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HomeMy WebLinkAboutCC AG PKT 2005-09-12 #N G / 44Ai k i g a p AGENDA REPORT _d�k ytis� DATE: September 12, 2005 #1131 )4 ; r lr� TO: Honorable Mayor and City Councilz `)‘' THRU: John B. Bahorski, City Manager / 1 I • FROM: Lee Whittenberg, Director of Development Services SUBJECT: REQUEST FOR DIRECTION RE: OFFER OF JOINT USE PARKING AGREEMENT WITH GRACE COMMUNITY CHURCH SUMMARY OF REQUEST: Provide direction to Staff regarding desire to consider an "Offer for Joint Use Parking Agreement Between City of Seal Beach and Grace Community Church, dated July 27, 2005. BACKGROUND: Grace Community Church has presented a written "an "Offer for Joint Use Parking Agreement Between City of Seal Beach and Grace Community Church" (the "Offer "), dated July 27, 2005. City staff has not spent any time evaluating the Offer at this time. Direction is being sought from the City Council as to their interest in proceeding with this matter. Until the City Council determines that the Offer should be further considered, staff does not intend to spend time on this matter. Summary of the Major Points of the Offer: ❑ Total of 126 parking stalls in three separate city -owner parking lots requested as described below: ❑ Eighth Street/Central Avenue public lot — 52 spaces (57 spaces total in lot); ❑ Eighth Street Beach public lot — 60 spaces (417 spaces total in both beach parking lots); and ❑ Main Street and Electric Avenue public lot, next to Seal Beach Mall — 14 spaces (14 spaces total in lot). ❑ Said spaces to be available exclusively for Grace Church use year round on: ❑ Sundays between 7:30 AM and 1:00 PM, and Agenda Item iV Z:\My Documents \Grace Church \Offer for Joint Use Parking.Request for Direction.CC Staff Report.doc \LW\08 -18 -05 Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 ❑ Only Eighth Street Beach public spaces, 60 spaces, to be available exclusively between 5:00 PM and 10:00 PM nightly. ❑ Grace Church to reimburse all direct City costs to install and maintain parking control signage and striping satisfactory to identify church designated parking spaces; ❑ One time payment of $300,000 to City for use of said parking spaces for term of Offer within 7 business days of approval by City and the California Coastal Commission (if required); ❑ Offer can be terminated with cause of a material breach upon 30 day notice; if terminated City to reimburse Grace Church the unused portion of the initial consideration of $300,000 on the basis of a straight line distribution for unused period of time; ❑ Initial term of 25 years, with 2 options of 5 years; ❑ Grace Church to maintain insurance $2 million in insurance for loss, damage or injury in connection with the Offer; ❑ Reciprocal indemnification provisions between Grace Church and City; ❑ Use of impacted parking spaces could not be assigned or subleased by Grace Church; and ❑ This Offer would continue independent of any future City actions regarding applications to remodel, modernize, and otherwise upgrade the church property. The complete "Offer ", including graphic exhibits of the proposed church designated spaces of each of the discussed parking lots it provided as an attachment for the City Council to review in considering this matter. Issues for Council Consideration: Overall Goal of Grace Community Church: This offer has been presented by Grace Community Church `for the express purpose of Grace Community Church to conduct existing operations with adequate off street parking facilities, and is not predicated on any future action to secure permit approval under a future church building program" and "in the sincere interest to work with the Old Town community and the City of Seal Beach to responsibly address the real and perceived parking issues attendant to our church operations ". City Parking Goals and Policies regarding Parking: The "Circulation Element of the Seal Beach General Plan" discusses the overall goals, objectives and policies of the City regarding transportation and circulation issues within the City. Following is the discussion regarding "Parking" in the Circulation Element of the General Plan that was recently updated in December 2003: 2 Offer for Joint Use Parkine.Request for Direction.CC Staff Report f Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 "Parking Goal: Provide sufficient, well- designed, and convenient on- street parking and off-street parking facilities throughout the City. Objective: Develop and implement a Parking Management Plan or other program that identifies citywide parking requirements. Policies: Consolidate parking, where appropriate, to eliminate the number of ingress and egress points onto arterials. Consider the use of public /private joint- ventures to provide funding sources for parking Improve public access to the coast by providing better transit and parking opportunities. Support satellite parking sites and shuttle services to minimize congestion and travel demand for special events and temporary activities. Utilize City programs to address specific issues (Le, Downtown parking Meter Program)." The "Main Street Specific Plan ", adopted in July 1996 addresses parking issues within the Main Street Specific Plan Area, which does not include the Grace Church property. However, the parking lots requested for consideration are within the boundaries of the Main Street Specific Plan. There are numerous areas of discussion and provisions regarding parking within the Specific Plan document. Provided as Attachment 2 is a copy of Section 4, Parking and Traffic, of the Main Street Specific Plan for the information and consideration of the City Council in reviewing this matter. General Areas of Concern Identified by Staff: Staff feels that the following issues should be considered by the City Council before it determines to authorize city staff to continue to negotiate with Grace Community Church regarding the proposed "Offer ": ❑ Does the City Council desire to consider this offer further? ❑ Commitment of public parking spaces for a private use for a 25 -year time period. 3 Offer for Joint Use Parking.Request for Direction.CC Staff Report Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 ❑ Potential for other offers to be received by the City, further restricting the number of available public parking spaces within the Main Street and beach areas. ❑ Allocation of staff time to negotiate this matter with Grace Church, the surrounding community, and the California Coastal Commission. ❑ Potential for needing to amend the "General Plan" and the "Main Street Specific Plan" to reflect such Offer. ❑ Consideration of impacts to adjoining neighborhood. ❑ Consideration of impact on use of the Eighth Street public parking lot by Main Street business employees with employee parking stickers. ❑ Consideration of impact on use of the Eighth Street public parking lot by City employees, including City Hall employees and part -time lifeguards. ❑ If this type of program is to be considered, what other types of businesses could request similar agreements, i.e., sales tax producing businesses. ❑ Potential impacts on existing beach parking lot agreement with AMPCO. ❑ If the City Council desires to consider this offer further, are there particular provisions of the proposed "Offer" that Council wishes to provide additional direction to Staff on at this time? FISCAL IMPACT: Direct revenue source of $300,000 in a one -time payment for use of 126 parking spaces for a minimum 25 year term. Unknown costs of maintenance and enforcement of provisions of this "Offer" and any future formal "Parking Agreement ". Unknown staff costs to proceed with further negotiations and other entitlement issues as discussed above. RECOMMENDATION: Provide direction to Staff regarding desire to consider an "Offer for Joint Use Parking Agreement Between City of Seal Beach and Grace Community Church, dated July 27, 2005. NOTE ►i D APP' ' ED: dare Whittenber Jo ► :.: ahorski Director of Development Service C anager Attachments: (2) 4 Offer for Joint Use Parking.Request for Direction.CC Staff Report A Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 Attachment 1: "Offer for Joint Use Parking Agreement Between City of Seal Beach and Grace Community Church, dated July 27, 2005 Attachment 2: Main Street Specific Plan, Section 4, Parking and Traffic 5 Offer for Joint Use Parking.Request for Direction.CC Staff Report Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 ATTACHMENT 1 "OFFER FOR JOINT USE PARKING AGREEMENT BETWEEN CITY OF SEAL BEACH AND GRACE COMMUNITY CHURCH, DATED JULY 27, 2005 6 Offer for Joint Use Parking.Requcst for Direction.CC Staff Rcport _ ® a Grace • r m Community Church e of Seal Beach "A vibrant church with a biblical message" July 27, 2005 Mayor Charles Antos and Members of City Council City of Seal Beach 211 8th Street Seal Beach, CA 90740 Re: Offer for Joint Use Parking Agreement; Between City of Seal Beach and Grace Community Church. Dear Mayor Antos: Grace Community Church of Seal Beach is pleased to submit this offer to enter into a joint -use parking agreement with the City of Seal Beach for the right to utilize selected City owned parking stalls located within walking distance of the church property. The joint use parking agreement is tendered for the express purpose of Grace Community Church to conduct existing operations with adequate off street parking facilities, and is not predicated on any future action to secure permit approval under a future church building program. The basic terms and conditions under which Grace Community Church would be prepared to enter into a joint use agreement with the City of Seal Beach are as follow: Parking: The designated parking areas and stall count shall be limited to three (3) City owned and operated lots representing a parking allocation of 126 stalls to include; 8th Street Lot at 52 stalls, Beach Lot at Main Street and Ocean Avenue (north of pier) at 60 stalls, and Main Street and Electric Avenue Lot (north of Main Street) at 14 stalls. In total, the joint -use parking agreement shall provide Grace Community Church a dedicated parking capacity of 126 off -street parking stalls. Parking lots and designated stall areas shall be as identified on the attached map, Exhibit A. Payment / Consideration: Grace Community Church shall make a one time payment of $300,000 (three hundred thousand dollars and no /100) for the • privilege of entering into a joint use parking agreement with the City of Seal Beach designating the exclusive use of stalls for the term proposed. Payment to be in cash payable to the City of Seal Beach within seven (7) business days subject to execution of the agreement by both parties, and the express approval of the City of Seal Beach and California Coastal Commission, if required. 138 Eighth Street, Seal Beach, CA 90740 • Phone: (562) 596 -1605 Fax: (562) 430 -8770 • www.Grace- SealBeach.org • July 27, 2005 Offer For Joint Use Parking Agreement City of Seal Beach and Grace Community Church — (continued) Exclusive Use: Parking for all three (3) lots at 126 stalls comprising 8th Street Lot at 52 stalls, Beach Lot at Main Street and Ocean Avenue (north of pier) at 60 stalls, and Main Street and Electric Avenue Lot (north of Main Street) at 14 stalls, shall be set aside for the exclusive use of Grace Community Church for year round, weekly Sunday services, during the hours of 7:30AM to 1:OOPM. • Parking for one (1) lot at 60 stalls, Beach Lot at Main Street and Ocean Avenue (north of pier), shall be set aside for the exclusive use of Grace Community Church for evening meetings conducted weekly, Monday through Sunday, during the hours 5:OOPM to 10:OOPM. Public Safety: For the term of this agreement, the City of Seal Beach shall install and maintain parking control signage and stripping satisfactory to identify church designated parking stalls. Grace Community Church shall reimburse City of Seal Beach for all direct costs associated with this work. Parking control shall be satisfactory to assure exclusive use of designated parking stalls by Grace Community Church, and to assure safe vehicle movement to the general public during intervals of peak access and egress. Term: The joint use parking agreement shall be in effect for a period of not less then twenty -five (25) years. The agreement shall be extended for two (2), five year options unless either party provides written notice to the other party to terminate within six months of the term expiration date. CUP Application: This agreement shall survive independent of any action(s) by Grace Community Church to enter into formal application proceedings with City of Seal Beach and California Coastal Commission to secure permit approval(s) to remodel, modernize and otherwise upgrade the church property. Insurance: Grace Community Church shall maintain insurance, pursuant to its reasonable commercial availability, in full force and provision during the term of this agreement of not less than $2.0 Mil for loss, damage or injury to person or property arising from Grace Community Church's performance in connection with this agreement. Indemnity: Grace Community Church shall indemnify, hold harmless and defend the City of Seal Beach from any liability, claims, suits, actions, proceedings, losses, expenses or costs arising out of this agreement. This provision is predicated on a reciprocal indemnity by the City of Seal Beach as to Grace Community Church. 2 July 27, 2005 Offer For Joint Use Parking Agreement City of Seal Beach and .Grace Community Church — (continued) Cessation of Public Parking: Nothing in this agreement shall preclude the City of Seal Beach from ceasing public parking service (operated under agreement by AMPCO). If the parking facilities for the designated parking lots under this agreement are (in whole or part) acquired or condemned under eminent domain by government authority, or otherwise assigned or transferred to a private or public third party, Grace Community Church shall be afforded exclusive use of comparable parking stall capacity and access similar to that enjoyed under this agreement. Assignment and Sublease: For the term of this agreement, parking stalls subject to the joint use parking agreement and designated by City of Seal Beach and/or California Coastal Commission as necessary for meeting required parking for Grace Community Church operations shall not be subject to assignment or sublease by Grace Community Church. Parking stalls subject to the joint use parking agreement, but not counted as required parking for Grace Community Church operations shall be eligible for sublease or assignment to any public or private third party(s) at the determination of Grace Community Church. Termination: Either party, City of Seal Beach or Grace Community Church, may terminate this agreement with cause upon thirty (30) day written notice. For the City of Seal Beach, cause shall be limited to that instance where the church is in material breach of its responsibilities to which it has direct control under this agreement (defined as stall • use, insurance and initial payment). Right to termination by City of Seal Beach shall be subject to thirty (30) day written notification followed by a reasonable period for Grace Community Church to correct and/or amend the material breach of its responsibilities under the agreement. For Grace Community Church, cause shall be limited to event(s) wherein the church operations, either by size of assembly or location, no longer require the use of City owned parking stalls • In the event of termination of this agreement, the City of Seal Beach shall reimburse Grace Community Church the unused portion of the initial consideration paid on the basis of a straight line distribution by calendar day, pro rata, for that period Grace Community Church has - not received the benefit of the parking. 3 July 27, 2005 Offer For Joint Use Parking Agreement City of Seal Beach and Grace Community Church – (continued) For example; if the termination is made at the end of year fifteen (15) of the first twenty-five (25) year term, Grace Community Church • shall be refunded 10/25 ($120,000) of the initial $300,000 . consideration/payment. Accrued interest from date of the original consideration/payment made shall not be factored into the calculation and shall remain with the City of Seal Beach. Non - Binding Letter of Intent: This is a letter of intent, setting forth the understanding of the parties with respect to the proposal to enter into a joint use parking agreement. It is not an agreement. Neither the City of Seal Beach nor Grace Community Church shall be bound by this letter of intent until such time as a definitive joint use parking agreement is executed between the parties as herein contemplated. Grace Community Church has submitted this proposal in the sincere interest to work with . the Old Town community and the City of Seal Beach to responsibly address the real and perceived parking issues attendant to our church operations. It should be noted that the subject joint use parking agreement lots have a combined parking capacity in excess of 500 stalls, and a demonstrated surplus of available parking, during Sunday mornings, of 200 to 300 stalls. It is our intent to better utilize this asset toward the shared interests of the community and Grace Community Church. . Finally, the proposal as set forth is well within the goals, objectives and policies set forth in the Parking Element of the City General Plan. Your prompt and considered response to this proposal is appreciated. Sincerely, (-1 " Donald Shoemaker Brian Mp an Senior Pastor Church Administrator - cc: Tom Merrell, Civic Solutions Tom Wilck, Wilck Company • 4 July 27, 2005 Offer For Joint Use Parking Agreement City of Seal Beach and Grace Community Church — (continued) AGREED AND ACCEPTED this day of 2005 City of Seal Beach: By: Printed Name: Title: • 5 8TH STREET LOT Grace Community Church Joint Use Parking -...N.N.,,,,,,,,%.....// . 5 SPA a S FIRE Fire St on a STATION NORTH P r -.•••• .t:3 C ACES ; =.a:R. v C ` urch r iseiot , _ f 44- / y .* ' Sup c .. ",; .A......we .ervie. a a t s e' !� F . r at -17 4F TI: ; *, � , „ x :' CITY `` •,4 `rzx��*. A, PARKING �•r•' .. :' ' . : °; 4 LOT r - -- `# v `i 7. iq • y • General Public Parking Church Parking City Permit Only 6:00 am to 5:00 pm Sundays only 7:30 am to 1:00 pm Free Public Parking 5:00 pm to 10:00 pm Closed 10:00 pm to 6:00 am BEACH PARKING LOT - WEST • Grace Community Church Joint Use Parking .........--'...--'-........./ziz.c°. ,./.... f a . r � c yG � ',� s q /1 qL ....ye. _. � jO.g '� / BO 4 Nq ..... ,� .,.�` k =:'.ti ,`,��� ••��..�� ':i ki -' tie . . :.....u • ' -4. : F ; :. iwe^• - t a li. _ . x .. , •& :: Y , � / A _ • NORTH • . • • . ' V .. • '. a�( .. Sri- nry� .�' c ' '� ,.d A ` 1 0: ' F ! s - W f� . . ' :.; 4 - - t� ms s' , VA:' l�� . -`1vti43R' ' 'u -. xT •-FF . 4 • . . ': ,� �r '2. x.., x _ .. . x.; .... . ' e...!'g .i .. 71.—..,......- . ter General Public Beach Parking Church Parking Areas 7 Days per week Sundays: 7:30 am to 1:00 pm 6 am to 10 pm 7 Days per week: 5:00 pm to 10:pm $3 for 2 hours, $6 for all day parking Available for beach parking at all other times ELECTRIC AVENUE AND MAIN STREET - WEST Grace Community Church Joint Use Parking CITY PARKING LOT et to co 4414 � " 1,3Mi 91. 1 41 1111 NORTH • ti � General Public Parking Church Use 9:00 am to 6:00 pm 7 days per week Sundays only from 7:30 am to 1:00 pm Metered ($0.25 for 30 minutes) • Request for Direction re: Offer for Joint Use Parking Agreement Between Grace Community Church and City of Seal Beach City Council Staff Report September 12, 2005 ATTACHMENT 2 MAIN STREET SPECIFIC PLAN, SECTION 4, PARKING AND TRAFFIC 7 Offer for Joint Use Parking.Requcst for Direction.CC Staff Report 0 Main Street Specific Plan City of Seal Beach July, 1996 4. PARKING AND TRAFFIC A. Parking In 1994 there were 751 parking spaces as shown in Table 3 generally available for commercial uses within the Specific Plan area. TABLE 3 Parking Inventory Summary On Street (Public) Main Street 163 Ocean, Central & Electric (between 8th and 10th) 94 Off Street and Alleys parallel to Main St. (private) 415 Off Street (public) Electric Avenue 37 Main Street 42 Total 751 In addition to this, there are 425 spaces in the beach lots and 58 spaces in the City employee lot on 8th Street. Parking demand in 1994 was calculated in two ways. Based on the zoning, the 223,600 square feet of commercial activities would theoretically require 1,258 spaces. The second method was to look at actual parking demand. Parking counts were completed each hour during the mid -day (noon to 2:00 PM) and evening (6:00 PM to 9:00 PM) peak periods on April 9, 1994 (Saturday, Main Street Specific Plan 21 Zucker Systems Main Street Speck Plan City of Seal Beach July, 1996 non -peak season) and on July 2, 1994 (Saturday, peak season, July 4th weekend). These counts are shown in the Appendix of the Background Report. The parking counts indicate that the majority of the on -street parking spaces in the study area, as well as the parking in the public parking lots adjacent to Main Street are occupied during peak periods. However, parking in the beach lot is generally under utilized, with 48 percent of the parking spaces vacant at 1:00 PM on Saturday, July 2, 1994, which was when the peak parking demand for the beach lot was observed. After 6:00 p.m., 77% of the parking spaces in the beach lots were vacant. Additionally,, parking spaces in the alleys are generally under - utilized. There are 36 short-term (24 Minute) parking spaces designated at key resident serving commercial locations on Main Street, with a two hour time limit for the remainder of the parking on Main Street. On the surrounding residential streets there is typically a one hour time limit on one side of the street, with no parking restrictions on the other side. However, there is a one hour parking time limit on both sides of Tenth Street and on both sides of Eighth Street south of Electric Avenue. In light of their proximity to and support of area businesses, the curb spaces on Main Street, and in the 800 and 900 blocks along Ocean Avenue, Central Avenue, and Electric Avenue are primarily commercial parking spaces. The remainder of the on -street parking in the residential areas primarily supports the adjacent residential uses. Annual parking passes for the beach lot are sold to Seal Beach Residents and non - residents. Further, Unocal (off -shore oil) uses the beach lot and pays via a key card. A sports fishing boat operating off the end of the pier also has a key card to use this lot. Automobile parking fees for the beach lot vary between summer and winter, and weekends and holidays. The City's residential parking permit program allows residents to purchase a permit that allows their vehicle to park more than one hour on residential streets with one hour parking restrictions. The permit also allows them to park in the municipal parking lots on Main Street and on Eighth Street at Central Avenue Main Street Specific Plan 22 Zucker Systems �. Main Street Specific Plan City of Seal Beach July, 1996 . between the hours of 12:00 AM and 6:00 AM, only. The City also issues guest parking permits with the same parking regulations. Merchants and-employees in the Old Town area can buy an annual parking permit that allows them to park in the City parking lots. The permit is to be permanently affixed to the outside of the vehicle on the left rear window or bumper. The merchant permits are not resalable or transferable. In 1984, the City began an "interim in -lieu parking program" in connection with a variety of zoning variances along Main Street. Participants were required to pay $100 /year /space on an interim basis pending development of a more detailed program. According to the approval conditions these in -lieu fees may be increased. In 1994 this fund was generating $19,600 a year in funds to the City. More recent permits have been negotiated as part of development agreements. These have been fixed fees based on $3,500 /parking space, generally paid over several years. Additionally, the California Coastal Commission has required four businesses to lease 72 other non - commercial spaces for commercial use. ( _ Based on the arkin analysis, the 1994 parking demand and supply is considered g Y� P g PPY ed in relative balance. However, there is a need to provide additional conveniently located parking to serve Main Street and to provide a base for future parking need. Most significantly, the parking analysis indicates that the primary parking problem in the Specific Plan area is the location and management of the existing parking supply and not an overall shortage of parking. However, as existing buildings are expanded, or new uses are established which would require more parking than existing uses, there will be an increased demand for parking. Since the existing commercial lots on Main Street have inadequate room for new parking, the only likely solution to parking needs is a City in -lieu parking program. B. Traffic Roadways in the Specific Plan are typically two -way with a single travel lane plus a parking lane in each direction. Main Street has diagonal parking along most of �_ Main Street Specific Plan 23 Zucker Systems Main Street Specific Plan City of Seal Beach July, 1996 its length, except for some parallel spaces in the 300 block, which provides enough width for two lanes for traffic traveling northeast on the approach to the traffic signal at Pacific Coast Highway. A traffic signal also exists at the southwest end of Main Street at Ocean Avenue, and four -way stops are posted at the intersections with Central and Electric Avenues. Mid -block pedestrian crosswalks have been striped in all three Main Street blocks. Electric Avenue has a broad, linear landscaped median, resulting in two one -way roadbeds. The two roadways merge at Main Street to form a single intersection. Each roadbed provides a single travel lane and a bike lane, plus parking at the right curb. The majority of the traffic entering the study area travels southwest on Main Street from Pacific Coast Highway. Generally, if a motorist can not find a parking space near their desired destination as they travel along Main Street, they will turn at Ocean Avenue and travel up Eight or Tenth Street and then re- circulate down Main Street. September, 1993 traffic counts indicated average daily traffic in the vicinity of C Main Street as 9317 on Main Street, Ocean 4070, Central 3018, and Electric 3660. Using these counts, all streets would be operating at a high Level of Service with the exception of Main Street. However, Main Street is considered a combination parking and traffic street and a high level of traffic service is not anticipated. Traffic flow and traffic control is not perceived to be a problem in the Specific Plan area. POLICY 5. Parking Standards Section 28 -1255. Parking and Loading Space Requirements. 1) Off -street parking spaces shall be a minimum of nine feet by twenty feet. A minimum driver aisle width shall be provided as follows: • Main Street Specific Plan 24 Zucker Systems Main Street Specific Plan City of Seal Beach July, 1996 90 degree Right Angle Parking 24 feet 60 degree Angle One -Way Traffic 18 feet 45 degree Angle One -Way Traffic 12 feet 0 degree Parallel One -Way Traffic 12 feet 2) All parking areas shall be paved with portland cement concrete or asphaltic concrete. 3) Parking requirements shall be satisfied in one or more of the following ways: (a) By providing required off -street parking spaces on the property on which the building is located; (b) By providing required off -street parking spaces within three hundred feet of such building. (c) Through participation in the City's in -lieu parking program as established in Section 28 -1257. 4) No use shall be established unless there is full compliance with the off -street parking requirements set forth herein or the in -lieu parking program set forth in Section 28 -1257. 5) No onsite loading area is required. Section 28 -1256. Number of Off - Street Parking Spaces Required. 1) Beauty salon; Nail shop 2 spaces per each operator. 2) Business Offices 1 space for every 300 sq. ft. gross floor area. 3) Coffee houses; Dessert shops 1 space for each 500 sq. ft. gross floor area or part thereof. Main Street Specific Plan 25 Zucker Systems • Main Street Specific Plan City of Seal Beach July, 1996 4) Financial Institutions; Professional Offices 1 space for every 250 sq. ft. gross floor area. 5) Furniture Stores 1 space for every 1000 sq. ft.gross floor area. 6) Grocery stores 1 space for each 1000 sq. ft. gross floor area or part thereof. 7) Hardware Stores 1 space for each 1000 sq. ft. gross floor area or part thereof. 8) Horticultural Nursery 1 space for every 2500 sq. ft. of lot area. 9) Medical Offices 1 space for every 200 sq. ft. gross floor area. 10) Movie Theaters 1 space for every 6 seats. 11) Offices Not Providing Customer Service on the Premises 1 space for every four employees or 1 space for every 500 sq. ft. gross floor area (whichever is greater). 12) Pharmacy; Drug stores 1 space for each 1000 sq. ft. gross floor area or part thereof. 13) Restaurants 1 space for every 100 sq. ft. gross floor area. 14) Retail stores 1 space for each 500 sq. ft. gross floor area or part thereof. Main Street Specific Plan 26 Zucker Systems �_ (' Main Street Specific Plan City of Seal Beach July, 1996 Section 28 -1257. In -Lieu Parking Program. A. Participation in Program Required: In the event a use cannot provide the off -street parking spaces required by Section 28 -1255 and Section 28 -1256, such use shall not be established unless there is full compliance with all the requirements of the Main Street In -Lieu Parking Program as established in this Section. All or part of off -street parking space requirements may be satisfied by compliance with this Section. B. In Lieu Parking Fee: The In -Lieu Parking Fee and the formula for calculating said fee shall be established by Resolution of the City Council. C. Existing Uses - Parking Deficiencies: Any use which pre - exists the effective date of this ordinance and which is presently operating under the authority of a discretionary land use entitlement and /or development agreement shall remain subject to the terms and conditions of said approval and agreement. As a condition to those entitlements, the applicants agreed to participate in any in -lieu program established by the City Council. This Article constitutes the in -lieu parking program referenced in the resolutions conferring those entitlements and in those certain development agreements. D. Processing In -Lieu Parking Program Applications: 1. Eligible persons or businesses desiring to participate in the In -Lieu Parking Program established herein shall submit a written application for participation to the Director of Development Services on a form prescribed by the City. If the Director determines that such application meets the requirements set forth in Sections 28 -1255, et seq. of this Code, the Director shall, within thirty (30) days of the completion of such application, calculate the applicable in -lieu fee and grant permission to participate in the program, if the Director makes the following findings: (a) Participation in the In -Lieu Parking Program will not create any significant adverse traffic safety impacts, pedestrian - vehicle conflicts, or parking impacts. Main Street Specific Plan 27 - Zucker Systems Main Street Specific Plan City of Seal Beach (' July, 1996 (b). Participation in the In -Lieu Parking Program will not be detrimental to the public health, safety, and welfare. 2. The Director may deny the request to participate in the program, if the Director is unable to make the findings set forth in subsection 1. 3. The Director may restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the findings set forth in subsection 1. 4. The Director's decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested. E. Appeals: The decision of the Director may be appealed to the Planning Commission by any aggrieved person, in the time and manner provided in Article 29.4 of Chapter 28 of the Code. F. Payments and Deposits: 1. Payments of In -Lieu Parking Program Fees shall be made pursuant • to the schedule adopted by Resolution of the City Council. In no event shall a certificate of occupancy be issued for any participating use in the Main Street Specific Plan Zone prior to the receipt by the City of the first installment or, if applicable, full payment of the In- Lieu Parking Fee. 2. Funds collected from the In -Lieu Parking Program shall be deposited in a segregated City In -Lieu Parking. Program fund. Such fund shall be used exclusively . for the purpose of promoting, managing, operating, increasing and maintaining the availability of parking spaces in the immediate vicinity of Main Street. G. Transferability: In -Lieu Parking space payments paid for pursuant to the provisions of this ordinance shall be credited only to the use for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property. Main Street Specific Plan 28 Zucker Systems __ Main Street Speck Plan City of Seal Beach July, 1996 H. Expansion. Intensification or Change in Use to a Use which Requires Additional Off Street Parking Spaces: Should the use of any property within the Main Street Specific Plan Zoning be proposed for expansion, enlargement, -structural alterations, intensification or conversion to a new use which requires additional off -street parking spaces, the owner, lessee or sublessee of the property shall provide the required additional off -street parking, either on -site, within 300 feet of the property on which the building is located, or through payment of in -lieu parking program fees, or additional in -lieu parking program fees, as required by this Article. Acceptance of Terms and Provisions: An applicant's participation in the program shall not become effective, and a certificate of occupancy shall not be issued, unless and until the participant first executes and submits for recording on the title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. Said covenant shall be recorded in the 'office of the Orange County Recorder and shall also be maintained in the office of the City Clerk. C J. Violators Punishable by Fine and Imprisonment: Any person, firm or .. corporation violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment. • Main Street Specific Plan 29 Zucker Systems • Main Street Speck Plan City of Seal Beach July, 1996 Section 28 -2408. Nonconforming Nonresidential Buildings and Uses May Not Be Enlarged or Structurally Altered C. Where a building or buildings located within the Main Street Specific Plan area are nonconforming only by reason of an inadequate number of parking spaces, the provisions of this chapter prohibiting enlargements, structural alteration or expansion shall not apply, provided: 1. that any enlargements, structural alterations, or expansion shall not further reduce the existing number of parking spaces, and 2. new parking spaces shall be supplied to meet the parking requirements for the difference in building area between the existing building and new building, and 3. new parking spaces shall be supplied to meet the difference in parking requirements for the existing building between the prior use and the new use. • Where property owners cannot meet off -street parking requirements, ( - permits may be granted if said owners instead pay an in -lieu parking fee pursuant to the provisions of Section 28 -1257. POLICY 6. Parking Management Plan Although parking studies can establish theoretical demand, the actual demand for parking and behavior habits of parkers cannot be totally determined and changes over time. Therefore, the City shall establish a parking management plan. Such a plan should include, but not be limited to: a) Conducting and analyzing an annual parking count for the Specific Plan area, similar to the one prepared for the Specific Plan; b) First Phase — Management Improvements: Main Street Specific Plan P 30 Zucker Systems Main Street Specific Plan City of Seal Beach July, 1996 ✓ Limit the 24 minute parking restrictions to the 7:00 a.m. to 6:00 p.m. period except for spaces serving resident oriented businesses that stay open past 6:00 p.m. ✓ Change the merchants' parking permit program to only allow parking in the beach lots. ✓ Increase enforcement of the parking restrictions for all parkers to . emphasize a consistent and fair enforcement program. ✓ Work with the merchants to conduct a program so that employees do not park in street curb spaces. ✓ Allow public parking in the 8th Street lot after 5:00 p.m. and on Saturdays, Sundays and holidays and post appropriate signs to this effect. ✓ Analyze City employee parking needs at the 8th Street lot and open any non - needed spaces to the public. • •: ✓ Change the beach lots from a flat fee to an ho urly fee, offer a merchant validation program, and explore use of the lots for a merchant valet program. ✓ Improve signage to the beach lots. ✓ Formalize the in -lieu parking program in conformance to AB 1600 requirements. c) Second Phase — Management Improvements: ✓ Adjust beach parking lot rates depending upon the result of parking surveys. If usage remains low, lower the rates. If usage reaches an average occupancy of 85 %, raise the rates. Main Street Specific Plan 31 Zucker Systems • • Main Street Specific Plan ( - City of Seal Beach • July, 1996 ✓ Conduct a license plate analysis to determine the number of curb -side parkers who • move their cars every two hours or rub off the chalk. If this is a problem, adopt a computerized system that records license plate numbers for enforcement. ✓ Improve pedestrian amenities, access and directional signs to the beach lots. ✓ Consider parking meters in the public parking lots located in the 100 and 300 blocks of Main Street. d) Third Phase — Management Improvements ✓ Construct a two level depressed parking structure on the 8th Street lot adjacent to the Fire Station. It Look for opportunities to purchase land between 8th and 10th Streets • between Ocean Avenue and Electric Avenue for future surface parking. The target cost should be less than $15,000 / space. ✓ Consider parking meters for curbside spaces on Main Street. • • • Main Street Specific Plan 32 Zucker Systems Dear City Council, I want to voice my concern over Grace Community Church's request to lease joint - use parking stalls for 25 to 35 years. Please do not allow this to take place. Seal Beach cannot afford to lease these much needed parking spots. Some people think it's just a couple hours on Sunday mornings when no one is awake to use the under utilized parking spots. This is not true. The church wants to use these spots on Sundays, 7:30am to 1:OOpm. That is 51/2 hours! Sundays is one of the busiest days for merchants & beach goers. That time period covers the breakfast crowd and almost all of the lunch crowd. Since they want to take the merchant lot too, where are all the merchants going to park ?? They'll park on Main St. which should be open to money spending customers. The church also want s to use those parking stalls, EVERY SINGLE DAY, ALL EVENING LONG, 5pm to lOpm!!! How that fair to all the merchant & customers who need to park in those stalls for dinner, shopping, their jobs, etc. The church wants to take all those parking stalls at prime times. Seal Beach cannot afford to lose any parking spots at any time! The church knows by doing this, it will not alleviate the parking congestion on Main St. I feel the real agenda in them getting extra parking, is so Grace can expand their church building in the future. Grace has grown into such a big regional church that even by leasing the 126 stalls that they want, it won't stop the rest of their congregation from parking on Main St., parking in the business/ customer parking spots behind businesses, that run parallel with the alley, next to the church & the nearby residential areas. I go to church. I am all for church growth. Praise God that they have such a problem as outgrowing their building. At least 2 local Seal Beach churches have outgrown their facilities, one being Seal Beach Calvary Chapel. Both churches did the right thing for everyone, including their congregation and Seal Beach residents and they moved to larger facilities that had adequate parking. Do you think they wanted to move from their beloved Seal Beach... No of course not! But they put the people first, and moved. Unfortunately, I think that is the only solution to Grace's growth, is to move out of Old town. Grace has not only outgrown their building, They've outgrown Old Town, Seal Beach. Old town, unfortunately cannot accommodate a church as large as Grace, I'm sorry to say, but that is a plain fact. Grace wants to reimburse the city for enforcing the parking, for parking control signage, etc. Isn't the city under staffed and have too much to do already? There's not even enough parking control officers to enforce Main St. on a regular basis. How are they going to enforce the church parking? If I didn't understand that correctly, I apologize. If Grace church is going to enforce the parking, that's even worse! I've experienced first hand how Grace enforces their own parking situation & problems. They don't enforce at all. It's as if they don't care. Grace also wantmo to to sublease the parking stalls to whoever they want. Many organizations use Grace's facilities throughout the week and many of those organizations do not care where they park, as long as they park close by. How will their parking be monitored, so they will park in the appropriate places? They aren't now and that is causing problems. I hope you will consider these current problems & potential problems and vote no to the leasing of parking stalls to Grace Community Church. As I said before, Grace has not only outgrown their facilities, they have out grown Old Town Seal beach. Thank you for your time. Lisa Woodruff