Chapter 17.38
OFF-STREET PARKING REQUIREMENTS1
Sections:
17.38.020 General Requirements.
17.38.040 Parking In-Lieu Fee Program.
17.38.050 Miscellaneous Regulations from Other Titles.
17.38.010 Purpose.
It is the purpose of this chapter to require off-street parking for vehicles to lessen the parking congestion on the public streets and to leave street parking available to persons making short-term visits to the commercial district for shopping, business or related activities. The provisions of this chapter are intended to:
A. Provide clear standards for parking requirements.
B. Provide parking requirements that are appropriate for specified land uses.
C. Provide for flexibility in meeting parking requirements.
D. Ensure that parking requirements are consistent with the land use goals of the community.
E. Discourage unnecessary curb cuts and the loss of street parking spaces through the construction of driveways downtown. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.38.020 General Requirements.
Table A of this section establishes the minimum parking requirements for all uses, projects, developments and redevelopments. New projects or developments shall only be allowed when meeting all parking requirements of this chapter and the requirements of any use permit, subdivision approval or specific plan applicable to the property. Proposed uses within existing buildings may replace existing uses as long as any existing parking deficiencies on the property are not increased by the replacement. Proposed additions of floor area, new shops or dwelling units, or other similar changes in land use resulting in a net increase in parking requirements, as set forth in this chapter, shall provide all required parking generated by the new activities on the site.
Whenever a proposed activity requires the provision of additional parking spaces, the City shall establish a record for the property listing the number of spaces required by the proposed change and the manner in which the increased parking requirements has been satisfied. Required off-street parking may be satisfied by providing parking on- or off-site, unless otherwise prohibited in this chapter. To avoid double-counting, spaces used to satisfy the parking requirements of one property development shall not be used by another property development to satisfy its parking requirements.
Any proposed new buildings, or any substantial replacement or reconstruction of a demolished building, as defined in CMC 17.70.020, shall provide all parking required by the provisions of this chapter. Replacement or reconstruction shall be deemed substantial if the value of the new construction equals or exceeds 50 percent of the construction value of the existing building.
A. Explanation of Minimum Parking Table.
1. Table A establishes the minimum amount of parking required for most land uses and land use districts. The Planning Commission shall review proposed projects for their anticipated parking demand and may require additional parking through use permit conditions if substantial evidence supports the need for providing parking beyond the minimum standard.
2. When the symbol N/A appears in the table, the land use specified in that row is not an allowed use within the land use district corresponding to that column. Existing legal nonconforming uses within these N/A categories shall not be increased or enlarged in any manner that would result in a need for increased parking spaces using the “Basis for Requirement” listed in the table.
3. When evaluating parking requirements for such nonconforming uses, the parking requirement shall be the same as the maximum requirement applicable in any land use district in which the land use is allowed and for which parking is required.
B. Fractional Spaces.
1. When parking is to be physically provided on-site or off-site and a determination of the minimum required parking for the project or use results in one or more full spaces plus a fraction of an additional parking space, one full space shall be provided for the fractional space or the fractional space shall be met through fractional in-lieu payments as set forth below.
2. When parking requirements are met through the payment of in-lieu fees, or a combination of in-lieu fees and off-street parking, and a determination of the minimum required parking results in one or more full spaces plus a fraction of an additional parking space, the in-lieu payment shall include one full fee for each one full space plus a fractional fee proportional to the fractional space.
C. Minimum Off-Street Parking. It is recognized that providing parking on some sites will result in the loss of existing or potential on-street parking spaces due to the location of driveways or other improvements. Therefore, off-street parking shall only be allowed when the cumulative effect of providing such parking will result in a net gain of total parking spaces. When any determination of the minimum required parking for a project or use results in a need for only one space, and parking is being physically provided off-street, two full spaces shall be required unless the applicant can demonstrate a reconfiguration of on-street spaces, consistent with guidelines maintained by the Department of Public Works for street parking, that yields a net gain in total available parking when only one off-street space is provided.
|
Table A: Minimum Parking Requirements |
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|---|---|---|---|---|---|
|
Land Use |
Basis for Requirement |
Land Use District Parking Factors |
|||
|
CC |
SC |
RC |
R4 |
||
|
Permanent Residential Use |
Spaces per Unit |
1 |
1 |
1.5 |
1.5 |
|
Affordable Housing for Moderate-, Low- or Very Low-Income |
Spaces per Dwelling Unit |
1/2 |
1/2 |
1/2 |
1/2 |
|
Senior Housing, Cooperative Housing or Group Care Facilities |
Spaces per Dwelling Unit |
1/3 |
1/3 |
1/3 |
1/3 |
|
Guest Spaces per Each Four Full Units |
1 |
1 |
1 |
1 |
|
|
Nursing Home or Other Resident Care Facility |
Spaces per Patient or Resident |
N/A |
1/3 |
1/3 |
1/3 |
|
Commercial Retail or Service Uses Not Otherwise Specified in This Table |
Spaces per 600 Square Feet of Commercial Floor Area or per Business/Shop Space, Whichever is Greater |
1 |
1 |
1 |
1 |
|
SIC 701: Hotels and Motels |
Spaces per Rental Unit, Including Manager’s Unit |
1 |
1 |
1 |
1 |
D. Properties Located in More Than One District. For projects located on property falling within two or more land use districts with different parking standards, the parking requirement shall be determined by using the parking standards applicable to that portion of the development lying within each of the land use districts involved.
E. Design Standards. The following standards shall apply to all surface and underground parking designs:
1. Dimensions.
a. Standard Spaces: nine feet by 19 feet.
b. Compact Spaces: eight and one-half feet by 16 feet.
c. For all parking designs with parking spaced perpendicular to vehicle travel lanes, a minimum of 24 feet shall be provided for automobile backup room behind standard spaces and 18 feet behind compact spaces. Design shall minimize the need for multiple or complex turning movements. Where angled parking is used, the minimum backup room shall be that distance specified in the current edition of Architectural Graphic Standards.
2. Compact Ratio. Compact spaces may constitute 50 percent of the total required spaces. All spaces provided in excess of the minimum requirements may be compact spaces.
3. Driveways. Driveways shall be located to preserve as much on-street curb parking as possible. Driveways and other improvements on the property shall be designed for safe and unobstructed visibility of pedestrians and automobile traffic both on and off the site.
4. Design Review. All parking, whether on-site or off-site shall be subject to design review in conformance with Chapter 17.58 CMC, Design Review, and all provisions of this chapter.
F. Surface Parking Design. The following standards apply to the design of surface parking in addition to those required by subsection (E) of this section:
1. Setbacks. Surface parking spaces shall not be constructed within required setback areas. Portions of rear or side setback areas may be used for backup movements as long as the majority of the setback is landscaped.
G. Underground Parking Design. The standards in subsection (H) of this section apply to underground parking garages in addition to those required by subsection (E) of this section.
H. Standards.
1. Height. For that portion of an underground garage facing any public street, way, place or park, the maximum height of the finished floor level above an underground parking garage shall not be greater than five feet above the existing grade or the official street grade whichever measurement results in the lesser height. The maximum height of the finished floor level above an underground garage shall not be greater than eight feet above the surface of the ground adjacent to any exterior wall around the full perimeter of the garage. Garages not meeting these two standards shall be counted as a story.
2. Setbacks. Underground parking garages may be constructed within required setbacks if significant trees will not be removed or injured and the setback can still be effectively landscaped. Underground garage designs should provide sufficient room around the perimeter to accommodate existing and new tree root systems.
3. Driveways. The grade of driveways providing access to underground garages shall not exceed five percent in the first 10 feet of the driveway slope near the entry and shall not exceed 10 percent in the last 10 feet near the level of the garage floor. The intervening grade shall not exceed 25 percent. Driveway designs shall provide sufficient area to allow drivers to view automobile and pedestrian traffic before merging into such traffic.
4. Ventilation and Access. Garages shall be ventilated to avoid the buildup of exhaust gases. When mechanical ventilation is used, noise mitigation measures shall be incorporated such as low-noise fans, insulated ductwork and vibration absorbing mounting systems. Ducts shall not exhaust toward any openings or open space on any adjoining property nor toward any on-site or off-site way, street, place or park accessible to the public. Plans for underground garages shall be reviewed to ensure accessibility for Police and Fire Department personnel during emergencies. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.38.030 Exceptions.
It is recognized that some sites, due to size, shape, topography, existing buildings, the availability of land suitable for parking purposes or location within specific land use districts, may have difficulty meeting all parking requirements. Therefore, the following exceptions are provided to increase the flexibility in meeting parking requirements:
A. On-Site Parking in the Central Commercial (CC) Land Use District. In contrast to the other districts within the City, on-site parking is prohibited in the central commercial (CC) land use district. This policy eliminates the need for curb cuts in sidewalks and the interference with free pedestrian traffic flow that would result from an excessive number of driveways. This policy is also intended to enhance the opportunities for creating intra-block courts and walkways between properties and buildings.
B. Use of Another Site. Parking requirements may be fulfilled by supplying the required parking on another site upon approval of a use permit. When use of another site for parking is authorized, such parking shall be located within the commercial district on property permitting such use. The land area required to provide such parking shall be legally committed for the full life of the structure for which the parking is required. The legal commitment shall be of such a nature that it cannot be withdrawn for the life of the structure, without the consent of the City. Applicants applying for approval of a use permit authorizing the use of another site for parking purposes must demonstrate one of the following conditions:
1. The property owners of two or more adjacent properties have proposed a combined development plan to provide the required parking for their properties, in accordance with the parking standards established in this chapter, on part of the several sites involved.
2. The project site for which the parking requirement applies is 5,000 square feet or less in size and has less than 50 feet of street frontage.
3. The construction of required driveway(s) for on-site parking would result in the excessive loss of curb parking on street.
4. The topography, size, shape or peculiar conditions of the site or the existing development on the site would make the provision of on-site parking impractical.
5. The site for which parking is required is located within the central commercial (CC) land use district where on-site parking is prohibited.
C. Parking Adjustment In-Lieu Fees. The Planning Commission may authorize the satisfaction of parking requirements through the granting of a use permit and the payment of in-lieu fees when on-site parking is not practical or when on-site parking is prohibited by City policies. Parking adjustments shall not decrease the number of parking spaces required by this chapter. The practicality of providing parking on-site shall be evaluated by using the criteria set forth in subsection (B)(2) through (B)(4) of this section. Standards for participation in the in-lieu fee program are established in CMC 17.38.040, Parking In-Lieu Fee Program. Applicants for use permits authorizing the use of in-lieu fees to adjust on-site parking shall also demonstrate both of the following:
1. The parking for which the adjustment is sought is not required for serving hotel or motel uses.
2. The applicant has diligently pursued meeting the parking requirements both on-site and off-site, but has been unsuccessful in meeting the requirement, or that the site is located within the central commercial (CC) land use district where on-site parking is prohibited. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.38.040 Parking In-Lieu Fee Program.
When parking adjustments have been authorized by the Planning Commission in conformance with CMC 17.38.030(C), required parking may be satisfied by the payment to the City of in-lieu fees. Funds collected by the City from such payments shall be deposited in a specific fund and used by the City to acquire and/or develop off-street parking. Such parking shall be available to the public and shall be in or near the business district of the City. Funds paid to the City for in-lieu parking shall not be refundable in the event of destruction or removal of the structure or land use for which the funds were paid, but shall run with the land. The City shall maintain a record of all spaces credited to each property including all spaces paid through in-lieu fees, spaces physically provided on each property and all spaces represented by the existing parking nonconformity on each site.
A. Payment of In-Lieu Fees. All in-lieu parking fees shall be paid prior to the issuance of the first permit (any business license or building permit) for which the in-lieu fees are required with one exception. The only exception arises when the number of in-lieu parking spaces exceeds five, in which case at least 40 percent of the total in-lieu fees shall be paid prior to the issuance of the project permit or license and the remaining balance shall accrue interest at the prime interest rate fixed on the date the first permit or license is issued. Any fees, including interest that will be subject to such delayed payments shall be evidenced by a promissory note. This promissory note shall provide for the payment of attorney’s fees and costs to the prevailing party and shall be secured by a deed of trust.
B. Determination of Value of Parking In-Lieu Fees. The amount to be charged for an in-lieu parking space shall be determined by using the current construction costs of public garages having Type I or Type II fire resistance and the regional modifier for the San Francisco area as supplied by the “Building Standards” of the International Conference of Building Officials and a factor representing land costs. Four hundred square feet shall be used as the necessary area for a car to park and have maneuvering room with ingress and egress. The current construction costs per square foot shall be multiplied by the modifier to determine the cost per square foot to construct the parking space. The cost of constructing the parking space shall then be increased by 50 percent to reflect land cost. This total shall be the fee paid for each full in-lieu parking space. A fee reduction of 25 percent shall be allowed for parking spaces required for newly established residential dwelling units. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.38.050 Miscellaneous Regulations from Other Titles.
A. Unlawful Acts. It is unlawful for any person to park or permit to be parked any vehicle, pushcart or other contrivance within the City on any street, parking area, park or other public land or area within the City, under the following conditions:
1. Parking in Parkways. To park any vehicle in any park, parkway, greenbelt, planting area or sidewalk area within the City except within parking areas specifically designated as such by the City Council.
2. Parking on Certain Streets. To park or permit to be parked on any portion of Ocean Avenue west of San Antonio, Del Mar Avenue, and Scenic Road any vehicle exceeding 12,000 pounds gross weight or exceeding 20 feet in length overall, including bumpers, or exceeding seven and one-half feet in height at its highest point, except when engaged in the loading or unloading of passengers or goods as may otherwise be permitted by law. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.38.060 Parking Programs.
Enactment and/or implementation of any parking program that has the potential to limit or restrict free public parking within the City shall require a coastal development permit. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Ords. 88-29, 89-34, 90-14, 93-13, 95-6, 95-7, 98-11 and 2001-09.