HomeMy WebLinkAboutAGENDA REPORT 2009 0715 CC REG ITEM 08A E
ITEM 8.A.
CI'T'Y OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL '
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
DATE: July 1, 2009 (CC Meeting of 711512009)
SUBJECT: Consider Ordinance to Approve Zoning Ordinance Amendment No.
2009-01, Amending Section 17.32.025: High Street Area Parking
Requirements
BACKGROUND/DISCUSSION
In June 2007, the City Council amended and updated the City's Parking Ordinance in its
entirety. Since that time the amended ordinance has worked well with the exception of
the High Street area. While the Council's amendments to the parking ordinance
reduced the required parking in the High Street area to fifty percent (50%) if an in-lieu
fee was paid, the cost of the in-lieu fee has discouraged any "buy-downs" of parking to
the 50% standard. Additionally, parking for eating and drinking places is substantially
higher than for retail sales and service places making it very difficult to attract new
eating and drinking places in the High Street area or to see expansions of those eating
and drinking places that are already on High Street.
This proposed amendment reduces the parking standard in the High Street area from
seventy-five percent (75%) of the required parking to fifty percent (50%) if the parking is
open to the general public and makes the required parking for eating and drinking
places in the High Street area the same as those for retail shops and services. The
current citywide parking requirement for eating and drinking places is one parking space
per 100 square feet of floor area. The current citywide parking requirement for retail
shops and services is one space per 300 square feet of floor area. Given the
availability of street parking and public parking lots, an effective standard for the High
Street area of one space per 600 square feet of retail shops and restaurants would
provide sufficient off-street parking and allow for the downtown to develop with a flexible
mix of restaurants and retail uses. It should be noted that any reduction in parking
below the citywide standard would require parking areas to be unreserved and available
for all visitors to downtown. The attached ordinance shows the changes in legislative
format.
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Honorable City Council
July 15, 2009
Page 2
The Planning Commission held a public hearing to consider this proposed amendment
to the Zoning Ordinance on June 23, 2009. The commission recommended approval of
the ordinance. Some additional non-substantial formatting changes have been made
since the Planning Commission meeting to provide more clarity in the regulations. The
City Attorney has reviewed the proposed amendment to the Zoning Ordinance in
accordance with City policy.
PROCESSING TIME LIMITS
Since this ordinance amendment was initiated by the City, the processing time limits
under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5),
the Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3) are not applicable.
ENVIRONMENTAL DETERMINATION
In accordance with the city's environmental review procedures adopted by resolution,
the Planning Director determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects may be exempt
from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment.
A project which does not qualify for an exemption requires the preparation of an Initial
Study to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. approving Zoning Ordinance Amendment 2009-
01, for first reading, waive full reading, and schedule second reading and
adoption for September 2, 2009.
ATTACHMENT:
1. Ordinance No.
SACommundy Development\DEV PMTS\Z O A\2009\01-High St Parking=090715.doc
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2009-01, AMENDING SECTION 17.32.025,
HIGH STREET AREA PARKING REQUIREMENTS, OF CHAPTER
17.32, OFF-STREET PARKING, OF TITLE 17 (ZONING) OF THE
MOORPARK MUNICIPAL CODE
WHEREAS, at its meeting of June 23rd, 2009, the Planning Commission
conducted a duly-noticed public hearing on Zoning Ordinance Amendment No. 2009-01.,
amending Section 17.32.025 High Street area parking requirements of Chapter 17.32
Off-street parking of Title 17 (Zoning) of the Moorpark Municipal Code, received public
testimony on the proposed amendments, and after receiving oral and written public
testimony, closed the public hearing and recommended approval of Zoning Ordinance
Amendment No. 2009-01 to the City Council; and
WHEREAS, at its meeting of July 15, 2009, the City Council conducted a duly-
noticed public hearing on Zoning Ordinance Amendment No. 2009-01, amending
Section 17.32.025 High Street area parking requirements of Chapter 17.32 Off-street
parking of Title 17 (Zoning) of the Moorpark Municipal Code, received public testimony
on the proposed amendments, and after receiving oral and written public testimony,
closed the public hearing and reached a decision; and
WHEREAS, the City Council concurs with the Planning Director's determination
that this project is exempt from the provisions of the California Environmental Quality
Act by the general rule that CEQA only applies to projects that may have a significant
effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds the proposed amendments to Chapter 17.32, Section 17.32.025 of
the Moorpark Municipal Code related to High Street area parking requirements within
the city are consistent with the City of Moorpark General Plan and all adopted Specific
Plans.
SECTION 2. Section 17.32.025 of the Moorpark Municipal Code related to
High Street area parking is hereby amended as shown in Exhibit A.
CC ATTACHMENT 1
003
Ordinance No.
Page 2
SECTION 3. 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 section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. 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 Star a 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 AND ADOPTED this day of , 2009.
Janice S. Parvin, Mayor
Deborah S. Traffenstedt, City Clerk
Exhibit A: Zoning Ordinance Amendment No. 2009-01: Amendments to Section
17.32.025 of the Moorpark Municipal Code
004
Ordinance No.
Page 3
EXHIBIT A
17.32.025 High street area parking requirements.
A. Commercial development on High Street is unique within the city and its parking
must be addressed in a manner different than parking for other commercial development. The
Downtown Specific Plan establishes standards for development which are unique to the
downtown and High Street in particular. Parking in the High Street area (High Street from
Moorpark Avenue on the west to Spring Road on the east and Walnut and Bard Streets from
High Street to Charles Street) must meet seveFity five fifty percent (7-550%) of the required
parking pursuant to Section 17.32.020 of this chapter. In consideration of providing fewer
parking spaces than required by Section 17.32.020 a percentage of the parking spaces
provided as set forth below must be open and available to the general public at all times (shared
parking) In addition eating and drinking places in the High Street area shall have the same
required parking as retail shops and services in the High Street area. In-lieu of meeting the
required parking as stated above, the applicant may pay a fee based on the estimated value of
a fully improved parking space, circulation and landscaping to reduce the required on-site
parking an additional ten (10) percent to fly forty percent (6040%) of the required parking
pursuant to Section 17.32.020 of this chapter. The city council shall establish the fee by
resolution to be used to offset a portion of the cost required to construct public parking facilities
in the downtown area.
B.
the-parking-area- All parking spaces provided above the seventy-five fifty (7550 0/6) percent
standard per subsection A above may be designated as reserved parking. Reserved spaces
become fesipfesal shared parking spaces after six (6:00) p.m. until two (2:00) a.m. so that those
spaces are available for off-peak parking by the general public.
a nGlude the tiFne Festi:irtiens. All signing Fn---s t -h e on n_enfeR:AanGe with GhapteF 17.40 Sion
Regulations. ReGip Shared parking spaces are required in accordance with the following
table.
Percentage>of Perc�r�tage:af. .
Parking Standard Requ�recf,Ies�aresai
Provided S(iatdPackirr
40to 49 85
50 to-74 75
75 50
For example, if Section 17.32.020 requires one-hundred (100) parking spaces and fly forty
(684 parking spaces are provided, then thirty-eight thirty-four ( � parking spaces must be
reciprocal and twelve six (42§) parking spaces may be reserved for exclusive use for the on-site
uses of the property between two (2:00) a.m. and six (6:00) p.m.
C. Reserved parking signs are required for all reserved spaces. These signs must
include the time restrictions. All signing must be in conformance with Chapter 17.40 Sign
Regulations.
D. Properties with one or more driveways providing direct access to public streets in
the High Street area as described in subsection A above must provide reciprocal vehicular
access to adjacent properties and the general public to its shared parking spaces.
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Ordinance No.
Page 4
E. Notwithstanding the foregoing, any property providing one-hundred (100%)
percent of the parking required pursuant to Section 17.32.020 is exempt from the shared
parking and shared access requirements set forth herein.
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