ORDINANCE NO

ORDINANCE NO. 2014-1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA APPROVING ZONING CODE AMENDMENT 2014-01 (MULTIPLE-FAMILY RESIDENTI...
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ORDINANCE NO. 2014-1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA APPROVING ZONING CODE AMENDMENT 2014-01 (MULTIPLE-FAMILY RESIDENTIAL PARKING REGULATIONS) WHEREAS, a request for Zoning Code Amendment 2014-01 was made by the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886 to amend the Zoning Code of the City of Yorba Linda by amending Chapters 18.22 (Off-Street Parking) and 18.10 (Residential Zones), specifically to modify Section 18.22.020.E and Table 18.22-1 (Parking Requirements By Use) and Table 18.10-2 (Residential Development Standards); and WHEREAS, on January 29, 2014, pursuant to Section 18.36.610 of the Zoning Code, the Planning Commission initiated this amendment to multiple-family parking regulations with adoption of Resolution No. 4981; and WHEREAS, the Planning Commission held a study session concerning proposed revisions to multiple-family residential parking standards on March 26, 2014, to gather input on proposed changes from the community and public at large; and WHEREAS, on June 11, 2014, a duly noticed public hearing concerning Zoning Code Amendment 2014-01 was held by the Planning Commission, and the Planning Commission voted 4-0-1 (with Commissioner Lyons absent) to continue the public hearing to a date uncertain to allow the Traffic Commission to review the proposed revised parking regulations; and WHEREAS, on June 26, 2014, the Traffic Commission reviewed the proposed revised parking regulations (i.e., Zoning Code Amendment 2014-01) and by a vote of 5-0 recommended approval of said revisions to the Planning Commission; and WHEREAS, this matter returned to the Planning Commission as a duly noticed public hearing on July 9, 2014, and by a vote of 5-0, the Planning Commission adopted Resolution No. 5003, recommending approval of Zoning Code Amendment 2014-01 to the City Council; and WHEREAS, the intent and purpose of the proposed amendments to multiple-family parking regulations arise from aesthetic and traffic safety concerns expressed by various members of the community, including residents and business owners, appointed and elected officials; and WHEREAS, the proposed amendments to multiple-family parking regulations are intended to reduce the negative aesthetic and traffic safety consequences that can result from current regulations, while also continuing to support land development feasibility; and

ORDINANCE NO. 2014-1005 PAGE 2 WHEREAS, this matter requires a public hearing noticed in accordance with the requirements of applicable law before the City Council of the City of Yorba Linda; and WHEREAS, a duly noticed public hearing before the City Council of the City of Yorba Linda concerning Zoning Code Amendment 2014-01 was held on August 5, 2014, and continued to August 19, 2014, to allow staff to do additional research regarding the proposed revisions to multi-family residential parking standards; and WHEREAS, on August 19, 2014, the continued public hearing regarding Zoning Code Amendment 2014-01 was held by the City Council and the City Council requested further revisions over and above the revisions that had previously been reviewed and recommended by the Planning Commission; and WHEREAS, state law (Government Code Sections 65850-65857) provides that for changes to the Zoning Code related to off-street parking regulations, if the City Council makes a modification to the proposed revised regulations that were not considered by the Planning Commission during its hearing, the modification “shall first be referred to the Planning Commission for report and recommendation” before the Council adopts the ordinance; and WHEREAS, the Planning Commission reviewed the City Council’s suggested additional modifications on September 10, 2014, and did not suggest any further revisions to the City Council; and WHEREAS , a duly noticed additional public hearing before the City Council of the City of Yorba Linda concerning Zoning Code Amendment 2014-01 was held on September 16, 2014; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: After consideration of the staff report and all of the information, testimony, and evidence presented at the public hearing, the City Council finds and determines as follows: 1.

The zoning code amendment will not adversely impact the community in that it is a revision of the City Zoning Code to modify multiple-family parking regulations. The revised regulations aim to balance the City’s goal to protect the health, safety, and welfare of the citizens of the City of Yorba Linda with respect to aesthetic and traffic impacts associated with overflow parking along public streets created by multiple-family residential developments whose parking demands exceed the currently required number of off-street parking stalls required by the zoning code.

ORDINANCE NO. 2014-1005 PAGE 3 2.

The aforementioned amendment to the zoning regulations pertaining to multiple-family parking regulations is consistent with the goals, objectives, policies, guidelines, regulations, standards, etc., of the Yorba Linda General Plan. In particular, regulation of parking is consistent with Goals 7 and 9 of the Circulation Element, which encourage adequate off-street parking facilities commensurate with development parking demands, and discourage overflow parking onto residential streets that would be incompatible with adjacent land uses, among other objectives.

3.

The City Council certifies that the proposed zoning ordinance amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under state CEQA Guidelines Section 15060(c)(2), in that the proposed zoning ordinance amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from CEQA under state CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the proposed zoning ordinance amendment will have a significant effect on the environment.

4.

As this project does not involve a “Major Amendment” to all or any part of the land use planning policy documents as specified in Section 18.01.020 of the Yorba Linda Municipal Code, this project is exempt from the vote provisions of Chapter 18.01 of the Yorba Linda Municipal Code, also known as the “Yorba Linda Right-to-Vote Amendment.”

SECTION 2: The Yorba Linda City Council does hereby approve Zoning Code Amendment 2014-01 to modify Yorba Linda Municipal Code Chapters 18.22 (Off-Street Parking), 18.10 (Residential Zones), and Chapter 18.04 (Definitions), specifically to modify Section 18.22.020.E, Table 18.22-1 (Parking Requirements By Use), Table 18.10-2 (Residential Development Standards), and Section 18.04.030 (“B” Definitions). SECTION 3: Section 18.22.020.E shall be amended to read as follows: “Land uses shall provide parking in accordance with the rates prescribed by this chapter, unless additional parking is determined necessary by the City’s approval authority pursuant to any conditional use permit, design review, or other land use application.”

ORDINANCE NO. 2014-1005 PAGE 4 SECTION 4: Table 18.22-1 (Parking Requirements by Use) shall be amended to read as follows: “TABLE 18.22-1 PARKING REQUIREMENTS BY USE

Use

Minimum Off-Street Parking Required

Residential

Boarding or rooming house

1 space for each guest room or guest dwelling

Dwelling, multiple family Studio - 2 bdrm = 2 covered spaces per dwelling unit plus 1 covered or (excluding R-M-20 and R-M-30 uncovered space per dwelling unit zones) 3+ bdrm = 2 covered spaces per dwelling unit, plus 1.5 covered or uncovered space per dwelling unit

Dwelling, multiple family (for R- Studio = 1 covered; 1 bdrm = 1 covered + 0.8 uncovered; 2 bdrm = 1 M-20 and R-M-30 zones) covered + 1 uncovered; 3+ bdrm = 1 covered + 1 uncovered

Guest: Studio = 0.75 per unit; 1 bdrm = 0.5 per unit; 2 bdrms = 0.5 per unit; 3 or more bdrms = 1.5 per unit

Dwelling, single family

2 covered spaces per dwelling unit, plus one covered or uncovered guest space per dwelling unit

Senior citizen housing

To be provided as per parking study and conditional use permit requirement

Community

Church, chapel, or mortuary, clubs or lodges

1 space for each 3 seats in the main assembly room or one space for each 30 square feet in the main assembly room where no seats are provided, or as otherwise identified by a parking study and approved by

ORDINANCE NO. 2014-1005 PAGE 5 the Planning Commission through a conditional use permit

College or university, including auditoriums, stadiums and housing facilities

0.75 spaces for each full-time equivalent student, plus the number of spaces provided for on-campus housing facilities according to this schedule

Convalescent home/hospital

1 space for each 3 patient beds

Day nursery or nursery school

1 space for each staff member plus 1 space for each 10 students

Dormitories or other student housing

1 space for each two guest rooms

Elementary or junior high school

2 spaces for each teaching station

High school, including auditoriums and stadiums on site

7 spaces for each teaching station

Hospital

1.5 spaces for each patient bed

Theater or auditorium not on school site

1 space for each 3 seats in main assembly room; or, 1 space for each 30 square feet in main assembly room where no seats are provided

Commercial

Automobile, boat, camper, or 1 space for each 500 square feet of gross floor area plus 1 space for similar vehicle sales, display or each 1,000 square feet of outdoor sales, display or service area rental uses

Automobile car wash

Spaces or reservoir parking and drying area equal to 5 times the capacity of the car wash

ORDINANCE NO. 2014-1005 PAGE 6 Bank, financial institution, public or private utility office

1 space for each 200 square feet of gross floor area

Barber or beauty shop, cleaning or laundry use or similar personal service use.

1 space for each 250 square feet of gross floor area

Commercial repair shops and commercial garages

1 space for each 250 square feet of gross floor area including display areas

Commercial service uses

1 space for each 200 square feet of gross floor area

Food store, supermarket or similar use

1 space for each 150 square feet of gross floor area

Furniture store, appliance 1 space for each 500 square feet of gross floor area (including display) store, or similar uses which handle only bulky merchandise

Office—medical, dental, veterinary and other health services

1 space for each 200 square feet of gross floor area

Office—business, professional or administrative

1 space for each 250 square feet of gross floor area

Plant nursery, garden shop

5 spaces, plus 1 additional space for each 500 square feet of outdoor sales or display

Restaurant, cocktail lounge, or similar use for sale or consumption of food or 1 beverage

1 space for each 100 square feet of gross floor area, but not less than 10 spaces for each such establishment

Service station

5 spaces

ORDINANCE NO. 2014-1005 PAGE 7 Wholesale uses

1 space for each 500 square feet of gross floor area including display areas

Industrial

Manufacturing or industrial uses, including office or other incidental operations on the 2 site

1 space for each 350 square feet of gross floor area, but not less than 1 space for each employee on the maximum shift

Warehouse or storage building 1 space for each 1,000 square feet of gross floor area but not less than 1 space for each employee on the maximum shift

Self-storage/mini-warehouse

Vehicular access provided to each unit

10 spaces for the first 100,000 square feet of gross floor area (including office), and 1 space for each 25,000 square feet of gross floor area or fraction thereof over 100,000 square feet

Vehicular access not provided to unit

0.26 space for each 1,000 square feet of gross floor area (including office)

With caretakers living quarters

2 additional spaces within an enclosed garage

Commercial Recreation

Country club, swim club or recreations use

1 space for each 3 persons based on the maximum anticipated capacity of all facilities capable of simultaneous use as determined by the Community Development Director”

ORDINANCE NO. 2014-1005 PAGE 8 SECTION 5: Table 18.10-2 (Residential Development Standards) shall be amended to read as follows: “TABLE 18.10-2 RESIDENTIAL DEVELOPMENT STANDARDS

Zones

Standard R-A

RLD

R-E

R-S

R-U

R-M

R-M-20

R-M-30

Maximu 1.0 m density (units per acre)

1.0

1.8

3.0

4.0

10.0

20.0

30.0

Minimum 1 acre 1 lot size

39,000 sq. 15,000 sq. 10,000 sq. 7,500 sq. ft. ft. ft. ft.

15,000 sq. 1 acre ft.

1 acre

Minimum 130 ft. lot width

110 ft.

100 ft.

80 ft.

75 ft.

100 ft. (corner); 125 ft. (interior)

135 ft. (corner); 165 ft. (interior)

135 ft. (corner); 165 ft. (interior)

Minimum 150 ft. lot depth

170 ft.

150 ft.

100 ft.

100 ft.

100 ft. (corner); 125 ft. (interior)

135 ft. (corner); 165 ft. (interior)

135 ft. (corner); 165 ft. (interior)

Maximu 35% m lot coverage

35%

35%

35%

40%

45%

65%

70%

35 ft. or 2 stores + ½ story for undergroun d parking

50 ft. or 4 stories, whichever is less

Maximu m building height

35 feet, or 2 stories, whichever is less

2

ORDINANCE NO. 2014-1005 PAGE 9 Minimum 40 ft. front yard setback

35 ft.

3



Minimum — side yard setback (street)

3

5

25 ft.

20 ft.

3

10 ft.









4

20. ft.

5





3



3

10 ft.

10 ft.

10 ft.

10 ft.

10 ft.

Minimum 45 ft. rear yard setback

40 ft.

25 ft.

25 ft.

25 ft.

20 ft.

20 ft.

20 ft.

Minimum 10 ft. building separatio n

10 ft.

10 ft.

10 ft.

10 ft.

10 ft.

20 ft.

20 ft.

Minimum 1,500 sq. dwelling ft. size

1,500 sq. ft.

1,500 sq. ft.

1,500 sq. ft.

1,300 sq. ft.

Studio = 750 sq. ft. 1 bd = 900 sq. ft. 2 bd = 1,000 sq. ft. 3 bd = 1,200 sq. ft.

Studio = 550 sq. ft. 1 bd = 675 sq. ft. 2 bd = 700 sq. ft. 3 bd = 900 sq. ft.

Studio = 550 sq. ft. 1 bd = 675 sq. ft. 2 bd = 700 sq. ft. 3 bd = 900 sq. ft.

Minimum parking per dwelling unit

2 covered plus 1 covered or uncovered

2 covered plus 1 covered or uncovered

2 covered plus 1 covered or uncovered

2 covered plus 1 covered or uncovered

Studio2bd = 2 covered plus 1 covered or uncovered 3+ bd = 2 covered plus 1.5 covered

Studio = 1 covered, 1 bd = 1 covered + 0.8 uncovered, 2 bd = 1 covered + 1 uncovered, 3+ bd = 1 covered + 1 uncovered. Guest:

Studio = 1 covered, 1 bd = 1 covered + 0.8 uncovered, 2 bd = 1 covered + 1 uncovered, 3+ bd = 1 covered + 1 uncovered Guest:

2 covered plus 1 covered or uncovered

4

20 ft.

3

Minimum — side yard setback (interior)

4

20 ft.

5

30 ft.

5

4

ORDINANCE NO. 2014-1005 PAGE 10 Studio = Studio = or uncovered 0.75 per unit; 0.75 per unit; 1 bdrm = 0.5 per unit; 2 bdrms = 0.5 per unit; 3 or more bdrms = 1.5 per unit.

1 bdrm = 0.5 per unit; 2 bdrms = 0.5 per unit; 3 or more bdrms = 1.5 per unit.

1

Except any lot shown on an official subdivision map duly approved and recorded, or any lot for which a bona fide deed was duly recorded at the time Orange County Ordinance No. 1477 became effective (May 24, 1962) may be used as a building site; excepting therefrom any lot having an area of less than four thousand (4,000) square feet. Each building site shall have a minimum twenty-foot (20) wide vehicular access to a street. 2

Steeples, crosses and other religious symbols on churches and religious institutions may exceed the height limit by an additional ten (10) feet or more as determined by the Planning Commission. 3

Side yard setbacks in R-A, RLD and R-E zones shall be ten percent (10%) of the lot width, but not less than ten (10) feet, and need be no more than twenty (20) feet. 4

Interior side yard setbacks in R-U, R-M, R-M-20, and R-M-30 zones shall have a cumulative total of both side yards of twenty (20) feet; however, in no case shall a side yard be less than five (5) feet. 5

Front yard setback requirements shall be applied to all property frontages facing public streets for the R-M, R-M-20, and R-M-30 zones. 6

Minimum floor areas for attached housing units shall consist of the following: Bachelor — 750 sq. ft. 1 BR — 900 sq. ft. 2 BR — 1,000 sq. ft. 3 BR — 1,200 sq. ft.”

ORDINANCE NO. 2014-1005 PAGE 11 SECTION 6: Section 18.04.030 (“B” Definitions) shall be amended to add a definition for “Bedroom” to read as follows: ““Bedroom” – means a room or space within a dwelling intended primarily for use for sleeping purposes. For purposes of required parking pursuant to Chapter 18.22 of the Zoning Code, rooms identified on plans as “dens,” “offices” or similar type shall also be considered “bedrooms” for determining required parking at the discretion of the Community Development Director.” SECTION 7: Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 8: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner required by law. SECTION 9: Exemptions. This Ordinance shall not apply to projects already approved as of the effective date of the ordinance. Such projects shall be subject to the previously existing parking standards. This Ordinance also shall not apply to projects that provide 100% affordable housing pursuant to an executed affordable housing agreement or similar document. Such projects shall be subject to the previously existing parking standards as a concession. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on the 7th day of October, 2014.

CRAIG YOUNG, MAYOR CITY OF YORBA LINDA ATTEST:

MARCIA BROWN, CITY CLERK CITY OF YORBA LINDA

ORDINANCE NO. 2014-1005 PAGE 12 APPROVED AS TO FORM: RUTAN & TUCKER, LLP

________________________________ CITY ATTORNEY STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE

)

I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 7th day of October, 2014, and was carried by the following roll call vote: AYES: NOES: ABSENT:

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

________________________________ MARCIA BROWN, CITY CLERK CITY OF YORBA LINDA