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HomeMy WebLinkAboutORD 205 1995 0301ORDINANCE 205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 189 PERTAINING TO: A) ALLOWING NO MORE THAN 15% OF THE PARKING REQUIREMENTS FOR THEATERS TO BE COMPACT PARKING SPACES; AND B) REDUCING SETBACKS, LANDSCAPING REQUIREMENTS, AND PARKING REQUIREMENTS IN THE DOWNTOWN AREA Whereas, on November 28, 1994, the Planning Commission studied, held a public hearing, and recommended the City Council make the modifications described in Section 3 to the City's Zoning Ordinance in order to clarify certain sections of the Ordinance and to better fit the needs of the City; and Whereas, the City Council opened and closed the public hearing on January 4, 1995; and Whereas, the City Council determined that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment; and Whereas, requested changes to the Zoning Ordinance as directed by the City Council have been made to the Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). SECTION 2. That the Current Zoning Ordinance No. 189 is hereby amended as found in Section 3. SECTION 3. Sec. 8108 -1.1.1 - Downtown Parking Requirements - Parking in the Downtown Area (as defined in Section 8110 -12) shall meet one -half the standards required pursuant to Section 8108 -1. Of the parking required by this Section, the applicant may choose to pay an in- lieu fee in order to reduce any portion of the parking spaces otherwise required to be provided on -site. The fee shall be established by City Council Resolution and shall be used to offset a portion of the cost required to construct public parking facilities in the Downtown area. PP12:06:99 110:13amA: \CC.0RL) Sec. 8106 -1.2.1 - Setbacks in the Downtown Area - Front, rear and side -yard setbacks in the Downtown Area (as defined in Section 8110 -12), shall be "as specified by Permit ". Sec. 8108 -2.6 - Landscape Requirements in the Downtown Area - The percentage of landscaping required for the project in the* Downtown Area (as defined in Section 8110 -12) shall be "as determined by Permit ". Landscaping in the public right -of -way (at the permittee's frontage) may be considered towards satisfying the applicant's landscaping requirements. The applicant shall be responsible for maintaining such landscaping, if such landscaping is used to satisfy the requirements of this Section. Sec. 8108 -1 - 1 - PARKING ff. Recreational Uses: (14) Theaters, Amphitheaters, and similar spectator -type enterprises and establishments: i. Without fixed seats: 1 space per 21 square feet of gross floor area. ii. With fixed seats: 1 space per 3.5 fixed seats. The approving authority may allow up to 15% of the required parking spaces for theaters to be compact parking spaces. Sec. 8108 -1.4.1 - Parking Space Size - The size of each off - street parking space shall be an unobstructed minimum of 9 feet wide by 20 feet long, except that: a. On legal lots less than 26 feet wide requiring two parking spaces, the Director of Community Development may reduce the width requirement of the parking spaces to no less than eight feet. b. Where a concrete curb around functions as a wheel stop, the space abutting such curb may b feet, provided that the planter where vehicles overhang one si eight feet wide where vehicles planter; and further provided damage or interfere with plant PP1 2:06:99 /10:13amA: \CC.0RD a planter in a parking lot required length of a parking a reduced by a maximum of 2 is at least 5 1/2 feet wide 3e of the planter, or least overhang both sides of the that the overhang will not ;rowth or irrigation systems. C. The minimum size of a parallel parking space shall be 8 1/2 feet by 24 feet. Each space shall be provided with adequate ingress and egress. d. The minimum size of a compact parking space shall be 7 1/2 feet by 15 1/2 feet. Each space shall be provided with adequate ingress and egress. SECTION 4. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after the passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose PASSED, APPROVED AND ADOPTED this , st day of March, 1995. Paul W. Lawrason, Jr. Mayor ATTEST: illian E. Hare City Clerk PP12:06:94 110:13amA: \CC.ORD MOORPARK i 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 205 was adopted by the City Council of the City of Moorpark at a meeting held on the 1st day of March , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZ_NIAK, AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 2nd day of March 1995. illian E. Hare City Clerk (Seal) PAUL W. LAWRASON JR BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmer ^h-r Councilmember Councilmember