STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Robert Reber, Community Development Director SUBJECT: Ordinance Amending Title 13, Chapter 32, of the Hercules Municipal Code to Allow for Parking Exceptions RECOMMENDATION ACTION:
The Planning Commission and City Staff recommend that the City Council adopt an ordinance amending the City of Hercules Municipal Code by adding Section 13-32.500 to allow parking exceptions for reducing the minimum amount of required parking.
BACKGROUND:
The current provisions of the Municipal Code, Chapter 13-45 (“Minor Exceptions”), allows the Community Development Director to approve up to 10% reductions of the required standards for lot dimensions, setbacks, structure heights, site area, parking, and landscaping. The proposed code amendment would create a parking exception to allow reductions in the amount of required parking on a case-by-case basis greater than the 10% reduction currently allowed.
The proposed ordinance incorporates the approach to parking reductions established for the Waterfront District Master Plan (WDMP) which was adopted in 2008. These parking reductions are spelled out in Chapter 1 of the WDMP under the heading of “Allowances and Exceptions,” which enables the Director to encourage efficient new development by approving reductions in the amount of parking based upon documentation that the project does not need the number of parking spaces that would otherwise be required by the more general citywide zoning standards. The proposed ordinance amendment would allow a similar parking reduction provision citywide.
DISCUSSION
The proposed zoning text amendment would add Section 500 to Chapter 13-32 (Off-Street Parking and Loading Facilities) to create parking exceptions. Section 13-32.500 would establish the applications requirements, approval authority, and required findings to approve a parking exception. The text of the proposed zoning text amendment is contained in the draft ordinance included in Attachment 1. The contents of the ordinance are summarized below.
Required Supporting Information
To support an application for a parking exception, applicants must provide information demonstrating that parking shortage problems will not occur. The type of information required to support an application for a parking exception are described in the text of the ordinance and include—but are not limited to—the following:
A parking study showing existing or comparable parking usage.
A market profile of existing or anticipated project users documenting below average vehicle ownership rates (for residential development) or below average vehicle trip generation rates (for commercial development).
Documentation of the expected reduction of vehicle trips and/or car ownership rates associated with the project due to the incorporation of transportation and parking demand management strategies into the project.
Documentation that the proposed land use will operate exclusively when the existing parking supply within 1,250 feet is adequate to accommodate the parking for the proposed use (e.g., a restaurant or club that operates only during evening hours or a shopping center with shared parking).
Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
Approval Authority – Parking Exceptions
Parking exceptions would be approved by either the Community Development Director or the decision-making body approving any other related planning entitlements, whichever approval authority is “higher.” For example, a parking reduction related to an application requiring the approval by the Planning Commission would be approved by the Commission. Thus any requested reductions in parking must be considered comprehensively as part of the larger project entitlement applications.
Findings
To approve a parking exception, the approval authority would need to make the findings that the proposed reduction would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
ENVIRONMENTAL DETERMINATION:
Under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to any activity carried out by a city or county to reduce minimum parking requirements. Since this code amendment would create a process to facilitate reductions in the parking requirements, on a case-by-case basis throughout the City, no environmental impact analysis is required.
PLANNING COMMISSION DISCUSSION & RECOMMENDATION
At its January 4, 2022, meeting, the Planning Commission reviewed the proposed ordinance and voted (3–0; two members absent; Planning Commission Resolution #22-01) to recommend that the City Council adopt the proposed parking exception ordinance.
ATTACHMENTS
1. Draft Ordinance
Parking Exception Code Amendment – Staff Report for City Council (January 25, 2022) Page 4 of 3