Loading...
HomeMy WebLinkAboutORD NO. 21-1436 (OFF STREET PARKING) Page 1 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 21-1436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING SECTIONS 17.26.050 AND 17.52.035 AND CHAPTER 17.44 OF THE HERMOSA BEACH MUNIPAL CODE RELATING TO OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL ZONES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Planning Commission held a duly noticed public hearing on July 20, 2021, to consider amending the Hermosa Beach Municipal Code Sections 17.26.050 and 17.52.035 and Chapter 17.44 related to off-street parking requirements in the commercial zones (TEXT 20-02). SECTION 2. The City Council held a duly noticed public hearing on August 10, 2021, not to exceed forty (40) calendar days following the Planning Commission’s recommendation, to consider amending the Hermosa Beach Municipal Code Sections 17.26.050 and 17.52.035 and Chapter 17.44 related to off-street parking requirements in the commercial zones (TEXT 20-02). SECTION 3. Pursuant to Public Resources Code §21083.3 and CEQA Guidelines §15183, projects that are consistent with the development density of existing zoning, community plan or General Plan policies, for which an Environmental Impact Report (EIR) was certified, shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. The text amendments have no new impacts that have not already been analyzed in the General Plan EIR, Supplemental EIR and there will be no cumulative or off-site impacts from the proposed project that were not already addressed in the General Plan EIR. As such, the text amendments are exempt from further CEQA review. The project is categorically exempt from the California Environmental Quality Act DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 2 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Reducing the availability or parking spots for certain commercial uses in the City will reduce impacts on the environment by reducing car trips to City businesses and encourage the use of public transportation or other alternative to driving. The zone text changes are also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308, which exempts actions by regulatory agencies to protect the environment. SECTION 4. The City Council approves of the following amendments to the Hermosa Beach Municipal Code: 1. Subsections 17.26.050 (B)(6)(b) of Chapter 17.44 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: b. Standards and Limitations. The location, design and operation of the limited outdoor seating area shall comply with all of the following: i. Outdoor seating shall be incidental and accessory to food establishments for patrons of the food establishment to consume food or beverages purchased during the hours that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m. in the C-3 zone and zones that allowC-2 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted. Employee break areas physically separated and restricted from public use are regulated by subsection (B)(3) of this section. ii. The outdoor seating area authorized by this subsection (B)(6) shall not exceed a total of two hundred (200) square feet of floor area per business or tenant space, and shall not contain more than one (1) seat per fifteen (15) square feet of area. Where the outdoor seating area is located on both private property and the public right-of-way, the cumulative outdoor seating area shall not exceed two hundred (200) square feet of floor area and shall not contain more than one (1) seat per fifteen (15) square feet of area. Seating shall not be reserved, and waiter/waitress table service shall not be provided. Additional parking is not required. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 3 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iii. The outdoor seating area shall be located proximate to the business providing the seating, such as adjacent to the building, within courtyards, or on balconies or decks, excluding including any roof deck. Outdoor seating areas shall not be arranged so as to create food courts. Outdoor seating areas shall not reduce, be located within, or damage any required landscaped area. iv. Alcoholic beverages shall not be offered, sold or consumed within the outdoor seating area. v. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area. vi. The location and use of the outdoor seating area shall not obstruct the movement of pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles; entrances; legal signs; utilities or other improvements. A minimum four (4) foot wide pedestrian path shall be maintained, unless otherwise required by law. When located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided. vii. Furnishings shall be strictly limited to chairs, benches and tables, and single pole table umbrellas designed for outdoor use. Extraneous objects, such as portable shade canopies, podiums, heat lamps, and service objects, are not allowed. All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles. viii. All furnishings shall be maintained in good condition at all times. The area shall be supplied adequate solid waste management containers and maintained in a neat and clean manner, free of litter and graffiti, at all times. ix. Any lighting provided for the use shall be extinguished no later than 11:00 p.m. in the C-3 zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted, and shall be high-efficiency, the minimum intensity necessary, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), not create glare or spill beyond the property lines, and the lamp bulb shall not be directly visible from within any residential unit. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 4 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x. The use of water for cleaning the area shall conform to Chapter 8.56, Water Conservation and Drought Management Plan, and shall be minimized and any runoff generated shall drain to the sewer system only and shall under no circumstances drain to the stormwater system. xi. Noise emanating from the property shall be within the limitations prescribed by Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely affect the welfare of the residents or commercial establishments nearby. xii. The design and use of the outdoor seating area shall conform to all building, fire, zoning, health and safety and other requirements of the Municipal Code and all other requirements of law. 2. Chapter 17.44 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 17.44.015 Applicability. The requirements of this Chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided below. A. New Buildings and Land Uses. On-site parking shall be provided in accordance with this Chapter at the time any main building or structure is erected or any new land use is established, except as provided below. B. Change of Use of Existing Buildings. When a new use is established in an existing building, parking shall be provided as follows: 1. Late Night Alcohol Establishment. Where the new use is a late night serving alcohol establishment, parking in accordance with this Chapter shall be provided. 2. Uses Other than Late Night Alcohol Establishment. When a new use other than a late night alcohol establishment is established in an existing building no additional parking spaces shall be required. Any addition or expansion to the existing building shall provide parking pursuant to 17.44.015. D, Additions or Expansions of Existing Buildings. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 5 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Downtown and C-1 Districts. 1. In the Downtown and C-1 Districts, no on-site parking is required for the first 5,000 square feet of ground floor non-residential, non-office, and non-late night alcohol establishment use. Parking in accordance with this Chapter shall be provided for ground floor area in excess of 5,000 square feet and for all upper story floor area. 2. In the Downtown and C-1 Districts, residential, office, and late night alcohol establishments shall provide parking in accordance with this Chapter. D. Additions or Expansions of Existing Buildings. 1. Additions less than 10 percent or 500 square feet. No additional parking is required for alterations to existing buildings that do not change the building square footage on site by more than 10 percent or 500 square feet, whichever is greater, provided the use is other than a late night alcohol establishment. 2. Additions greater than 10 percent or 500 square feet. Additional parking in accordance with this Chapter shall be provided for any alteration which would change the building square footage on site by more than 10 percent or 500 square feet, whichever is greater. 3. Late night alcohol establishments. For late night alcohol establishments, additional parking in accordance with this Chapter shall be provided for any alteration what would change the building square footage on-site. E. When Constructed. Parking facilities required by this Chapter shall be constructed or installed prior to final inspection or the issuance of a Certificate of Occupancy for the uses that they serve. 17.44.030 Off-street parking--Commercial and business uses. Required Number of Spaces by Use. The aggregate amount of off-street automobile parking spaces provided for various uses shall not be less than the following: unless a parking plan approved by the planning commission pursuant to 17.44.210 allows for a reduction in the number of spaces required. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 6 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater. B. Automobile or boat sales: one (1) space for each one thousand (1,000) square feet of site area. C. Bowling alleys: five (5) spaces for each lane plus one (1) space for each three hundred (300) square feet of gross floor area except bowling alley lanes and approach areas. D. Clubs, fraternity and sorority houses, rooming and boarding houses and similar uses having sleeping and guest rooms: two (2) covered spaces for each three (3) guest rooms; in dormitories each fifty (50) square feet shall be considered a guest room; two (2) spaces shall be required for each guest room with kitchen facilities. E. Commercial Uses. 1. Bars and cocktail lounges: one (1) space for each eighty (80) square feet of gross floor area. 2. Beauty colleges: one (1) space for each one hundred (100) square feet of gross floor area. 3. Business schools and trade schools: one (1) space for each one hundred (100) square feet of gross floor area. 4. Furniture and hardware stores: one (1) space for each two hundred fifty (250) square feet of gross floor area. 5. Offices, general: one (1) space for each two hundred fifty (250) square feet of gross floor area. 6. Offices, Governmental and Public Utilities. Government offices that generate high levels of contact with the public, or have high numbers of employees, including but not limited to employment offices, public social services offices, Department of Motor Vehicle offices: one (1) space per seventy-five (75) square feet of gross floor area for the first twenty-thousand (20,000) square feet of the building(s), plus one (1) space per two hundred fifty (250) square feet of gross floor area for the remaining floor area. 7. Offices, medical: five (5) spaces for each one thousand (1,000) square feet of gross floor area. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 7 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Restaurants (other than walk-up, drive-through and drive-in: one (1) space for each one hundred (100) square feet of gross floor area plus one (1) per 200 square feet of on-site outdoor seating area in excess of 400 square feet. 9. Restaurants, walk-up, drive-through and drive-in without adequate dining room facilities: one (1) space for each fifty (50) square feet of gross floor area, but not less than ten (10) spaces. 10. Retail, general retail commercial uses: one (1) space for each two hundred fifty (250) square feet of gross floor area. 11. Gymnasiums/health and fitness centers, as follows: a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. b. Greater than three thousand (3,000) square feet but not more than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per two hundred (200) square feet of gross floor area. c. Greater than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per one hundred (100) square feet of gross floor area. F. Hospitals: two (2) spaces for each patient bed. G. Hospitals (mental), convalescent homes, guest homes, rest homes, sanitariums and similar institutions: one (1) space for each three (3) beds. H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2) units after one hundred (100) units. Hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately in accordance with the provisions of this chapter. I. Industrial Uses. The parking requirements of this subsection apply only to industrial uses; parking for commercial and other permitted uses in industrial zones shall provide the number of spaces as otherwise specified by this chapter. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 8 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Industrial uses of all types, except, public utility facilities and warehouses: one (1) space for each vehicle used in conjunction with the use; plus one (1) space for each three hundred (300) square feet of gross floor area. 2. Warehouses, buildings or portions of buildings used exclusively for warehouse purposes: one (1) space for each one thousand (1,000) square feet for the first twenty thousand (20,000) square feet; plus, one (1) space for each two thousand (2,000) square feet for the second twenty thousand (20,000) square feet; plus one (1) space for each four thousand (4,000) square feet in excess of forty thousand (40,000) square feet; plus one (1) space for each vehicle operated from the property. Prior to approval of a warehouse use by the city, a covenant shall be recorded, guaranteeing the warehouse area, facility or building will not be converted, remodeled or changed to a nonwarehouse use unless the number of spaces otherwise required by this chapter are secured and provided prior to such change or unless approved by planning commission in accordance with this chapter. J. Mobilehomes or trailer parks: two (2) spaces for each dwelling unit with at least one (1) space adjacent to the trailer site. K. Mortuaries or undertaking establishments: one (1) space for each seventy-five (75) square feet of building area for the chapel or public assembly area. L. Motels: one (1) space for each unit, plus two (2) for the manager’s unit. M. Recreation or amusement establishments: one (1) space for each seventy-five (75) square feet of gross floor area. N. Service stations: one (1) space for each one thousand (1,000) square feet of site area. O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant, unless it can be shown to the planning commission that the characteristics of the building, its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the planning commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210, Parking plans. DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 9 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P. Short-term vacation rentals in commercial zones: one (1) space per bedroom, in no case less than one (1) space per unit and a maximum of two (2) spaces per unit being required.(Ord. 19-1395 §5, 2019; Ord. 17-1378 §7, 2017; Ord. 14-1346 §4, 2014; Ord. 04-1241 §4, 2004; Ord. 95-1126 §1, 1995; prior code Appx. A, § 1152) 17.44.040 Parking requirements for the downtown district. The following requirements apply within the boundary of the downtown district, as defined by the map incorporated by this reference: A. The amount of parking shall be calculated for each particular use as set forth in Section 17.44.030 with the exception of the following: 1. Retail, general retail commercial uses: one (1) space for each 333.33 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). 2. Offices, general: one (1) space for each 333.33 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). 3. Office, medical: one (1) space for each 333.33 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). B. When the use of an existing building or portion thereof is less than five thousand (5,000) square feet gross floor area is changed from a nonrestaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion thereof is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than five thousand (5,000) square feet gross floor area as noted above), the requirement for additional parking shall be calculated as the difference between the required parking as stated in this chapter for that particular use as compared to a base requirement of one (1) space per two hundred fifty (250) square feet gross floor area. D. For expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. E. Parking In-Lieu Fees. When the city council provides for contributions to an improvement fund for a vehicle parking district in lieu of parking spaces so required, DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 10 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 said in-lieu fee contributions shall be considered to satisfy the requirements of this chapter pursuant to a parking plan approved by the planning commission. 1. The director of the community development department shall be responsible for the calculations required under this chapter and shall calculate and collect the in- lieu contribution. 2. The following allowances through in-lieu fee contributions for parking may be allowed with a parking plan as approved by the planning commission and as prescribed in Section 17.44.210: a. Building sites with a ratio of building floor area to building site of 1:1 or less may pay an "in-lieu" fee for all required spaces. b. Building sites where buildings will exceed a 1:1 gross floor area to building site area ratio shall be required to provide a minimum of twenty- five (25) percent of the required parking on-site. (Ord. 04-1239 §4, 2004; Ord. 94-1099 §1, 1994: prior code Appx. A, § 1152.5) 17.44.060 Common parking facilities. Pursuant to a parking plan approved by the planning commission, Ccommon parking facilities may be provided to wholly or partially satisfy the off-street parking requirements of two (2) or more uses when one (1) or more of such uses will only infrequently generate use of such parking area at times when it will ordinarily be needed by the patrons or employees of the other use(s). A. Up to one hundred (100) percent of the parking requirements of governmental and public auditorium uses may be allowed to be provided in such multiple-use parking areas. Up to eighty (80) percent of the parking requirements of other uses may be allowed to be provided in such multiple-use parking areas. B. The following factors shall be considered in determining the proportionate part of the required parking for such use(s): 1. Whether the affected requirements are those of permanent buildings, or those of mere occupancies; DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 11 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The peak as well as normal days and hours of operation of such buildings and of the structures and occupancies with which it is proposed to share multiple-use parking areas; 3. Whether the proposed multiple-use parking area is normally or frequently used by the patrons, customers or employees of other buildings or occupancies which will share such parking area at the same time as the applicant’s patrons, customers and employees will normally or frequently utilize such parking area; 4. The certainty that the multiple-use parking area(s) will be available for satisfying such parking requirements to the extent approved, and the permanency of such availability; 5. The proximity and accessibility of the multiple-use parking area(s). C. A parking plan approval by the planning commission for multiple-use parking area(s) shall be so conditioned as to reasonably ensure the satisfaction of the appropriate parking requirements during the continued existence of the buildings or occupancies involved. D. If the common parking area(s) and the building sites to be served are subject to more than one ownership, permanent improvement and maintenance of such parking facilities must be provided in one of the following manners: 1. By covenant or contract among all such property owners; and duly recording an appropriate covenant running with the land; 2. By the creation of special districts and imposing of special assessments in any of the procedures prescribed by state law; 3. By utilizing the authority vested in a parking authority as provided by state law; 4. By dedicating such common parking area to the city for parking purposes subject to the acceptance of such dedication by the city council. (Prior code Appx. A, § 1154) 17.44.070 Off-street parking--Mixed uses. Whenever there is a combination of two or more distinct uses on one lot or building site, the total number of parking spaces required to be provided for such lot or building site shall be not less than the sum total of the parking spaces required for each of the distinct uses. No off-street parking facilities provided for one use shall be deemed to provide parking facilities for any other use except DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 12 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as otherwise specified within this chapter or allowed pursuant to approval of a parking plan. (Prior code Appx. A, § 1155) 17.44.110 Tandem parking and entry-way standards for residential parking. 1. Residential Parking. 1. No entranceway for vehicular access to any garage shall be less than eight feet wide. No such entranceway shall have less than six feet eight inches vertical clearance. 2. In all residential zones, required parking spaces including replacement of on- street parking may be tandem. In the R-1 zone only, tandem parking may be accessed directly from a public street. 3. Guest spaces in all residential zones may be located in garage setbacks of seventeen (17) feet or nine feet as required in Section 17.44.090(C) ; provided, they comply with the dimensional requirements specified in Section 17.44.100. However, in no case may one guest space be located behind another guest space. 4. The second floor level of a dwelling unit may project over a driveway fronting on a street or alley to within the prescribed setback required by the zone in which the development is proposed, or exists. (Prior code Appx. A, § 1159) 2. Non-residential Parking. Tandem parking may be permitted to satisfy parking requirements for non-residential uses in accordance with the following. 1. No more than two vehicles shall be placed one behind the other. 2. Both spaces shall be assigned to a single non-residential establishment. 17.44.140 Requirements for new construction. Parking spaces shall be provided, permanently maintained and available for every building hereafter erected in compliance with this Chapter 17.44. 17.44.190 Valet Parking Reserved. Required off-street parking spaces for non-residential uses may be provided through valet parking with review and approval of a parking plan, in accordance with Section 17.44.210 (Parking plans). DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75 Page 13 of 13 21-1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Subsections 17.52.035 (D)-(E) of Chapter 17.44 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: A. Nonresidential buildings are subject to the provisions of 17.44.015. in a C or M zone nonconforming as to parking may be expanded only if applicable parking requirements for the amount of the expansion area are satisfied. B. When the use of an existing commercial, manufacturing or other non-residential building or structure is changed to a more intense use with a higher parking requirement the requirement for additional parking shall be calculated as the difference between the required parking as stated in Section 17.44.030 for that particular use as compared to the requirement for the existing or previous use, which shall be met prior to occupying the building unless otherwise specified in Chapter 17.44. (Ord. 05-1257 § 8, 2005) SECTION 5. The City Council finds that the proposed amendment is consistent with the general objectives, principles, and standards of the General Plan. PASSED, APPROVED and ADOPTED this 14th day of September, 2021 by the following vote: AYES: Councilmembers Jackson, Campbell, Armato, Mayor Pro Tem Detoy, and Mayor Massey NOES: None ABSENT: None ABSTAIN: None _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Eduardo Sarmiento, Michael Jenkins, City Clerk City Attorney DocuSign Envelope ID: CDABFD99-F675-427B-A270-8921027DFF75