HomeMy WebLinkAboutAGENDA REPORT 1995 0104 CC REG ITEM 09Br �j� iVf • s
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AGENDA REPORT N tvl-
TO: The Honorable City Council , ,
3Y ---- � . ,r,CTION:
FROM: Jaime Aguilera, Director of Community Developmeil_1zj.-
Prepared by Paul Porter, Senior Planner By
DATE: December 6, 1994 (CC meeting of January 4, 1995)
SUBJECT: CONSIDER REVISIONS TO ORDINANCE NO. 189 (ZONING
ORDINANCE) AS DIRECTED BY THE CITY COUNCIL REGARDING
DEVELOPMENT STANDARDS FOR DOWNTOWN AND THEATER PARKING
Background
At the City Council meeting of September "7, 1994, the City Council
directed the Planning Commission to study, set a public hearing and
provide a recommendation to the City Council pertaining to the
proposed changes to the Zoning Ordinance pertaining to: a) allow
no more than 15% of the parking requirements for theaters to be
compact parking spaces; and b) ,o reduce setbacks, landscaping
requirements, and parking requ-_reTri -ants it the downtown area.
At a duly noticed meeting held oa November 28, 1994, the Planning
Commission held a public hearing )n this matter and adopted the
attached resolution recommending t) the C..ty Council the following
changes to the City's Zoning Ordinance:
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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
squa:,-e feet of gross floor area.
ii. With fixed seats: 1 space per 3.5
fixed seats.
Discussion
Reduction in Setback Parking and _Landscaping Requirements in the
Downtown Area
Due to the requirements outlined in the City's Zoning Ordinance and
given the proposed Mayflower Market reconstruction project, the
reconstruction of the Mayflower market would require the approval
of a Variance in order to allow reduction in landscaping and
setback requirements. The filing of a Variance seems onerous given
the prevalence of non - existing landscaping and zero setbacks for
existing buildings in the downtown ,area. Further, justification of
a variance would prove difficult given that the building could be
redesigned to meet all ordinance :requirements. Therefore, the
imposition of the existing Zoning Ordinance requirements in the
downtown area seems contrary to planned enhancement for this area.
The reconstruction of the Mayflower Market, to the pre- earthquake
footprint and square footage standards could occur without the
filing of a Variance if the prev:c.,�sl.✓ outlined modifications are
made to the Zoning Ordinance.
Commercial Planned Development Permit
In terms of the effect these ordi.rtance changes will have on the
Mayflower Market, those are issues that will be resolved as part of
their application for a CPD at the Planning Commission level. The
Council should be cognizant of the fa(,t that the proposed changes
to the ordinance will allow t'hE Approval Authority (Planning
Commission in this case) wide :L,,,cretion in terms of setback,
landscape and parking requirement., de�,isions by the Commission may
be seen as precedent by futt:,:r 3. 'rf-�lopers . The ordinance as
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proposed provides parameters for parking. The Council may want to
consider giving the Planning Commission direction as to similar
limits for landscaping and setbacks.
Notwithstanding the aforementioned, staff expects that the Market
will be the only major project to avail itself of these new
standards before more comprehensive standards are developed as part
of the Downtown Plan. As the Council may be aware, staff is
currently awaiting responses to an informal RFP process meant to
secure the services of a consultant to produce the Downtown Plan.
Current Setback Parking and Landscaping Standards (C -2 Zone)
Setbacks:
Parking:
5' from each property lone
Generally 1 space per 300 sq. ft. of building area (this
requirement varies depending on actual use)
Landscaping:
10'. of lot (which would be part of the setback square
footage in most cases)
Compact Parking
Ventura Capital Group applied for a Variance with the application
for Major Modification No. 2 (CPD 89 -1) to allow compact parking
spaces for a theater use in conjunction with the commercial
development of Mission Bell Plaza II. The City Council determined
that a Variance was inappropriate based on the fact that
justification for the Variance did riot. exist.
The City Council determined that another ,,approach to allow compact
parking for the theater uses would be to adopt an amendment to
Article 8 of the Zoning Ordinance to allow compact parking for
theater uses only. At the publics hearing held on November 28,
1994, the Planning Commission proposed that an amendment to the
Zoning Ordinance be made stating that the approving authority may
allow up to 150 of the required parking spaces for theaters to be
compact parking spaces (as previously described). The Planning
Commisssion also questioned the size of the proposed compact spaces
and staff responded that. the ordinance required that compact spaces
be no less than 7.5 feet by 15.5 feet -n ;size. Upon further review
of the new City Zoning Ordinance staff has discovered that the
Ordinance no longer describes the s,_ze of ompact spaces. Therefore
staff also recommends that the Council consider adding section
8108 - 1.4.1. d of the Zoning Ordi nar,-e as f ollows :
Sec. 8108 -1.4.1 - Parking Space Size 'I'h(, size of each off- street
parking space shall be an unobstr zc -ec Mill-MUM of 9 feet wide by 20
feet long, except that:
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00207
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 a planter in a parking lot
functions as a wheel stop, the required length of a parking
space abutting such curb may be reduced by a maximum of 2
feet, provided that the planter is at least 5 1/2 feet wide
where vehicles overhang one side of the planter, or least
eight feet wide where vehicles overhang both sides of the
planter; and further provided that the overhang will not
damage or interfere with plane growth 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.
City Attorney Review
The proposed changes to the Zoning Ordinance were forwarded to the
City Attorney for review on 12/28/94. Any changes will be forwarded
to the City Council as soon as they are available.
Recommendations:
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b? 3).
3. Introduce the attached Ordinance for first reading.
Attachments: 1. Planning Commission Resolution
2. Draft OrdinancE
PP12 :06:9419:55amA:A4JAN95.C',"'
4
00208
RESOLUTION NO. PC -94-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA MAKING A
RECOMMENDATION TO THE CITY COUNCIL PERTAINING
TO PROPOSED CHANGES TO THE CITY'S ZONING
ORDINANCE RELATED TO DOWNTOWN PARKING,
LANDSCAPING AND SETBACK STANDARDS, AND PARKING
STANDARDS FOR THEATERS
Whereas, on February 20 1991, the City Council rescinded
the previous Zoning Ordinance as well as Ordinance Nos. 74
(Parking/ Setbacks), 76 (Maximum Density), 113 (Signs), 83 (Produce
Stands), 112 (Day Care Facilities), 121 (1,000 foot notification),
and 130 (RPD Zones) in their entirety; and
Whereas, the Council adopted the then current County
Ordinance with several modifications; and
Whereas, in using the Ordinance, staff has noted that
there has been a need to make several minor modifications in order
to clarify certain sections of the Ordinance and to better fit the
needs of the City; and
Whereas, on September 7, 1994, the City Council directed
the Planning Commission to study, set a public hearing and provide
a recommendation to the City Council pertaining to modification to
the City's Zoning Ordinance; and
Whereas, at a duly noticed hearing on November 28, 1994,
the Planning Commission held a public hearing on this matter; and
Whereas, the Planning Commission determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines pursuant to 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. 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.
ATTACHMENT 1
00209
SECTION 2. That the Planning Commission finds:
That the modifications to the City's Zoning Ordinance is
categorically exempt pursuant to State CEQA Guidelines
pursuant to 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.
SECTION 3.
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.
00210
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF NOVEMBER, 1994.
AYES:
NOES:
ATTEST:
Celia LaFleur, Secretary _
Chairman:
Michael H. Weisner Jr.
00211
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ORDINANCE NO. 137 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 Counc_1 Dpened and closed the public
hearing on January 4, 1.995; 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 tc the Zoning Ordinance does not have
the potential for causing a si.gnifjcant . 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 Zor.inq Ordinance No. 137 is hereby
amended as found in Section 3.
PP12:06: 94110: 13amA: � CC. OR1)
00212
Sec. 8108 -1 - 1 - PARKING
ff. Recreational Uses:
(14) Theaters, Amphitheat=ers, and similar spectator -type
enterprises and establishments:
i. Without fixed seats: 1 space per 21
squa,,e feet of gross floor area.
ii. With fixed seats: 1 space per 3.5
fixed seat~.
Sec. 8108 -1.4.1 - Parking Space Size - The size of each off - street
parking space shall be an unobstr -j(:ed 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 pai -kinq spades to no less than eight
feet.
b. Where a concrete curb around a planter in a parking lot
functions as a wheel stop, the required length of a parking
space abutting such curb may be reduced by a maximum of 2
feet, provided that the planter is at least 5 1/2 feet wide
where vehicles overhang one side of the planter, or least
eight feet wide where vehicles overhang both sides of the
planter; and further provided ,hat the overhang will not
damage or interfere with plan, growth or irrigation systems.
C. The minimum size of a parallc -1 �arking space shall be 8 1/2
feet by 24 feet. Each space ;;ha]1 hE, provided with adequate
ingress and egress.
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00213
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, l:)hrase parts or portions be
declared invalid or unconstitutioir,,1..
SECTION 5. This Ordinance shat k>ecome effective thirty (30)
days after the passage and adopt._cr,.
SECTION 6. The City Clerk sha__1 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 sarne is passed and adopted; and
shall, within fifteen (15) days after_ the passage and adoption
thereof, cause the same to be published orice in the Moorpark News,
a weekly newspaper of general -jr, ulaticn, as defined in Section
6008 of the Government Code, foi }: ty ,)f Moorpark, and which is
hereby designated for that purpo,44-
PASSED, APPROVED AND ADOPTED thi: clay of 1995.
Pat..l W Lawrason, Jr.
Ma,,,-o r
ATTEST:
Lillian E. Hare
City Clerk
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