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Ordinance Number 242ORDINANCE NO. 242 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO, 115, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 5.08 of Ordinance No. 115 is rescinded and the following substituted therefore: 5.08 PARKING 5.08.1 Purpose and Intent These regulations are established to provide for the off-street parking of motor vehicles that are attracted by the use or uses on the premises. The parking facilities required by this Ordinance for motor vehicle parking and maneuvering are assumed to be the minimum need for such facitilies created by each particular land use. It is intended that these regulations will re- sult in properly designed parking areas of adequate capacity that will reduce traffic congestion, pro- mote increased business, and enhance public safety. 5.08.2 General Requirements A. Certificate of Occupancy: A Certificate of Occupancy for any structure or premise shall be issued only after all required parking and loading facilities have been completed in conformity with the provisions of this Ordinance. B. Change in Use: When the use of any structure or premises is changed to a different use having a higher parking requirement per Section 5.08.6, additional parking shall be provided to meet the new requirement prior to the issuance of a new Certificate of Use and Occupancy. When the use of any premises is enlarged or expanded, additional parking to meet the requirements of this Ordinance shall be provided for the enlarged or expanded portion only. C. Construction Permits: No parking lot shall be constructed unless and until a permit therefore is issued by the County Department of Building and Safety. Applications for a permit shall be submitted in such form as may be determined by the Department of Building and Safety, and shall be accompanied with adequate sets of plans for the development and construction of the parking lot showing that the provisions of this Ordinance will be fully complied with. 11" 5.08.2 General Requirements (Continued) D. Existing Required Facilities: Off-street parking and loading facilities in existence on the effective date of this Ordinance, or authorized by an approved site plan, shall not be reduced below the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued, or until equivalent facilities are substituted in conformance with the requirements of this Ordinance. E. Facilities Not Required: Any off-street parking or loading facility which is permitted but not required by this Ordinance shall comply with all regula- tions herein governing the location, design, improvement, and operation of such facilities. F. Location of Facilities: All permitted or required accessory parking and loading facilities shall be provided on the same site as the structure or use served, except where specifically permitted to be located off-site by Section 5.08.3 (Joint Use of Parking Facilities). - G. Use of Parking Facilities for Storage: The storage of merchandise, motor vehicles for sale, recreational vehicles, trucks, wrecked or junked vehicles, or the repair of vehicles in areas designated for off-street parking is prohibited. - H. Spaces for Small Cars: Special spaces may be clearly designated for small cars only. These spaces may have the dimensions as described in Section 5.08.46, There is no credit for small car spaces. Small car spaces may be provided in excess of the minimum requirements for the use in question. -2- I a 5.08.2 General Requirements (continued) I. Requirements for Unspecified Uses: Parking requirements for structures and uses not specified in Section 5.08.6 (Schedule of Off -Street Parking Requirements) shall be determined by the Director of Planning based on the requirements for the most comparable structure or use specified. 5.08.3 Joint Use of Parking Facilities A. Joint Usage when there is an overall deficiency in the number of spaces provided: (1) Parking facilities for adjoining uses whose peak hours of operation are substantially different may be provided jointly. Such joint usage shall be subject to: (1) the conditions listed in Sections 5.08.3A(1)(a), (b), (c), and (d); and (2) the granting of a Land Use Permit by the Planning Commission in each case: (a) Absence of Conflict: Sufficient evidence shall be submitted demonstrating that there will exist no substantial conflict in the principal hours or periods of peak demand of the structures or uses for which the joint use is proposed. (b) Amount of Credit: The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of spaces reasonably anticipated to be available during differing hours of operation. (c) Location: Parking facilities designated for joint use shall be contiguous to,all structures or uses served. (d) Recorded Agreements: A written agreement, approved by the City Attorney as to form and content, shall be executed by all parties concerned and filed in the office of the County Recorder. Such agreement shall be a covenant running with -3- 5.08.3 Joint Use of Parkino Facilities (continued) the land or other enforceable restriction, and shall assure the continued availability of the number of spaces designated for . joint use at the periods of time indicated. B. Joint Usage when there is no overall deficiency in the number of spaces provided: (1) If two or more adjoining uses are under common ownership, or if said ownership is not common and the respective owners thereof have acquired recordable easements appurtenant for off-street parking, said buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. 5.08.4 Parking Facility Design and Improvement Standards A. General Design Requirements: (1) All spaces shall be provided adequate access by means of maneuvering lanes. Spaces designed so that backing directly into a street to enter or leave them shall be prohibited. (2) Adequate entry and exits to and from the ' parking facility by means of clearly defined drives shall be provided for all vehicles. Circulation within a parking facility must be such that: (a) A vehicle using the parking facility need not enter the street to reach another aisle within the same facility. (b) All parking spaces, garages, and carports shall be accessible and usable whenever the use or structure which they were built to serve is in operation. (3) Curbing shall be provided along any property line that abuts a public walkway or street, except when a fence or wall is required. Such curbing, walls, or fences shall be designed and constructed in co-ordination with the required boundary landscaping specified in Section 5.08.5A. -4- 5.08.4 Parking Facility Design and Improvement Standards (continued) Upon application, in conjunction with site plan review, the Planning Commission may approve the - use of wheel -stops in place of curbing if it determines that no good purpose would be served by requiring said curbing. (4) Illumination of a parking or loading facility shall be so arranged that it will be reflected away from any nearby residences. (5) The entire parking area, including parking spaces and maneuvering lanes required under this Section shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the County Depart- ment of Building and Safety. B. Specific Design Requirements (1) Marking: In all parking facilities, individual stalls shall be marked with hairpin lines, 4 to 6 inches wide, forming an elongated "U" between 12 and 24 inches wide around each side of the stall; except that, parking facilities serving not more than two dwelling units on a single lot need not be marked. The space widths specified in Section 5.08.4B(2) below shall be the overall width of the stall including the space required for marking. In all parking facilities containing 21 or more spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movements. Once a parking facility has been marked in accordance with the approved site plan, the marking shall be permanently maintained. Upon application, the Planning Commission may waive these marking requirements during site plan review if it determines that no good purpose would be served by requiring them. -5- i'1 5.08.4 Parking Facility Design and Improvement Standards (continued) (2) Plans for the layout of off-street parking facilities shall be in accord with the following M4 nimum requirements: PARKING ANGLE AISLE WIDTHI SPACE WIDTH2 SPACE DEPTH3 (degrees) (one-way flow) All Uses Except Industrial Industrial Uses Parallel Parking (0 )4 12' 9' 9' 24' 1-34 12' 9;' 9' 19' 35-44 14' 9�' 9' 19' 45-54 15' 9y 9' 19' 55-64 18' 9V 9' 19' 65-79 21' 9k' 9' 19' 80-90 24' %' 9' 19' 1For Two -Way Flow, Aisle Widths, Approach Lanes, and Maneuvering Areas shall be a minimum of 24 feet wide for all parking angles. 2Spaces designated for small cars per Section 5.08.2H may be provided only for parking angles greater than 30 degrees. Such small car spaces shall be a minimum of 8 feet by 15 feet. 3For parking angles greater than 59, up to 2; feet of the space depth may be provided in overhang beyond the front wheel -stop or curb. 4If parallel parking spaces are paired, with 8 feet of red curbing between the pairs, the space depth may be a minimum of 20 feet. (3) For Residential Uses, single -car garages shall be a minimum of 12' x 20'. Two -car garages shall be a minimum of 22' x 20': 5.08.5 Parking Facility Landscaping A. Boundary Landscaping: For parking facilities with 5 or more parking spaces, all setback areas between the parking facility and adjoining streets shall be provided with permanent landscaping. In addition, permanent landscaping shall be provided between the parking facility and all other side and rear property lines. The size and nature of boundary landscaping shall be subject to the approval of the Planning Commission in conjunction with site plan review. B. Interior Landscaping: For open parking facilities with 21 or more parking spaces, there shall be provided a minimum of 10 square feet of permanent landscaping for every 100 square feet of parking. S-2 I (" 5.08.5 Parking Facility Landscaping (continued) stall area.Such landscaping shall be in addition .to: (1) landscaping provided adjacent to any structure on the site; or (2) boundary landscaping referred to in Section 5.08.5A. C. Installation/Maintenance: Landscaping shall be installed, provided with irrigation systems through- out, and continuously maintained in accordance with this Section. D. Plot Plan Requirements: All required plot plans for parking facilities with 5 or more parking spaces shall contain detailed landscaping plans. Such plans shall include the following: - The location and size of planting beds, - The location, size and variety of all plant material to be used; and - The location and type of sprinkler systems to be provided. Failure to meet all of the landscaping require- ments shall be cause for rejection of the site plan. 5.08.6 Off -Street Parking Requirements: A. Units of Measurement: (1) Employees or staff - when the unit of measure- ment determining the number of required parking spaces is based on number of employees, the maximum shift or employment period during which the greatest number of employees are present at the structure or use shall be used in the computation. (2) Fractional Remainders - When the unit of measurement determining the number of required parking spaces results in the requirement of a fractional space; any fraction up to but not including one-half shall be disregarded, and fractions equal to or greater than one-half shall require one parking space. In a complex of two or more uses for which the parking requirements are computed separately, in no case shall the sum of the individual fractions be different from the parking requirement for the complex computed as a whole. -7- 1:, 5.08.6 Off -Street Parking Requirements: (continued) (3) Gross Floor Area - When the unit of measurement determining the number -of required parking spaces is based upon gross floor area, such area shall be calculated by measuring the total floor area from within the exterior surface of the walls of the structure but shall exclude: - Mechanical equipment spaces and shafts; - Elevators, stairways, escalators, and Enclosed or covered parking facilities, loading berths, docks, or ramps. (4) Usable Floor Area: When the unit of measurement determining the number of required parking spaces is based upon usable floor area, such area shall be calculated by measuring all around and non -ground floor area used for, or intended to be used for, the display and sale of merchandise or services, or for the use to serve patrons, clients, or customers. Such floor area, which is used, or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of "usable floor area". For the purposes of computing parking fo' those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces. Calculations to determine "usable floor area" may be made by precise measurement of such areas, or based on the gross floor area of a building, less fifteen percent (15%). (5) Fixed Seats: When the unit of measurement deter- mining the number of required parking spaces is based upon number of fixed seats in a structure or use, each 24 inches of pew, bench, or other seating space shall count as one seat. B. Spaces required for Commercial Vehicles and for Loading: (1) Spaces for Commercial Vehicles: In addition to the parking spaces required in Section 5.08.6C (Schedule of Off -Street Parking Requirements) for owners, occupants, employees, customers, or visitors of structures and uses, one parking space shall be provided for each commercial vehicle used in conjunction with the operation of any structure or use. Parking spaces for such accessory vehicles shall be provided within a parking facility on the same lot as, or adjacent to the structure or use to which the vehicles are accessory. Q11 12( 5.05.6 Off -Street Parking Requirements: (continued) (2) Off -Street Loading: Off-street loading space shall be required on the same building site with every building, storage warehouse, wholesale distributor, goods display center, department store, market, hotel, hospital, funeral home, laundry, dry cleaning, or other similar type use involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity. Said space shall be sufficient to permit the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets and alley, and shall not be a part of the building site area used for off- street parking required for each particular use. In conjunction with site plan review, the Planning Commission may modify the requirement for off-street loading space if it determines that: (1) the lack of such loading space would not constitute a traffic hazard or be detrimental to nearby land uses; and (2) the requirement for such loading space would result in a hardship for the owner or operator of the use or structure in question. C. Schedule of Numerical Off -Street Parking Requirements: (1) Residential uses: Minimum Off -Street Use or Structure Parking Spaces Required (a) Single-Fimily retached 2 per dwelling unit in Dwellings, Two family a garage Dwellings (duplexes), and zero lot -line single - Family Dwellings utiliz- ing a common wall. (b) 2.per dwelling unit - Attached or at .least one of which Clustered condominium to be in a garage and Residences the other to be covered, plias 1 space recreat ?, vehicle parking per .. . 7 dwelling units, pi per dwelling unit vi parking. Visitor sp, may be provided on priv. streets within parking Design of visitor parki .areas shall be subject approval by the Plannin, Commission in conjuncti, with site plan review. -9- 5.08.6 Off -Street Parking Requirements: (continued) Use or Structure (c) Apartments: Studio Apartments - One -bedroom unit - Two-bedroom unit - Three or more bedroom unit - (d) Mobile Home Parks (e) Boarding and Lodging Houses, Student Housing, Dormitories, and Fraternity or Sorority Housing. (2) Educational or Cultural Uses: (a) Child Care Center, Day Nursery, Preschool, Nursery School (b) Elementary or Junior High School, including auditoriums and stadiums on the site (c) Senior High School, including auditoriums and stadiums on the site -10- Minimum Off -Street Parkinq Spaces Required At least one space per dwelling unit shall be in a garage. 1.2 per dwelling unit 1.5 per dwelling unit 1.8 per dwelling unit 2.0 per dwelling unit In addition, in each apartment category, there shall be provided at least .3 space per dwelling unit visitor parking. 2.0 per pad or dwelling site - at least one space per dwelling site to be covered, plus .3 space per dwelling site visitor parking. 2 per each 3 guest rooms, plus 1 per each dwelling unit. (In dormitories, each 100 square feet of gross floor area shall be considered equivalent to one guest room.) 1 per employee or staff - member, plus 1 per every 8 children 1 per teacher, staff - member, or employee, plus 10 for visitor parking, plus additional requirement for audit- oriums or stadiums 1 per teacher, staff - member, or employee, plus 1 per each 5 students regularly -enrolled, plus additional requirement for auditoriums or stadiums 22 5.08.6 Off -Street Parking Requirements: (continued) Minimum Off -Street Use or Structure Parking Spaces Required (d) Colleges and Univer- 1 per faculty, staff- sities,including audit- member or employee, plus oriums and stadiums on 1 per each 3 students, site plus additional require- ments for auditoriums or stadiums (e) 'Business, Professional, 1 per faculty, staff - or Trade schools member, or employee, plus one per each 3 students based on the maximum number of students attending classes during any 24 hour period (f) School Administration 2 + 1 per each 300 square /Building feet of gross floor area (g) Libraries, Museums, Art 1 per each 250 square Galleries ,Aquariums, feet of gross floor area and similar uses (3) Recreational Uses and Places of Assembly: (a) Bowling Alleys and 5 per bowling alley; 2 Pool or Billiard Falls per pool or billiard table; plus the spaces required for additional uses on the sites (b) Golf Course orC ountry 4 per hole, plus 1 per Club employee, plus additional requirements for club, lounge, or other facilities (c) Pitch and Putt and 2 per hole plus the spaces Miniature GolfC ourses required for additional uses on the site (d) Driving ranges 1.5r per tee pl requiredthe spaces or additional uses on the site (e) Tennis Clubs, squash 3 per court plus the or t6ndball Counts spaces required for additional uses on the site _77_ '3 5.08.6 Off -Street Parking Requirements: (continued) Minimum Off -Street Use or Structure Parking Spaces Required (f) Skating Rinks, ice or 1 per each 100 square Roller feet of gross floor area, plus the spaces required for additional uses on the site (g) .CommercialS wimming 1 per each 200 square pools feet of water, area plus the spaces required for additional uses on the site (h) Recreation center, 1 per each 4 persons, swim Clubs and Swim based upon the maximum schools capacity of all facilities capable of simultaneous use as determined by the Director of Planning, plus 1 per employee (i) Stables 1 per each 5 horses.. (The Planning Commission may waive the design and im- provement requirements of Sections 5.08.4 and 5.08.5 if it determines that such a waiver is justified in each case. (j) Theaters, Auditoriums 1 per each 3 fixed seats, (ynmasiums, Arenas, or plus 1 per every 30 Stadiums square of seating area / where there are no fixed . seats (k) Churches, Chapels and 1 per each 3 fixed seats, mortuaries plus 1 per every 30 square feet of seating area in the main audi- torium where there are no fixed seats (1) Lodges, clubs,D ance 1 per each 3 people Halls, and similar uses allowed under maximum occupancy codes -12- ?, 5.08.6 Off -Street Parking Requirements: (continued) Minimum Off -Street Use or Structure Parking Spaces Required (4) Office, Service, Health, and Professional Uses: (a) General Office: real 2 spaces, plus 1 per eac estate, travel agencies 300 square feet of gross utility offices and floor area for the first other similar office 2000 square feet, plus uses except banks and one per each 350 square savings and loan feet of gross floor area institutions -all over 2000 square feet within individually - developed establish- ments or office complexes. (b) Banks and Savings and 1 per each 250 square Loan institutions feet of gross floor area (Financial institutions utilizing teller service for patrons.) (c) Dental, medical and 1 per each 15 square A�terinary offices feet of waiting room area, plus 1 per each examining room, dental chair, or similar use area (d) Convalescent and 1 per each 3 beds Nursing Homes, homes for the aged childrens homes, and sanitariums (e) Hospitals 1 per each 2 patient beds including bassinets, plus 1 per employee (f) Health Studios or Spas 1 per each 150 square feet of gross floor ares (For the purpose of thi! use, swimming pools sha' be counted as floor arei (g) Beauty Salons 3 per chair, but not less ._ than 6 per each such use (h) Barber Shops 2 per chair, but not less than 4 per each such use -13- 5.08.6 Off -Street Parkinq Requirements Use or Structure (5) Business and Commercial Uses: (a) General Retail in individually - developed establishments or within shopping centers of less than 10,000 square feet gross floor area. (continued) Minimum Off -Street Parking Spaces Required 2 spaces, plus 1 per each 200 square feet of gross floor area. In shopping centers, the initia', 2 spaces shall be required for the center as a whole, not for each individual establishment within the shopping center. (b) General Retail or Office 5.0 per each 1000 square feet uses in a shopping center of gross floor area. of greater than 10,000 square feet gross floor area. (For Sections 5.08.6C (5) (a) and (b), a shopping center shall be defined as a group of commercial establishments planned and developed, owned and managed as a unit, with off-street parking and loading provided on the property. (c) Food Stores, Grocery 1 per each 200 square feet of Stores, Supermarkets, gross floor area. or similar uses - in shopping centers or individually - developed. (d) Fast Food or "take-out" establishments - except "drive-thru" restau- rants. (e) "Drive-thru" Restau- rants. 1 per each.50 square feet of gross floor area, but not less than 8 per each such use. 1 per each 60 square feet of gross floor area, but not less than 8 per each such use. For fast food, take-out, or drive-thru establishments, if there is no consumption of food or drink on the premises the parking requirementsshall be those of general retail as specified in Sections 5.08.6C (5) (a) and (b). (f) Drive -In Rest- aurants utilizing "car -hop" service -14- 1 per each autumobile service stalls, plus 1 per each 40 square feet of non -automobile dining or drinking area (dining or drinking area shall defined as per Section 5.08.6C (9)). 2,_ 5.08.6 Off -Street Parkinq Requirements: (continued) Minimum Off -Street - Use or Structure Parking Spaces Required (g) Restaurants, Cafes 1 per each 40 square feet o and Bars dining or drinking area (dining or drinking are, shall include all floor except restrooms, kitchn sculleries, work, storay_ or equipment areas), but no less than 8 per each such use. (h) Furniture and 1 per each 500 square Appliance Establish- feet of gross floor ments - in shopping area. but not less than 8 centers or individ- per each such use. - ually-developed establishments. (i) General Wholesale 1 per each 2000 square Establishments feet of gross floor area, but not less than 5 per each such use. (j) Retail Plant 7 per each 500 squre Nursery, Garden feet of display and sales Shop or similar area - both indoor and use with outdoor outdoor ,- excluding area sales and display used exclusively for areas the storage or propaga- tion of plants, but not less than 5 per each such use. (k) Coin -Operated 1per each 3 washing Laundries machines (1) Car Wash - except 1 per employee, plus self -operated reservoir (line-up) parking equal to five times the capacity of the car wash (in - _ determining capacity, each 20 linear feet of wash line shall equal one car length.) (m) Car Wash - self 1 per employee, plus operated 5 per each 2 wash stalls -75- 2 "t Off -Street Parking Requirements: (continued) (q) Building Materials and 1 per each 800 square Equipment sales and Minimum Off -Street Use or Structure Parking Spaces Required (n) Service Stations 1 per each 2500 square square feet of outdoor feet of gross site area, sales, storage, or but not less than 8 per service area, plus 1 per each such use. (o) New or Used Vehicle 1 per each 500 square ._Sales and Service feet of gross floor or building, plus 1 per area exclusive of employee. (r) service area, plus 3 per 1 per each 2 sleeping each service stall. (p) Commercial Service 3 per each service stall I per guest unit, plus 1 establishments such per. employee as Motor Vehicle Repair Home Occupations To be determined by the Garages, Marine service Planning Director in Establishments, and each individual case. similar -type uses (q) Building Materials and 1 per each 800 square (6) Manufacturing and Related Uses: In addition to the below -listed requirements, each manufacturing or related use shall provide l parking space per each registered vehicle operated in conjunction with the use or building. -16- Equipment sales and feet of gross floor area, storage yards plus I per each 20,000 square feet of outdoor sales, storage, or service area, plus 1 per each vehicle used in conjunction with the use or building, plus 1 per employee. (r) Hotels 1 per each 2 sleeping rooms (s) Motels I per guest unit, plus 1 per. employee (t) Home Occupations To be determined by the Planning Director in each individual case. (6) Manufacturing and Related Uses: In addition to the below -listed requirements, each manufacturing or related use shall provide l parking space per each registered vehicle operated in conjunction with the use or building. -16- 2 5.08.6 Off -Street Parking Requirements: (continued) Use or Structure (a) Manufacturing or Indus- trial Establishments, including offices and other incidental operations on the same site (b) Laboratories and Research Establish- ments (c) Warehouse or Storage building (d) Public Utility facilities including Electric, Gas, Water, Telephone and Tele- graph facilities not having business offices on the premises Minimum Off -Street Parking Spaces Required 1 per each 350 square feet of gross floor area or 3 oer each 4 employees; The Planning Commission shall deter- mine which of these standards shall be applied in conjunction w..J site plan review. 1 per each 300 square feet of gross floor area or 3 per each 4 employees; The Planning Commission shall determine which of these standards shall be applied inconjunction w site plan review. 4 spaces, plus 1 per each employee 1 per each employee, but not less than 2 per each such facility. SECTION 2. Effectuation: This ordinance will be applicable to all commercial and industrial site plans, and all tentative maps and divisions of land submitted after the effective date of this ordinance. -17- Section 3. DECLARATION OF URGENCY. This ordinance is adopted as an urgency measure pursuant to Section 65858 of the Government Code, and shall remain in effect for a period of four (4) months from the date herein. The reason for the urgency is that the general lack of parking spaces and areas for certain businesses in the City of San Juan Capistrano continues to be critical. A study has been initiated and a proposal presented to and approved by the Planning Commission; pending the adoption of the aforesaid proposal, however, the City requires an interim ordinance to establish parking requirements which will more nearly meet actual needs. PASSED, APPROVED AND ADOPTED this 5th day of November, 1973, by the following Vote, to wit: AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE City of San Jua Capistrano ATTEST: City Clerk 2t