Chapter 18.47
DOWNTOWN (“D”) DISTRICT

Sections:

18.47.010    Incorporation of downtown community plan, findings and purpose.

18.47.020    Regulations generally.

18.47.030    Lot standards for the D district, generally.

18.47.040    D district “place-type” zones.

18.47.050    Permitted, conditionally permitted, and prohibited uses.

18.47.060    Reserved.

18.47.070    Downtown design review permit.

18.47.080    D district site development standards.

18.47.090    Other required conditions.

18.47.100    Special required parking spaces by type of use.

18.47.110    Other downtown parking requirements and parking credits.

18.47.120    Downtown art program.

18.47.010 Incorporation of downtown community plan, findings and purpose.

(a)    The downtown district (D) is established to implement the downtown community plan and design guidelines (“DCP”), which is incorporated herein by reference. The DCP is a comprehensive, long-term planning document for the downtown district, intended to facilitate the creation of a vibrant, urban, mixed-use district within the center of the city to provide distinctive retail opportunities, housing, offices, civic plazas, entertainment and cultural art venues, an art program, and consolidated city government offices. The DCP includes architectural and design guidelines, site development standards, street sections and streetscape design standards, planned public spaces and other facilities which will be implemented through zoning and subdivision regulations, public and private improvements, and an economic development strategy.

(b)    The city council finds that implementation of the DCP will create employment, retail, and housing opportunities in an urban setting and will provide a center for social interaction for residents of the city; will contribute positively to the city’s community character and regional prominence; and is in accordance with the city’s general plan goal to promote strategically urban growth and sustainable development.

(c)    It is the purpose of the provisions of this chapter to: (1) protect and promote the public health, safety, peace, comfort and general welfare; and (2) define development procedures and administrative requirements to obtain the objectives of the DCP. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211100.)

18.47.020 Regulations generally.

(a)    The regulations contained in this chapter shall apply in the D district, in conjunction with the standards, guidelines, and improvement plans contained in the DCP document. In the event of any inconsistencies between the standards set forth in this chapter and the DCP, the provisions of this chapter shall control.

(b)    Whenever this chapter does not provide specific standards or procedures for the review, approval, or administration of development projects within the D district, or for appeals concerning approvals or administration of development projects, the standards and procedures in this title generally shall apply. Exceptions to the regulations of this chapter are described in Chapter 18.170.

(c)    The owner or occupant of land or buildings used for any purpose in the D district shall provide the facilities as required by and which conform with the regulations set forth in this chapter and the DCP; provided, however, that buildings, structures or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming and subject to the provisions of Chapter 18.180, Nonconforming Uses.

(d)    The subsequent rezoning to a planned district (P) zone is prohibited within the D district. (Ord. 20-2012 § 3, 10-2-12; Ord. 04-2016 § 13, 3-1-16. 1990 Code § 8-211101.)

18.47.030 Lot standards for the D district, generally.

(a)    Lot area: one acre.

(b)    Street frontage: 200-foot minimum. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211102.)

18.47.040 D district “place-type” zones.

The D district is divided into four “place-type” zones to further refine development requirements within the DCP area:

(a)    Capitol Avenue zone (D-CA): the “main street” and downtown spine, generally defined as the area along either side of Capital Avenue from property line to 50 feet back;

(b)    Edge zone (D-E): larger-scaled redevelopment potential, generally defined as the area along the outside boundary of the D district from property line to 100 feet back;

(c)    Civic center zone (D-CC): the city center and civic heart of Fremont; and

(d)    Mid zone (D-MD): the remaining areas that knit the district together. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211103.)

18.47.050 Permitted, conditionally permitted, and prohibited uses.

(a)    Use Table. Table 18.47.050 sets forth those uses which are permitted, conditionally permitted, or prohibited in each of the D district place-type zones.

(1)    Permitted (P). A use shown with “P” in the table is allowed subject to compliance with all applicable provisions of the D district and of this chapter. New construction, changes to the exterior of buildings, or other site modification shall be in accordance with subsection (d) of this section, Requirements for New Construction.

(2)    Zoning Administrator Permit (Z). A use shown with “Z” in the table requires the approval of a zoning administrator permit, in accordance with the provisions of Chapter 18.275, Zoning Administrator Permits. If there is an existing valid zoning administrator permit for a use, and no new construction or expansion is proposed, then such use may be conducted without requiring another zoning administrator permit.

(3)    Conditional Use Permit (C). A use shown with “C” requires approval of a conditional use permit, in accordance with the provisions of Chapter 18.230, Conditional Use Permits. If there is an existing valid conditional use permit, and no new construction or expansion is proposed, then such use may be conducted without requiring another conditional use permit.

(4)    Prohibited (- -). A use shown with “- -” in the table is prohibited.

(5)    Qualified Prohibition (- -*). When a development project with a permitted use in the Capitol Avenue zone or edge zone continues into the mid zone, the use will be allowed in the mid zone as part of the overall project, even though it would be prohibited if it were a “stand-alone” project.

(6)    Upper floor only (“UFO”) use restriction applies.

(b)    Compliance. It is a violation of this chapter to do any of the following:

(1)    Engage in a prohibited use;

(2)    Engage in a use requiring a permit without first obtaining that permit;

(3)    Engage in a use that is conditional without complying with the imposed conditions.

(c)    Order of Priority. When a parcel runs through more than one place-type zone, its land use shall be determined as follows: D-CA shall take priority over D-MD or D-E; D-E shall take priority over D-MD.

(d)    Requirements for New Construction. All permitted uses that require no new construction or additions or changes to the exterior of the building may be conducted within existing enclosed buildings. All changes to the exterior of a building for either approved or permitted uses, new construction, site improvements, or additions to an existing building shall require a design review permit.

(e)    Change of Nonconforming Residential Use. Any change from an existing nonconforming residential use to a nonresidential use is subject to the design review process in Chapter 18.235.

(f)    Conversion of Nonconforming Structure to Residential Use. The conversion of the use of a nonconforming structure to a residential use requires a conditional use permit. The findings required to approve a conditional use permit under this subsection are:

(1)    That the use of the nonconforming structure for residential purposes is desirable because it will further the goals of the DCP; and

(2)    That the use of the nonconforming structure for residential purposes will not preclude or impede the future ability of the owner of the structure to reconstruct or modify it to achieve conformity with the D district requirements.

Table 18.47.050

Permitted, Conditionally Permitted, and Prohibited Uses in Place-Type Zones 

Use

2012 NAICS2

Zones

Specific Use Requirements/ Notes

D-CA

D-MD

D-E

D-CC

Assembly, Entertainment, Recreation

Banquet hall1

 

--

C

C

--

Sections 18.190.025 and 18.190.140

Club, lodge, meeting hall, or membership organization

 

Z

Z

Z

Z

Sections 18.190.025 and 18.190.050

Exhibition and conference halls1 not associated with full service hotels1

 

--

C

C

P

Section 18.190.025

Fitness and recreational sports centers

713940

P-UFO

Z-1st floor

P

P3

--

Includes yoga and pilates studios.

See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)

Game or computing arcade1, more than five gaming devices

 

Z

Z

Z

--

Section 18.190.180

Assembly uses1 not listed elsewhere including: cultural institutions, libraries, museums, religious facilities, etc.

 

Z

Z

Z

Z

Section 18.190.025

Indoor commercial recreation1 including: billiard hall, bowling alley, gymnasia, indoor tennis, swimming, etc.

 

--

Z

Z

--

Section 18.190.420; Chapter 5.90 applies to swimming facilities

See educational services section for sports and recreation instruction (e.g., dance, martial arts, etc.)

Parks, public

 

P

P

P

P

 

Place of entertainment1, not elsewhere listed in this table

 

Z

Z

Z

--

Chapter 5.45 and Section 18.190.415

Nightclubs1 and dance clubs1

 

Z

Z

Z

--

Chapter 5.45

Theater and performance venues including: concert hall1, dinner theater1, motion picture theater1, or performing arts theater1

 

Z

Z

Z

Z

Chapter 5.45 and Sections 18.190.025 and 18.190.415

Automotive and Transportation

Automotive repair services, major1 or minor1

 

--

--

--

--

 

Automotive parts and accessories stores

441310

--

--

P3

--

 

Auto sales and dealerships, including motorcycles

 

--

--

--

--

 

Car washes1, car detailing, and gasoline service stations1

 

--

--

--

--

 

Electric vehicle, motorcycle and bicycle sales/showrooms

 

P

P

P

--

Section 18.190.027

Parking lots or structures, commercial

 

--

P

P

P

 

Passenger car rental and leasing with no more than four cars stored on an exterior grade level parking area

53211

Z

Z

Z

--

Section 18.190.027

Eating and Drinking

Drinking place1

 

Z

Z

Z

--

 

Eating place without alcoholic beverages1

 

 

 

 

 

 

In general (no restrictions on hours of operation)

 

P

P

P

P

Section 18.190.140

With drive-in or drive-through enterprise1

 

--

--

--

--

 

With housing above

 

Z

Z

Z

--

Section 18.190.140

With sidewalk dining

 

P

P

P

P

When operated in conformance with Sections 18.190.510(d), (e) and (f)

Eating place with alcoholic beverages1

 

 

 

 

 

 

Closed before midnight

 

P

P

P

P

Section 18.190.140

Open after midnight

 

--

Z

Z

Z

Section 18.190.140

With housing above

 

Z

Z

Z

--

Section 18.190.140

With sidewalk dining

 

Z

Z

Z

Z

Section 18.190.510

Educational Services

Colleges, universities and professional schools, junior colleges

6113, 6112

P-UFO

P

P3

--

 

Elementary and secondary schools

611110

--

C

C

--

 

Educational services, not elsewhere listed in this table

61

--

Z

Z

--

 

Other schools and instruction including: dance, exam preparation, gymnastics, judo, language, martial arts, music, photography, and tutoring

6116

 

 

 

 

See assembly, entertainment, and recreation section for yoga and pilates studios

Less than 3,000 square feet

 

P-UFO

Z

Z

--

 

More than 3,000 square feet

 

--

Z

Z

--

 

Technical and trade schools and business schools and computer and management training

6114, 6115

P-UFO

P

P3

--

 

Health Care and Social Assistance

Continuing care retirement communities and assisted living facilities for the elderly

(6233)

--

--

--

--

 

Day care, child1

 

P-UFO

P

P3

--

Section 18.190.400

Day care facility for adults1

 

--

C

C

--

Not including residential care facilities

Health care and social assistance, not elsewhere listed in this table

62

P-UFO

Z

Z

--

 

Medical clinics, convenience1

 

--

A

A

A

 

Nursing care facilities (skilled nursing facilities)

(623110)

--

--

--

--

 

Residential intellectual and developmental disability, mental health, and substance abuse facilities

(6232)

--

--

--

--

 

Office

Co-working space1

 

P3

P3

P3

P3

 

Offices of physicians, dentists, chiropractors2, optometrists2, podiatrists2, mental health practitioners2, physical, occupational and speech therapists and audiologists2, and acupuncturists

6211, 6212, 62131, 62132, 62133, 62134, 621391

P-UFO

P

P

--

 

Offices, other

 

P3

P

P

P

 

Banks and credit unions (without drive-through1)

 

P3

P3

P3

--

 

Residential

Live/work units1

 

--

C

C

--

Section 18.190.290

Multifamily, including units within mixed-use1 buildings

 

P-UFO

P

P

--

 

Special residential care facilities1

 

P-UFO

P

P

--

 

Supportive1 and/or transitional housing1

 

P-UFO

P-UFO

--

--

 

Townhouse1

 

--

P

--

--

 

Retail without Drive-In or Drive-Through Enterprise1

 

Commercial nurseries1

 

--

--

--

--

 

Food and beverage stores

445

 

 

 

 

 

Convenience food stores1 and mini-marts

445120

P3(*)

P3(*)

P3(*)

--

(*) Zoning administrator permit if in a project that includes housing above store

Grocery, supermarket, or specialty food store

445110, 4452

P3(*)

P3(*)

P3(*)

--

(*) Zoning administrator permit if in a project that includes housing above store

Furniture, home furnishings and equipment including: carpeting, tile, lighting, bedding, household appliances, and similar uses

 

P3

P3

P3

--

 

Hardware and home improvement stores

 

 

 

 

 

 

With outdoor storage

 

--

--

--

--

 

No outdoor storage

 

--

P

P

--

 

Health and personal care stores, including pharmacies

4461

P3

P3

P3

--

 

Liquor stores

4453

--

--

Z

--

 

Retail sales, general, including apparel, accessories, automotive parts and accessories, books, consumer electronics, consumer goods, flower and gift shops, office supplies, pet supplies, sporting goods, variety stores, and miscellaneous retail, excluding uses classified as “restricted retail” below

 

P

P

P

P

 

Retail sales, restricted:

 

 

 

 

 

 

Adult-oriented businesses1, not including sexual encounter establishments1

 

--

--

C

--

Section 18.190.010

Firearms dealers1, including firearm sales accessory to sporting goods store

 

--

C

C

--

 

Head shops1

 

--

--

--

--

 

Pawn shops

 

--

--

--

--

 

Retail tobacco stores1

 

--

--

--

--

 

Used merchandise or secondhand sales

 

--

Z

Z

--

Section 18.190.430(b) regarding donation/drop off

Services

Animal care and services

 

 

 

 

 

Section 18.190.590; (*) indoor boarding not allowed within mixed-use buildings or adjacent to residential uses

Boarding and dog day care with outdoor area

 

--

--

--

--

Boarding and dog day care, indoor only

 

--

Z(*)

Z(*)

--

Grooming

 

--

P

P3

--

Veterinary clinics and animal hospitals

 

--

Z(*)

Z(*)

--

Artisan and craft shops, such as taxidermists, carpenters, cabinet makers, art studios

 

P

P

P

--

 

Astrology1

 

--

--

--

--

 

Business support services, including commercial art, computer and data processing, mailboxes and postal services, mailing and reproduction, messenger services, photography, and similar services

5614

P3

P

P3

--

Excludes machinery and equipment rental and commercial cleaning

Consumer product repair and maintenance when accessory to an allowable retail use including: repair and servicing of bicycles, cameras, electronics, jewelry, leather goods, and similar products and services

 

A

A

A

--

 

Employment services

5613

P-UFO

P

P3

--

 

Hotels, full service1, including conference

 

P

P

P

--

 

Hotels, limited service1; motels

 

P

P

P

--

 

Investigative and security services, including locksmiths

5616

P3(*)

P3(*)

P3(*)

--

(*) Excludes corporation yards1 for vehicles associated with these uses

Laundry and dry cleaning services without on-site dry cleaning, including coin-operated laundries, and garment services

 

P

P

P

--

 

Machinery and equipment rental and leasing

 

--

--

--

--

 

Massage establishments1

 

C

C

C

--

Chapter 5.65 and Section 18.190.310

Personal services, general1

 

P3

P

P

--

 

Personal services, other1

 

P-UFO

P-UFO

P-UFO

--

 

Printing, publishing, and photofinishing

3231, 511, 812921, 812922

P3

P3

P3

--

 

Public or quasi-public use1, not including: corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use

 

C

C

C

C(*)

(*) No conditional use permit required for city facilities

Radio and television broadcasting

5151

P-UFO

P

P

--

 

Services to dwellings and buildings, including carpet cleaning, janitorial, landscape, pest control, etc.

5617

P3(*)

P3(*)

P3(*)

--

(*) Excludes corporation yards1 for vehicles associated with these uses

Travel arrangement and reservation services

5615

P

P

P

--

 

Miscellaneous/Other Uses

Any other use that the zoning administrator finds is similar in nature, function, and operation to other:

 

 

 

 

 

 

Conditional uses in the district

 

C

C

C

C

Chapter 18.250

Permitted uses within the district

 

P

P

P

P

Chapter 18.250

Zoning administrator uses in the district

 

Z

Z

Z

Z

Chapter 18.250

Drive-in or drive-through enterprise1

 

--

--

--

--

 

Structured parking facility, public or commercial1

 

C

P

P

P

 

Wireless facilities

 

 

 

 

 

Chapter 18.187

Accessory Uses

Accessory uses and accessory structures customarily appurtenant to the principal use of property

 

A

A

A

A

Chapter 18.153

Electric vehicle charging stations

 

A

A

A

A

 

Home occupation1,4

 

A

A

A

--

Section 18.190.240

Mobile vending vehicle/cart1

 

A

A

A

A

Section 18.190.390

Outdoor sales and service activities that are accessory to a permitted use or are specifically permitted in the district

 

--

--

A

A

 

Small recycling collection facilities1 and reverse vending machines

 

--

A

A

A

Sections 18.190.430(a) and (b). Not permitted in mixed-use buildings

Sidewalk displays1

 

--

--

--

--

 

Supportive services for on-site supportive housing1

 

A

A

A

A

 

1 This term is defined in Chapter 18.25.

2 When this column includes a number, the use is elaborated upon in the North American Industrial Classification System (NAICS) Manual. When the NAICS number is shown within parentheses, the use is excluded and prohibited.

3 A storefront review certificate or discretionary design review permit is required under Section 18.190.525.

4 A home occupation permit is required in accordance with Section 18.190.240.

(Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14; Ord. 16-2015 § 32, 6-2-15; Ord. 24-2015 § 4, 12-15-15; Ord. 04-2016 § 14 (Att. 3), 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 16, 9-13-16; Ord. 27-2016 § 11, 12-6-16; Ord. 09-2017 § 5, 6-6-17; Ord. 23-2018 §§ 7, 10, 10-2-18. 1990 Code § 8-211104.)

18.47.060 Reserved.

Repealed by Ord. 04-2016. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14. 1990 Code § 8-211105.)

18.47.070 Design review permit.

(a)    Purpose. The purpose of a design review permit is to ensure that the dimensions, colors, materials, architectural elevations, design and placement of the physical characteristics of a project are in compliance with the design requirements described in the DCP, as well as the general regulations of this code. The procedures identified in this section shall be used in conjunction with the general requirements and procedures identified in this title, including requirements and procedures for notification, appeals, conditions of approval, modifications, expirations, extensions, revocation and infractions.

(b)    When Required. A design review permit approval, following the procedures and requirements set forth in Chapter 18.235 (Design Review Permits), is required before any building, structure, site development plan or parking facility is submitted for building permit review. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14; Ord. 04-2016 § 16, 3-1-16. 1990 Code § 8-211106.)

18.47.080 D District Site Development Standards.

(a)    New development, redevelopment, expansions and additions shall conform to the regulations set forth in Table 18.47.080. For commercial uses, intensity is measured in terms of floor area ratio (FAR). For residential and mixed uses, density is measured in terms of dwelling units per net acre (du/ac).

(b)    For decreases to the minimum floor area ratios prescribed in Table 18.47.080, the approval authority must make either of the following findings:

(1)    For projects along Capitol Avenue, the retail intent of the downtown community plan is achieved; or

(2)    For projects located other than along Capitol Avenue, it can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum floor area ratio at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent development.

(c)    For decreases in the minimum density prescribed in Table 18.47.080, the approval authority must make the following findings:

(1)    The project is located on a priority private development site, as defined by the downtown community plan in Exhibit 5.5 of Section 5.2, and will serve as a catalyst for the implementation of the plan, with project-specific qualities and characteristics that provide evidence of the project’s potential to draw additional development to the area immediately surrounding the project site, such that an exception to the minimum density requirement will further the goals and objectives of the plan notwithstanding the loss of residential density at the project site;

(2)    The project includes architectural design features that meet or exceed the design standards applicable to the project site as set forth in the downtown community plan.

(d)    For deviations from the building setback, parking and circulation, or street wall frontage requirements prescribed in Table 18.47.080, the approval authority must make a finding that the proposed deviation will not interfere with or obstruct the intended urban and pedestrian-friendly environment created by an activated public realm.

Table 18.47.080

Required Site Development Standards for D District Place-Type Zones 

Required Site Development Standards

D-CA

D-MD

D-E

D-CC

Intensity/Density

 

 

 

 

Commercial: Minimum FAR

0.80

0.80

0.80

0.80

Residential: Minimum du/ac

50

50

50

Not applicable

Building Height

 

 

 

 

Minimum ground floor commercial height, ground floor to 2nd floor

16'

16'

16'

16'

Minimum building height, sidewalk to top of parapet

Feet or stories

22'

22'

No minimum

22'

2

2

2

2

Maximum building height (see Section 18.190.030 for height increases)

8-story

8-story

8-story

12-story city admin. bldgs./

8-story other

Minimum ground-level commercial, depth

60' from Capitol Avenue

30' from street wall frontage

30' from street wall frontage

Not applicable

Building Setbacks

 

 

 

 

Front yard: Minimum

0'

0'

0' – 15' maximum (15' – 45' okay in drop-off areas only)

0'

Side and rear yard: Minimum

0'

0'

0'

0'

Side street (wall): Minimum

0' – 10' maximum

0' – 10' maximum

0' – 15' maximum

0'

See DCP Chapter 4 for further requirements

Street Wall Frontage

 

 

 

 

Principal street: Minimum

75%

50%

75%

75% along Capitol Avenue

Secondary street: Minimum

75%

50%

50%

50%

Parking and Circulation

 

 

 

 

Below-grade parking setback

None

None

None

None

At-grade parking setback

50' minimum from Capitol Avenue; 10' from shared lot line, landscaped and screened

5' minimum from street; 10' minimum side and rear, landscaped and screened

15' minimum front yard; 10' minimum side and rear

No parking along Capitol Avenue; 5' minimum from New Middle Road, landscaped and screened

Parking access lanes/curb cuts or drop-off lanes are not permitted along Capitol Avenue frontage.

Parking only allowed behind buildings.

See DCP Sections 2.3, Parking Plan, and 4.4, Development Guidelines, for additional parking requirements.

Above-grade parking setback

15' minimum from Capitol Avenue; parking only allowed behind buildings

5' minimum from street; landscaped and screened

30' minimum from street wall; no setbacks from side and rear

5' minimum from street, landscaped and screened

(Ord. 20-2012 § 3, 10-2-12; Ord. 9-2013 § 1, 9-10-13; Ord. 20-2014 § 1, 6-3-14; Ord. 04-2016 § 17, 3-1-16; Ord. 27-2016 § 12, 12-6-16; Ord. 23-2018 § 11, 10-2-18. 1990 Code § 8-211107.)

18.47.090 Other required conditions.

The following additional conditions shall apply in the D district:

(a)    All yards which may be required by a design review permit shall be landscaped.

(b)    Other than public or private street lights, exterior lighting shall be diffused or concealed, in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties or streets.

(c)    Mixed-use development2:

(1)    Shall be designed as a complementary mix of residential and commercial uses in conformance with the permitted and conditionally permitted uses allowed by each place-type zone.

(2)    Specific uses are prohibited as set forth in Section 18.177.010(a)(3), regardless of place-type designation.

(3)    The design of mixed-use buildings shall integrate high quality and desirable residential living environments into the prescribed building form that allows for appropriately designed unit access, security, quiet areas, privacy, private open space, and common areas.

(4)    Commercial space shall be designed on the ground floor to meet the minimum ceiling height and floor area depth requirements to allow for a full range of commercial and retail uses. Commercial space design requires an initial design that includes appropriate space needed for ductwork, mechanical equipment, and venting for a range of commercial uses, including restaurants. Location of mechanical equipment, hoods, and ventilation shall be located in a manner than minimizes disturbance to residents.

(d)    Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440.

(e)    Private Open Space. Each unit shall have at least one private open space area contiguous to the individual dwelling unit that allows the occupant of the unit private use of an outdoor space, except that no private open space area shall be required for an individual dwelling unit within the D-CA. Unless otherwise specified through the design review permit, private open space shall be provided as follows:

(1)    Balconies (above ground level): minimum 48 square feet, the least interior dimension of which is six feet; or

(2)    Patios (at ground level): minimum 80 square feet, the least interior dimension of which is eight feet.

(f)    Private Storage. Each dwelling unit shall have an enclosed storage space located within the garage, patio, or deck area, unless an alternative space is approved through the design review permit approval. The storage space shall have an aggregate minimum of 100 cubic feet of storage area. If located within the patio or deck area, it shall not intrude into the minimum required open space.

(g)    Uses in Enclosed Buildings. Uses are to be conducted entirely within an enclosed building unless otherwise identified in the table.

(h)    Transportation Demand Management. New high intensity development shall include measures to promote usage of alternatives to automobile travel and reduce total vehicle trips and vehicle trips during peak hours through site design measures and participation in an established transportation demand association supporting programs for enhanced transit ridership, biking, and walking. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2013 § 2, 9-10-13; Ord. 9-2014 § 9, 3-4-14. 1990 Code § 8-211108.)

18.47.100 Special required parking spaces by type of use.

(a)    The number of off-street parking spaces required for each use in the D district is set forth in Table 18.47.100. In computing the number of off-street parking spaces required, any fractional space shall be rounded down.

(b)    For purposes of Table 18.47.100, “nonexclusive use” required off-street parking spaces means the space can be used for two or more uses, provided each of the following is met:

(1)    The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and are located within the D district.

(2)    If a use requiring parking spaces is in one ownership and all or part of the required parking spaces are provided in another ownership, the property owners involved shall submit an agreement approved by the city attorney as to form and content guaranteeing that the required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with Table 18.47.100.

Table 18.47.100

Required Off-Street Parking Spaces by Land Use 

Parking Requirements by Land Use (“KSF” shall mean 1,000 square feet of gross floor area)

Type of Use

Minimum (Nonexclusive Use)

Minimum (Exclusive Use)

Maximum

Assembly uses

1 per 5 seats

1 per 4 seats

1 per 3 seats

Commercial uses, except D-CA Priority Private Development Sites1 on ground level (nonmedical)

2.25 per KSF

3.3 per KSF

5 per KSF

Commercial uses, D-CA Priority Private Development Sites1 on ground level (nonmedical)

1.5 per KSF

1.75 per KSF

5 per KSF

Medical uses

3.3 per KSF

4 per KSF

5 per KSF

Residential uses

0.75 per dwelling unit

1 per dwelling unit

2 per dwelling unit

1    As defined by the DCP.

(c)    For deviations in required parking prescribed in Table 18.47.100, the approval authority must make a finding that the nature of the use including the projected employment density and/or site visitation warrants an increase or decrease in parking. For any parking reductions, the approval authority must make the findings prescribed in Section 18.250.070(b)(4). For parking increases requested by a property developer, the developer shall demonstrate that other options have been evaluated to reduce on-site parking demand by other methods, including:

(1)    Parking demand management strategies such as parking cash-out for employees and unbundled parking for residents; and

(2)    Vehicle trip reduction strategies, such as subsidized transit passes, car sharing programs, or free employee/visitor shuttle from BART.

In approving an increase in parking, the approval authority may require a contribution to the downtown transportation demand management program to assist in offsetting overall parking and traffic demand within the district. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2013 § 3, 9-10-13; Ord. 04-2016 § 18, 3-1-16. 1990 Code § 8-211109.)

18.47.110 Other downtown parking requirements and parking credits.

(a)    Car share and electric vehicle spaces shall be provided and credited in accordance with Section 18.183.172.

(b)    Electric vehicle charging stations shall be provided for electric vehicle spaces in accordance with Section 18.183.174.

(c)    Tandem and individual mechanical parking spaces may be utilized in accordance with Section 18.183.175.

(d)    Mechanical parking systems may be used in accordance with Section 18.183.176.

(e)    Parking garages shall meet the requirements set forth in Section 18.183.178.

(f)    When bicycle or motorcycle spaces are provided, parking spaces otherwise required pursuant to Table 18.47.100 may be omitted in accordance with the following provisions and subject to the following limitations:

(1)    One parking space may be omitted for each four bicycle parking spaces provided.

(2)    One parking space may be omitted for each two motorcycle parking spaces provided.

(3)    In no instance shall the credit for bicycle or motorcycle parking, or combination thereof, exceed 20 percent of the total required parking spaces. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211110.)

18.47.120 Downtown art program.

(a)    Purpose and Goals. The purpose of this section is to implement Chapter 3.5 of the DCP by establishing a downtown art program. It is the intent of the city to create a program designed to promote the arts in the downtown district. It is intended that artwork will be installed throughout the district and be a source of pride to the residents of the city and the community life. The program will provide art education and experiences which will spur economic development by creating a destination which attracts visitors and encourages walking through the streets of downtown. The program will develop community pride and identity and improve the general welfare and quality of life in the city. The program will promote partnership between business, local government, and private citizens and thereby encourage awareness and enjoyment of art experiences. An increase in the quantity and quality of distinguished works of art will improve and expand the use and value of buildings and facilities and enhance the urban development of the downtown community.

(b)    Downtown Art Fee Requirement.

(1)    Construction Less Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building that is less than 100,000 square feet of gross floor area anywhere in the D district, or the addition of less than 100,000 square feet of gross floor area to an existing building anywhere in the D district, a downtown art fee shall be paid into the city’s downtown public art fund. The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator based on the Consumer Price Index (CPI) in the San Francisco – Oakland – San Jose area.

(2)    Construction Greater Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building of 100,000 square feet of gross floor area or more in the D district, or the addition of 100,000 square feet or more of gross floor area to any existing building in the D district, a downtown art fee shall be paid into the city’s downtown public art fund; provided, however, that the developer, in lieu of paying up to 50 percent of the fee, may choose to pay at least half of the downtown art fee into the downtown public art fund, and expend the remaining amount for on-site artwork. The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator based on the Consumer Price Index (CPI) in the San Francisco – Oakland – San Jose area.

(c)    Timing of Payment of Downtown Art Fee and Installation of On-Site Artwork. The downtown art fee shall be paid prior to the issuance of the first building permit for the project. The fee may be subject to deferral consistent with city fee deferral policies for development impact fees. For projects where the developer has opted to provide in-lieu on-site artwork, the art shall be installed on the property prior to the issuance of the first certificate of occupancy, unless an extension is granted by the community development director in accordance with the process and guidelines described in subsection (e) of this section.

(d)    Downtown Public Art Fund. All fees collected under this section shall be deposited into a segregated fund to be designated the “downtown public art fund.” The fund shall be used for city-owned art or city-sponsored exhibitions located within the boundaries of the D district. The fund shall be used exclusively to prepare sites for works of art, acquire and install works of art, maintain works of art, support the exhibition of art which is publicly accessible, or fund other administrative costs, including city staff time, associated with the downtown art program. The city will oversee the design and installation of the art in the D district pursuant to the city’s art in public places policy.

(e)    Approval of On-Site Artwork. For projects with construction greater than 100,000 gross square feet of floor area, if the developer has opted to place in-lieu artwork on-site, the developer must comply with the process and guidelines promulgated by the community development director for approval, installation and maintenance of on-site artwork. The owner of the real property on which artwork approved under this program is located shall maintain the artwork installed pursuant to this section. The community development director is authorized to approve on-site artwork; notwithstanding, he or she may refer proposed artwork to the art review board and/or city council if he or she believes further input and direction is required.

(f)    Maintenance of On-Site Artwork – Enforcement.

(1)    Following approval and installation of the artwork, the developer shall record a document with the county recorder setting forth a description of the artwork and stating the obligation of the property owner to repair and maintain the artwork. This document and the underlying land shall be in form to run with the land and provide notice to future property owners of the obligation to repair and maintain the artwork.

(2)    At any time the community development director has determined that the artwork has not been maintained in substantial conformance to the manner in which it was originally approved, he or she shall require the current property owner to either:

(A)    Repair or maintain the artwork; or

(B)    Pay the downtown art fee required by subsection (b)(2) of this section, based upon the current fee schedule and the square footage of the building, structure or improvement for which the artwork was required. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211111.)