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ORDINANCE 1444ORDINANCE NO. 1444 AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE ( "ESMC ") PARKING AND LOADING REGULATIONS. SECTION 1: The City Council finds and declares as follows: A. On March 22, 2007, City staff provided the Planning Commission a status report on research regarding possible amendments to El Segundo Municipal Code ( "ESMC ") Chapter 15 -15 regulating parking and loading; B. On April 3, 2007, the City Council directed staff to recommend changes to the ESMC; C. On April 5, 2007, the City of El Segundo filed an application t amend the ESMC's regulations regarding parking and loading; D. On September 22, 2009, City staff met with the Planning and Building Safety Advisory Group to review and discuss the off - street parking and loading standards; E. On November 12, 2009, the Planning Commission considered staffs recommendations and provided staff further direction; F. On December 15, 2009, the City Council considered staff and Planning Commission recommendations. It directed staff to prepare proposed changes to the ESMC; G. This Ordinance was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC; H. In addition, the City reviewed the project's potential environmental impacts of this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA ") the regulations promulgated thereunder (14 Cal Code. of Regulations §§ 15000, et seq., the "CEQA Guidelines ") and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for May 27, 2010; Page 1 of 54 J. On May 27, 2010, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony; K. On May 27, 2010, the Planning Commission adopted Resolution No. 2674 recommending City Council approve Environmental Assessment No. EA- 755 for Zone Text Amendment No. 07 -02; L. On June 15, 2010, the City Council held a public hearing and considered the information provided by City staff and public testimony; and adopted an ordinance approving Environmental Assessment No. EA -755 for Zone Text Amendment No. 07 -02; M. In adopting this Ordinance, the Council intends simply to regulate parking and loading, impose the community's design standards, and protect public health and safety; and N. When adopting this Ordinance, the City considered the entire administrative record concerning parking and loading regulations including, without limitation, information set forth in staff reports presented to the El Segundo Planning Commission and City Council; public testimony; the City's General Plan; and other evidence set forth in the record or commonly known to the community. SECTION 2: Findings. The findings set forth in Planning Commission Resolution No. 2674 are incorporated into this Ordinance by reference as if fully set forth. SECTION 3: All instances of the term "Director of Community, Economic and Development Services" set forth in the ESMC sections affected by this Ordinance are amended to read "Director of Planning and Building Safety." SECTION 4: The definitions of "Cafe," "Drive- Through Restaurant" and "Food- to -Go" set forth in ESMC § 15 -1 -6 are respectively renamed "Restaurant, Cafe," "Restaurant, Drive - Through," and "Restaurant, Food- to -Go." The terms "Cafe," "Drive- Through Restaurant," and "Food- to -Go," as used in the ESMC, however, may be used interchangeably with "Restaurant, Cafe," "Restaurant, Drive - Through," and "Restaurant, Food- to -Go." The definitions of these terms remain unchanged. SECTION 5: El Segundo Municipal Code ( "ESMC ") § 15 -1 -6 is amended to read as follows: Page 2 of 54 "15 -1 -6: DEFINITIONS: CAFE: See RESTAURANT, CAFE. DRIVE - THROUGH RESTAURANT: See RESTAURANT, DRIVE - THROUGH. FAST FOOD RESTAURANT: See RESTAURANT, FAST FOOD. FOOD- TO -GO: See RESTAURANT, FOOD-TO-GO. FULL SERVICE RESTAURANT: See RESTAURANT, FULL SERVICE. RESTAURANT: Any business establishment, building, or structure where food or drink are prepared and served for consumption either on or off the premises, which may also include as accessory uses, service to persons over an interior counter, outside the structure, or from an outdoor service window. Any restaurant with an automobile service window shall be considered a drive - through restaurant." SECTION 6: A new definition of "Restaurant, Fast Food" is added to ESMC§ 15 -1 -6 to read as follows: "RESTAURANT, FAST FOOD. A restaurant where customers purchase food and beverages and either consume the food and beverages on the premises within a short period of time or take the food and beverages off the premises. Typical characteristics of a fast food restaurant include, without limitation, the purchase of food and beverages at a walk -up window or counter; no table service by a server; payment for food and beverages before consumption; and the packaging of food and beverages in disposable containers. A restaurant is not be considered a fast food or take -out restaurant solely on the basis of incidental or occasional take -out sales." SECTION 7: A new definition of "Restaurant, Full Service" is added to ESMC§ 15 -1 -6 to read as follows: Page 3 of 54 "RESTAURANT, FULL SERVICE. A restaurant where customers purchase food and beverages and consume the food and beverages on the premises. Typical characteristics of a full service restaurant, include, without limitation, table service by a server; payment for food and beverages after consumption; and serving food and beverages in non - disposable containers. A full service restaurant may include incidental or occasional take -out sales." SECTION 8: The definition of "Floor Area (Net)" set forth in ESMC § 15 -1 -6 is amended to read as follows: "FLOOR AREA (NET): The area of all floors or levels included within the exterior surrounding walls of a building or structure. The total space devoted to high or medium bay labs, in the M -1 Zone only, may be multiplied by a factor of 0.5 to determine the net floor area. Space devoted to the following shall not be included when determining the total net floor area within a building or structure: A. Elevator shafts. B. Stairwells. C. Courts or atriums uncovered and open to the sky. D. Rooms exclusively holding building operating equipment. E. Parking spaces at or above grade and access thereto; provided, that in commercial and manufacturing zones: 1. Not less than the front fifty percent (50 %) of the ground floor is devoted to commercial /manufacturing use; and 2. At least one full level of parking below grade is provided. F. Structures devoted exclusively to parking. G. Restrooms in common areas of nonresidential buildings." SECTION 9: The definition of "Offices, General" set forth in ESMC § 15 -1 -6 is amended to read as follows: "OFFICES, GENERAL: Offices maintained and used as a place of business conducted by persons whose business activity consists principally of services to the person as distinguished from the handling of commodities. This does not include medical - dental offices. General offices include, but are not limited to the following: Page 4 of 54 A. Administrative /Business. Establishments providing direct services to consumers, such as credit, lending, and trust agencies, data processing services, detective agencies, employment, insurance agencies, real estate offices, stenographic, secretarial and word processing services, union offices and utility company offices. B. Broadcasting Offices and Studios. Commercial and public communications uses, including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. C. Production. Office -type facilities occupied by businesses engaged in the production of intellectual property. Production uses include computer software production and programming services, media post production services, graphic design, fashion, photography and commercial art studios, writers and artists offices. D. Professional. Professional offices include accounting; advertising agencies; architectural, engineering, planning and surveying services; attorneys; auditing and bookkeeping services; consulting; corporate; counseling services; court reporting services; educational services; literary and talent agencies; management and public relations services; scientific and research organizations." SECTION 10: ESMC § 15 -1 -6 is amended to add and amend the following definitions: "* * *COMMERCIAL: A. Retail sales. Alcohol sales (off- site), building material stores, convenience stores, general retail stores, and warehouse retail showrooms. General retail stores: General retail stores include sales, without limitation, of appliances, art gallery, artists' supplies, bakeries (retail only), bicycles, books and periodicals, cameras and photographic supplies, clothing and accessories, computer and computer equipment, electronics, department stores, drug and discount stores, collectable items sales, curio, gift and souvenir shops, dry goods, fabric and sewing supplies, florists and houseplant stores (indoor), furniture and home furnishings, grocery stores, hardware, hobby materials, household and kitchen goods, jewelry, luggage and leather goods, musical instruments, parts and accessories, newsstands, orthopedic supplies, pharmacies, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, and toys and games. Page 5 of 54 B. Retail services. Personal Services and Business and Consumer Support Services. Personal Services: Personal services include, without limitation, barber shops and beauty salons, clothing rental, dry cleaning pick -up stores with limited equipment, hair, nail, facial, and personal care, laundromats (self - service laundries), photo development, shoe repair shops, tailors, tanning salons. Personal Services do not include massage establishments. Business and Consumer Support Services: Business and consumer support services include, without limitation, establishments primarily providing consumers and businesses with services, including maintenance, repair and service, testing, rental, as well as the following: business equipment repair services (except vehicle repair, see "vehicle sales and services - maintenance /repair "), computer - related services (rental, repair), copying, quick printing, and blueprinting services, equipment rental businesses within buildings, film - processing laboratories, heavy equipment repair services where repair occurs on the client site, household appliance and equipment repair services, janitorial and maid services, mail advertising services (reproduction and shipping), photocopying and photofinishing, protective services (other than office- related), window cleaning. Personal Services and Business and Consumer Support Services may also include accessory retail sales of products related to the services provided. C. Financial institutions. Banks and trust companies, credit agencies, credit unions, investment companies, lending and thrift institutions, securities /commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies. Financial institutions do not include check cashing or pay day loan facilities. RECREATIONAL FACILITIES: A. Public recreational facilities are facilities that are operated by a government agency. 1. Indoor: Examples include, without limitation, indoor entertainment, multi- purpose recreational buildings, and studios for dance, art, music, photography, and martial art. 2. Outdoor: Examples include, without limitation, Athletic fields, ball parks and bleachers, basketball, racquetball, tennis, and volleyball courts, golf courses, Page 6 of 54 parks and other areas of active or passive recreational usage, swimming pools, trails and bicycle trails. B. Private /Commercial. 1. Indoor: Examples include, without limitation, arcades, billiard /pool halls, bowling alleys, indoor entertainment, racquetball and tennis courts, and skating rinks. 2. Outdoor: Examples include, without limitation, amusement centers (arcades, skating rinks, miniature golf, and similar uses), golf courses, miniature golf, racquetball and tennis courts. SCHOOLS, PRIVATE: Private schools are educational institutions that include, without limitation, adult level, business, vocational, and trade schools; boarding schools; colleges and universities; private pre - schools, elementary schools, middle or junior high schools, and high schools; military academies; professional schools (law, medicine, etc.), seminaries /religious ministry training facilities. Private schools also include specialized non - degree granting schools offering instruction in: art, ballet and other dance, computers and electronics, cooking, drama, driver education, language, and music. VEHICLE SALES AND SERVICES: The sales, rental, repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes, without limitation, the following categories: A. Accessories Installation. Minor facilities that specialize in the addition of supplemental convenience items or devices to vehicles that do not involve the primary operating system of a vehicle (such as motors or transmissions) or structural features (such as body, chassis, or suspension). For example, these establishments provide installation of alarms, stereos, and window tinting. B. Vehicle Sales /Rental. Retail establishments selling or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. The term does not include the sale of auto parts /accessories separate from a vehicle dealership (see "Auto Parts Sales "); bicycle and moped sales (see "Retail: General Retail Stores "); tire recapping establishments; or "Service Stations," which are separately defined. C. Vehicle Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicles Sales and Page 7 of 54 Services "). The term does not include businesses dealing exclusively in used parts. D. Car Washes. Permanent, self - service and /or attended car washing establishments, including fully mechanized facilities. May include detailing services. E. Impounding /Storage. Facilities that provide impounding and storage of towed or impounded vehicles. Does not include towing (see "Vehicle Sales and Services: Towing "). F. Maintenance /Repair. The installation, replacement, tuning, or maintenance of the various parts, equipment, or operating systems of a vehicle, which includes body and fender work, engine overhauling and replacement, transmission work, automobile painting, and car washing. G. Accessory retail sales and services. Includes retail sales and services, storage of tires, car parts and other automobile supplies, and limited automobile sales. Automobile sales cannot exceed eight (8) automobiles per month; not more than three (3) automobiles can be displayed at one time. H. Mobile Home and Recreational Vehicle Sales. Retail establishments selling and /or renting the following new or used vehicles and products: Boats, campers /camper shells, golf carts, jet skis, mobile homes, motor homes, motorcycles, snowmobiles, travel /recreational trailers, and other recreational vehicles. Service Stations. (See definition of "Service Stations ") Towing. Facilities that provide vehicle towing. Does not include storage of towed or impounded vehicles (see "Vehicle Sales and Services: Impounding /Storage). SECTION 11: ESMC § 15 -2 -6 is amended to read as follows: "CORNER CLEARANCE: For the purpose of safe visibility, all corner lots, and reverse corner lots must maintain a triangular area, described as follows: One angle must be formed by the front and side property lines, and the sides of this angle must be fifteen feet (16) in length, measured along the front and side property lines; the third side of this triangle must be a straight line connecting the two (2) other lines at their endpoints. Within the area comprising this triangle, no trees, fences, shrubs, retaining walls, buildings and structures, or other physical obstructions must be permitted to exceed thirty inches (30 ") in height from street grade, unless it is a tree which is trimmed to provide a minimum of twelve feet (12') of visibility from street grade under the canopy Page 8of54 created by the branches. FIGURE 1 - CORNER CLEARANCE AND DRIVEWAY VISIBILITY 101-0" tlra .�.�.�.�.�.�. '.' •.•.•.•.• ..•.•.•. •�• •.• •. .•. .•.• DRIVEWAY APPROACH SIDEWALK I _ 4 WAY \mil w(r BY ur-cr CORNER vaniTY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN 90' N HEIGHT FROM STREET GRADE, UNLE88 RIB A TREE WHICH 18 TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBINJTY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESMC ®152 -M d �a A 10%W BY 10'-0' DRIVEWAY V"KJTY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN W N HEIGHT FROM STREET GRADE, UNLESS R IS A TREE WHICH IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (ESMC$15.2 -11) SECTION 12: ESMC § 15 -2 -11 is amended to read as follows: "DRIVEWAY VISIBILITY: A. Triangle Area Required: To provide visibility for pedestrians and drivers, a visibility triangle must be formed along each side of the driveway located on the subject property. Within this area fences, walls, and landscaping must not be allowed to exceed thirty inches (30 ") in height from street grade, unless it is a tree which is trimmed to provide a minimum of twelve feet (12) of visibility from street grade under the canopy created by the branches. B. Location And Description: The triangular area must be located adjacent to, but outside the driveway area, and must be described as follows: one angle must be formed by the intersection of the driveway and the property line abutting the street, the sides of which must be ten feet (10') in length. The third side of this triangle must be a straight Page 9 of 54 line connecting the two (2) other lines at their end points. FIGURE 1 - CORNER CLEARANCE AND DRIVEWAY VISIBILITY 16-^ MN. ._ L 1a-' L L 10.aV DRIVEWAY APPROACH .�. .. .�. SIDEWALK V. 18-0' BY I w.(r CORNER vaniTY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN Mr IN HEIGHT FROM STREET GRADE, UNLESS IT IB A TREE WHICH IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (SSMC ®1 &Q-S) \7.`DRI , a A .4 d 19-0' BY IM(r DRIVEWAYVMBUTY TRIANGLE MUST NOT CONTAIN LANDSCAPING GREATER THAN Mr IN HEIGHT FROM STREET GRADE, UNLESS R 18 A TREE WHICH IS TRIMMED TO PROVIDE 12 -FOOT HIGH VISIBILITY FROM STREET GRADE UNDER THE CANOPY CREATED BY THE BRANCHES (SSMC 1115 -2 -11) SECTION 13: ESMC § 15 -2 -14 is amended to read as follows: "A. Requirement; Purpose: The goal of this Section is to ensure that adequate landscape areas and permanent irrigation facilities are provided for all new development. The area extending between a building(s) and property lines must contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading. All new landscape areas must comply with ESMC Title 10, Chapter 2 relating to Water Conservation in Landscaping. The purpose of these landscape areas is: B. Components: To achieve these purposes, the landscape criteria is divided into three (3) separate components: those areas related to "vehicular use areas "; areas related to "building perimeter "; and those areas related to the "property Page 10 of 54 perimeter," set forth below. 4. Minimum sizes for plant material: a. The minimum tree container size for all trees on a site must be provided as follows: i. At least 20% of the trees must be 36 -inch box size or larger. ii. At least 30% of the trees must be 24 -inch box size or larger. iii. The remaining 50% must be 15- gallon size or larger. iv. The Director of Planning and Building Safety may approve smaller tree container sizes than required based on site conditions, however no tree may be smaller than a 15- gallon size. b. Shrubs must be planted from a minimum 5- gallon -size container. One - gallon -size containers may be allowed for shrubs that are not commonly available in 5- gallon -size containers, subject to approval by the Director of Planning and Building Safety." SECTION 14: ESMC § 15 -4A -8 is amended to read as follows: "OFF STREET PARKING AND LOADING SPACES: Off street parking must be provided as required by chapter 15 of this title, but in no case can a driveway or curb cut be less ten feet (10) in width. Where the driveway access and curb cut is to a two (2) car or larger garage which exits directly onto the front street, the driveway and curb cut cannot be less than sixteen feet (16') in width. Driveway entrances and exit locations must be provided in conformance with subsection 15 -15 -50 of this title." SECTION 15: ESMC § 15 -4A -10 is amended to read as follows: "VEHICULAR ACCESS: Where an R -1 lot abuts an alley, vehicular access to the lot must be from the alley, except when eighty percent (80 %) or more of the properties on the block have existing vehicular access from the street. For the purposes of this section, the "block" is defined as the properties on the same side of the street between the nearest intersecting streets. Curb cuts and driveways must be installed in conformance with section 15 -4A -8 of this article and subsection 15 -15 -50 of this title." SECTION 16: ESMC § 15 -4B -10 is amended to read as follows: "VEHICULAR ACCESS: Where an R -2 lot abuts an alley, vehicular access to the lot must be from the alley, except when eighty percent (80 %) of more of the properties on Page 11 of 54 the block have existing vehicular access from the street. For the purposes of this Section, the "block" is defined as the area on both sides of the street between the nearest intersecting streets. Curb cuts and driveways must be installed in conformance with subsection 15 -15 -50 of this Title." SECTION 17: ESMC § 15 -4C -9 is amended to read as follows: "VEHICULAR ACCESS: Where an R -3 lot abuts an alley, vehicular access to the lot must be from the alley. Curb cuts and driveways must be installed in conformance with subsection 15 -15 -50 of this Title." SECTION 18: ESMC § 15- 4E -5(B) is amended to read as follows: "PARKING FOR R -1 ZONES: B. Off - Street Parking: Off - street parking spaces must be provided for a second dwelling unit in addition to that required for the main residence. The number and type of parking spaces must comply with Chapter 15 of this Title as it relates to two- family dwellings. The required parking space may not block any required existing enclosed space for the existing underlying zone, nor conflict with access to a required parking space." SECTION 19: ESMC Chapter 15 -15 (Off- Street Parking and Loading Spaces) is amended in its entirety to read as follows: "Chapter 15 OFF - STREET PARKING AND LOADING SPACES SECTION: 15 -15 - 1: Purpose 15 -15 - 2: Applicability 15 -15 - 3: General Provisions 15 -15 - 4: Plan Preparation and Permit Approval 15 -15 - 5: Parking Area Development Standards 15 -15 - 6: Required Parking Spaces 15 -15 - 7: Off - Street Loading Space Standards Page 12 of 54 15 -15 -1: PURPOSE. The purpose of this Chapter is to provide for adequate off - street parking and loading standards, to ensure that parking spaces are suitably maintained and available for the use of the occupants of the site and to mitigate associated on- street parking and traffic circulation problems throughout the City. 15 -15 -2: APPLICABILITY. A. The provisions of this Chapter apply in all zones of the City unless specifically provided otherwise in an adopted specific plan. B. The provisions of this Chapter apply at the time a building or structure is erected, altered, or expanded, or when the use is established, changed or expanded. C. Parking spaces and loading spaces established by this Chapter must be improved as required by this Chapter before new buildings or structures are occupied or existing buildings or structures are expanded or modified for a new use. D. The provisions of this Chapter apply to parking facilities for authorized temporary uses or special events, except where specifically exempted by the Director of Planning and Building Safety. 15 -15 -3: GENERAL PROVISIONS: A. Compliance. It is unlawful for any person to violate any part of this Chapter including, without limitation, any discretionary or ministerial permit issued by the City pursuant to this Code or Chapter. B. Availability. It is unlawful for required parking to be utilized in any manner inconsistent with the lawful uses of property including, without limitation, rendering it unavailable for property occupants, patrons, or visitors of a building or use during normal hours of operation. This meaning shall not be construed to prohibit security devices. C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas must be maintained free of debris, graffiti, and litter; and striping, paving, walls light standards, and all other facilities must be maintained in good condition. D. Location of Parking. All required parking must be located on the same lot or building site as the uses for which such spaces are required, unless an Off -Site Parking covenant is approved in compliance with this Chapter. E. Mixed or Multiple Uses and/or Occupancies. A site with multiple uses or mixed occupancies must provide the aggregate number of parking spaces required by this Page 13 of 54 chapter for each separate use. On site parking spaces for one use cannot be considered as providing required parking spaces for any other use, except when authorized through an Off -Site Parking Covenant in accordance with this Chapter. F. Fractional Spaces. Where the application of cumulative parking requirements results in a fractional space, then the fractions are rounded to the nearest whole number. G. Expansion or Remodeling of Building, or Change in Use. 1. Expansion of Building or Use, Generally. Upon change or expansion of a building, or outdoor use area resulting in additional floor area devoted to a use, additional outdoor use area, or an increase in the number of dwelling units on a lot, additional parking and loading spaces must be provided only for the additional floor area, outdoor use area, or residential units without diminishing the existing parking, unless such parking exceeds the requirements of this chapter. 2. Addition of Floor Area to a Dwelling Unit. Notwithstanding any other provision of this Chapter, the cumulative addition of 1,000 square feet of floor area to a residential unit upon the effective date of this ordinance must comply with the minimum parking requirements for residential units as established in this Chapter. 3. Change of Use, Generally. When the use of a building changes to another use that is required to have the same number of parking spaces, no additional parking spaces are required for the new use, regardless of the number of spaces provided by the previous use, if the previous use was legally established and the number of spaces has not decreased. When a change in use requires more off - street parking than the previous use, additional parking spaces must be provided equal in number to the difference between the total number of spaces required by the new use and the number of spaces required for the immediately previous use. When a change in use requires less off - street parking than the previous use, no additional parking spaces are required. H. Off -Site Parking. 1. Applicability. The Director of Planning and Building Safety may approve off -site parking locations within the city for nonresidential uses to meet the parking requirements of this chapter. Such off -site parking locations must be secured with a covenant, approved by the city attorney, and recorded in the county recorder's office before the city issues building permits. The off -site parking spaces used to satisfy the parking requirements for a different site must be surplus to the required parking spaces required for uses of the off -site location. Alternatively, the Planning Commission may approve a reduction of required parking spaces as provided in this Chapter. Page 14 of 54 2. Director Review. The Director of Planning and Building Safety may review off - site parking covenants for a maximum of twenty (20) parking spaces or 20 percent of the required number of parking spaces, whichever is less. The parking covenant may include such conditions as the Director of Planning and Building Safety may lawfully impose. 3. Planning Commission Review. The Planning Commission must review all off -site parking covenants for more than 20 parking spaces. The parking covenant may include such conditions as the Planning Commission may lawfully impose. 4. Off -Site Parking Findings of Approval. Requests for off -site parking must meet the following requirements: a) The off site parking must be located so that it will adequately serve the use for which it is intended. In making this determination, the following factors, among other things, must be considered. i. Proximity of the off -site parking facilities; ii. Ease of pedestrian access to the off -site parking facilities; iii. Provisions for transportation to and from the off -site parking facility (e.g. shuttle or valet services); iv. The type of use the off -site parking facilities are intended to serve (i.e. off -site parking) may not be appropriate for high turnover uses such as retail sales and services. Joint Use /Shared Parking. Uses that share parking facilities on the same lot may be granted parking space reductions when they have significantly different peak hours of operation. Joint Use /Shared Parking reductions may be granted in compliance with this Chapter (Reductions in the Number of Required Parking Spaces). J. Parking Exceptions. 1. Director Review. The Director of Planning and Building Safety may review and approve requests for administrative adjustments from the requirements of this chapter as provided in Chapter 24 (Adjustments) of this Title including, without limitation, the design and layout of parking facilities; the required number of parking spaces; the dimensions of parking spaces; the type of loading spaces required; aisles; driveways and curb cuts; paving materials and colors; and striping. The types and extent of adjustments the Director of Planning and Building Safety is authorized to review administratively or is authorized to review subject to a public hearing are specified in Sections 15 -15 -5, 15 -15 -6, and 15 -15 -7 of this Chapter. Page 15 of 54 2. Planning Commission Review. The Planning Commission must review requests for parking reductions as specified in Section 15- 15 -6(C) of this Chapter and may review administrative adjustments referred by the Director of Planning and Building Safety. K. Failure to Maintain Required Parking. In the event on site parking and loading area facilities required to be provided under this code are not maintained for licensed vehicle parking and truck loading area purposes to the extent required, the Director of Planning and Building Safety may revoke a certificate of occupancy for structures that fail to maintain required onsite parking and loading facilities. The Director of Planning and Building Safety must provide a property owner at least ninety (90) days to comply with this code, including any ministerial or discretionary permits as to parking if it appears that a violation was reasonably beyond the control of the person required to comply with this chapter. Should a certificate of occupancy be revoked, the premises affected cannot be occupied or used for any purpose until a new certificate of occupancy is issued. 15 -15-4 PLAN PREPARATION AND PERMIT APPROVAL. A. A person seeking a building permit, change of occupancy, or change in design to a parking and loading area must submit a parking and loading area plan, in a form approved by the Director of Planning and Building Safety, to the Director of Planning and Building Safety. The plans must clearly indicate the location, size, shape and design, of all curb cuts, lighting, landscaping, and parking spaces in full compliance with code requirements. B. The City cannot issue a building permit until the applicant presents satisfactory evidence to the Director of Planning and Building Safety that parking and loading facilities required by the provisions of this chapter will be provided and maintained. 15 -15 -5: PARKING AREA DEVELOPMENT STANDARDS A. Access and Circulation. 1. Design. Parking facilities must be designed so that a car within a facility will not have to enter a street to move from one location to any other location with in the same facility. 2. Exit. Parking facilities in nonresidential zones must be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property traveling in a forward direction. However, vehicles may exit onto an alley traveling in a reverse direction. 3. The Director of Planning and Building Safety may approve administrative adjustments from the Site Access and Circulation standards as provided in Page 16 of 54 Chapter 24 (Adjustments) of this Title. B. Driveway and Parking Area Paving and Surfacing. All permanent on -site parking, loading, vehicle storage and vehicle sales areas must be paved with approved concrete or asphaltic concrete. On -site parking areas to be used for not longer than one year must be surfaced and maintained with an impervious material acceptable to the Director of Planning and Building Safety so as to eliminate dust and mud. All on -site parking areas must be graded and drained so as to dispose of all surface water in accordance with the applicable storm water regulations. The Director of Planning and Building Safety may at his discretion, approve alternative paving material such as decorative concrete, grasscrete, brick, or similar material of equivalent durability. The Director of Planning and Building Safety may approve administrative adjustments from the Driveway and Parking Area Paving standards as provided in Chapter 24 (Adjustments) of this Title. C. Parking Area Striping. All parking spaces must be clearly striped with white, double 4 -inch wide stripes, one foot apart. The Director of Planning and Building Safety may approve administrative adjustments from the parking area striping standards as provided in Chapter 24 (Adjustments) of this Title. The alternative designs may include, without limitation, the use of colored concrete and other decorative materials. Approved striping alternatives must clearly identify parking spaces and distinguish them from adjoining walkways and drive aisles. Page 17 of 54 FIGURE 1 - PARKING AREA STRIPING 2' -0" O O 6" WIDE BY 6" HIGH z CONCRETE TIRE STOP W ANCHORED TO THE GROUND. J D 2 4" WIDE PAINTED z WHITE STRIPES. 6" I I MINIMUM WIDTH rt D. Parking Space Location. 1. Residential Spaces. a) Guest Spaces. No required guest parking space for any residential use may be located, in whole or in part, in any required front yard or front two- thirds (2/3) of any required side yard. b) Required Spaces. Required parking spaces, excepting required guest parking spaces, for any residential use must be located within a required garage or carport as required in Section 15 -15 -5S of this title. 2. Nonresidential Spaces. a) Parking spaces may encroach into a required landscaped setback up to a maximum of fifty (50 %) of the required setback area, provided a minimum landscaped setback of five (5) feet is maintained. Page 18 of 54 b) Parking spaces that back -up directly into a driveway entrance must maintain a minimum landscaped setback of twenty (20) feet from any street - facing property line. c) Access by Alley. Where vehicular access is provided by an alley, parking may intrude into the required rear yard; provided, however, the amount of setback intruded upon must be replaced by increasing the other required yards on -site by an equivalent amount. FIGURE 2 - PARKING SPACE LOCATION APPROACH UJ �L z W ir I ICOMMERCIAL BUILDING 1 I I I 1 I r-W VEHICLE (7�-OVERHANG E. Parking Lot Slope. The maximum slope for parking lots is five percent (5 %). Th e and Building Safety may approve administrative adjustments slope standard as provided in Chapter 24 (Adjustments) of this Page 19 of 54 Director of Planning from the parking lot Title. F. Tire Stops. 1. Dimensions. Tire stops must be a minimum of six (6) inches wide by six (6) inches in height. 2. Location. Concrete tire stops must be provided in all parking lot areas abutting a building, structure, sidewalk, planting area, street or alley. Tire stops shall be located two (2) feet from the front of a parking space. 3. In lieu of a tire stop, a continuous concrete curb may be provided. The vehicle overhang area may be landscaped, however this landscaped area does not count toward the required Vehicle Use Area landscaping. FIGURE 3 - TIRE STOP DESIGN AND LOCATION LANDSCAPING C DNCRETE TIRE 8TW CONCRETE WALKWAY ORSDEWALK CONTINUOUSCURB TIRE STOP ALTEW ATM .. LANDSCAPING CONC BETE TIRE � r 301' RADIUS e' ANCHORING DOWEL Page 20 of 54 4. The Director of Planning and Building Safety may approve adjustments from the tire stop standard as provided in Chapter 24 (Adjustments) of this Title. G. Lighting. 1. All required parking areas must be illuminated with a minimum level of maintained 1.25 foot - candles of light during all hours of operation. 2. Lights provided to illuminate any parking area or vehicle sales areas as permitted by this code must be arranged so as to direct the light away from any premises upon which a residential dwelling unit is located. 3. Parking area light standards located within 50 feet of a property line must not exceed 25 feet in height 4. The Director of Planning and Building Safety may approve administrative adjustments from the lighting standards as provided in Chapter 24 (Adjustments) of this Title. H. Landscaping. 1. All new or substantially redesigned parking areas must provide landscaping as provided in Chapter 2 (General Provisions) of this Title. I. Parking Space Dimensions 1. Minimum oarkina space interior dimensions. Space Type Minimum Width Minimum Length Commercial Standard 8.5 feet 18 feet Residential Standard 9 feet 20 feet Residential — Narrow Lots* 8.5 feet 20 feet Vehicle Lift 11 feet 21 feet Compact 8.5 feet 15 feet Parallel 8.5 feet 24 feet Accessible ** ** Motorcycle 5 feet 9 feet Bicycle 2 feet 5 feet * Lots under 40 feet in width ** The dimensions of accessible parking spaces must comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24. Page 21 of 54 2. Single - Family Dwelling Minimum Garage Dimensions. Two -car garages for single - family dwellings must have minimum interior dimensions of 20' x 20,' except for narrow lots as indicated above. FIGURE 4 - SINGLE - FAMILY DWELLING GARAGE 21Y-o- I-CAR 1-CAR N :Y Y r r GARAGE DOOR OPENING 3. Single - Family Dwelling Maximum Garage Dimensions. Individual garages for single - family dwellings must not exceed 900 square feet in size or a four -car capacity, which ever is less. Subterranean garages and semi - subterranean garages that meet the definition of a basement are exempt from this requirement. 4. The Director of Planning and Building Safety may approve adjustments to the Parking Space Dimensions standards as provided in Chapter 24 (Adjustments) of this Title. J. Compact Spaces Permitted. Compact parking is allowed for office, industrial, hotel, and recreational uses up to a Page 22 of 54 maximum of twenty percent (20 %) of required parking spaces. Parking provided in excess of the required number may be compact in size. Compact spaces cannot be allowed for retail uses. K. Tandem Spaces Permitted. All tandem parking spaces, where allowed, must be clearly outlined on the surface of the parking facility. Use Percentage ( %) of total required spaces Percentage ( %) of total required spaces in Smoky Hollow Maximum Depth 1 Single- family and Two - Family Dwellings 100% N/A 2 spaces 2 Multiple- Family Residential Prohibited ** Prohibited ** N/A 3 Retail Uses and Services Prohibited 30% 3 spaces 4 industrial Uses*** 20% 1 85% , 3 spaces 5 Offices 20% 85% 1 3 spaces Restaurants Prohibited I 10% I 3 spaces Tandem spaces for Single and Two - Family dwellings must be assigned to the same unit. ** Tandem parking is permitted for Multiple - Family Residential developments involving density bonuses, pursuant to Government Code § 65915. * ** Includes manufacturing, warehousing, and research and development uses The Director of Planning and Building Safety may approve tandem parking and /or administrative adjustments to the tandem parking standards as provided in Chapter 24 (Adjustments) of this Title, subject to conditions. The conditions may include recording of a covenant agreement, requiring a parking attendant, requiring valet service, and other operational conditions. The Director of Planning and Building Safety may also approve tandem parking in excess of the above limits for permitted temporary uses and /or special events. L. Parking Clearance and Obstructions. Vertical Clearance The minimum vertical clearance for all parking areas must be seven (7) feet. Page 23 of 54 Exceptions Storage cabinets and other obstructions shall be permitted in an area above the front end of parking spaces that must be at least 4.5 feet above the ground and no more than 3.5 feet from the front end of the space Horizontal Parking spaces located next to walls, columns, or similar Clearance obstructions must provide an additional one foot of clearance on the side of the obstruction. Exceptions 1. Columns or similar obstructions are permitted in the one - foot clearance area four feet of the front and rear end of a parking space. 2. Walls, columns, or similar obstructions may project six inches into the front end corners of a parking space. Disabled Access Where necessary to comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24, parking facilities may deviate from the Parking Clearance and Obstructions standards. Page 24 of 54 FIGURE 5 - REQUIRED CLEARANCE AND PERMITTED OBSTRUCTIONS STORAGE CABINET GARAGE DOOR OPENING "a 8" .r I COLUMN I I ICOLUMN 1' 1 I I I I "v I MINIMUM SPACE WIDTH The Director of Planning and Building Safety may approve adjustments to the Parking Clearance and Obstructions standards as provided in Chapter 24 (Adjustments) of this Title. M. Vehicle Ramps. Ramp sloe 20% maximum Transitions required At each end of ramps that exceed a 6% slope Transition length Eight feet minimum Transition sloe At least 50% of the main ramp slope Page 25 of 54 The Director of Planning and Building Safety may approve administrative adjustments to the Vehicle Ramps standards as provided in Chapter 24 (Adjustments) of this Title. N. Drive Aisle Width and Parking Row Depth. 1. General drive aisle width and parking space depth requirements. Parking angle FIGURE 6 - VEHICLE RAMP DESIGN Aisle width - two way Standard space depth R Space width A R DRIVEWAY C C D 0° - parallel APPROACH 18 feet 8.5 feet 8.5 feet 24 feet EXISTING—+ - 12 feet 18 feet 9 feet 7.5 feet CON CRETE 50% OF 15 feet 18 feet 12.7 feet CURB � SLOPE `s 16 feet � 15.6 feet 13 feet 13—f eet 50% OF I 25 feet 18 feet 15 feet SLOPE 9'-0" LENGTH OF a'-0' TRANSITION ANN RAMP TRANSITION The Director of Planning and Building Safety may approve administrative adjustments to the Vehicle Ramps standards as provided in Chapter 24 (Adjustments) of this Title. N. Drive Aisle Width and Parking Row Depth. 1. General drive aisle width and parking space depth requirements. Parking angle Aisle width - one way Aisle width - two way Standard space depth Compact space depth Space width A B B C C D 0° - parallel 12 feet 18 feet 8.5 feet 8.5 feet 24 feet 300 12 feet 18 feet 9 feet 7.5 feet 7.5 feet 450 15 feet 18 feet 12.7 feet 10.6 feet 10.6 feet 600 16 feet 18 feet 15.6 feet 13 feet 13—f eet 900 25 feet 25 feet 18 feet 15 feet 8.5 feet Page 26 of 54 FIGURE 7 - PARKING AISLE AND PARKING SPACE DIMENSIONS ANGLED PARKING ADD 1'-0' FOR END SPACE NEXT ADD 1'4' FOR B TO WALL OR SIMLAR END SPACE NEXT OBBTRUC ION TO WALL OR SIMLAR 0BBTRUCTION i i i i C A• !' D D PARALLEL PARKING ii Y hb B s3 3 W 1r4r r4r 1aa s 4' 1110E PAINTED WHr E STWE C ADD 1'4r FOR END SPACE NEXT TO WALL OR SNILAR OBSTRUCTION D D FACE OF CONCRETE CURB 2. Exceptions for 90° parking angle. For 900 parking, the parking aisle width can deviate from the above requirements based on the following table. Page 27 of 54 Exceptions for 90° parking angle Standard Parking Spaces only)* Parking space minimum width Parking aisle width 8.5 feet 25 feet 9.0 feet 24 feet 9.5 feet 23 feet 10 feet 22 feet * The exceptions for 900 parking do not apply to garages for single and two- family dwellings 3. The Director of Planning and Building Safety may approve adjustments to the Drive Aisle Width and Parking Space Depth standards as provided in Chapter 24 (Adjustments) of this Title. O. Driveway and Curb Cuts. All curb cuts and driveways must lead directly to required parking. Curb cuts not leading to parking, must be removed whenever new buildings are constructed or additions are made to existing buildings. The location and design of all driveway entrances and exits must comply with the standards listed below. The goal of these standards is to a) to preserve on- street parking spaces, b) to improve traffic safety, and c) to improve on -site vehicle circulation. 1. Driveway and Curb Cut Width. Zone Curb Cut Width* Minimum Distance Driveway Width Minimum Maximum Minimum Maximum R1 and R2 — lots less than 10 feet 20 feet 10 feet 20 feet 50 feet wide R1 and R2 — lots at least 50 10 feet 25 feet 10 feet 28 feet feet wide R3 — serving 12 or fewer 12 feet 30 feet 12 feet 30 feet parking spaces or one -way drive aisle R3 — serving 13 or more 20 feet 30 feet 20 feet 30 feet parking spaces or two -way drive aisle Nonresidential 20 feet 30 feet 20 feet 30 feet * Curb cut width excludes the width of aprons 2. Curb Cut Locations. Zone Minimum Distance Minimum Distance Minimum Distance from between curb cuts on from curb cuts to curb cuts to p ro ert Page 28 of 54 FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS the same property street corners lines Residential 24 feet 20 feet 5 feet Nonresidential 24 feet 50 feet 5 feet FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS 2aa• (REaIOENTIAL> 1 a4r (RESDENTTAL) � iC � W.(r "MERCNL) 24-0' MIN. MIN. DIWANCE MIN. WDTH 011IFTANCE DRIVEWAY DRIVEWAY APPROACH ,•••• APPROACH '•' SIDEWALK Q S I d d ' .Q .a DRIVEWAY DRIVEWAY ' d 4 R 3. The Director of Planning and Building Safety may approve administrative adjustments to the Driveway and Curb Cut standards as provided in Chapter 24 (Adjustments) of this Title. P. Corner Clearance and Driveway Visibility. 1. All parking areas must meet the Corner Clearance and Driveway Visibility standards as provided in Chapter 2 (General Provisions) of this Title. Q. Drive - Through Facilities. Page 29 of 54 1. Drive - through lanes may encroach into required landscaped setbacks up to a maximum of fifty percent (50 %) of the required setback area, provided a minimum landscaped setback of five feet (5) is maintained. 2. Drive - through lanes must be located and designed in such a manner as to not interfere with on -site and off -site circulation. The location and design of the drive - through lane must be subject to the review and approval of the Director of Planning and Building Safety. Drive-Through Lane Dimensions Use Minimum Length Continuous Minimum Width Eating and Drinking 150 feet 10 feet Establishments Banks, pharmacies, 60 feet 10 feet and cleaners Page 30 of 54 FIGURE 9 - DRIVE - THROUGH FACILITIES ....... .............. . ... ... ....... I? a b 0 �o� SERVICE WINDOW BUILDING 14 19L IL LAIJ LU EM SPACE MENU W BOARD 14G E E = C5,11M N DRIVE THRU LANE SETBACK 4c'% M6 1 Lt 3. The Director of Planning and Building Safety may at his discretion require wider drive-through lanes. 4. The Director of Planning and Building Safety may approve adjustments to the Drive-Through Facilities standards as provided in Chapter 24 (Adjustments) of Page 31 of 54 this Title. R. Parking Structure Standards. 1. The following setback requirements apply to all subterranean parking facilities: Zone Projection above grade Setback Residential Completely Subsurface Must meet required front setback No rear or side setback required May be uncovered and unenclosed No more than 3 feet above grade Must meet required setbacks More than 3 feet above grade Must meet required setbacks and must be screened from public view Nonresidential Completely Subsurface No setbacks required* Above rade Must meet required setbacks * The parking structure must be designed in such a manner as to maintain sufficient soil above for landscaping (ground cover, shrubs and trees) to grow above grade. 2. The Director of Planning and Building Safety may approve administrative adjustments to allow parking structures that project no more than 3 feet above grade to encroach into the required setbacks as provided in Chapter 24 (Adjustments) of this Title. 3. The Director of Planning and Building Safety may approve adjustments to the Parking Structure standards as provided in Chapter 24 (Adjustments) of this Title. S. Special Residential Parking Provisions. 1. Covered parking. All required parking spaces must be covered and enclosed in the following manner: Use Minimum Parking Enclosure Single and Two - Family dwellings Fully enclosed garage Multiple - Family dwellings Covered structure enclosed on 3 sides Guest parking spaces May be uncovered and unenclosed 2. Residential garage openings. All garages must meet the minimum and maximum widths listed below: Type of garage Minimum opening width Maximum opening width Page 32 of 54 Single -car 8 feet 14 feet Two -car 16 feet 20 feet Multiple - Family residential 16 feet Equal to the drive aisle width it serves 3. Residential turn radius requirements. a) One or two -car garages located behind a residence must provide a minimum turning radius of 25 feet. b) Residential garages that take access directly from an alley may measure the required turn radius to the opposite side of the alley. Page 33 of 54 FIGURE 10 - RESIDENTIAL TURN RADIUS AND ALLEY ACCESS 2-CM OARAOE 4 I I MOLE • FAMILY RESIDENUAL DWELLING UNIT 1 C-0• MIN, A • • • • A • • • • 1 ORNEWAY STREET APPROACH ' „4. •• • IE • 2-CM OARAOE • Page 34 of 54 4. The Director of Planning and Building Safety may approve adjustments to the Special Residential Parking Provisions standards as provided in Chapter 24 (Adjustments) of this Title. T. Vehicle Lifts. Vehicle lifts may be used by right to provide off - street parking spaces on lots in the Single - Family Residential (R -1) Zone and the Two - Family Residential (R -2) Zone where the vehicle lifts provide parking in excess of the minimum number of required parking spaces subject to the standards in this section and in this chapter. 1. A Conditional Use Permit is required for vehicle lifts providing required off - street parking spaces on lots in the Single - Family Residential (R -1) Zone and the Two - Family Residential (R -2) Zone subject to the following: a. The vehicle lift must be located only within a fully enclosed garage. b. A vehicle lift may only be used to store two (2) vehicles vertically where a minimum vertical height clearance from the floor to the ceiling plate of the garage is a minimum of fourteen feet (14') clear of obstructions. c. A vehicle lift must be designed and used as a designated parking space for use only by occupants in the same dwelling unit as the parking space located directly below the vehicle lift. d. A vehicle lift must be permitted only with a key locking mechanism. e. A vehicle lift must be permitted only if it is operated with an automatic shutoff safety device and is installed in accordance to manufacturer specifications. 2. In the Two - Family Residential (R -2) Zone, vehicle lifts for required off street parking are subject to the following additional requirements: a. The vehicle lift must be used only on a lot less than forty five feet (45') in width. b. A vehicle lift must only be used to meet the minimum number of required off street parking spaces in addition to a minimum of two (2) fully accessible parking stalls located on the floor surface within a garage or garages. 15 -15 -6: REQUIRED PARKING SPACES The number of onsite parking spaces required for the establishment of a building or use must be provided and thereafter maintained at the ratios set forth below. For uses not listed the required number of spaces will be determined by the Director of Planning and Page 35 of 54 Building Safety based on most similar listed use or a parking demand study. A parking demand study must include, without limitation, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. The Director of Planning and Building Safety may at the Director's discretion, refer any decision regarding uses not listed to the Planning Commission for review. Unless stated otherwise, parking must be based on net floor area as defined in this Code. Accessible parking spaces must be provided and comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24. A. Automobile Spaces Required. Use INumber Of Parking Spaces Required RESIDENTIAL USES 1. Single- Family and Two- 2 spaces for each unit and one additional space for Family Dwellings dwelling units exceeding 3,000 square feet of gross floor area 2. Multiple - Family 2 spaces for each unit plus 2 visitor spaces for the first 3 -5 Dwellings dwelling units and 2 visitor spaces for each additional 3 7. Senior Communities, Rest Homes, Convalescent Homes units (e.g., 3 -5 units = 2 visitor spaces, 6 -8 units = 4, 9 -11 units = 6, 12 -14 units = 8, etc.) 3. Lodging Houses, 1 space for each guest room Rooming Houses, and Guesthouses 4. Live /Work Units 2 spaces for each unit plus 1 space per 350 square feet of commercial /work area 5. Caretaker Units 11 space for each unit GROUP CARE 6. Hospitals 11 1/2 spaces for each bed 7. Senior Communities, Rest Homes, Convalescent Homes 1 space for each 2 beds COMMERCIAL Page 36 of 54 8. Retail Sales 1 space for each 300 square feet for the first 9. Retail Services 25,000 square feet a. Personal Services 1 space for each 350 square feet for the second b. Business and Consumer Support 25,000 square feet Services 1 space for each 400 square feet for the area in c. Financial Institutions excess of 50,000 square feet 10. General Offices (including up to 500 square feet of accessory eating establishments) 11. Fitness Centers, Gyms, Health 1 space for each 150 square feet clubs 12. Medical /dental offices and clinics 1 space for each 200 square feet 13. Animal Care a. Animal boarding, kennels 1 space for each 300 square feet of office /retail area, plus 1 space per 1,000 square feet of storage and animal area including outdoor play area b. Animal daycare and training (no 1 space for each 300 square feet of office /retail overnight stay) area, plus 1 space per 1,000 square feet of storage and animal area, including outdoor area c. Veterinary hospital 1 space for each 300 square feet 14. Hotels, motels, auto courts, bed 1 space for each of the first 100 rooms, or and breakfast inns, motor lodges, and sleeping units; tourist courts 3/4 space for each of the next 100 rooms, or sleeping units; and 1/2 space for each room above 200 rooms, or sleeping units 15. Landscape nurseries 1 space for each 300 square feet of interior floor area, plus 1 space for each 1,000 square feet of exterior storage and display area EATING AND DRINKING ESTABLISHMENTS 16. Fast food and drive - through 1 space for each 75 square feet area, including restaurants, bars, and cocktail outdoor dining areas (Parking for outdoor dining lounges areas is required only for the portion that exceeds 200 square feet or 20 percent of the indoor dining area, whichever is less). Page 37 of 54 Page 38 of 54 Minimum of 3 spaces regardless of size. 17. Full service restaurants 1 space for each 75 square feet of dining area, including outdoor dining areas (Parking for outdoor dining areas is required only for the portion that exceeds 200 square feet or 20 percent of the indoor dining area, whichever is less), and 1 space for each 250 square feet of non dining areas. Minimum of 3 spaces regardless of size. 18. Cafes a. Which equal 20 percent or less of 1 space for each 300 square feet the gross floor area of a multi- tenant shopping center, office development or the commercial portion of a mixed -use development b. Any portion of a cafe or any 1 space for each 75 square feet, including cumulative floor area of multiple outdoor areas if outdoor dining area exceeds cafes which exceed 20 percent of a 200 square feet multi- tenant shopping center, office development, or the commercial portion of a mixed -use development 19. Food -to -go uses 1 space for each 300 square feet, with a minimum of 3 spaces INDUSTRIAL USES 20. Light Industrial 1 space for each 500 square feet for the first a. Light Manufacturing, 50,000 square feet b. Research and development 1 space for each 1,000 square feet for the area (includes office with on site testing in excess of 50,000 square feet facilities) c. High and medium bay labs d. Light assembly and processing e. Wholesaling 1 space for each 300 square feet of office and /showroom area, plus parking as required for storage /warehouse areas Page 38 of 54 21. Heavy Industrial 1 space for each 500 square feet for the first a. Extraction of raw materials and 50,000 square feet refining 1 space for each 1,000 square feet for the area b. Factories in excess of 50,000 square feet c. Generating stations d. Heavy Manufacturing 22. Warehousing and storage related 1 space for each 1,000 square feet for the first uses 20,000 square feet a. Warehouses and storage 1 space for each 2,000 square feet for the buildings second 20,000 square feet b. General storage 1 space for each 4,000 square feet for the area c. Freight forwarding in excess of 40,000 square feet d. Warehousing and distribution e. Transfer, trucking yards or terminals 23. Mini - storage, personal storage 5 spaces minimum, plus 1 space per 50 storage units or 5,000 square feet 24. Data centers 11 spaces for each 3,500 square feet VEHICLE - RELATED SERVICES 25. Vehicle maintenance /repair, 2 spaces for each service stall plus 2 spaces for accessories installation, and body office shops Additionally, a parking plan must be submitted for automobile service uses that include limited automobile sales. The plan must demonstrate that the area for the display of automobiles for sale will not encroach into required setbacks, parking spaces, driveways, drive aisles, vehicle backup areas, landscaping, and any other required use areas as required by this code. 26. Car washes a. Full Service 10 spaces minimum or 1.5 spaces per 1,000 square feet, whichever is greater, plus 3 space queuing lane ahead of each wash lane. b. Self Service 11 space minimum per washing stall c. Automated, and /or accessory to 2 space minimum, plus queuing space for 3 service /gas station vehicles ahead of each wash lane 27. Service stations 3 spaces minimum or 1 space per 300 square Page 39 of 54 Page 40 of 54 feet of office /retail area, whichever is greater Note: repair bays, washing stalls, vacuum stalls, and fuel pump spaces do not count toward required parking. SCHOOLS - EDUCATIONAL INSTITUTIONS 28. Pre - school, elementary through unior high level 1 space for each 1 classroom, plus 1 space for each employee and faculty member 29. High school level 7 spaces per classroom plus auditorium or stadium parking requirements 30. Adult level, college, business and trade 1 space for every 50 square feet of gross floor area or 1 space for every 3 fixed seats - whichever is greater; or, as modified by a parking demand study PUBLIC ASSEMBLY 31. Assembly Hall a. With fixed seats 1 space for every 4 seats b. Without fixed seats 1 space for every 35 square feet of floor area used for assembly purposes RECREATIONAL USES 32. Arcades — Primary use (more than 3 games /computers) 1 space for each 250 square feet 33. Billiard parlors /pool halls — Primary use (more than 2 tables) 1 space for each 100 square feet 34. Bowling alleys 4 spaces for each lane, plus parking for other uses 35. Batting cages 2 spaces for each cage Page 40 of 54 B. Bicycle Spaces Required. Use INumber Of Bicycle Spaces Required 36. Single- family and None two- family dwellings 37. Multiple - Family 10% of the required vehicle parking spaces for projects with 6 Residential or more units 38. Nonresidential A minimum of 4 spaces for buildings up to 15,000 square feet, plus a minimum of 5% of the required vehicle spaces for the portion above 15,000 square feet Maximum of 25 spaces. The Director of Planning and Building Safety may approve administrative adjustments to reduce or eliminate the requirement for bicycle spaces as provided in Chapter 24 (Adjustments) of this Title. C. Reductions in the Number of Required Parking Spaces. 1. Reductions for Single Uses. a) The Director of Planning and Building Safety may approve an administrative adjustment to the required number of parking spaces for any use up to a maximum of ten percent (10 %) or 20 parking spaces, whichever is less, based on the submittal of a parking demand study. The Director of Planning and Building Safety may refer any such request to the Planning Commission for review. b) The Planning Commission may approve a reduction of the required number of parking spaces in any zone for any use, up to a maximum of twenty (20 %), based on the submittal of a parking demand study. c) Parking studies submitted in conjunction with requests for reductions must include, without limitation, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. 2. Reductions for Joint/Shared Uses. a) The Director of Planning and Building Safety may approve an administrative Page 41 of 54 adjustment to reduce the required number of parking spaces in any zone for uses that share parking facilities for a maximum of ten percent (10 %) or 20 parking spaces, whichever is less, based on the submittal of a parking demand study. The Director of Planning and Building Safety may refer any request for an administrative adjustment from the required number of parking spaces to the Planning Commission for review. b) The Planning Commission may approve a reduction of the required number of parking spaces in any zone for uses that share parking facilities with significantly different peak hours of operation for a maximum of twenty (20 %), based on the submittal of a parking demand study. c) Requests for shared and /or joint uses are subject to the following requirements: i. A parking study must be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed; ii. the number of parking stalls which may be credited against the requirements of the structures or uses involved must not exceed the number of stalls reasonably anticipated to be available during differing hours of operation; and iii. a written agreement, in a form approved by the city attorney, must be executed by all parties concerned assuring the continued availability of the number of stalls designed for joint use. 3. Sites with Transportation Systems Management Plans. The number of required parking spaces in Section 15 -15 -6 of this Chapter (Required Parking Spaces) may be modified subject to approval of a transportation systems management plan submitted pursuant to the procedures and requirements of Chapter 16 (Developer Transportation Demand Management) or Chapter 17 (Employer /Occupant Transportation Systems Management) of this Title. 4. Reduction in Parking Due to Disabilities Upgrade. When required solely as needed to upgrade existing parking facilities to comply with the Americans with Disabilities Act (A.D.A.), Title III and California Code of Regulations (CCR), California Access Code, Title 24, the total number of parking spaces may be reduced at the discretion of the Director of Planning and Building Safety . D. Parking of Licensed Recreational Vehicles and Habitable Vehicles. 1. Parking of any mobile home, camper, house trailer or other habitable vehicle Page 42 of 54 outside of an authorized mobile home park or licensed recreational vehicle parking facility is prohibited except that such vehicles may be parked on any public property or right of way subject to any applicable parking restrictions of this code, or on any developed residential lot as long as the vehicle, if parked in a front yard, is parked on a nonporous surface pad adequate to accommodate the parked vehicle. 2. A habitable vehicle parked on private property may be occupied for residential purposes for no longer than seventy two (72) hours (outside of an authorized mobile home park) within any thirty (30) day period. No habitable vehicle may be occupied for commercial purposes except as otherwise provided by this code. 15 -15 -7: OFF - STREET LOADING SPACE STANDARDS A. General Provisions. 1. Applicability. Every building established, erected, enlarged or expanded for commercial, manufacturing or institutional purposes must provide loading space as set forth below. However, for any building or use enlarged or increased in capacity, additional loading spaces are required only for such enlargement or increase. All required loading spaces are in addition to the required on site parking spaces set forth in this chapter and must be developed and maintained in accordance with this chapter. Loading spaces may be provided either completely or partially within a building when such building is designated to include adequate ingress and egress to the loading spaces. Unless stated otherwise, loading requirements must be based on net floor area as defined in section 15 -1 -6 of this title. 2. Location. Loading spaces, with the exception of passenger loading spaces, must be located to the side or rear of buildings onsite whenever possible as determined by the Director of Planning and Building Safety. Loading spaces cannot interfere with vehicular and pedestrian circulation onsite. 3. Screening. Loading spaces must be appropriately screened from view from public streets. The screening may include decorative walls, landscaped berms, shrubs, trees and other landscaping, and any other screening methods deemed appropriate by the Director of Planning and Building Safety. B. Types and Dimensions of Loading Spaces. LOADING SPACE TYPES AND SIZES: Type JWidth JLength Height Passenger I 10 feet 1120 feet I 7 feet Page 43 of 54 Small 112 feet 125 feet 14 feet Large truck 13 feet 50 feet 16 feet C. Number of Loading Spaces Required. NUMBER AND TYPE REQUIRED Offices (General, 0 spaces for buildings up to 1,000 square feet Medical, Dental and 1 small truck space for buildings 1,000 to 25,000 Clinics) square feet in size, 2 small truck spaces for buildings 25,001 to 100,000 square feet in size, 2 small and 1 large truck space for buildings 100,001 to 250,000 square feet in size, plus 1 large truck space for every 100,000 above 250,000 square feet up to 3 large truck spaces. Hotels, Motels, 1 small truck space for buildings up to 25,000 square Hospitals, and feet in size Institutional Uses 2 small truck spaces and 2 passenger spaces for buildings 25,001 to 100,000 square feet in size, plus 1 large truck space and 1 passenger space for each additional 100,000 square feet or fraction thereof above 100,000 square feet Industrial, Manufacturing, 1 small truck space for buildings up to 25,000 square warehousing and storage feet in size, related uses (except data 1 small and 1 large truck space for buildings 25,000 centers and to 100,000 square feet in size, plus personal /mini storage) 1 large truck for each additional 100,000 square feet over 100,000 square feet in size Data Centers Fl—small truck space Personal /mini storage 1 small truck space per 100 units Eating and Drinking 1 small truck space for buildings between 3,000 and Establishments 25,000 square feet in size, 1 small and 1 large truck space for buildings over 25,000 square feet Retail Sales and 1 small truck space for buildings between 1,000 to Services 25,000 square feet in size, 1 small truck and 1 large truck space for buildings between 25,001 and 50,000 square feet in size, Page 44 of 54 D. Administrative Adjustments and Adjustments. 1. The Director of Planning and Building Safety may approve administrative adjustments to the Types and Dimensions of Loading Spaces as provided in Chapter 24 (Adjustments) of this Title. 2. The Director of Planning and Building Safety may approve adjustments to the Number of Loading Spaces Required as provided in Chapter 24 (Adjustments) of this Title." SECTION 20: ESMC § 15 -16 -2 is amended to add subsection D to read as set forth below; existing subsection D is renumbered to subsection E: Page 45 of 54 1 small truck and 2 large truck spaces for buildings between 50,001 and 100,000 square feet, plus 1 large truck space for each 100,000 square over 100,000 square feet Fitness Centers, Gyms, 0 spaces for buildings 0 to 5,000 square feet in size Health Clubs 1 small truck space for buildings over 5,000 square feet in size Vehicle - Related Services 1 small truck space for buildings between 3,000 and 25,000 square feet in size, 2 small truck spaces for buildings between 25,000 and 100,000 square feet in size, 2 small truck spaces and 1 large truck space for each additional 100,000 square feet above 100,000 square feet in size Schools — Educational 2 passenger spaces for 1 to 50 students, plus Institutions 1 passenger space for each 50 students above 50 and 1 small truck space minimum Day Care Centers 1 passenger space for 1 to 25 children 2 passenger spaces for 26 to 50 children, 3 passenger spaces for over 50 children. Mixed -use, campus style The loading requirements shall be the combined total projects of each building /use. USES NOT LISTED Based on most similar listed use or a parking study, as determined by the Director of Planning and Building Safety. D. Administrative Adjustments and Adjustments. 1. The Director of Planning and Building Safety may approve administrative adjustments to the Types and Dimensions of Loading Spaces as provided in Chapter 24 (Adjustments) of this Title. 2. The Director of Planning and Building Safety may approve adjustments to the Number of Loading Spaces Required as provided in Chapter 24 (Adjustments) of this Title." SECTION 20: ESMC § 15 -16 -2 is amended to add subsection D to read as set forth below; existing subsection D is renumbered to subsection E: Page 45 of 54 "15 -16 -2: APPLICABILITY OF REQUIREMENTS: D. Existing developments: Existing nonresidential developments regardless of size may voluntarily comply with the development standards and receive reductions in the total number of required parking spaces as provided in Section 15 -16 -3, subject to the monitoring provisions in Section 15 -16-4. E. Maintenance: All facilities and improvements constructed or otherwise required must be maintained in a state of good repair." SECTION 21: ESMC § 15 -16 -3 is amended to read as follows: "15 -16 -3: DEVELOPMENT STANDARDS: A. Twenty Five Thousand Square Feet: Nonresidential development of twenty five thousand (25,000) square feet or more and all projects within the Urban Mixed -Use Zone must provide the following to the satisfaction of the Director of Planning and Building Safety: a bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area must include, but is not limited to, the following; 1. Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and locate transit operators; I Ridesharing promotional material supplied by commuter - oriented organizations; 4. Bicycle route and facility information including regional /local bicycle maps and bicycle safety information; and 5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. B. Fifty Thousand Square Feet: Nonresidential development of fifty thousand (50,000) square feet or more must comply with subsection A of the Section, and must provide all of the following measures to the satisfaction of the Director of Planning and Building Safety. 1. Preferential Parking: Not less that fifteen percent (15 %) of employee parking areas must be designated as preferential parking and must be located as close as is practical to the employee entrance(s) without displacing handicapped and customer Page 46 of 54 parking needs. This preferential carpool /vanpool parking area must be identified on the site plan upon application for building permit, to the satisfaction of the Director of Planning and Building Safety. A statement that preferential carpool /vanpool spaces for employees is available, and a description of the method for obtaining such spaces must be included on the required transportation information board. Projects may reduce the total number of required parking spaces by one vehicles space for every one space which is marked and reserved for preferential parking, up to a maximum of ten percent (10 %), upon application to and approval by the Director of Planning and Building Safety. 2. HOV Loading Area: A safe and convenient zone must be provided in which high occupancy vehicles (vanpools and carpools) may deliver or board their passengers. This staging area must provide adequate space for passenger loading, unloading and waiting, which does not interfere with on -site circulation patterns. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2 ") or the minimum required by the California Building Code, whichever is greater, must be provided for the loading area in accessways to be used by such vehicles. Adequate turning radii and parking spaces dimensions must also be included in HOV loading areas. 3. Vanpool Access: Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2 ") or the minimum required by the California Building Code, whichever is greater, must be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions must also be included in vanpool parking areas. 4. On -Site Amenities Or Shuttle: In order to reduce the need for employees to drive personal vehicles for midday activities, the project must provide any one or more of the following measures which together must be sized to accommodate during the course of the business day at least twenty percent (20 %) of the on -site population: a. On -site amenities. b. Guaranteed operation of a privately operated midday shuttle serving the project site for the life of the project. A reduction in the total number of required parking spaces of up to one percent (1 %) must be permitted, based on the extent of the amenities, upon application to and approval by the Director of Planning and Building Safety. 5. Bicycle Facilities: Bicycle racks or other secure bicycle parking spaces must be provided according to Chapter 15 of this Title (Off- Street Parking and Loading Spaces). A bicycle parking facility may also be a fully enclosed space or locker Page 47 of 54 accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) must be provided to the satisfaction of the Director of Planning and Building Safety. 6. Shower And Lockers (Optional): Projects may provide shower and locker facilities for bicycle riders, motorcycle riders, and pedestrians. If these facilities are provided, the number of preferential parking spaces may be reduced by up to there percent (3 %) and the total number of required spaces may be reduced up to one percent (1 %) based on the extent of facilities, upon application to and approval by the Director of Planning and Building Safety. 7. Transit Support Facilities (Optional): Projects may provide facilities which will promote transit use. If transit facilities are provided, the number of preferential parking spaces may be reduced by up to five percent (5 %), and the total number of required spaces may be reduced up to one percent (1%) for provision of bus transit facilities, and up to two and one -half percent (2 ' /Z %) for rail transit, upon application to an approval by the Director of Planning and Building Safety. C. One Hundred Thousand Square Feet: Nonresidential development of one hundred thousand (100,000) square feet or more must comply with subsection A and B of this Section, and must provide all of the following measures to the satisfaction of the City: Sidewalks or other designated pathways following direct safe routes from the external pedestrian circulation system to each building in the development. 2. If determined necessary by the City to mitigate the project impact, bus stop improvement must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When location of bus stops and /or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transits stations /stops. 3. Safe and convenient access from the external circulation system to bicycle parking facilities on- site." SECTION 22: ESMC § 15 -17 -5 is amended to read as follows: "15 -16 -5: ENFORCEMENT: The Director of Planning and Building Safety or his /her representative is hereby designated as the enforcing agent of this Chapter and any amendments thereto pursuant to Section 15 -1 -14 of this Title." SECTION 23: ESMC § 15 -17 -5 is amended to read as follows: Page 48 of 54 "15 -17 -5: REQUIREMENTS: Employer /occupants must be required to prepare a TSM plan for submittal to the Director of Planning and Building Safety according to the compliance schedule established in accordance with Section 15 -17 -7 of this Chapter. The applicant shall have discretion to select among a range of program measures. However, the following minimum measures shall be included: A. Employee transportation coordinator (ETC). B. Informational and promotional programs. C. Establish and administer preferential parking program. D. Develop and administer a personalized ridesharing program with a target trip reduction of either twenty percent (20 %) reduction in the base traffic generation level projected for the work site based on the Institute of Transportation Engineers Trip Generation, Seventh Edition, or most current Edition, or other source submitted by the applicant and approved by the Director of Planning and Building Safety, or target average vehicle ridership (AVR) of 1.43 employees per commute vehicle, which represents a twenty percent (20 %) increase in vehicle ridership from the estimated baseline AVR. E. Monitoring and report to the Director of Planning and Building Safety once every three (3) years. The report must include, but need be limited to: 1) the name and phone number of the ETC; 2) the number of employees at the work site during the normal business hours; 3) the estimated number of vehicles used for commuting (excluding public transit); 4) an identification of any objectives in the approved TSM plan which have not been achieved; 5) a description of proposed measures to remedy any deficiencies." SECTION 24: ESMC § 15 -17 -6 is amended to read as follows: "15 -17 -6: PARKING INCENTIVES: Existing employers may petition the Director of Planning and Building Safety for approval of parking reductions in on- and off -site locations commensurate with the level of trip reduction proposed (up to a maximum of 15 percent). A condition of approval must be submittal of a TSM plan and the applicant shall enter into a written agreement with the City, providing that the applicant and all successors in interest shall implement and maintain the approved TSM plan or a subsequently approved TSM plan which complies with the intent of this Chapter for the life of the project. The agreement must be in a form that may be recorded and contain covenants which run with the land." SECTION 25: ESMC § 15 -17 -7 is amended to read as follows: "15 -17 -7: IMPLEMENTATION AND ADMINISTRATION: Page 49 of 54 A. Compliance Schedule: Implementation must be through a permit system administered by the Planning and Building Safety Department. The Director of Planning and Building Safety shall establish a phased compliance schedule with priority given to: 1) new businesses; 2) business license renewals for companies employing one thousand (1,000) or more persons; 3) business license renewals with five hundred (500) or more employees; 4) business license renewals with two hundred (200) or more employees. Companies with more than one business address shall be permitted to file one TSM plan to cover all sites. The Director of Planning and Building Safety must also establish a compliance schedule for multi- tenant complexes, based on total complex size. B. Notice: The Planning and Building Safety Department must mail notice of requirements to all businesses requiring a permit, based on the compliance schedule. Notified parties must submit their proposed TSM Plan to the Director of Planning and Building Safety within forty five (45) days of receipt of notification. A filing fee may be- established by Council resolution to cover the cost of program administration. The Director of Planning and Building Safety must administratively review the TSM plan and determine whether it reasonably complies with trip reduction objectives and standards specified herein. C. Compliance Audit: The Director of Planning and Building Safety shall have the authority to require a compliance audit to be prepared by any employer or complex coordinator upon demonstration of a reasonable basis for complaint relative to noncompliance with an approved TSM plan. No compliance audit shall be required more often than once every twelve (12) months. Said audit must be submitted to the Director of Planning and Building Safety within thirty (30) days of his request." SECTION 26: ESMC § 15 -17 -8 is amended to read as follows: "15 -17 -8: OFF -SITE PARKING: Employers may, upon application and approval of the Director of Planning and Building Safety, use off -site parking as part of their TSM plans. Off -site parking must comply, at a minimum, with the following requirements: A. A minimum of fifty percent (50 %) of all required parking must be provided on -site; B. Transportation from the satellite lot to the workplace must be detailed as part of the TSM plan; and C. Satellite lots must be tied to the site development that they are meeting the parking requirements of, through a legal instrument, such as a covenant or deed restriction." Page 50 of 54 SECTION 27: ESMC Chapter 15 -24 is amended to read as follows: "CHAPTER 24 ADJUSTMENTS SECTION: 15 -24 -1: Granting 15 -24 -2: Procedure 15 -24 -3: Setting For Hearing 15 -24 -4: Necessary Findings 15 -24 -5: Conditions 15 -24 -6: Administrative Review 15 -24 -7: Hearing 15 -24 -8: Notification And Planning Commission Review 15 -24 -9: Appeals 15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment or an administrative adjustment may be granted, subject to the following restrictions. Adjustments may be granted to allow: A. A fence, wall, or hedge up to a maximum height of eight feet (8'). B. Architectural landscape features which exceed the standards set forth in Section 15 -2 -14 of this Title. C. Signs which exceed the standards set forth in Chapter 18 of this Title. D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code. E. Parking and loading space standards as set forth in Chapter 15 of this Title. 15 -24 -2: PROCEDURE: The applicant for an adjustment shall apply in letter form, stating the type of adjustment desired and explaining that the strict interpretation of this Title would result in the unreasonable deprivation of the use or enjoyment of his property. The applicant must submit the application with the required filing fee to cover the cost of investigation and processing. 15 -24 -3: SETTING FOR HEARING: The Director of Planning and Building Safety Page 51 of 54 must set an adjustment request for public hearing by mailing notice thereof to the applicant and the owners of abutting property by first class mail at least ten (10) days prior to the hearing. The requested adjustment must be heard before the Director of Planning and Building Safety or his /her designated representative. 15 -24 -4: NECESSARY FINDINGS: No adjustment shall be granted unless the following findings are made: A. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located; B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property; and C. That the proposed adjustment is consistent with the legislative intent of this Title. 15 -24 -5: CONDITIONS: Whenever any adjustment is granted, the Director of Director of Planning and Building Safety or his /her designated representative must impose such conditions as may be necessary to safeguard the interests of the neighborhood or district, and in all cases impose the following conditions: A. That the adjustment shall not become effective until seven (7) days from the granting thereof has elapsed or, if an appeal is filed or a review called, until final determination has been made on the appeal or review. B. That the adjustment shall become null and void if the privileges granted thereunder has not been utilized within one hundred eighty (180) days from the effective date thereof. 15 -24 -6: ADMINISTRATIVE ADJUSTMENT: Requests for administrative adjustments must be reviewed by the Director of Planning and Building Safety or his /her designated representative. A decision on an administrative adjustment must be made and mailed to the applicant within ten working (10) days after the application is deemed complete. The Director's decision is final unless appealed as provided by Chapter 25 of this Title. Notwithstanding any other provision of this chapter, no public hearing or notification is required for administrative adjustments. Administrative adjustments may be granted to allow: A. Parking and loading space standards as set forth in Chapter 15 of this Title. 15 -24 -7: HEARING: A determination on an adjustment must be made by the Director of Planning and Building Safety or his /her designated representative within ten (10) days after the hearing. Page 52 of 54 15 -24 -8: NOTIFICATION AND PLANNING COMMISSION REVIEW: Copies of the findings and decision of the Director of Planning and Building Safety must be mailed to each member of the Planning Commission and to the applicant. Written determinations on adjustments, made by the Director of Planning and Building Safety or his /her designated representative, must be placed as receive and file items on the next available agenda of the Planning Commission. Any Planning Commissioner may request that an item be discussed and a decision on the application be made by the Planning Commission instead of received and filed. No decision of the Director of Planning and Building Safety is final until the decision is received and filed or acted upon by the Planning Commission or upheld on appeal. 15 -24 -9: APPEALS: All appeals must be processed as provided by Chapter 25 of this Title." SECTION 28: Environmental Assessment. The City Council determines that the proposed ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the overall transportation and circulation impacts of new and modified parking and loading facilities and ensure that adequate parking and loading facilities are provided. Accordingly, the proposed Ordinance constitutes a Class 1 (existing facilities), Class 3 (new construction or conversion of small structures), Class 5 (minor alteration in land use limitations), and Class 11 (accessory structures) categorical exemption. SECTION 29: Repeal of any provision of the ESMC herein does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 30: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 31: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it Page 53 of 54 to be published or posted in accordance with California law. SECTION 32: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 3rd day of August, 2010. Eric Busch, yor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1444 was duly introduced by said City Council at a regular meeting held on the 20th day of July, 2010, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 3rd day of August, 2010, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes, Jacobson NOES: None ABSENT: None ABSTAIN: None Cindy — Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney VarW_�B City Attorney Page 54 of 54