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Home My WebLink AboutAGENDA REPORT 1995 0201 CC REG ITEM 09AA,' t w f= I Lug 7 2 (44 Yl )RPARK. CALF '-- ✓l Co.:n li Meel..ng : ty Council McEP:: 199-5- , f,CTION: —� 1 AGENDA REPORT ~LION: The Honorable City Council BY By ACTION: FROM: Jaime Aguilera, Director of Community Developme 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 150 of the parking requirements for theaters to be compact parking spaces; and b' .o reduce setbacks, landscaping requirements, and parking requ_.rerrents i- the downtown area. At a duly noticed meeting held on November 28, 1994, the Planning Commission held a public hearing Dn this matter and adopted the attached resolution recommending t c) t Ze C` Lty Council the following changes to the City's Zoning Ordinance: PP12:06:9419: S5amA:AIJAN91,. L 00205 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. 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 a reduction in landscaping and setback requirements. The filing _A 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 downt =own area seems contrary to planned enhancement for this area. The reconstruction of the Mayflower Market, to the pre- earthquake footprint and square footage st,aradards could occur without the filing of a Variance if the previ i;lv ot:,t]_ined modifications are made to the Zoning Ordinance. Commercial Planned Development Pe.:tma.t In terms of the effect these ord_i_ lance changes will have on the Mayflower Market, those are issues that will be resolved as part of their application for a CPD at thy- Planning Commission level. The Council should be cognizant of thi fact that the proposed changes to the ordinance will allow the Approval Authority (Planning Commission in this case) wide d.screti.on in terms of setback, landscape and parking requirements decisions by the Commission may be seen as precedent by futile level pens. The ordinance as FF12:06:9419:55amA:A4JAN95. 00206 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 t.-ie Generally 1 space per 30C, sq. ft. of building area (this requirement varies depending on actual use) Landscaping: 10 0 of lot (which woula 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 justification for the inappropriate based on Variance the fact that dici not exist. The City Council determined that another approach to allow compact parking for the theater uses woui.3 be t.o adopt an amendment to Article 8 of the Zoning OrdinancE Lo allow compact parking for theater uses only. At the publi: 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 15% of the required parking spaces for theaters to be compact parking spaces (as previc3us.y described). The Planning Commisssion also questioned the size :-)f_ the proposed compact spaces and staff responded that the ordina�.:ce required that compact spaces be no less than 7.5 feet by 15. ": -'t in size. Upon further review of the new City Zoning Ordinance staff has discovered that the Ordinance no longer describes the s i z�_� of - ompact spaces. Therefore staff also recommends that the C' urlr.i1 consider adding section 8108- 1.4.1.d of t_he Zoning Ordiriar is t .) _lows: Sec. 8108 -1.4.1 - Parking Space Size_ - Thr size of each off - street parking space shall be an unobstr_lc t ed minimum of 9 feet wide by 20 feet long, except that: PP12: 06: 9419:15a111A: A4JA109',.. 3 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 plant 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 Drdinance were forwarded to the City .Attorney for review on 12/28/99. Any changes will be forwarded to the City Council as soon as the-,, are available. Recommendations: 1. Open the public hearing, accent 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 Ordina -ce for first reading. Attachments: 1. Planning Commis�lan Res)lution 2. Draft Ordinance PP22:06:9419:55amA:,4JAN95.- 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 155 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 ri y, and Whereas, the City Ccurrc_1 opened and closed the public hearing on January 4, 1995; and Whereas, the City ouncil 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 thF Zoning Ordinance does not have the potential for causing a sign-if 'ca,it 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 modi f i c,it ions t:o the City's Zoning Ordinance are categorically ex, =mpt pursuant to State CEQA Guidelines Section 15061 (b) ( ") SECTION 2. That the Current Z(,Iiny Ordinance No. 137 is hereby amended as found in Section 3. PP12: 06: 94110:13amA:A CC. ORf 00212 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 squ.irre feet of gross floor area. ii. Witt; f__xed seats: 1 space per 3.5 fixF l seats . Sec. 8108 - 1.4.1 - Parking Space Size The size of each off - street parking space shall be an unobstruc t.ea mi;r imum of 9 feet wide by 20 feet long, except that: a. On legal lots less than 26 teet wide requiring two parking spaces, the Director of CommU,lity Development may reduce the width requirement of the pai},c n,3 spares 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 mad he reduced by a maximum of 2 feet, provided that the planter is at least 5 1/2 feet wide where vehicles overhang one sl_de of the planter, or least eight feet wide where vehicle" overhang both sides of the planter; and further provid('d tha? the overhang will not damage or interfere with LLt t brow?h or irrigation systems. C. The minimum size of a paral 1, _ park _ng space shall be 8 1/2 feet by 24 feet. Each space ha l_ 1, provided with adequate ingress and egress. PP1 ?:06:94 /10:13amA:ACC OR1 ... 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, phrases, parts or portions be declared invalid or unconstitutic��a SECT -ION 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 ifter the passage and adoption thereof, cause the same to be pub - _;shed once in the Moorpark News, a weekly newspaper of general cix+:,ulaticn, as defined in Section 6008 of the Government Code, for- tl -� City Df Moorpark, and which is hereby designated for that purpos, PASSED, APPROVED AND ADOPTED this day of , 1995. Paul Mayor ATTEST: Lillian E. Hare City Clerk PP12: 06 r 94/10:13amA: AC(. CRl 3 W. I,awrason, Jr. 00214