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HomeMy WebLinkAboutOrd. 04-1239ORDINANCE 04-1239 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS AND THE IN-LIEU FEE PARKING ALLOWANCES IN THE DOWNTOWN DISTRICT The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 13, 2004, to consider the Planning Commission recommendation to amend the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district. SECTION 2. The Planning Commission held a duly noticed public hearing on January 21, and February 18, 2003, to consider amending the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district, and recommended amendments to the downtown parking requirements. SECTION 3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the zoning ordinance may have a significant effect on the environment SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows: Amend Section 17.44.040 to read as follows: “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 space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet) 2. Offices, general: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) 3. Office, medical: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) B. When the use of an existing building or portion thereof is less than 5,000 square feet gross floor area is changed from a non-restaurant 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 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 1 space per 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, said in-lieu fee contributions shall be considered to satisfy the requirements of this chapter. 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 one to one or less may pay an "in-lieu" fee for all required spaces. b). Building sites where buildings will exceed a one to one 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.” SECTION 5. Eliminate Section 17.44.190. SECTION 6. Amend Section 17.44.140 as follows: “17.44.140 Requirements for new and existing construction For buildings containing commercial uses in the downtown district see Section 17.44.040. (A., B., and C. no change) Amend D and E as follows: D. For every building in a C or M zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this chapter. However for an expansion of an existing building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. In no case shall new construction reduce the parking serving an existing use below the requirements of this chapter. E. When the use of an existing building or structure not located in the downtown district is changed to a more intense use with a higher parking demand, 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 the requirement for the existing or previous use which shall be met prior to occupying the building unless otherwise specified in this chapter.” SECTION 7. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 9. 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, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of April, 2004, by the following vote: AYES: Reviczky, Tucker, and Mayor Yoon NOES: Edgerton and Keegan ABSTAIN: None ABSENT: None ______________________________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ___________________________________________ ________________________________________________ City Clerk City Attorney