ORDINACE NO. 536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE HERCULES MUNICIPAL CODE BY ADDING SECTION 13-32.500 TO THE MUNICIPAL CODE TO ALLOW MINIMUM PARKING EXCEPTIONS.
WHEREAS, the need for additional flexibility in the provision of off-street parking has been identified; and WHEREAS, the City’s Waterfront District Master Plan already allows parking reductions within the Waterfront District; and WHEREAS, these parking reductions do not create problems or adversely affect the public health, safety, or welfare; and WHEREAS, under Public Resources Code Section 21080.25(b)(9), the California Environmental Quality Act (CEQA) does not apply to actions or projects carried out by a city or county to reduce minimum parking requirements, and as such, the adoption of the ordinance is exempt from CEQA; and WHEREAS, at a properly noticed public hearing on January 4, 2022, the Planning Commission reviewed Zoning Text Amendment #21-02 (“Parking Exception” amendment) and considered the staff report, supporting documents, public testimony, and all appropriate information submitted regarding the amendment to the Hercules Municipal Code related to parking exceptions, and adopted Resolution #22-01 recommending that the City Council adopt the Parking Exception amendment; and WHEREAS, Chapter 13-52.400 of City of Hercules Municipal Code allows for amendments of the Zoning Ordinance whenever the City Council determines that: the proposed amendment is consistent with the General Plan; would not be detrimental to the health, safety, welfare, and public interest of the City; and is internally consistent and does not conflict with the purposes, regulations, and required findings of the Zoning Ordinance; and WHEREAS, in accordance with Chapter 13-52 (Zoning Amendments) of the City of Hercules Municipal Code, the City Council received and considered Zoning Text Amendment #21-02 at a properly noticed public hearing on January 25, 2022, and did hear and use its independent judgment to consider all reports, recommendations, and testimony before taking any action on this Zoning Text Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.
SECTION 2. Amendment. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code by adding Section 13-32.500, Parking Exceptions, to read as follows:
“Section 13-32.500 Parking Exceptions.
To encourage new development, increase housing affordability and housing choice, and minimize impervious surfaces and associated water run-off, the city should incorporate flexibility into minimum parking requirements. These “flex requirements” will allow development projects to provide a reduced amount of parking. The city may reduce or completely waive the number of parking spaces required based on quantitative information provided by the project applicant that documents the need for fewer parking spaces, as described below.
1. Application Requirements. Applications for a parking exception shall be accompanied by one of the following documents, prepared by a qualified professional, demonstrating that the proposed reduction will not create either on-site or off-site parking issues.
A. A parking study showing existing or comparable parking usage. The scope of the parking study shall be approved by the Community Development Director.
B. 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).
C. 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.
D. 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).
E. Documentation of the experience of other cities comparable to Hercules that have a lower parking requirement for the proposed land use.
2. Approval. A parking exception pursuant to this section shall be approved by the approval authority for the project including the requested parking exception.
3. Required Findings. In approving a parking exception, the approval authority shall make the following finding:
A. That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the project.” SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.
SECTION 4. Effective Date and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 25th day of January 2022, and was passed and adopted at a regular meeting of the Hercules City Council on the ___ day of February 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
________________________________
Lori Martin, MMC
Administrative Services Director / City Clerk
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Ordinance 536