City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance (Zoning Code Amendment
ZCA P-2009001) amending Title 17, Zoning, of the Culver City Municipal Code,
Section 17.220.035 “Commercial Downtown (CD) District Requirements” to increase
the quantitative parking requirements for restaurant uses within the CD Zone.
(Attachment No. 1).
BACKGROUND:
At the January 26, 2009 City Council meeting, the Council introduced the Ordinance
(Attachment 1) by a 5-0 vote. At the time of discussion of the Ordinance, there were
questions regarding the applicability of the current parking requirements to pending
restaurant applications. In response to Council questions, staff explained the intent
of the Ordinance, as recommended by the Planning Commission, is to allow
restaurant applicants, who submitted applications on or before January 14, 2009, to
follow the parking requirements in effect on that date. Whereas, restaurant
applicants, who submit applications after January 14, 2009, must comply with the
parking requirements as set forth in the Ordinance unless building permits have
been issued and substantial tenant improvements have been completed, as
determined by the Building Official, prior to the effective date of the Ordinance. The
Council introduced the Ordinance with this understanding. The language in Section
3 of the Ordinance has been revised to clarify the Council’s understanding and intent
in this regard. As this revision merely provides further clarification of the intent of the
Council upon its introduction of the Ordinance, and is not substantive in nature, the
Council is not required to reintroduce the Ordinance. As such, the Ordinance as
revised, is brought back tonight for adoption.
Meeting Date: 02/09/09 Item Number: C-7
AGENDA ITEM: Adoption of an Ordinance (Zoning Code Amendment ZCA P-
2009001) Amending Title 17, Zoning, of the Culver City Municipal Code, Section
17.220.035 “Commercial Downtown (CD) District Requirements” to Increase the
Quantitative Parking Requirements for Restaurant Uses Within the CD Zone.
Contact Person/Dept.: Thomas Gorham,
Planning Manager
Phone Number: (310) 253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master Notification List (02/04/09)
Department Approval:
Sol Blumenfeld (02/04/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/04/09)
Fiscal Impact Review:
Jeff Muir (by N. Kimball) (02/04/09)
City Manager Approval:
Jerry Fulwood (02/04/09) City of Culver City, California
City Council Agenda Item Report
FISCAL IMPACT:
There is no fiscal impact associated with adoption of this ordinance.
ATTACHMENTS:
1) Proposed Ordinance
MOTION:
That the City Council:
Adopt an Ordinance (Zoning Code Amendment ZCA P-2009001) amending Title
17, Zoning, of the Culver City Municipal Code, Section 17.220.035 “Commercial
Downtown (CD) District Requirements” to increase the quantitative parking
requirements for restaurant uses within the CD Zone.
02.09.09
Adoption of an Ordinance Amending Title 17 of the Culver
City Municipal Code, Section 17.220.035 "Commercial
Downtown (CD) District Requirements" to Increase the
Quantitative Parking Requirements for Restaurant Uses
Within the CD Zone.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages
1. Resolution No. 2009-R
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ATTACHMENT 1
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING
TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE (CCMC),
SECTION 17.220.035 COMMERCIAL DOWNTOWN (CD) DISTRICT
REQUIREMENTS TO INCREASE THE QUANTITATIVE PARKING
REQUIREMENTS FOR RESTAURANTS AS SET FORTH IN EXHIBIT "A"
ATTACHED HERETO.
(Zoning Code Amendment P-2009001)
WHEREAS, on October 27, 2008 the City Council considered changes to the
Quantitative Parking Requirements for the Commercial Downtown (CD) Zone and directed
staff to initiate a Zoning Code Amendment; and
WHEREAS, on January 14, 2009 the Planning Commission conducted a duly
noticed public hearing on City-initiated Zoning Code Amendment, ZCA P-2009001 fully
considering all reports, studies, testimony, and environmental information presented; and
WHEREAS, the Planning Commission, after fully considering all reports,
studies, testimony, and environmental information presented, determined by a vote of 4 to 0
that Zoning Code Amendment, ZCA P-2009001 should be recommended for approval to the
City Council; and
WHEREAS, on January 26, 2009, the City Council conducted a duly noticed
public hearing on Zoning Code Amendment, ZCA P-2009001, fully considering all reports,
studies, testimony, and environmental information presented, and determined by a vote of 5
to 0 that Zoning Code Amendment, ZCA P-2009001, shall be adopted as set forth herein
below_
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:|1010|Page 1ATTACHMENT
SECTION 1. Pursuant to the foregoing and as outlined in CCMC Title 17,
Section 17.620.030 of the CCMC, the following findings for a Zoning Code (Text)
Amendment are hereby made:
1. The proposed amendment ensures and maintains internal consistency
with the goals, policies, and strategies of all elements of the General Plan and will not create
any inconsistencies with the Zoning Code.
2. The proposed amendment is not detrimental to the public interest,
health, safety, convenience and welfare of the City in that the Downtown revitalization has
created more parking demand than is supported by the current area parking supply as there
has been dramatic reinvestment in the downtown by a number of new restaurants with many
including significant outdoor dining areas. This trend toward increased restaurant uses has
significantly decreased the parking supply as restaurants typically have a much higher
parking demand than retail and other commercial uses. The proposed amendment
addresses concerns related to restaurant parking impacts on the downtown parking supply
and potential restrictions in attracting alternative uses such as retail, and the desire to create
a broader mix of downtown uses. Because few new restaurants would open, retail uses will
have a greater opportunity to occupy vacant tenant spaces in the downtown. The addition of
high quality, unique retail businesses will diversify the downtown economically, maximize
revenues, increase dwell time and create a complete experience for patrons. The proposed
amendment will make existing restaurants legal nonconforming in regards to parking and
they would not have to provide additional parking beyond the quantitative parking
requirements in place at the time the use was established. Existing restaurants that close
will be able to maintain their nonconforming status and a new restaurants will be able to|1010|Page 2
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29ATTACHMENT 1
occupy the tenant space that was previously a restaurant without providing additional parking
so long as the square footage of the tenant space was not increased and so long as the
previous legal nonconforming restaurant use was not discontinued for a period of one year.
3. Pursuant to Sections 15162 and 15168 of the California Environmental
Quality Act, (CEQA), ZCA P-2009001 is within the scope of the Culver City General Plan
Update Program EIR approved on September 24, 1996 (PEIR 1) and the Culver City
Redevelopment Plan Amendment and Merger Program Subsequent EIR approved on
November 16, 1998 (PEIR 2), the circumstances under which PEIR 1 and PEIR 2 were
prepared have not significantly changed and no new significant information has been found
that would impact either PEIR 1 or PEIR 2; therefore, no new environmental analysis is
required.
SECTION 2. Pursuant to the foregoing recitations and findings, the City
Council of the City of Culver City, California, hereby adopts Zoning Code Amendment, ZCA
P-2009001, thereby amending the Culver City Municipal Code (CCMC), section 17.220.035,
Commercial Downtown (CD) District Requirements to increase the quantitative parking
requirements for restaurants, as set forth in Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3, All restaurant applicants, who submitted applications on or before
January 14, 2009, shall be subject to the parking requirements in effect on that date. All
restaurant applicants, who submit applications after January 14, 2009, must comply with the
parking requirements as set forth in this Zoning Code Amendment, unless building permits
have been issued and substantial tenant improvements have been completed, as determined
by the Building Official, prior to the effective date of this Zoning Code Amendment.|1010|Page 3|1010101010101010 10
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ATTACHMENT 1
SECTION 4. Pursuant to Section 619 of the City Charter, this Ordinance shall
take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621
of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City
Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City
News and shall post this Ordinance or a summary thereof in at least three places within the
City.
SECTION 5. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason
of any preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this
ordinance and as suchthey shall remain in full force and effect.
APPROVED and ADOPTED this day of , 2009.
D. SCOTT MALSIN, Mayor
City of Culver City, California
ATTESTED BY: APPROVED TO AS FORM:
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MARTIN R. COLE, City Clerk CAROL StEIWAB, City Attorney|1010|Page 4ATTACHMENT 1
ORDINANCE NO. EXHIBIT A
17.220.035 - Commercial Downtown (CD) District Requirements
Land uses allowed within the CD zoning district by Table 2-5 (Allowed Uses and Permit
Requirements for Commercial Zoning Districts) shall comply with the following provisions, in
addition to the development standards in Section 17.220.020 (Commercial Zoning District
Development Standards) and all applicable provisions of Article 3 (Site Planning and General
Development Standards).
A. Ground Floor Restriction. Land uses shown in Table 2-5 (Allowed Uses and Permit
Requirements for Commercial Zoning Districts) as being subject to ground floor
restrictions shall not be located on the ground floor of any building, in the following
locations;
I. Both sides of Main Street;
2. The north side of Culver Boulevard from Canfield Avenue to Duquesne Avenue;
3. Both sides of Washington Boulevard between Watseka Avenue and Hughes Avenue;
and
4. The Culver Boulevard and Washington Boulevard frontages of the Town Plaza and
Town Park areas, except where other uses are allowed by the Culver City
Redevelopment Agency in an Owner-Participation Agreement or a Disposition and
Development Agreement.
Exemptions from ground floor use or design restrictions may be granted for designated historic
structures when it can be demonstrated, by substantial evidence, that such restrictions would
seriously compromise the economic viability or architectural integrity of the building.
B. Height Requirements.
1. The greater of 2 stories or 30 feet on either side of Main Street, except for the southerly
80 feet (north of Culver Boulevard.).
2. The greater of 3 stories or 44 feet along the southerly 80 feet of Main Street (north of
Culver Boulevard), on the north side of Culver Boulevard from Canfield to Duquesne
Avenues, and on the north or south sides of Washington Boulevard between Watseka
and Hughes Avenues; or
3. 56 feet for all other areas, except for buildings within the Town Park and Town Plaza
areas, which are governed by the Design for Development for the Downtown area.
5ATTACHMENT 1
C. Parking Requirements. In the event the downtown parking demand exceeds the pooled
parking supply, as reasonably determined by the Director, all new buildings or proposed
intensification of uses in the CD Zone shall be required to provide parking on-site or as
otherwise permitted in this Section and Title.
1. Retail stores, and similar uses: 1 parking space for each 400 square feet of gross floor
area.
2. Restaurant uses:
a. General Table Service (1,500 square feet or less); 1 parking space for each 350
square feet of gross floor area with a minimum of 3 spaces.
b. General Table Service (greater than 1,500 square feet); 1 parking space for each
100 square feet of gross floor area.
c. Takeout (Counter Service) with customer tables; 1 parking space for each 75 square
feet of gross floor area with a minimum of 8 spaces.
d. Takeout (Counter Service) no tables; 1 parking space per 250 square feet of gross
floor area with a minimum of 3 spaces.
3. Outdoor dining areas: No parking required for the first 250 square feet of outdoor
dining area. Any outdoor dining area exceeding 250 square feet shall be included as
restaurant floor area in determining the parking requirement.
4. Financial institutions, corporate offices, medical offices and similar uses: 1 parking
spaces for each 294 square feet of gross floor area, which requirement may be
reduced by the City to 1 parking spaces for each 370 square feet of gross floor area
subject to implementation of a Transportation Demand Management program
approved by the City.
5. Theaters: The parking requirement shall be determined by the Director for each facility
based on a parking demand/supply study.
6. Additional parking provisions: When applying the provisions of Section 17.320.025
(Alternative Parking Provisions), the legal walking distance of off-site parking spaces
may be extended to allow the utilization of off-street parking areas within the
boundaries of the CD Zone or any City off-street parking lot within 750 feet of the
CD Zone boundary.
7. Evening and weekend use: Where the operator of a business provides parking at the
levels established in Subsection 17.220.035.C. 1,2,3 or 4, the City may require the
operator to allow general public use of the parking spaces during evening and
weekend hours, where feasible.
D. Multiplex Theater Amusement Devices. Amusement devices are permitted in
conjunction with a multiplex movie theater complex of at least 10 screens subject to all the
following criteria:
1. No more than 10 amusement devices shall be permitted in a complex.
2. Amusement devices shall be located within the theater complex and used only by
theater customers who have purchased tickets.
3. An amusement area shall not occupy more than 500 square feet of floor area.
6ATTACHMENT 1
4. An amusement area shall be screened so as not to be generally visible from the exterior
of the theater complex.
5. An amusement area shall be accessible only by means of the main customer entrance
for the theater complex.|1013|