Ordinance Number 980ORDINANCE NO. 980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE
AMENDMENT (CA) 10-02 ESTABLISHING SHARED PARKING
STANDARDS FOR BUSINESSES AND LAND USES IN THE
HISTORIC TOWN CENTER MASTER PLAN AREA PURSUANT
TO EXHIBIT "A" ADDING NEW SECTION 9-3.535(h) TO THE
TITLE 9 LAND USE ZONING CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS.
Whereas, the City Council has contracted with Studio One Eleven consulting firm
to amend the Historic Town Center Master Plan that includes regulations for shared
parking for non-residential uses within a five (5) minute walking distance, approximately
1,500 linear feet of the intersection of Camino Capistrano and Forster Street, from City
owned public parking lots as identified in Exhibit "A"; and
Whereas, San Juan Capistrano`s Municipal Code, Title 9 Land Use, Section 9-
3.535, sets forth use -specific parking standards that requires individual businesses to
provide parking on their owns lots; and
Whereas, Title 9 Land Use Code Section 9-3.535 discourages business
establishment and/or expansion by often requiring the processing of costly and time
consuming parking variances; and
Whereas, the City of San Juan Capistrano wants to reduce parking
requirements for restaurant, retail, office and services uses to provide a business -
friendly. environment, encourage residents and guests to walk to destinations and
enhance the economic vitality of the historic town center area; and
Whereas, Studio One Eleven has evaluated the utilization of the shared parking
or "Park Once" concept, where motorists park their vehicles once and walk to several
destinations, to provide strategically dispersed public parking for non-residential uses,
which includes commercial, retail, restaurant, service, office and civic uses; and
Whereas, the shared parking/ Park Once approach will reduce vehicle trips,
thereby reducing potential hazards to vehicles, pedestrians and property, and therefore
protect the public health, safety and general welfare; and
Whereas, the adoption of Code Amendment (CA) 10-02 will provide regulations
that enhance safety and benefit residents, businesses, and guests in the City of San
Juan Capistrano; and
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Whereas, the City of San Juan Capistrano will work closely with Studio One
Eleven to complete zoning entitlements, complete the Historic Town Center Master
Plan, and set forth permanent parking regulations; and
Whereas, the Transportation Commission of the City of San Juan Capistrano
reviewed the draft ordinance on December 8, 2010 and forwarded comments to the City
Council; and
Whereas, the Planning Commission of the City of San Juan Capistrano has
conducted a work session on November 9, 2010, and a duly noticed public hearing on
November 23, 2010, regarding Code Amendment (CA) 10-02, accepted public
testimony, considered the comments therein, and forwarded recommendations to the
City Council.
NOW THEREFORE, the City Council of the City of San Juan Capistrano does
hereby adopt this ordinance approving Code Amendment (CA) 10-02 by adding new
subsection 9-3.535(h) to the San Juan Capistrano Municipal Code to establish the
following parking standards for the Historic Town Center Master Plan parking area as
identified in this ordinance as set forth in "Exhibit A" for non-residential land uses:
SECTION 1. Finding
Pursuant to San Juan Capistrano Municipal Code Section 9-2.309(e) amendment of the
Land Use Code, the City Council makes the following mandated findings:
(1) The proposed Land Use Code amendment conforms with the goals and policies
of the General Plan as the downtown parking area provisions are consistent with
the Circulation Element and the Draft Historic Town Center Master Plan.
(2) The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general
welfare as the downtown parking area provisions will implement the shared
parking 1 park once concept, reduce the number of parking stalls required and
reduce the number of vehicle trips.
(3) The proposed Land Use Code amendment conforms with the intent. of the
Development Code and is consistent with other applicable related provisions
thereof as the downtown area parking provisions are consistent with and add to
existing provisions in Municipal Code section 9-3.535 parking.
(4) The proposed Land Use Code amendment is reasonable and beneficial at this
time as the downtown parking area provisions provide interim development
standards consistent with the shared parking / park once concept set forth in the
Historic Town Center Master Plan, assist existing businesses, attract new
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businesses, avoid costly and time consuming parking variances, and provide an
overall business friendly environment.
SECTION 2, Subsection (h) of Section 9-3.535 of Chapter 3 of Title 9 of the San
Juan Capistrano Municipal Code is hereby added to read as follows:
(h) Establishment of Shared Parking f Park Once Standards and Land Use
Parking Ratios in the Historic Town Center Master Plan Area for Non -Residential
Properties, Five 5 Minute Walkinq Distance Radius i.e. approximately 1,500 linear
feet of the intersection of Camino Capistrano and Forster Street from City ownedPublic
parking lots as set forth in Exhibit "A".
(1) Standards. The establishment, operation, use, expansion or occupancy of
any non-residential business or land use in the Historic Town Center Master Plan Area,
as identified in the boundaries of this ordinance set forth in Exhibit "A" shall comply with
the following parking development standards:
A) City Owned Public Parking _Lots: Parking requirements for Non -
Residential uses may utilize shared parking / Park Once in their parking
calculations if the property for the business or use and the public parking lot is
located within the limits of the City Parking Regulating Plan identified in this
ordinance as set forth by Exhibit "A". Shared parking / Park Once may be
approved for businesses by the Development Services Director or his/her
designee. Properties or businesses shall utilize all parking available on their
sites in the parking calculations prior to park once.
S) Shared/Reciprocal Parking: Parking requirements for Non -Residential
businesses and uses may be satisfied by entering into a shared parking
agreement if such business or use and the public off-street parking facilities are
located within the limits of the City Parking Regulating Plan identified in the
ordinance as set forth by Exhibit "A". Such agreements may be approved by the
Development Services Director or his/her designee. Such agreements will be
based on Municipal Code parking standards and monitored by the Development
Services Department.
C) Restaurants sit down and take out cafes nightclubs, taverns and
cocktail lounges: Shall provide a minimum of one parking stall per 100 square
feet of dining or drinking area (kitchens, prep areas and storage are excluded
from this area).
i) Outdoor dining or drinking areas parking requirements are included as
part of the indoor parking calculations. No separate standards for outdoor
dining or drinking areas are required as they are considered accessory to
the principal use.
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ii) Outdoor dining or drinking areas shall not block or impede pedestrian
access or obstruct ADA hath of travel requirements.
D) General Retail: Shall provide a minimum of one parking stall per 400
square feet of building or tenant lease area.
E) General Office. Shall provide a minimum of one parking stall per 400
square feet of building area or tenant lease area.
F) Service Uses: (i.e, banks, barbers, salons, spas, markets, grocery stores,
supermarkets and similar uses) Shall provide a minimum of one parking stall per
300 square feet of building area or tenant lease area.
G) Other uses permitted in zoning district in the Historic Town Center Master
Plan area identified in "Exhibit A" shall provide parking consistent with Section 9-
3.535 of the Title 9 Land Use Code.
(2) Definitions. For purposes of this subdivision (Code Amendment (CA) 10-02),
the following are definitions in the Historic Town Center Master Plan Parking Area
identified in this subdivision and Exhibit "A":
Building Area: The total area in square feet of all rooms including corridors, elevators,
stairwells, shaft spaces, bathrooms, closets, and storage areas (excluding garages and
parking areas).
City_ Parking Regulatinq Plan: The area defined in "Exhibit A" as the Historic Town
Center Master Plan Shared Parking / Park Once area that is a five minute walking
distance radius approximately 1,500 linear feet from the intersection of Camino
Capistrano and Forster Street.
Dining 1 Drinking Area: The area that includes tables and chairs used by patrons for
dining and/or drinking purposes.
Public Parkin Lot: An open public parking facility which is not accessory to a structure
or used on the same or another lot and which is located within the Historic Town Center
Master Plan shared parking area set forth in Exhibit."A".
Shared Parking I Park Once: The development and use of City owned public parking
areas for joint use by more than one business. Such parking areas as identified in
Exhibit "A" distribute shared public parking lots and public garages within a defined
geographic area for the convenience of customers and to relieve individual properties of
providing parking on their own lots.
Shared/Reciprocal Parking Agreement: A written binding document executed between
property owners to provide a designated number of off-street parking stalls within a
designated area to specified businesses or land uses.
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SECTION 3. Environmental Review. The City Council of the City of San Juan
Capistrano finds that Code Amendment (CA) 10-02 is not subject to the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) (Title 14, of the California Code of Regulations) because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 4. Zoning Study. The Development Services Department, with the
support of the City Manager's Office, Public Works Department, Fehr & Peers Parking
Study, and Studio One Eleven consultants, has performed studies consistent with the
Historic Town Center Master Plan's regulating code relating to existing and proposed
parking facilities, shared parking regulations, and parking ratios for municipal downtown
areas, or similar uses; more specifically, which zoning districts, businesses and land
uses are appropriate for shared parking, use of public off-street parking facilities,
creation of parking districts, and whether other appropriate regulations are necessary to
encourage commerce and protect the public health, safety and general welfare.
SECTION 5. Additional Findings. The City Council of the City of San Juan
Capistrano hereby additionally finds that: a) The City does not have specific land use
regulations in place to address shared parking 1 "Park Once", b) lack of regulations for
shared parking / "Park Once" facilities may have negative impacts upon residents,
businesses, and guests in the City of San Juan Capistrano as lack of such regulations
discourages new businesses, discourages business expansion, reduces revenues to
provide services, and may lead to vacant buildings, unmaintained buildings, and
blighted conditions; and c) the approval of this proposed Code Amendment would not
result in any potential negative impacts to the public health, safety, and welfare of the
community. Accordingly, it is necessary to authorize shared parking 1 Park Once
provisions until the Historic Town Center Master Plan is completed to determine how
the City is to permanently regulate shared parking 1 "Park Once" facilities and applicable
parking ratios through a form based code.
SECTION 7. Effective Date. Upon approval by the City Council of Code
Amendment (CA) 10-02 pursuant to this ordinance, the ordinance will take effect thirty
days after second reading of such ordinance.
SECTION 8. Severability, if any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance adopted by the City Council or any part
thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court
of competent jurisdiction such decision shall not affect the validity of effectiveness of the
remaining portions of this Ordinance or any part thereof. The City Council hereby
declares that it would have passed this Ordinance and each section, subsection,
subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional.
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PASSED, APPROVED, AND ADOPTED this 18th day of January, 2011,
N WIN, t i , , mm r r, +
O.
ATTEST'/I"/
MARIA MORPZIS, CITY41-4RK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO i
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No, 980 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 4th day of January 2011 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 18th day of
January 2011 by the following vote, to wit:
AYES: Q
OUNC MEMBERS: Freese, Kramer and Mayor Allevato
NOES OUN IL MEMBERS: Reeve
ABSTAtNCU CIL MEMBERS: Taylor
S, CITY,CLIRK
6 0980
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 5th day of January 2010, at least 5 days prior to the adoption of the ordinance, I caused to
be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL
CAPISTRANO, CALIFORNIA, APPROVING
ESTABLISHING SHARED PARKING STAN
LAND USES IN THE HISTORIC TOWN
PURSUANT TO EXHIBIT "A" ADDING NEW S
LAND USE ZONING CODE i.
This document was posted in the Office of the
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
1, MARIA MORRIS, declare as follows:
OF THE CITY OF SAN JUAN
CODE AMENDMENT (CA) 10-02
DA DS FOR BUSINESSES AND
C NTER MASTER PLAN AREA
E IP -3.535(h) TO THE TITLE 9
MARIA .,.M IkRIS, CITY C ERK
San Juan Capistrano, C i rnia
) ss AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in
compliance with State laws, Government Code section 36933(1) of the State of California.
On the 20t" day of January 2011 1 caused to be posted a certified copy of Ordinance No. 980,
adopted by the City Council on January 18, 2011, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 10-02
ESTABLISHING SHARED PARKING STANDARDS FOR BUSINESSES AND
LAND USES IN THE HISTORIC TOWN CENTER MASTER PLAN AREA
PURSUANT TO EXHIBIT "A ADDING NEW SECTI N 9-3.535(h) TO THE TITLE 9
LAND USE ZONING CODE I
This document was posted in the Office of the City Cie
MARIA MORRI$, CITY CLE
San Juan Capistrano, Califo
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