildings. These changes would be subject to
existing zoning regulations that limit the size and use consistent with the General Plan. These changes are
also subject to CEQA review on a project -by- project basis and any potential indirect physical change
resulting from this amendment would be within the scope of development currently allowed, and limited, by
the Zoning Code and General Plan.
The adoption of the ordinances modifying on- street parking fees, modifying existing parking benefit
districts, and establishing a new parking benefit district are not subject to 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. The ordinances do not authorize development
and only modifies on- street parking fees and the ordinance changing the parking benefit districts only
changes the allocation of parking revenues for budgeting purposes and no physical change to the4 -2
environment would result.
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:
Description
Attachment CC1 - Ordinance No. 2014 -20
Attachment CC2 - Ordinance No. 2014 -21
Attachment CC3 - Ordinance No. 2014 -22
Attachment CC4 - Staff Report from 11 -25 -2014 meeting
Attachment CC5 -Minutes from 11 -25 -2014 meeting
Attachment CC6 - Advisory Ballot
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Attachment M
Ordinance No. 2014 -20
M
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING CODE AMENDMENT NO. CA 2014-
001 ADOPTING THE BALBOA VILLAGE PARKING MANAGEMENT
DISTRICT PLAN AND ESTABLISHING THE BALBOA VILLAGE
PARKING MANAGEMENT OVERLAY DISTRICT (PA2014 -016)
WHEREAS, Balboa Village was once a more vibrant commercial village serving
both visitors and residents. Revitalization of the area has been a long- standing goal of
the City. In 2012, the City evaluated the area with an eye to establish policies and
programs to spur economic activity and better manage parking. The Balboa Village
Master Plan was adopted by the City Council in September 2012, on the
recommendation of the City Council ad -hoc Neighborhood Revitalization Committee
and its Citizens Advisory Panel. The Balboa Village Master Plan established a
comprehensive parking strategy to better manage existing parking resources before
resorting to the construction of new parking;
WHEREAS, transportation consultants Walker Parking Consultants (2009) and
Nelson \Nygaard Consulting Associates (2013) both found that Balboa Village has a
large supply of parking, the majority of which is located in off - street facilities owned and
managed by the City. Balboa Village's parking supply is underutilized for all but the
busiest summer weekends. Existing pricing and zoning regulations lead to inefficient
utilization of parking and creating an unnecessary regulatory constraint to
redevelopment and reinvestment;
WHEREAS, the elimination of required parking for most uses within the district will
support modest changes in use by removing a regulatory constraint. These potential
changes in use will continue to be limited by the allowed uses and the maximum
density /intensity of the various individual zoning districts within the Balboa Village Parking
Management Overlay District; therefore, changes in use will remain consistent with the
General Plan;
WHEREAS, requiring each commercial property within Balboa Village to provide
off - street parking is impractical given that most of the lots are small and currently
developed without the minimum parking required by the Zoning Code. These uses are
supported by the large supply of on- and off - street parking facilities provided by the City.
Based upon the analysis provided by Walker Parking Consultants (2009) and
Nelson \Nygaard Consulting Associates (2013), the existing supply of public and private
parking is adequate to serve the needs of Balboa Village with the exception of large -scale
uses that would bring large numbers of new visitors to the area;
WHEREAS, the proposed Parking Management District Plan supports shared use
of parking facilities that, when implemented, will lead to a more efficient use of parking;
4 -5
Ordinance No. 2014 -
Page 2
WHEREAS, the Balboa Village Advisory Committee (BVAC) held monthly public
meetings between December 2013, and January 2014, that provided a forum for public
participation where the implementation of the various parking strategies identified by the
Balboa Village Master Plan were discussed and refined;
WHEREAS, on September 18, 2014, after a noticed public hearing, the Planning
Commission received public comments and on an affirmative motion (4 ayes, 0 noes, 3
absent), forwarded a recommendation to the City Council to adopt the Code Amendment
No. 2014 -001: and
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 20.28.030 of the Newport Beach Municipal Code is hereby
amended to add the following subsection to read as follows:
20.28.030 D. Parking Management Overlay Districts established. The parking
management districts identified in this section and depicted in the referenced maps
exhibits adopted in Part 8 of this title.
1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams
Street and depicted in Parking Management Overlay Map PM -1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay District
is to identify existing and planned parking facilities and establish parking programs
to adequately serve the parking needs for Balboa Village. Additionally, the District
establishes modified parking requirements for properties that differ from the basic
requirements of Chapter 20.40 (Off- Street Parking).
b. Existing Parking Facilities. The City maintains six public parking lots within or near
the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street
lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City provides and
maintains a small number of on- street parking spaces along Balboa Boulevard,
Palm Street, and Bay Avenue. The City intends to maintain public parking facilities;
however, should the need arise, the City may modify, add, or remove parking
spaces to ensure safe and efficient operations and meet parking demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and construction
and the underutilization of existing parking, additional off - street parking facilities are
not necessary to meet the demand of existing uses. Parking demand shall be
monitored and evaluated by the City to determine whether additional District
parking is necessary, economical, appropriate, and desirable. The City may acquire
or lease parking facilities to make them available to the public.
d. Required Off - Street Parking
i. Non - residential uses: No off - street parking shall be required for any new
non - residential use or intensification of uses except the following uses as
am
Ordinance No. 2014 -
Page 3
defined by the Zoning Code: Assembly /Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, all Marine Services
Uses, Schools, and Visitor Accommodations. Uses that require off - street
parking shall provide said spaces in accordance with Chapters 20.40 (Off -
Street Parking) and 20.38 (Nonconforming Uses and Structures).
ii. Residential uses: Residential uses shall provide parking in accordance with
Chapters 20.40 (Off- Street Parking) and 20.38 (Nonconforming Uses and
Structures).
iii. Existing off - street parking spaces shall be preserved unless the elimination
of spaces is authorized by the approval of a Site Development Review
application by the Zoning Administrator.
iv. Shared parking for non - residential uses. Notwithstanding the Zoning Code
requirement that off - street parking be reserved for the use it serves, the
shared use of parking is allowed and encouraged. Shared parking shall be
subject to the following requirements:
(A) Required off - street parking. When required, parking for non - residential
uses may be satisfied by leasing nearby parking spaces at off -site
locations within 1,250 feet of the parcel it serves. Development on
multiple parcels with reciprocal access agreements is considered one
site for parking purposes. If the spaces are required or otherwise leased
to other uses, the hours of operation shall not significantly overlap. The
distance between the parking facility and the use it serves shall be
measured along public walkways from the closest portion of the parking
facility to the main entrance of the use. The leasing of off -site parking to
satisfy required parking shall be maintained in perpetuity when the use
requires it and may only be discontinued if the use is discontinued.
(B) Excess parking. Parking that is not necessary to satisfy off - street parking
requirements may be leased to other uses or made available to the
general public.
(C)Parking within Mixed -use Buildings. Parking for different uses within a
new, mixed -use building may be shared subject to the review and
approval of a Site Development Review application.
(D)The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director
when in compliance with the following conditions:
(1) Shared parking spaces are within 1,250 feet as described in Section
20.28.030. D.5.d.1;
(2) There is no significant overlap in the hours of operation or peak
parking demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
4 -7
Ordinance No. 2014 -
Page 4
(4) The property owners involved in the shared parking facilities provide
a binding agreement or other legal instrument assuring the joint use
of the parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a
parking management program to address potential parking conflicts.
(E)Section 20.40.100 (Off -Site Parking) and Section 20.40.110.B.2 (Joint
Use of Parking Facilities) do not apply within the Balboa Village Parking
Management Overlay District.
V. Private Parking Facilities Available to the General Public. Non - residential,
off - street parking facilities are encouraged to be made available to the
general public, even if the parking facility is required for existing
developments. Subject to City Council review and approval, the City may
enter into an agreement with the property owner for the use and /or
management of the parking facility. Allowing general public access to
private off - street parking facilities shall not affect the property's conformance
with its required off - street parking. The agreement should of a minimum
address hours of availability for use by the general public, signage,
maintenance, duration of agreement, and liability.
e. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management
Overlay District shall not be eligible for in -lieu parking pursuant to Sections
12.44.125 and 20.40.130 of the Municipal Code. The requirement that existing uses
within the Balboa Village Parking Management Overlay District participate in the in-
lieu parking permit program shall be discontinued as of the effective date of the
District.
f. Voluntary Employee Parking. The City will develop and implement a voluntary
Balboa Village Employee Permit Program that will include reduced fees and
designated parking locations for employee parking during specified hours.
Section 2: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district designation of all properties within Balboa Village to add the
"PM" overlay zoning district symbol as depicted in Exhibit "A."
Section 3: Add Section 20.80.035 Parking Management Overlay District Maps to
add map "PM -1" as attached in Exhibit "B."
Section 4: The Balboa Village Parking Management District Plan is hereby
approved.
Section 5: the adoption of Code Amendment No. CA2014 -001 approving the
Balboa Village Parking Management District Plan and creating the Balboa Village Parking
Management Overlay District is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or
Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
am
Ordinance No. 2014 -
Page 5
to have a significant effect on the environment. The amendment itself does not authorize
development that would directly result in physical change to the environment. The
amendment could indirectly lead to changes in use within existing buildings or minor
additions to existing buildings. These changes would be subject to existing zoning
regulations that limit the size and use consistent with the General Plan. These changes
would be subject to existing zoning regulations that limit the size and use consistent with
the General Plan. These changes are also subject to CEQA review on a project -by- project
basis any potential indirect physical change resulting from this amendment would be within
the scope of development currently allowed, and limited, by the Zoning Code and General
Plan.
Section 6: 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 and phrases be declared unconstitutional.
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 in the official newspaper of the City, and it shall be effective thirty (30) 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 — day of 2014, and adopted on the
day of 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
ATTEST:
Rush N. Hill, II
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
ATTORNEY'S OFFICE
Ordinance No. 2014 -
Page 6
Exhibit "A"
Section 20.14.010 (Zoning Map Adopted by Reference) amended to change the zoning
district designation of all properties within Balboa Village to add the "PM" overlay zoning
district symbol to the existing zoning district designation.
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Ordinance No. 2014 -
Page 7
Exhibit "B"
Parking Management Overlay District Map PM -1
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4 -11
Attachment CC2
Ordinance No. 2014 -21
4 -12
ORDINANCE NO.2014 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA AMENDING
NEWPORT BEACH MUNICIPAL CODE SECTIONS
12.44.025 AND 12.44.027 AND ADDING SECTION
12.44.029 RELATING TO PARKING FUNDS
WHEREAS, it has been a long- standing goal of the City of Newport Beach ( "City')
to revitalize Balboa Village and to expand its vibrant commercial village serving both
visitors and residents;
WHEREAS, in 2012, the City evaluated the area to establish policies and
programs to spur economic activity and manage existing parking, which resulted in the
adoption of the Balboa Village Master Plan;
WHEREAS, the Balboa Village Master Plan established a comprehensive
parking strategy to better manage existing parking resources before resorting to the
construction of new parking, and proposed the establishment of a parking benefit district
to provide funding for improvements to Balboa Village;
WHEREAS, pursuant to the authority provided in Section 1113 of the City Charter,
the City created the Off - Street Parking Facilities Fund and the Neighborhood
Enhancement Reserve in Newport Beach Municipal Code ( "NBMC") Sections 12.44.025
and 12.44.027;
WHEREAS, the reserve funds are inviolate so that the funds currently deposited
into the reserves are utilized for the express purposes provided in NBMC Sections
12.44.025 and 12.44.027; however, additional parking meter revenue may be deposited
into these funds by resolution; and
WHEREAS, the City desires to create a new fund, entitled the Area Benefit District
Reserve which will encompass the purposes of both the Off - Street Parking Facilities Fund
and the Neighborhood Enhancement Reserve while also supporting broader
transportation- related improvements and services in Balboa Village.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 12.44.025 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.025 Creation of Off - Street Parking Facilities Fund.
Pursuant to the authority contained in Section 1113 of the City
Charter, a special capital improvement fund to be known as the
Off - Street Parking Facilities Fund is created. By resolution, the City
4 -13
Council may direct revenue into the Off - Street Parking Facilities
Fund.
Such fund shall be used only for purposes of the acquisition,
development, and improvement of public off - street parking facilities
located within the general vicinity of the parking meters contributing
to the fund, and for any expenditures necessary or convenient to
accomplish such purposes. For purposes of this section, the term
"off- street parking facilities" shall mean public parking lots, garages,
structures, buildings and appurtenances for the parking of motor
vehicles.
Section 2: Section 12.44.027 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.027 Neighborhood Enhancement Reserve.
A. Creation.
1. Pursuant to the authority contained in Section 1113 of the City
Charter, a special capital improvement fund, to be known as the
Neighborhood Enhancement Reserve, is created.
2. The City Council may, by ordinance, establish Neighborhood
Enhancement Areas and may, by resolution, direct revenue into the
Neighborhood Enhancement Reserve.
3. Such reserve shall be used for purposes of enhancing and
supplementing services to the neighborhood in the general vicinity of
the parking meters contributing to the fund and not supplanting
existing services. Enhancements may be in the form of capital
improvements, special services or extraordinary maintenance and
shall include all expenditures necessary or convenient to accomplish
such purposes.
B. The following Neighborhood Enhancement Areas are hereby
established pursuant to the provisions of this chapter:
1. Area "A" —West Newport. This area is bounded by West Coast
Highway, Semeniuk Slough /Oxbow Loop, West Coast Highway,
Newport Boulevard, Newport Island Channel, Rialto Channel, 38th
Street, the Pacific Ocean, and Summit Street.
2. Area "B "— Balboa Peninsula. This area is bounded by West
Lido Channel, Newport Channel, the Harbor entrance, the Pacific
Ocean, 38th Street, Rialto Channel and Newport Island Channel.
4 -14
Section 3: Chapter 12.44 of the Newport Beach Municipal Code is hereby
amended by adding Section 12.44.029 to read as follows:
12.44.029 Area Benefit District Reserve.
A. Creation
1. The City Council hereby creates a special capital
improvement fund, to be known as the Area Benefit District Reserve.
2. The City Council may, by ordinance, establish Area Benefit
Districts and may, by resolution, direct revenue into the Area Benefit
District Reserve.
3. The Area Benefit District Reserve shall be used for the
purposes of enhancing or supplementing services to the Area
Benefit District(s) identified or the general vicinity provided there is a
benefit to the Area Benefit District(s). Enhancements or
supplemental services may be in the form of streetscape
improvements on public or private property; other beautification
projects, including, but not limited to, commercial facade
improvements; transit, pedestrian, and bicycle infrastructure or
wayfinding signage; the acquisition, leasing or construction of
additional parking; extraordinary maintenance programs for public
areas; creation or implementation of transportation mobility or
parking management strategies, including, but not limited to, shared
parking. Expenditures from the Area Benefit District Reserve may
include all expenditures necessary or convenient to accomplish the
purposes for which the funds are to be used.
B. The following Area Benefit District is hereby established
pursuant to the provisions of this chapter:
1. Balboa Village. This area is bounded by Adams Street,
Newport Bay, A Street, and the Pacific Ocean.
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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and /or phrases be declared
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
4 -15
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. The amendment does not authorize development and
it only changes the allocation of parking revenues for budgeting purposes.
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 was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the — day of 2014, and adopted on the
day of 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Rush N. Hill, II
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY A S OFFICE
Cdr)
AARON C. ARP. CITY ATTORNEY
CSGy
Attachment CC3
Ordinance No. 2014 -22
4 -17
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA AMENDING
SECTION 12.44.040 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO ON- STREET
PARKING METER FEES IN BALBOA VILLAGE
(PA2014 -016)
WHEREAS, California Vehicle Code Section 22508 authorizes the City of
Newport Beach ( "City') to establish parking meter fees by ordinance.
WHEREAS, the City's parking meter fees are established in Newport Beach
Municipal Code Section 12.44.040;
WHEREAS, the revenue generated from the parking meter fees funds a number
of important items within the City, including but not limited to, traffic control, parking
management, installation and maintenance of parking meters, recreational activities,
beautification projects, and related improvements;
WHEREAS, it has been a long- standing goal of the City to revitalize Balboa
Village and to expand its vibrant commercial village serving both visitors and residents;
WHEREAS, in 2012, the City evaluated the area to establish policies and
programs to spur economic activity and manage existing parking, which resulted in the
adoption of the Balboa Village Master Plan;
WHEREAS, the Balboa Village Master Plan established a comprehensive
parking strategy to better manage existing parking resources and proposed the
modification of both on- street and off - street parking rates to influence parking behavior
to promote more efficient use of existing parking facilities and provide incentives for
longer -term parking to occur in off - street lots;
WHEREAS, studies prepared by Nelson /Nygaard, a transportation consultant,
showed that the existing one -hour parking limits were insufficient for many trips to area
businesses and that the current parking meter fees were not providing sufficient
incentive to promote increased turnover of vehicles;
WHEREAS, the Balboa Village Advisory Committee ( "BVAC") held monthly
public meetings between December 2013, and January 2014, that provided a forum for
public participation where implementation of the Balboa Village Master Plan and the
recommendations of Nelson /Nygaard, including changes to parking meter fee, were
discussed;
WHEREAS, on January 8, 2014, the BVAC voted to recommend City Council
adopt the parking rate structure contained in this ordinance;
0M.
Ordinance No. 2014- _
Page 2
WHEREAS, the City Council finds that on- street parking meter fees in Balboa
Village should be modified to promote more efficient use of the parking spaces by
establishing a rate for the first two (2) hours and increasing the rate for every hour
thereafter for both the peak summer season and the non -peak season; and
WHEREAS, the City Council additionally finds the increase in parking meter fees
for on- street spaces along with a decrease in parking meter fees for off - street parking
lots will provide an incentive for longer -term parking to occur in off - street lots.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 12.44.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
12.44.040 Parking Meter Fees
Fees for parking meters in zones established by Section
12.44.020 when the parking meters are in operation are
hereby established as follows:
A. For the purposes of this section, the non -peak season
is defined as period between October 1st and April 30th of
each year and the peak season is defined as the period
between May 151 and September 30th of each year.
B. One dollar and fifty cents ($1.50) per hour at all
meters in Zones 1 and 9.
C. One dollar and fifty cents ($1.50) per hour at all
meters in Zone 2, except seventy -five cents ($0.75) per hour
for Coast Highway, Tustin Avenue and Avon Street, one
dollar ($1.00) per hour along northbound Newport Boulevard
between 26th and 30th Streets, and one dollar ($1.00) per
hour for the first two hours and one dollar and fifty cents
($1.50) per hour for each additional hour during the non -
peak season and two dollars ($2.00) per hour for the first two
hours and two dollars and fifty cents ($2.50) per hour for
each additional hour during the peak season on Balboa
Boulevard between "A" Street and Adams Street and Bay
Avenue between Main Street and Palm Street.
D. One dollar ($1.00) per hour at all meters in Zones 3
and 7.
E. One dollar and fifty cents ($1.50) per hour at all
meters in Zone 4, except one dollar ($1.00) per hour on Lido
Park Drive and 28th Street, and one dollar ($1.00) per hour
4 -19
Ordinance No. 2014- _
Page 3
for the first two hours and one dollar and fifty cents ($1.50)
per hour for each additional hour during the non -peak
season and two dollars ($2.00) per hour for the first two
hours and two dollars and fifty cents ($2.50) per hour for
each additional hour during the peak season on Bay Avenue
between Adams Street and Palm Street and Palm Street
between Bay Avenue and Ocean Front.
F. One dollar ($1.00) per hour at all meters in Zone 5
except one dollar and fifty cents ($1.50) per hour on 32nd
Street between Balboa Boulevard and Newport Boulevard.
G. One dollar and fifty cents ($1.50) per hour at all
meters in Zone 6, except one dollar ($1.00) per hour on 28th
Street between Newport Boulevard and Villa Way.
H. Seventy -five cents ($0.75) per hour at all meters in
Zone 8.
Section 2: 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 and /or phrases be declared
unconstitutional.
Section 3: 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, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly. The ordinance does not authorize
development and it only modifies parking rates at meters within the public right -of -way
in Balboa Village.
Section 4: 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 —_ day of 2014, and adopted on the
day of 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
4 -20
Ordinance No. 2014 -
Page 4
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
M
ATTEST:
Rush N. Hill, II, Mayor
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY A RNEY'S OFFICE
r
AAR .HARP, CITY ATTORNEY
4 -21
Attachment CC4
City Council Staff Report
November 25, 2014 (without attachments)
4 -22
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
1419019
NEWPORT BEACH
City Council Staff Report
November 25, 2014
Agenda Item No. 20
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
James Campbell, Principal Planner
(949) 644 -3210, jampbell@newportbeachca.gov
Balboa Village Parking Management District and Resident Parking Permit Program
(PA2014 -016)
The Balboa Village Master Plan adopted in 2012, identifies a comprehensive set of parking programs.
Implementation requires several City Council actions, as described below:
Program One - Residential Permit Parking Program (RP3): the establishment of an overnight resident
permit parking program (RP3) for the area west of Balboa Village between 7th Street and Adams Street.
The annual permit fee has previously been established, but program parameters and a daily guest pass
fee must also be established.
Program Two - Parking Management District Plan and Overlay District: the creation of a Parking
Management District Plan and Overlay District that modifies required off - street parking requirements for
commercial uses within Balboa Village.
Program Three - Parking Benefit District: the creation of a parking benefit district related to how parking
revenues within Balboa Village will be budgeted and spent.
Program Four - Public Parking Fees: the modification of both on- street and off - street parking meter fees
on public property within Balboa Village.
Program Five - Other Parking Programs and Permits: the establishment of a voluntary employee
parking permit for Balboa Village businesses; a non -peak season resident parking permit to park in Balboa
Village; and a commercial patron parking validation program. Fees for these permits needs to be adopted.
4 -23
20 -1
RECOMMENDATION:
a) Conduct a public hearing;
b) Program One - Residential Permit Parking Program (RP3): Introduce Ordinance No. 2014 -19 (Staff
Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Amending
Sections 12.68.040 and 12.68.060 of the Newport Beach Municipal Code Establishing the Balboa Resident
Parking Permit Program on the Balboa Peninsula (PA2014 -016), and finding the action exempt from the
California Environmental Quality Act ( "CEQA') pursuant to Sections 15301 (Existing Facilities) and 15311
(Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and
pass to second reading on January 13, 2015;
c) Program Two - Parking Management District Plan and Overlay District: Introduce Ordinance No. 2014-
20 (Staff Report Attachment CC2), An Ordinance of the City Council of the City of Newport Beach Adopting
Code Amendment No. CA2014 -001 Adopting the Balboa Village Parking Management District Plan and
Establishing the Balboa Village Parking Management Overlay District (PA2014 -016), and finding the action
exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing
Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass
to second reading on January 13, 2015;
d) Program Three - Parking Benefit District: Introduce Ordinance No. 2014 -21 (Staff Report Attachment
CC3), An Ordinance of the City Council of the City of Newport Beach, California Amending Newport Beach
Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking
Funds (PA2014 -016), and finding the action not subject to 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, and pass to second reading on January 13, 2015;
e) Program Three - Parking Benefit District: Adopt Resolution No. 2014 -101 (Staff Report Attachment
CC4), A Resolution of the City Council of the City of Newport Beach, California Establishing Funding for
the Area Benefit District Reserve (PA2014 -016), and finding the action not subject to 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;
f) Program Four - Public Parking Fees (on- street): Introduce Ordinance No. 2014 -22 (Staff Report
Attachment CC5), An Ordinance of the City Council of the City of Newport Beach Amending Section
12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa
Village (PA2014 -016), finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060
(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass on to a
second reading on January 13, 2015;
g) Program Four - Public Parking Fees (off- street public lots): Adopt Resolution No. 2014 -102 (Staff
Report Attachment CC6), A Resolution of the City Council of the City of Newport Beach, California
Establishing a Revised Schedule of Parking Fees for Off - Street Parking Meter Zones 17, 18, 23, 28, and
29 Located in Balboa Village (PA2014 -016), and finding the action not subject to CEQA pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3; and
h) Program Five - Other Parking Programs and Permits: Adopt Resolution No. 2014 -103 (Staff Report
Attachment CC7), A Resolution of the City Council of the City of Newport Beach, California Establishing a
Parking Permit System for Balboa Village (PA2014 -016), and finding the action not subject to CEQA
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3.
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4 -24
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for staff time to pursue a Coastal Development
Permit for the proposed programs which require one. Implementation will necessitate the installation of
new signage and parking meters in some cases. Existing and future parking meter revenue should provide
sufficient funding for these and other components of the overall project.
DISCUSSION:
Revitalization has been a priority for Balboa Village for quite some time. In 2011, City Council created the
Neighborhood Revitalization Committee that appointed a Citizens Advisory Panel that provided several
opportunities for public participation leading to the creation of the Balboa Village Master Plan. The City
Council adopted the Master Plan in September 2012. The Master Plan includes a variety of goals and
strategies, one of which is parking management. The Master Plan can be accessed at the following
webpage:
httt : / /www.newi)ortbeachca.gov/ Modules /ShowDocument.asi)x ?documentid =14799
The Master Plan recommended creation of the Balboa Village Advisory Committee (BVAC) to oversee the
timely implementation of the Master Plan. Information related to the Committee's effort can be accessed at
the following webpage:
http://www.newportbeachca.gov/index.aspx?paqe=2196
On January 8, 2014, the BVAC reviewed and approved the Parking Implementation Plan after numerous
monthly meetings where each parking program was reviewed and opportunities were provided for public
input and discussion. The programs are designed to work together comprehensively to ensure the highest
level of effectiveness. Each parking program is discussed below:
Program One: Residential Permit Parking Program (RP3)
The proposed ordinance (Attachment CC1) amends Sections 12.68.040 and 12.68.060 of the Municipal
Code and establishes a resident parking permit program for the neighborhood west of Balboa Village
between 7th Street and Adams Street which experiences parking spillover from commercial uses in
Balboa Village. It is fairly common for employees and patrons of excursion services and other businesses
to park in the neighborhood as the spaces are free and for some is more convenient. The genesis of this
program was from area residents.
The RP3 would be implemented in two phases. The first phase would be the area from Island Avenue to
Adams Street. The second phase would be the area west of Island Avenue to 7th Street. Implementation
of the second phase would be contingent on the effectiveness of the first phase and the need for the
second phase and it would require future City Council action.
Table 1
RP3 Parameters
Hours:
:00 p.m. to 9:00 a.m. daily
Number of Permits:
Up to four (4) annual permits per unit
Up to six (6) daily guest permit
Cost of Permits:
$16' for each annual permit
$1 for each daily guest permit
Eligibility:
Residents of affected area including residents of
Bay Island and Mooring Area C permit holders
Enforcement:
lExisting license plate recognition technology in use
20 -3
4 -25
the
* BVAC recommended $20 per permit; however,
a $16 fee for resident parking permits is already in
place, therefore, a new fee is not necessary.
The hours were proposed by residents to increase available parking as they return from work. The
proposed hours of operation were discussed at length during BVAC meetings as it may affect public
access. However, during most of the year, adequate parking for the public exists within Balboa Village
based upon the independent parking surveys prepared by Nelson Nygaard in 2013. The exceptions are
the most busy summer days that amount to 14 days on average per year.
Implementation of the RP3 requires an amendment to Chapter 12.68 to establish the program parameters.
The following findings must be met to establish a resident parking zone:
1. The parking in the area by nonresidents does substantially and regularly interfere with the use of the
majority of the available public street or alley parking spaces by adjacent residents;
2. That the interference by the nonresidents parking referred to in subsection (A) of this section, occurs
at regular and significant daily or weekly intervals;
3. That nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution
or devaluation of real property in the area of the proposed zone;
4. That the majority of the residents adjacent to the proposed zone desire, agree to or request
preferential parking privileges;
5. That no unreasonable displacement of nonresident vehicles will occur in surrounding residential
areas;
6. That a shortage of reasonably available and convenient residentially related parking spaces exists in
the area of the proposed zone; and
7. That no alternative solution is feasible or practical.
Compliance with the above findings is summarized below and detailed in the draft resolution:
• Resident parking is routinely impacted by non - residents based upon resident statements and parking
field studies conducted in 2013. Based upon resident input, non - resident parking generates traffic
and parking conflicts and noise, which is a significant nuisance. The City conducted a survey in late
2012, where approximately 1100 surveys were delivered to property owners and tenants in the
proposed RP3 area. There was a 35.8 percent response rate and over 68 percent of respondents
expressed support for the residential permit parking program.
• Displacement of vehicles are expected to relocate to Balboa Village where parking is readily
available at reduced pricing within the existing public parking lots. The displacement of a significant
number of vehicles to Balboa Island or areas to the west of the proposed permit parking zone is not
anticipated. These areas are less convenient and parking is generally more readily available within
the Balboa Village.
• Based upon resident input and the Nelson Nygaard field studies, parking shortages exist in the area
during certain periods. Alternative solutions to increase parking supplies are costly. Furthermore,
many residences are nonconforming as to off - street parking due to the age of construction and it is
not practical to require redevelopment consistent with current parking standards in advance of an
owners desire to do so.
• Enforcement of the program would be through the City's existing license plate recognition system
that would be linked to the permit system. Staff expects the system will involve a web -based portal
allowing residents the ability to purchase permits and update license plate information once an
account is established and eligibility verified.
20 -4
4 -26
Program Two: Parking Management District Plan and Overlay District
The proposed ordinance (Attachment CC2) creates a Parking Management District Plan and Overlay
District for properties within Balboa Village between Adams Street and A Street. A map of the proposed
district is attached to the draft ordinance. The parking management district plan and overlay does the
following:
1. Eliminates Required, Off - street Parking for Most Commercial Uses. The proposed overlay would
eliminate required, off - street parking spaces except for Assembly /Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, Marine Services Uses, Residential Uses,
Schools, and Visitor Accommodations. These uses would be required to provide off - street parking
consistent with the Zoning Ordinance or they could seek relief through a Conditional Use Permit for a
parking waiver or an off -site parking agreement. These uses were specifically excluded as they
generate more parking demand than typical non - residential uses.
Elimination of the parking requirement will allow minor changes in use or additions to buildings within
floor area limitations of Zoning Code. The removal of this regulatory constraint (parking) will not
directly lead to intensification of uses as business and property owners will consider other factors,
including costs, that will play a more significant role in decisions to change use, expand or redevelop.
The hope is with the removal of the parking requirement, reinvestment will follow that will help
revitalize the area to better serve residents and visitors.
2. Maintains Existing Off - Street Parking Facilities. The plan will require the retention of existing
commercial and residential parking spaces, unless approved with a discretionary permit. The review
process would evaluate whether the subject parking represents a significant reduction in the overall
parking supply of the District.
3. Allows Shared Use of Parking Facilities. There are approximately 120 off - street spaces that are
dedicated to tenant or customer parking within the proposed district. Making these spaces available
for public use will facilitate more efficient utilization of these existing parking resources. The proposal
would encourage the City to acquire or lease these private parking spaces from willing owners to
address issues of liability and maintenance.
The Zoning Code does not allow shared parking although off -site parking is allowed and is subject to
a Conditional Use Permit. The proposal would allow shared use of non - residential parking or the
leasing of off -site parking subject to the approval of the Community Development Director provided
the hours of operation of the various uses do not significantly overlap. The proposal would also allow
parking to be shared among different uses within a single new, mixed -use building, by right.
4. Suspends Existing and Future In -Lieu Parking Fees. Currently, nine businesses in the Balboa
Village participate in the City's in -lieu fee program that charges $150 per space per year. In 1989,
the City Council suspended new in -lieu permits. The revenue from existing permits (approximately
$13,000 per year) is nominal. The proposed overlay district would suspend the program and
discontinue fee collection which is appropriate given the recommendation to eliminate required
parking for most commercial uses.
The Planning Commission considered the Proposed Parking Management Plan and Overlay District at a
noticed public hearing held on September 18, 2014. The Planning Commission received public comments
and approved Resolution No. 1957 (Attachment CC9) recommending adoption of Code Amendment No.
CA2014 -001. It should be noted that the format of the proposed amendment has changed since the
Planning Commission hearing such that the regulations are within the Zoning Code rather than a separate
document. Attachment CC10 contains the proposed amendment to Section 20.28.030 in track changes
format.
20 -5
4 -27
Program Three: Parking Benefit District
The proposed ordinance (Attachment CC3) amends Sections 12.44.025 (Off- Street Parking Facilities
Fund) and 12.44.027 (Neighborhood Enhancement Reserve) and adds Section 12.44.029 (Area Benefit
District Reserve). The Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve
were established pursuant to City Charter Section 1113, and as such, the funds may only be used for the
purposes as established by the Municipal Code. The amendment maintains both reserves, but
discontinues the current funding formula where fifty percent of parking meter revenue is deposited into the
reserves and the other fifty percent is deposited into the General Fund. Future funding of these reserves
would be determined by the City Council. Existing funds in these two existing reserves would remain
dedicated for their required purpose.
A companion resolution (Attachment CC4) would allocate 100 percent of non - tidelands, parking - related
revenue from all meters and lots within Balboa Village. Anticipated annual revenue for the reserve would
be approximately $347,000, based upon fiscal year 2013 -2014. These funds could be used for commercial
fagade improvements, enhancements to the public right -of -way including street furniture, signs, and
landscaping, wayfinding signs, shared parking leases, parking monitoring, improved parking management,
etc.
The new Balboa Village Area Benefit District would have the following purpose statement:
The Area Benefit District Reserve shall be used for the purposes of enhancing or supplementing
services to the Area Benefit District(s) identified or the general vicinity provided there is a benefit to
the Area Benefit District(s). Enhancements or supplemental services may be in the form of
streetscape improvements on public or private property; other beautification projects, including, but
not limited to, commercial fagade improvements; transit, pedestrian, and bicycle infrastructure or
wayfinding signage; the acquisition, leasing or construction of additional parking; extraordinary
maintenance programs for public areas; creation or implementation of transportation mobility or
parking management strategies, including, but not limited to, shared parking. Expenditures from the
Area Benefit District Reserve may include all expenditures necessary or convenient to accomplish
the purposes for which the funds are to be used.
The purpose statement encompasses the purposes of the prior two reserve funds and funding would be
established by City Council Resolution. Lastly, the proposed reserve would not be subject to Charter
Section 1113 thereby allowing greater budgeting flexibility by the City Council.
Program Four: Public Parking Fees
On- Street Parking Fees
The proposed ordinance (Attachment CC5) amends Section 12.44.020 that sets on- street parking meter
fees. The current hourly fee in Balboa Village is $1.50 per hour and the meters operate between 8:00 a.m.
and 6:00 p.m., daily. The amendment would set the following fees and no change is proposed to meter
hours:
Table 2
On- Street Parking Meter Fees
Season Current fee Proposed Fee
$1.00 per hour for the first two hours &
Non -Peak
$1.50 per hour $1.50 per hour for each additional hour
Peak $2.00 per hour for the first two hours &
hour for each additional hour
The non -peak season will be defined as October 1st through April 30th each year consistent with the
Coastal Commission's recent approval of parking fees for the Corona Del Mar beach parking lot. The two -
tiered fee schedule will promote parking turnover near commercial businesses and the fee reduction for
the first two hours during the non -peak season should promote increased use. The fee increase during the
peak summer season will deter longer -term parking in proximity to businesses and incentivize use of the
off - street public parking lots that will operate at lower hourly fees.
Off - Street Parking Fees
Off - street public parking is provided in six metered lots (A Street, B Street, Washington Street, Palm
Street, Balboa metered lot, and the large Balboa Pier Lot) and parking fees are set by City Council
Resolution. Currently, all lots charge $1.50 per hour and operate between 8:00 a.m. and 6:00 p.m. daily,
with the exception of the Balboa Pier Lot. The draft resolution (Attachment CC6) reduces the non -peak
season fee from $1.50 to $1.00 per hour to promote usage of the lots.
The large Balboa Pier lot operates 24 hours per day, 365 days per year, and the proposal lowers the non -
peak season fee from $1.50 to $1.00 per hour during the week. Weekend rates and other fees would
remain unchanged. The fee change for the Balboa Pier parking lot is consistent with the recent Coastal
Development Permit issued for the new pay stations and the Executive Director of the Coastal
Commission will be informed of the fee changes as required by the conditions of the permit.
The lowering of the fees during the non -peak season by $0.50 per hour would reduce revenues by
approximately $115,000 based upon fiscal year 2013 -2014 revenues assuming no changes in the number
of parked vehicles. This amount will be partly offset by increased fees for on- street meters during the peak
season and an anticipated increase in parking due to the reduction in fees.
Forecasting the effect of these changes on parking revenue is difficult as there is no reliable data on the
duration of parking. Additionally, other parking fee changes and parking permits are proposed, which are
described below, that introduce additional variables making an estimate impossible. That being said, staff
believes increased revenue during the peak season will be higher than the decreased revenue during the
non -peak season assuming no increase in parked vehicles. Increased parked vehicles will generally boost
revenues; however, any increase will be affected by resident permits and the extent they visit the area.
Attachment CC11 contains changes to Title 12 of the Municipal Code in a track changes format as
summarized in this report.
PROGRAM FIVE. Other Parking Programs and Permits
Three additional items are enacted by the last proposed resolution (Attachment CC7).
First, a commercial parking validation program is requested to support increased patronage within Balboa
Village. The cost of the system would be the responsibility of the participating businesses so that City
parking revenues would not be affected.
Second, a two -hour resident parking permit within the Village is requested to incentivize increased resident
patronage during the non -peak season. Newport Beach residents could purchase a parking pass for $16
per year that would allow free parking for up to two hours during the non -peak season. These two items
promote resident access to the area and should help make Balboa Village more competitive with shopping
centers on the peninsula that offer free parking. It should also make short trips to the Village more
convenient for local residents.
The third permit program is the establishment of a voluntary employee parking permit. Participating
employers and employees could purchase permits that would allow them to park in City- designated
parking areas. During the non -peak season, employees would park in the Balboa Pier Parking Lot and
during the peak season, employees would park along the center median in Balboa Boulevard west of
Medina Way. The cost of an annual employee parking permit would be $50 and a 4 -month seasonal
20 -7
4 -29
permit would be $25. The permit would not provide priority parking and not guarantee a parking space.
Enforcement of the program would be through the City's existing license plate recognition system that
would be linked to the permit.
Summary
The recommended proposals are designed to work together to support revitalization efforts within Balboa
Village while managing existing parking resources more effectively in an intentional and balanced
approach. The overnight resident parking permit program will require Coastal Commission approval and
cannot be implemented until such time that a Coastal Development Permit is approved. After
implementation, staff will monitor changes in land use and parking patterns to see if any adjustments are
needed. If unintended consequences prove detrimental, staff will recommend further amendments if
necessary.
As summarized in the prior study session staff report, extensive public outreach was conducted by the
Neighborhood Revitalization Committee, Citizens Advisory Panel, Planning Commission and City Council
with the adoption of the Balboa Village Master Plan in 2012. Additional outreach was done through the
efforts of the Balboa Village Advisory Committee, and the public was engaged through various survey
efforts. In addition, public meetings were held with the Balboa Village Merchants Association and a
separate public meeting was held focused on residents. The City has received several letters and emails
commenting on the proposals (Attachment CC12), which have generally been very supportive. The
proposed overnight resident parking permit program has garnered the most comments. Those comments
generally fell into three areas. First, the area covered may be too large; second, residents should not have
to pay a fee to park on a public street; and third, the hours of the proposed overnight resident parking
permit program are too restrictive. To address these concerns, the RP3 will be implemented in two
phases; the permit cost only covers the cost of administering the program and is consistent with other
parking permit fees; and the hours may be adjusted by the California Coastal Commission.
ENVIRONMENTAL REVIEW:
The adoption of Code Amendment No. CA2014 -001 approving the Balboa Village Parking Management
District Plan and creating the Balboa Village Parking Management Overlay District is exempt from the
California Environmental Quality Act ( "CEQX) pursuant to Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction), 15303 (New Construction), 15311 (Accessory Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. The amendment itself does not authorize development that would
directly result in physical change to the environment. The amendment could indirectly lead to changes in
use within existing buildings or minor additions to existing buildings. These changes would be subject to
existing zoning regulations that limit the size and use consistent with the General Plan. These changes
would be subject to existing zoning regulations that limit the size and use consistent with the General Plan.
These changes are also subject to CEQA review on a project -by- project basis and any potential indirect
physical change resulting from this amendment would be within the scope of development currently
allowed, and limited, by the Zoning Code and General Plan.
The ordinance establishing the overnight resident parking permit program is exempt from the CEQA
pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, as the only physical change to the
environment will be the installation of new small regulatory signs within the existing developed public right -
of -way to alert motorists of parking restrictions and no other changes to the streets, sidewalks or parking
spaces is authorized.
The actions related to establishing and modifying parking permits, parking fees, and the modified and new
parking benefit districts are not subject to 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. The ordinances and resolutions do not authorize development and only 20 -8
4 -30
establish parking permit programs, modifies and establishes parking fees, and lastly, the ordinance
changing the parking benefit districts only changes the allocation of parking revenues for budgeting
purposes and no physical change to the environment would result.
NOTICING:
Notice of this public hearing for Code Amendment No. 2014 -001 was published in the Daily Pilot, mailed to
all owners of property within 300 feet of the boundaries of the proposed overlay district, and posted in six
different places within the proposed overlay district at least 10 days prior to the meeting satisfying
Municipal Code requirements.
Notice of this hearing regarding the establishment of the overnight Resident Parking Permit Program was
mailed to residents, property owners, and mooring permit holders within the affected area.
Notice of this hearing regarding the increased parking fees and the new parking permit fees for the
proposed employee parking permit program was published twice in the Daily Pilot as required by
Government Code Sections 66018 and 6062a.
+Description
Attac .monf !Y`0 _ PC Rpgnl tinn Njo 1X47
Artanhmont !Y`11 _ Titip 12 Dorifin
20 -9
4 -31
Attachment CC5
Excerpt of Minutes from
City Council Meeting
November 25, 2014
4 -32
CITY OF NEWPORT BEACH MINUTE EXCERPT
CITY COUNCIL REGULAR MEETING OF NOVEMBER 25, 2014
ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Hill, Mayor Pro Tern Selich
Absent: None
=. PUBLIC HEARINGS
20. Balboa Village Parking Management District and Resident Parking Permit
Program (PA2014 -016) [100 -20141
Principal Planner Campbell provided a PowerPoint presentation to discuss public
outreach, project location, surrounding areas, and details of the various programs.
Council Member Gardner noted receiving a letter regarding shared parking and
reported that the plan allows for shared parking, but does not mandate it.
In response to Council Member Petros' question, Principal Planner Campbell reported
that all of the programs will be monitored and that yearly evaluations will be conducted.
Principal Planner Campbell also addressed programs that will require Coastal
Commission review, public outreach, education, and open enrollment.
Council Member Henn noted that this is Part 2 of a comprehensive and integrated plan
providing funding and governance mechanisms that allow for Part 1 of the plan to move
forward. He added that Part 2 is, in itself, an integrated plan and that all of the parts
are interdependent. He addressed the parking fees for use in the area and reported that
the fee revenues make the plan self - funding for six or seven years. He commented on
the permit fee and acknowledged that all comments have not been favorable, but
stressed that there has been a considerable effort to listen to the public.
Mayor Hill opened the public hearing.
Dominic Tordjmann expressed concern that apartment building owners have been
overlooked since the plan does not allow for landlords or maintenance crews to obtain
parking passes. He hoped that Council will consider the interests of area landlords and
allow them to purchase parking permits so they can have access to their properties.
Karl Durow objected to the inconvenience of the plan and suggested using hang tags.
Marianne Zippi thanked staff for its work on this issue, but expressed concern with the
residential permit program since residents will be forced to buy a permit in order to
park in front of their homes. She believed that, anytime residents are forced to
contribute funds to government, it is a tax. She added that the plan discriminates
against residents of specific areas and referenced the Municipal Code related to
residential permit parking, as well as the survey conducted by the City. She expressed
the opinion that this Council should let the new Council address this issue.
DRAFT Minutes
Page 1 of 5
4 -33
Resident of 216 East Bay Avenue thanked Council for their service and noted that
residents have not seen nor signed a petition regarding their desire for residential
permit parking. He noted the need for increased transparency regarding this issue and
asked that Council carefully analyze the matter.
Lesley Miller noted the need for parking on the Peninsula and suggested encouraging
off - Peninsula parking. She indicated that she would like the program expanded to
include Peninsula Point.
John Hooten expressed the opinion that the proposed parking programs will not solve
existing parking problems.
Deanna Schnabel spoke in support of the parking permit programs, believing that they
are consistent with other urban beach communities, adheres to the consultant's
recommendations, and addresses the year -round parking congestion that will follow the
revitalization efforts that the City has invested in Balboa Village.
W.R. Dildine expressed support for the programs and noted that the public has had the
opportunity to respond to the proposed plans, but have not done so. He thanked Council
for its efforts in the revitalization of the City.
George Schroeder expressed concerns regarding expanding the program to the
Peninsula Point area and noted the effects of the program to areas outside the parking
permit boundaries.
Jim Mosher noted the need for a similar program at the Newport Pier /McFadden
Square area and referenced areas outside Balboa Village where suspension of programs
are being proposed.
Howard Hall commented on residential parking west of Adams Street and provided a
history of the issue. He believed that, if this matter is approved, it will lead to more
illegal parking in alleys.
Allen Maxfield spoke in opposition to the proposed plan and believed that most
residents are against it.
Hearing no further testimony, Mayor Hill closed the public hearing.
Council Member Henn clarified that the revenue stated is the parking revenue in the
commercial area of Balboa Village and is not from the Tidelands parking lots, and is not
the money being raised as a result of the parking permit fee.
In response to Council Member Henn's question, Principal Planner Campbell addressed
the survey and its results, and believed that the high percentage of those in support of
the program is an indication that a majority of residents support it.
Council Member Gardner stated that she is not a fan of permit parking and commented
on unique conditions in Balboa Village. She wondered whether the survey was
sufficient and suggested issuing another survey now that additional information is
available.
Council Member Petros commented on the permit fee and BVAC's request to set it as
DRAFT Minutes
Page 2 of 5
:III
low as possible, noting that it is clearly not a revenue - generating effort.
Council Member Daigle referenced the Municipal Code provisions relative to surveys,
believing that it states 50% plus one of residents in the area, not 50% of residents who
respond to the survey. She stated that the survey results must be carefully tracked.
City Attorney Harp clarified applicable provisions of the Municipal Code, noting that
findings must be made to the reasonable satisfaction of the City Council. One of the
criteria is that a majority of residents be in support of a residential parking program.
However, it is up to the discretion of Council to decide whether or not the majority has
been reached.
Council Member Henn noted that there was a certain amount of detail in the survey
that was conducted. In response to his question, Principal Planner Campbell addressed
the information in the survey that described the program, adding that the only thing
that has changed in the survey is the decreased permit fee.
Council Member Gardner asked whether Council will vote on the recommendations as a
package or individually. City Attorney Harp indicated that Council may vote as it
pleases.
Council Member Henn confirmed that, while it is an integrated set of proposals, Council
has the discretion to address each individually.
Council Member Gardner expressed concern with the permit parking and whether the
desire of the majority of residents has been reflected.
Council Member Daigle agreed with Council Member Gardner's comments, adding that
she does not see evidence that the majority of residents support the program. In
response to her question, Principal Planner Campbell clarified what is being proposed
relative to hang tags versus a license plate recognition system. Additionally, he
explained the online system and noted that both systems could be implemented.
In response to Mayor Hill's question, Council Member Henn noted that the program
must go before the Coastal Commission. Principal Planner Campbell stated that staff
believes there is enough information for implementation.
Council Member Petros summarized the process, noting that the original intention was
to incent new development in Balboa Village and revitalize the area. He addressed
other revitalization efforts and reported that it was recognized that parking in the area
was a hindrance to enhancing Balboa Village. He added that the money generated from
the area stays in the area. He discussed the intention of the residential parking permit
program.
Motion by Council Member Petros, seconded by Council Member Gardner, to a)
introduce Ordinance No. 2014 -20, An Ordinance of the City Council of the City of
Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa
Village Parking Management District Plan and Establishing the Balboa Village Parking
Management Overlay District (PA2014 -016) (Program Two - Parking Management
District Plan and Overlay District), and finding the action exempt from CEQA pursuant
to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303
(New Construction), 15311 (Accessory Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, and pass to second reading on January 13,
DRAFT Minutes
Page 3 of 5
4 -35
2015; b) introduce Ordinance No. 2014 -21, An Ordinance of the City Council of the City
of Newport Beach Amending Newport Beach Municipal Code Sections 12.44.025 and
12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014 -016)
(Program Three - Parking Benefit District), and finding the action not subject to 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, and pass to second reading on January 13, 2015; c)
adopt Resolution No. 2014 -101, A Resolution of the City Council of the City of Newport
Beach, California Establishing Funding for the Area Benefit District Reserve (PA2014-
016) (Program Three - Parking Benefit District), and finding the action not subject to
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; d) introduce Ordinance No. 2014 -22,
An Ordinance of the City Council of the City of Newport Beach Amending Section
12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter
Fees in Balboa Village (PA2014 -016) (Program Four - Public Parking Fees (on- street)),
finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pass to
second reading on January 13, 2015; e) adopt Resolution No. 2014 -102, A Resolution of
the City Council of the City of Newport Beach, California Establishing a Revised
Schedule of Parking Fees for Off - Street Parking Meter Zones 17 18, 23, 28, and 29
Located in Balboa Village (PA2014 -016) (Program Four - Public Parking Fees (off- street
public lots)), and finding the action not subject to CEQA pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3; and fj adopt Resolution No. 2014 -103, A Resolution of the City
Council of the City of Newport Beach, California Establishing a Parking Permit System
for Balboa Village (PA2014 -016) (Program Five - Other Parking Programs and Permits),
and finding the action not subject to CEQA pursuant to Sections 15060(c)(2) and
15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor
Hill
Council Member Petros reiterated the objective of the approved programs, but noted
there is no protection for residents should the enhancement grow and strip parking
from the area. He suggested directing staff to determine community desire for the
residential parking permit program.
Mayor Hill added that every time Council tries to solve a problem in one area, it
potentially creates another problem in other areas.
Council Member Gardner commented on the need to go before the Coastal Commission
with definite findings, including resident support.
Council Member Daigle noted the need to ensure that the Municipal Code provisions are
being adhered to relative to the support of 50% plus 1 of residents, noting that
currently, only 25% of residents support the program.
DRAFT Minutes
Page 4 of 5
G' c��
Motion by Council Member Henn to introduce Ordinance No. 2014 -19, An
Ordinance of the City Council of the City of Newport Beach Amending Sections 12.68.040
and 12.68.060 of the Newport Beach Municipal Code Establishing the Balboa Resident
Parking Permit Program on the Balboa Peninsula (PA2014 -016) (Program One -
Residential Permit Parking Program (RP3)), and finding the action exempt from the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15301 (Existing
Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, and pass to second reading on January 13, 2015.
The motion died for lack of a second.
Motion by Council Member Gardner, seconded by Council Member Daigle, to
direct staff to come back with information on how to conduct an adequate survey.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
Noes: Council Member Henn
DRAFT Minutes
Page 5 of 5
4 -37
Attachment CC6
Advisory Ballot
UBE
Balboa Residential Parking Permit Program
Advisory Ballot to the City Council
Dear Resident, Property Owner, and Mooring Area C Permit Holder
Residents of the Balboa Peninsula have historically experienced parking
shortfalls. Late night or overnight parking demand from commercial uses within
Balboa Village (east of Adams Street) and commercial boating uses are seen as
contributing factors that reduce parking availability in the residential area to the
west of Balboa Village between 7th Street and Adams Street. Residents from this
area have proposed, and the Balboa Village Advisory Committee supports, the
creation of an overnight Residential Parking Permit Program ( "RP3") to eliminate
"spillover" commercial parking onto the nearby residential streets. If enacted,
overnight parking on specified streets would require a permit. The program
details are summarized on the advisory ballot to the City Council enclosed.
The City is providing this advisory ballot to gauge resident support for the
proposed permit program. Please carefully review the information on the ballot
and submit the completed ballot in the enclosed self- addressed, stamped
envelope by Friday, February 27, 2015. Please note that the program is subject
to change based upon outcome of this balloting. If you have any questions or
concerns, please contact me by phone or email. Thank you for your assistance.
James Campbell, Principal Planner
Community Development Department
City of Newport Beach
949 - 644 -3210 1 Jcampbell(a�newportbeachca.gov
UBRI
Balboa Residential Parking Permit Program
Advisory Ballot to the City Council
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Please complete and submit the enclosed advisory ballot in the
self - addressed, stamped envelope provided by no later than
Friday February 27, 2015
Thank you.
MUS
SEW PpR�
Balboa Residential Parking Permit Program
n Advisory Ballot
C9CIFORH`P
((OWNER—FIRST)) ((OWNER—LAST))
((MAIL—NUM)) ((MAIL—STREET))
cMAIL_CITY», ((MAIL—STATE)) ((MAIL—ZIP))
((PARCEL —NO))
PROPOSED PREFERENTIAL PARKING ZONE: All public streets between 7th Street and
Adams Street, except for on- street metered stalls at the median in Balboa Boulevard.
See the map on the back of the enclosed letter. Phase 1 (Island Avenue to Adams
Street) would be implemented first with Phase 2 (7th Street to Island Avenue)
implemented after the successful implementation of Phase 1 and if deemed necessary.
ELIGIBILITY: All residents within the proposed zone, including residents of Bay Island
and Mooring Area C Permit Holders would be eligible to purchase permits.
PARKING AVAILABILITY: A parking permit holder would not be guaranteed an on- street
street parking space but would be allowed to park in the preferential parking zone
during the posted hours wherever parking is available.
HOURS: On- street parking restricted to valid permit holders between 4:OOPM — 9:OOAM,
7 days per week, excluding federal holidays.
NUMBER OF PERMITS: Four (4) permits per household
Six (6) overnight guest permits
PERMIT TYPE: Non - transferable parking permits would be issued annually and may be a
sticker affixed to a resident's vehicle; a rearview mirror hangtag; or linked to a vehicle's
license plate number. The method of permit is to be determined.
PERMIT COST: $16 for each annual permit
$1 for each guest permit for each overnight period
CHANGES: The program outlined in this advisory ballot, if adopted by the City, is subject
to California Coastal Commission approval and may change.
Please signify your support or opposition of the parking permit program described by
checking one of the two following choices:
SUPPORT F-1 OPPOSE F-1
I hereby certify that I live, own property, or hold a valid mooring permit within the
proposed preferential parking zone:
Signature: _
Name Printed:
Date:
Please return the advisory ballot in the self- addressed, stamped envelope by Friday,
February 27, 2015. Thank you for your participation in this important project.
•Sfu