CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT

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1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: June 20, 2012 TO: Mayor and City Council Members VIA: ' Gus Vina, City Manager ~ FROM: Kathy Hollywood; City Clerk ~ SUBJECT: Second Reading and adoption of Ordinance for a Zoning Code and Local Coastal Program Amendment of Section (Off-Street Parking Development Standards) of the Encinitas Municipal Code to make the City Council the authorized body, with recommendation of the Planning Commission, to adopt and revise the Offstreet Parking Design Manual to ensure City enforcement capability. BACKGROUND: City Council previously directed staff to investigate the over-occupancy of single-family homes in a mini-dorm or rooming house fashion. As a part of that process, a Rooming House Focus Group consisting of community members was created to develop a neighborhood preservation ordinance. One of the issues identified by the Focus Group was lack of adherence to parking standards, including the prohibition of parking on front lawns. After hearing from the Focus Group, Council directed staff to develop rooming house and neighborhood preservation ordinances and related amendments to address parking and other issues. Council conducted a public hearing and introduced this ordinance on May 9,2012 This ordinance would strengthen the enforcement of the Offstreet Parking Design ManuaL. The Offstreet Parking Design Manual already prohibits parking on front lawns; however, staff reviewed the matter with the City Attorney who recommended that adoption of the manual by the City Council would strengthen the enforcement of the provisions of the manual. To address this issue, staff prepared an amendment to Section of the Municipal Code to designate the City Council as the authorized body to adopt the Offstreet Parking Design Manual with a recommendation from the Planning Commission. The Planning Commission reviewed this amendment on March 15,2012 and forwarded to City Council with a unanimous recommendation for adoption of the amendments as proposed. Last printed 5/29/20129:34:00 AM PBD\KK\ \t: \reports\ 709.doc /20/2012 ITEM #02 1

2 ANALYSIS: The Offstreet Parking Design Manual establishes standards for dimensions, configuration, surfacing and other design criteria for parking spaces and parking areas. The manual is referenced in Section of the Municipal Code, and has been utilized and enforced in the same manner as other Municipal Code provisions since the manual was first adopted in July The current text of Section is as follows: Off-Street Parking Development Standards. The City Parking Design Manual establishes standards for the dimensions of parking spaces, configuration of spaces, surfacing, driveway design, and other parking area design criteria. The criteria contained within the Design Manual may be amended as necessary by the Planning Commission. The following revisions to the Section are suggested to make the City Council the authoriz~d body for adoption of the manual: Strketough/underline: Off-Street Parking Development Standards. With recommendation by the Planng Commission, the City Council may by resolution adopt a +hcity Offstreet Parking Design Manual to establishes standards for the dimensions of parking spaces, configuration of spaces, surfacing, driveway design, and other parking area design criteria. Upon adoption by the City Council, the contents of the Manual shall be incorporated herein by reference and become requirements of this Chapter.The criteria contained vt'thin the Design Manual may be amended as necessary by the Planing Cormission. Plain text: Off-Street Parking Development Standards. With recommendation by the Planng Commission, the City Council may by resolution adopt a City Offstreet Parking Design Manual to establish standards for the dimensions of parking spaces, configuration of spaces, surfacing, driveway design, and other parking,area design criteria. Upon adoption by the City Council, the contents of the Manual shall be incorporated herein by reference and become requirements of this Chapter. The proposed revisions to Section are presented in the draft City Council Ordinance attached hereto as Exhibit A. No changes are proposed to the provisions of the Offstreet Parking Design Manual at this time. The manual would continue to be utilized and enforced as an element of the Municipal Code as it has been since its adoption. As previously recommended by the Planning Commission and approved by the City Council, the Commission wil undertake a review of the p ;rking manual that is programmed to start in Although the manual will be updated in the future, staff felt it was appropriate to come forward with this amendment to strengthen our enforcement efforts of the existing manual. Last printed 5/24/2012 9: 13: 00 AM PBD\KK\ \t:\reports\ 709.doc /20/2012 ITEM #02 2

3 This amendment is part of the City's Local Coastal Program. If adopted by the City Council, the Local Coastal Program amendment would not be effective until approved by the Coastal Commission. If the Council concurs with the code amendment, a resolution to adopt the manual will be presented to Council at a future date. RECOMMENDATION: Adopt Ordinance , entitled "An Ordinance of the City Council of the City of Encinitas, California, amending Section (Off-Street Parking Development Standards) of the Municipal Code. Case Number: ZCA/CP A" ATTACHMENT: Exhibit A - Ordinance Last printed 5/24/2012 9: 13 :00 AM PBD\KK\ \t: \reports\ 709.doc /20/2012 ITEM #02 3

4 ORDINANCE EXHIBIT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA AMENDING SECTION (OFF-STREET PARKNG DEVELOPMENT STANDARDS) OF THE MUNICIPAL CODE. CASE NUMBER: ZCAlLCPA WHEREAS, Section of the Municipal Code references the Offstreet Parking Design Manual, which establishes standards for dimensions, configuration, surfacing and other design parameters for parking spaces and parking areas and may be amended as necessary by the Planning Commission; and of WHEREAS, the City desires to strengthen and ensure the enforcement of the provisions the manual; and WHEREAS, the revisions to Section set forth herein would make the City Council the authorized body to adopt the Offstreet Parking Design Manual, which would strengthen the enforcement capability of the City relative to the provisions of the' Manual; and WHEREAS, the amendment is consistent with the adopted Local Coastal Program in that the amendment is only an administrative change to increase enforcement capability, no changes are proposed to the provisions of the Manual, and the Manual would continue to be utilized and enforced as an element of the Municipal Code in the same manner as it has been previously; and WHEREAS, no other General Plan or Local Coastal Program policies were found to be in conflict with this amendment; and WHEREAS, the Planning Commission conducted a Public Hearing and considered public testimony and made a recommendation to the City Council to approve the amendment on March 15,2012. NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION ONE: Section (Off-Street Parking Development Standards) of hereby amended as follows: the Municipal Code is Off-Street Parking Development Standards. With recommendation by the Planning Commission, the City Council may by resolution adopt a City Offstreet Parking Design Manual to establish standards for the dimensions of parking spaces, configuration of spaces, surfacing, driveway design, and other parking area design criteria. Upon adoption by the City Council, the contents of the Manual shall be incorporated herein by reference and become requirements of this Chapter. SECTION TWO: Last printed 5/24/2012 9:13:00 AM PB D\KK\ \t:\reports\ 709.doc /20/2012 ITEM #02 4

5 ENVIRONMENTAL FINDING. The City Council finds in its independent judgment, that the proposed amendment to the Municipal Code is not a project as per Section 15378(b)(5) of the California Environmental Quality Act Guidelines, which states that "project" does not include organizational or administrative activities of governments that wil not result in direct or indirect physical changes in the environment. SECTION THREE: This ordinance was introduced on May 9, SECTION FOUR: PUBLIC NOTICE AND EFFECTIVE DATE. The City Clerk is directed to prepare and have published a summary of this ordinance no less than five 5 days prior to consideration of its adoption and again within fifteen 15 days following adoption indicating the votes cast. This ordinance wil become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas. PASSED AND ADOPTED this XX day of May, 2012 by the following vote to wit: AYES: NAYS: ABSTAIN: ABSENT: Jerome Stocks, Mayor City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No which has been published pursuant to law. Kathy Hollywood, City Clerk Last printed 5/24/2012 9:13:00 AM PBD\KK\ \t:\reports\ 709.doc /20/2012 ITEM #02 5

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