Chapter 18.152
(TOD) TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT
Sections:
18.152.020 Establishment and designation.
18.152.060 Development intensity and density.
18.152.080 Other requirements.
18.152.010 Purpose.
The purpose of the (TOD) transit-oriented development overlay district is to create a compact and high intensity mix of residential, office, retail, service and public uses to promote areas of the city that have a high potential for pedestrian activity, generally within one-half mile of existing and planned transit stations. Increased development potential and higher allowances for building intensity are allowed in the TOD overlay to promote economic potential, pedestrian activity and transit access, improve urban form and design, and reduce vehicle miles traveled.
Each (TOD) is unique in its character and underlying land use. They share a common goal of maximizing transit use through density, land use mix, building form and design. Each (TOD) is intended to be a vibrant pedestrian-oriented district. The particular mix of uses around a transit station will vary depending on surrounding land use, access, infrastructure, and other factors. (TOD) districts will generally have more intense development than immediately surrounding areas in order to support transit ridership and promote a sense of place. (Ord. 22-2012 § 3, 12-4-12. 1990 Code § 8-21910.)
18.152.020 Establishment and designation.
(a) A (TOD) may be established only in conjunction with other districts. (TOD) designations shall overlay whatever other district designation is applicable to the area. The boundaries of a (TOD) may or may not coincide with other district boundaries. The process for creating a (TOD) shall be as set forth in Chapter 18.225 (Amendments).
(b) (TOD) districts shall apply to commercial, industrial and urban residential parcels designated as such in the general plan, but shall exclude existing planned districts and parcels with an approved site development plan as of December 31, 2012, and parcels in the downtown district.
(c) The provisions of this chapter shall apply in a (TOD), which district shall also be subject to other provisions of this chapter, including the provisions applicable to the particular district or districts which the (TOD) designation overlays. Where a conflict between the regulations in this chapter and those in other provisions of this chapter occurs, including Chapter 18.140 (Irvington Overlay District), the regulations in this chapter shall prevail. (Ord. 22-2012 § 3, 12-4-12; Ord. 17-2016 § 25, 9-13-16. 1990 Code § 8-21911.)
18.152.030 Reserved.
Repealed by Ord. 05-2018. (Ord. 22-2012 § 3, 12-4-12. 1990 Code § 8-21912.)
18.152.040 Prohibited uses.
The following uses are prohibited within each (TOD):
(a) Warehousing, distribution, mini-storage, rail yards, freight terminals and other similar low employee generating uses.
(b) City-wide parks, golf courses, cemeteries, nurseries, and amusement parks.
(c) Drive-through facilities.
(d) Automobile sales, wrecking, service station, storage, and major repair; RV and boat sales and storage. (Ord. 22-2012 § 3, 12-4-12. 1990 Code § 8-21913.)
18.152.050 Temporary uses.
Temporary uses may be allowed if such uses do not require structural improvements to the site and are not operated continuously. Temporary uses include but are not limited to farmers’ or other outdoor markets and uses permitted under Section 18.190.550 such as Christmas tree sales, pumpkin patches and other seasonal commercial activities. Uses allowed under this section may be subject to a special event permit or other approval from the city. (Ord. 22-2012 § 3, 12-4-12. 1990 Code § 8-21914.)
18.152.060 Development intensity and density.
(a) The primary benefit afforded by a (TOD) is an increase of development intensity or density for individual parcels. The building floor area ratio (FAR) and density (housing units per net acre) requirements for mixed-use or residential projects by land use designation are provided in Table 18.152.060.
|
Standards |
General Plan Land Use Designation |
||||
|---|---|---|---|---|---|
|
City Center |
Town Center |
General Commercial |
Urban Residential |
Industrial |
|
|
Floor area ratio (FAR) |
3.0 (maximum) 1.25 (minimum) |
2.5 (maximum) 0.50 (minimum) |
1.25 (maximum) (no minimum) |
n/a |
(no maximum) 0.50 (minimum) |
|
Net density (units per net acre) |
50 (minimum) |
30 (minimum) |
30 (minimum) |
50 (minimum) |
n/a |
All other building and site standards shall be as prescribed by the underlying zoning district or site development plan.
(b) Within each (TOD), decreases to the minimum FAR prescribed in Table 18.152.060 may be allowed where the required finding(s), as set forth below, are made by the approval authority:
(1) For decreases to the minimum floor area ratio, the approval authority must make the following finding:
(A) It can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum FAR at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent development.
(2) If the approval authority cannot make the above finding, then it must make two of the following findings for an exemption to the applicable minimum FAR standard:
(A) The parcel size is 12,500 square feet or less, and due to size, shape and configuration, meeting the applicable minimum FAR standard is not feasible.
(B) Site development will already be maximized to the fullest extent feasible.
(C) The site contains historic resources listed on the national, California or Fremont register, or potential register resources, as these terms are defined in Chapter 18.175.
(D) Environmental and/or site constraints prohibit development from achieving minimum density standards.
(c) Increases to the maximum FAR may be allowed in conformance with Section 18.190.170. (Ord. 22-2012 § 3, 12-4-12. 1990 Code § 8-21915.)
18.152.070 Parking.
(a) Automobile Parking.
(1) Pursuant to Cal. Gov’t. Code § 65863.2, as may be amended, minimum automobile parking requirement on a residential, commercial, or other development “project” shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Cal. Pub. Res. Code § 21155, as may be amended. Exceptions to this parking exemption and voluntary parking requirements are set forth in Chapter 18.183, Parking, Loading Areas and Vehicle Storage.
(2) For the purposes of this section, “project” shall have the same meaning as defined in Cal. Gov’t. Code § 65863.2, as may be amended, and printed here for reference:
“Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(b) Bicycle Parking. Notwithstanding subsection (a) of this section, bicycle parking shall be provided, in spite of no minimum automobile parking requirements, based on the provisions of Section 18.183.135, Required bicycle parking, as may be amended. (Ord. 07-2023 § 25, 12-5-23.)
18.152.080 Other requirements.
The following additional requirements shall apply within each (TOD):
(a) Design review approval per Chapter 18.235.
(b) All development shall be consistent with and meet the design intent of the place-type manual in the community character element of the general plan.
(c) All required yard areas shall be landscaped. If yard area requirements conflict with the design intent of the area then yard areas may be waived, subject to review and approval of the zoning administrator.
(d) Development within a (TOD) shall not be designed as a strip commercial development as defined in Section 18.25.2755.
(e) New high intensity development shall include (1) transportation demand management (TDM) measures to promote the use of alternatives to automobile travel, and reduce total vehicle trips and vehicle trips during peak hours through site design measures, and (2) when already established, participation in a transportation demand management association supporting programs for enhanced transit ridership, biking, and walking.
(f) For residential projects, the property owner is encouraged to provide a pass for unlimited local bus transit service covering a one-month period or a functionally equivalent transit benefit at least equal to the price of a nondiscounted unlimited monthly local bus pass to each purchaser or tenant of a unit, upon the renting or initial sale of the unit. (Ord. 22-2012 § 3, 12-4-12; amended during 4/14 supplement. 1990 Code § 8-21917.)