Chapter 3-20
OFF-STREET PARKING

Sections:

3-20-010    Off-street parking and loading space – Off-street parking lots, areas and garages.

3-20-020    Definitions.

3-20-030    Method of computation.

3-20-040    Minimum off-street parking requirements – General.

3-20-050    Minimum off-street parking requirements – Specific.

3-20-060    Parking lot standards.

3-20-070    Development and maintenance of parking lots.

3-20-080    Parking alternatives.

3-20-090    Repealed.

3-20-010 Off-street parking and loading space – Off-street parking lots, areas and garages.

In all districts, where required, in connection with any agricultural, industrial, commercial, residential, institutional, recreational or any other use, there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed from a nonconforming use in the district in which it is located to a permitted use, off-street parking and loading in accordance with requirements herein and installed in accordance with the standards of the city. For purposes of this section, “building” or “structure” shall include the use of open land for the purposes stated. (Ord. 442 § 21.40)

3-20-020 Definitions.

A. “Access driveway” means that portion of a parking lot providing access other than aisles.

B. “Aisle” means that portion of a parking lot to which a parking stall is contiguous.

C. “Commercial parking” means a private parking lot or garage where parking is the principal use of the property for free or fee.

D. “Municipal parking” means a parking area or lot, including portions of public streets owned by any governmental body or agency.

E. “Off-street loading space” means a parking stall or portion of a parking lot marked and designated for temporary parking for purposes of on- and off-loading.

F. “Off-street parking” means the standing, for a period of time on private property, of any vehicle for purposes of temporary, long- or short-term storage, or on- and off-loading.

G. “Parking lot” means an area of land devoted to off-street parking to include the parking stall aisles, access driveways, and landscape planters and areas which are clearly portions of a parking lot. A parking lot shall not be deemed to include required garages or stalls for residential uses having four or less stalls.

H. “Parking stall” means that portion of a parking lot marked to provide a site for parking of an individual vehicle.

I. “Private parking” means a parking area located on private property, which generally is not available for public use, except with the specific permission of the property owner.

J. “Public parking” means a parking lot located on private property, which generally is advertised, designated or otherwise available for public use without the specific permission of the property owner.

K. Deleted by Ord. 1753.

L. “Vehicle” means as defined by the Vehicle Code of the state of California. For purposes of this section, “vehicle” shall also include bicycle, wagon, cart or similar devices which are normally propelled by humans. (Ord. 1753 § 2, 2005; Ord. 800 § 1, 1972; Ord. 442 § 21.41)

3-20-030 Method of computation.

A. Floor Area Basis. Off-street parking and loading requirements shall be provided as a specified number of parking stalls based upon the floor area of a building or an open land use; provided, however, those uses specified in LPZC 3-20-050 shall be required to provide a specified number of parking stalls based upon the specified use rather than the floor area. Any fraction thereof shall be rounded up to the next full parking space.

B. Multiple Places of Assembly. Where several different places of assembly, such as rooms or halls, are contained within one use or building, the off-street parking requirements, therefore, shall be based on the gross floor area or number of seats, or combination thereof, normally used at any one time in the places of assembly, whichever accommodates the larger number of people.

C. Multiple Uses. Where several uses are contained within a building or on a site, the off-street parking required shall be the total of each of the requirements of all such uses.

D. Unlisted Uses. Uses not involving structures, temporary uses not exceeding one year, private and recreational uses shall provide off-street parking determined by the planning commission on the basis of similarity to listed uses or as may be determined by the planning commission to satisfy the intent of this code. (Ord. 442 § 21.42)

3-20-040 Minimum off-street parking requirements – General.

Off-street parking shall be required as set forth in this section or in LPZC 3-20-050, whichever is greater or more applicable:

A. A District. As set forth in LPZC 3-20-050.

B. E District. As set forth in LPZC 3-20-050.

C. R District. As set forth in LPZC 3-20-050.

D. CN District. On-site parking in this district shall be provided at a ratio of one parking stall per 200 square feet of floor area.

E. NM District. Commercial use development: parking shall be provided at a ratio of one space per 500 square feet of floor area. Residential development: parking shall be provided consistent with LPZC 3-20-050.

F. CB and CO Districts. On-site parking in these districts shall be provided at a ratio of one parking stall per 400 square feet of floor area, except for parcels exceeding one acre in the CB district, the parking requirement shall be one parking stall for each 200 square feet of floor area.

G. I District. One parking stall for each 1,000 square feet of manufacturing and/or warehousing floor area. One parking stall for each 250 square feet of office and/or business area. In addition, for every manufacturing establishment or warehouse which has a gross floor area of 15,000 square feet or more, loading spaces shall be provided in accordance with the following table:

Gross Area Square Footage of Structure(s)

Number of Loading Spaces Required

15,000 or more, but not over 40,000     

1

Over 40,000, but not over 100,000     

2

Over 100,000, but not over 160,000     

3

Over 160,000     

3, plus one for each full 80,000 sq. ft. in excess of 160,000

Such spaces shall be no less than 12 feet wide, 45 feet long, with a 14-foot minimum height clearance.

H. PD District. As set forth in LPZC 3-20-050 or a PD ordinance adopted under Chapter 2-76 LPZC.

I. Combining Zoning Districts, H – Highway, P – Parking, HP – Heritage Preservation, and DR – Design Review Districts. As specified in the zoning district with which combined or in LPZC 3-20-050. Any specialized or unique design or development requirements of the zoning district with which these districts are combined shall apply.

J. CS and CHS Districts. A site developed within this district shall be designed with the capability of providing improved parking at a ratio of one parking stall for each 400 square feet of floor area for the first or ground floor of any building. An additional stall shall be provided for each 800 square feet of floor area above the first floor. Such parking shall be improved in accordance with the provisions of this chapter, except that if a lesser amount of parking is specified in LPZC 3-20-050, only that amount of parking need be improved. Where the off-street parking requirements for a use specified in LPZC 3-20-050 exceed the above-stated requirements and provision of parking is not possible, the use shall be prohibited. Open areas in exclusive use for storage of materials, vehicles, or machinery shall not constitute “floor area” within this district.

K. DSP District. The parking regulations of the downtown specific plan (contained in Chapter 8 of the plan) apply in this zoning district.

L. CP District. On-site parking in this district for office and mixed use developments shall be provided at a ratio of one parking stall per 300 square feet of floor area of the building(s) on subject site. Residential to office conversions shall provide parking at a ratio of one parking stall per 500 square feet of floor area of the building(s) on subject site. All parking shall be located on-site unless determined by staff not to be possible, in which case parking must be provided through long-term lease on a parcel within 600 feet of the subject parcel per LPZC 3-20-080, In lieu provisions. No minimum parking lot area is required in this district. Where an existing single-family structure is used for office use, no more than two of the required on-site parking spaces shall be located within the front yard area of the building. The remainder of the front yard shall be landscaped. (Ord. 1736 § 3, 2004; Ord. 1709 § 9, 2004; Ord. 1583 § 1, 2000; Ord. 1543 § 5, 1999; Ord. 1407, 1993; Ord. 1288, 1988; Ord. 1276, 1988; Ord. 1245, 1987; Ord. 1241, 1987; Ord. 945, 1978; Ord. 442 § 21.43)

3-20-050 Minimum off-street parking requirements – Specific.

The uses listed below are either special uses where zoning district parking requirements shall not be applicable or are uses which shall require parking in excess of that normally required in the district. Unless required parking can be provided, uses so listed shall be prohibited, notwithstanding district regulations or pre-existence of buildings or structures. Where two or more “specific” uses are established on one site, the parking requirement shall be the combined total for each “specific” use. For residential and use-specific parking standards located in the downtown specific plan (DSP) zoning district, the parking regulations of the downtown specific plan (contained in Chapter 8 of the plan) apply.

A. Single-Family Dwellings. Private parking shall be provided as follows:

1. Detached and Couplet. Two stalls per dwelling, which may be located anywhere on the site. For dwellings that are located on private streets, one additional guest parking stall shall be provided for each unit when parking is provided only on one side of the street, and two additional parking stalls shall be provided for each unit if parking has been eliminated from both sides of the street. Tandem parking shall not be utilized to meet these requirements.

2. Townhouse/Condominium. Two stalls for each dwelling unit in the townhouse/condominium development, one of each shall be covered. One additional guest parking stall shall be provided for each four dwelling units. These stalls shall be located to provide reasonable utilization for all of the dwelling units within the project. Tandem parking shall not be utilized to meet these requirements. Stalls shall not be located within any required project street frontage yard.

3. Rural Residential. Six gravel spaces per dwelling unit, which may be located anywhere on the site.

4. For secondary residential units approved under LPZC 3-10-020, one additional space is required for units with 640 square feet or less of floor area, excluding garage, or with a maximum of one bedroom. For units with two or more bedrooms, two parking spaces shall be required. These two spaces may be in tandem with each other, but not with the required primary structure spaces. No more than one space required by the second unit shall be located in the front yard setback, as determined by the underlying zoning district of the primary structure.

B. Multiple-Family Dwellings. Private parking shall be provided as follows:

1. Two-Family. Two stalls per dwelling unit, one of which shall be covered. No more than 400 square feet within the required front yard shall be used for off-street parking.

2. Three-Family. Two stalls for each dwelling unit, one of which shall be covered. Stalls shall not be located within any required street frontage yard.

3. Four or More Family, RG, RH, and RM Districts. One and three-fourths stalls for each dwelling unit. The standard for projects where 80 percent of the units are less than 800 square feet each in size and contain no more than one bedroom shall be one and one-half stalls each dwelling unit. Stalls shall not be located within any required street frontage yard, and where located between the required front building setback line or its projection, stalls shall be covered. Eighty percent shall be covered.

4. Senior Citizen Housing. One and one-fourth stalls for each dwelling unit, notwithstanding the above requirements of this section.

5. Rooming and Boarding. One stall, plus one stall for each two bedrooms offered for rooming and boarding.

6. Mobile Home Parks. Two parking spaces shall be provided for each mobile home, which, shall be located on the mobile home lot. Parking for use in common shall also be provided at a rate of one space for each two lots and shall be located off the lot but within 200 feet of each lot.

C. Schools. Public parking shall be provided as follows:

1. Nursery and Day Care Centers. Two spaces for the first 10 students, plus one space for each additional 10 students or any fraction thereof authorized by the city, except the requirements of LPZC 3-10-330 shall apply to centers of 12 or less children.

2. Grades K – 8. Three spaces for each two classrooms, plus one space for each five seats in the principal assembly room or auditorium. Auditorium parking may be located within any improved play yard or other open space.

3. Grades 9 – 12. One space for each two classroom seats.

D. Places of Assembly. Public parking shall be provided as follows:

1. Places of Public Assembly Having Fixed Seating (Such as Auditoriums, Theaters, Assembly Halls, Sports Arenas, Stadiums). One space for each four seats.

2. Funeral Homes, Mortuaries. One space for each 50 square feet of chapel area.

3. Churches. One space for each five fixed seats in main assembly room, or if without fixed seats, one space for each 50 square feet of gross floor area in main assembly room.

4. Dance, Assembly, and Exhibition Hall without Fixed Seats. One space for each 50 square feet of floor area used for assembly or dancing.

5. Places of Public Assembly Having No Fixed Seats (Such as Dance Halls, Exhibition Halls, Gymnasiums). One space for each 50 square feet of floor area used for public assembly.

E. Public Parks. Public parking shall be provided as follows:

1. Neighborhood Parks. None.

2. Other Parks. As may be determined by the city based on the facilities to be installed.

F. Commercial and Other. Public parking shall be provided as follows:

1. Automobile Service Station. One parking space for each 400 square feet of office, automotive supply storage, and/or vehicle service area.

2. Bowling Alleys. Five spaces for each lane, plus one space for each three seats within appurtenant eating and drinking areas.

3. Car Wash. One parking space for each 400 square feet of office and/or car washing building or covered car washing space.

4. Convenience Market. One parking space for each 200 square feet of gross building floor area. Where a combined automobile service station and convenience market is authorized under the provisions of LPZC 3-10-070, the conditional use permit may reduce the required parking for the convenience market by one-half.

5. Private Swim Clubs. One space for every eight member families.

6. Mini-Storage Facilities. Providing small storage bays for passive storage of consumer goods, with no active storage or use of the facility: three spaces for the rental office/manager’s residence area, plus one space for each 2,000 square feet of floor area in which individual storage bays do not have direct access to vehicle driveway areas. If more than 50 percent of the floor area is in bays which do not have direct access to vehicle driveway areas, the required parking for the entire project shall be one space per 1,000 square feet of floor area.

7. General Hospitals. One space for each two beds.

8. Rest Homes, Convalescent Hospitals, Sanitariums. Two spaces for each seven beds.

9. Medical or Dental Clinics. Five spaces for each doctor or dentist.

10. Hotels, Motels, and Motor Hotels. One space for each living or sleeping unit, plus one space for each 10 such units and one for each three seats within appurtenant eating or drinking places.

11. Food Stores. One stall for each 200 square feet of floor area.

12. Restaurants. One stall for each three seats, except when located within a shopping center, the required parking shall conform to the zoning district requirements. In a shopping center with more than 25 percent of the floor area devoted to existing restaurant uses, one parking space shall be provided for each seat in a new restaurant.

13. Tennis/Racquetball Club. Three stalls per court.

14. Bed and Breakfast Uses. One space for each sleeping unit.

G. Deleted by Ord. 1753.

H. Use-Specific Parking Reductions Permitted. The planning commission may authorize up to a maximum of a 10 percent reduction in the required parking standards for any use or project upon issuance of a conditional use permit where all of the following use- or project-specific circumstances are found to exist:

1. The applicant/proponent has provided adequate information, facts, statistics or other supporting documentation which clearly indicates the parking reduction is consistent with the size, bulk, overall scale, merchandising or employment of the use or activity proposed; or the use or project provides shared parking among a variety of uses where peak parking demands do not coincide.

2. The use or project design creates an integrated whole wherein the parking reduction will not adversely affect other businesses or uses on the same property or within the boundaries of the project.

3. The proposed reduced parking requirement is consistent with other uses of similar intensity established elsewhere in the parking regulations and does not represent a grant of special privilege inconsistent with the intent of the parking regulations to provide adequate and consistent levels of parking for similar uses throughout the city. (Ord. 1753 § 3, 2005; Ord. 1709 § 10, 2004; Ord. 1693 § 2, 2003; Ord. 1589 § 9, 2000; Ord. 1433, 1994; Ord. 1423, 1994; Ord. 1407, 1993; Ord. 1297, 1989; Ord. 1288, 1988; Ord. 1245, 1987; Ord. 1175, 1985; Ord. 800 § 1, 1972; Ord. 442 § 21.44)

3-20-060 Parking lot standards.

Parking lots shall be developed in conformance with accepted design standards and with the following minimum standards:

A. A parking stall shall have a width of not less than nine and one-half feet and depth of not less than 19 feet, except that 30 percent of the stalls may have a depth of not less than 16 feet provided use is limited to compact or sports cars. The paved parking stall length may be decreased by up to two feet by providing an equivalent vehicle overhang into landscaped areas, or over paved walkways. The vehicle overhang into landscaped areas or over walkways shall cause the landscaping or walkway to be widened by an equivalent dimension.

B. Aisle width shall not be less than 13 feet, except for required fire lanes which shall have a minimum width of 20 feet, and shall be increased in width related to the angle of parking in accordance with the following table:

Parking Angle

Aisle Width in Feet

45

13

50

13

60

18

70

20

80

24

90

24

C. Except in the DSP and R districts, no off-street parking lot provided hereunder shall be less than six parking stalls in area.

D. Access. There shall be adequate provision for ingress and egress to all parking area and stalls. Parking in tandem shall be permitted only in R districts for lots of less than six spaces. The backing out from a parking area onto a public street shall be prohibited except in R districts for lots of less than six spaces.

E. Parking garages shall conform to the regulations of the zoning district in which located.

F. Curb breaks for driveway purposes are regulated by the city of Livermore. Curb breaks shall be regulated in number and location in a manner that will, in order of importance:

1. Minimize conflict with movement of traffic.

2. Minimize loss of on-street parking.

3. Provide ease of ingress to the parking lot.

4. Provide ease of egress from the parking lot.

G. Except as indicated herein, where a parking lot does not abut a public street, there shall be provided a service drive or easement of access having a width of not less than 20 feet which shall be unoccupied and unobstructed.

1. In the event more than one drive or easement is provided, width may be reduced to 12 feet.

2. Drives or easements having a length of less than 50 feet may have a width reduced to 12 feet.

3. Driveways or easements providing access to parking areas of less than 10 stalls may have a width reduced to 12 feet.

4. Designated “fire lanes” shall have a minimum 20-foot width with a minimum inside radius of 45 feet and minimum outside radius of 55 feet.

H. Bicycle Access Standards. Except in the case of private parking lots (LPZC 3-20-050(A) and (B)), there shall be provided within any parking lot at least four bicycle stalls or a number equal to 20 percent of the required off-street automobile parking stalls, whichever is greater (for industrial, warehouse, and manufacturing uses, the ratio shall be 10 percent of the required off-street automobile or truck parking stalls), which shall be developed and designated for the parking of bicycles in accordance with the following standards:

1. For each 10 bicycle parking stalls provided, there shall be permitted a reduction of one required automobile parking stall to a maximum of 15 percent of the required automobile parking stalls.

2. Bicycle parking stalls may be integrated into the parking lot or may be separate.

3. Bicycle parking stalls shall normally have a width of three feet and a length of six feet.

4. Bicycle parking stalls shall be located adjacent to bicycle paths and pedestrian walks and shall be located on the site in a manner that will provide parking within 50 feet of the public entrance to each building or use.

I. Any new parking lot, or substantially modified existing parking lot, containing more than one hundred parking stalls will require planning commission approval. (Ord. 1709 § 11, 2004; Ord. 1407, 1993; Ord. 1105, 1982; Ord. 442 § 21.45)

3-20-070 Development and maintenance of parking lots.

Every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the following requirements:

A. Screening. Parking areas for more than five vehicles where adjacent to a residential district shall be screened as follows:

1. When contiguous to an R district along an interior lot line, there shall be constructed on the property line a six-foot-high solid board fence, masonry wall, or screened chainlink fence.

2. When across a street from an R district, the parking lot shall be screened along the street frontage by a three-foot minimum height masonry wall, or by landscaped earth mounds containing plant materials determined by the zoning administrator to provide screening equivalent to that of a three-foot-high wall. Such wall or mounding shall be located within the landscaped planter required by subsection (H)(5) of this section.

B. Surfacing. Parking areas shall be surfaced with an asphaltic or portland cement binder pavement on a suitable base so as to provide a durable and dustless surface and shall be so graded and drained as to properly dispose of all surface water accumulated within the area, except in the R-R district where gravel spaces shall be permitted.

C. Barriers. Barriers or curbs shall be provided where a parking lot abuts any structure or boundary of an adjacent property and as indicated in subsection (G)(2) of this section.

D. Traffic Controls. Traffic controls at ingress and egress points and directional signs shall be provided as may be deemed necessary by the city in the interest of public safety.

E. Striping. All stalls and, when required, aisles, loading zones, pedestrian walks and crossings, visitors’ parking, fire lanes, no parking areas, and driveways shall be striped or otherwise designated to provide for the safe loading, unloading, and parking and storage of vehicles and shall be so installed as to be in accordance with the standards of the city for such improvements.

F. Parking Lot Lighting. Any lighting used to illuminate a parking lot shall be directed and shielded as to not illuminate surrounding properties. Light standards shall be in scale with the project setting; however, in no case shall light standards exceed 18 feet in height measured from top of grade to the highest point of the equipment. In instances where it can be established that additional height is required for health and safety reasons, an additional five feet in height is allowed subject to review and approval by the community development director.

G. Bicycle Stalls. Bicycle stalls shall be improved in accordance with the following requirements:

1. Stalls shall be provided with a device to be approved by the city and capable of supporting a bicycle in an upright position and having a means that will enable a user to lock his bicycle to such a device.

2. Areas containing stalls shall be surfaced in a manner set forth in subsection (B) of this section and shall be protected by curbs, fences, planter areas, bumpers, or similar barriers for the mutual protection of bikes, automobiles and pedestrians, unless deemed by the city to be unnecessary.

H. Installation and Maintenance of Shade Trees and Landscaping. Parking lots shall be improved and permanently maintained by the property owner with installation of shade trees and landscaped areas and planters in accordance with the following standards:

1. Landscaping shall be installed, subject to the approval of the city of Livermore, at the following rate:

Lot Size (Stalls)

Percent of Parking

Lot in Landscaping

6 and less

0%

7 to 15

4%

16 to 30

8%

31 to 70

12%

71 and over

16%

2. Landscaping and shade trees shall be contained in planters, and tree wells bordered by a six-inch high concrete curb or equivalent approved by the city.

3. Unless otherwise specified in this code or under the conditions of an approved permit, parking area landscaped planters and tree wells shall have a minimum width of not less than five feet and shall be protected from automobile overhang where necessary through the provision of barriers, tire stops or additional width. Any vehicle overhang shall require the minimum planter area width to be expanded by an equivalent dimension.

4. Landscaped areas and planters shall be serviced by an irrigation system approved by the city and shall be kept in a weed-free condition.

5. Where a parking lot abuts a public right-of-way or interior property line, there shall be provided a minimum five-foot wide landscaped planter contiguous to and parallel to such right-of-way or property line.

6. Shade trees shall be required at the rate of 16 trees per acre or fraction thereof. Such trees generally shall be of a 15-gallon can size, having a height of between six and eight feet and a one-inch caliper, with a minimum of 20 percent of the trees at a 24-inch box size.

7. Shade trees shall be of a variety approved by the city that will, under ordinary circumstances and growing conditions, provide a high branching, broad-headed form that provides shading for parking. Shade trees shall have a minimum mature canopy of 40 feet upon reaching maturity and, generally, shall be clustered within landscaped areas, except as otherwise may be varied by the conditions of any permit approved by the city.

I. Pedestrian Walkways and Bicycle Paths. So as to assure public safety and convenience within developments and/or parking lots, pedestrian walkways and bicycle paths shall be developed and designated generally in accordance with the following criteria:

1. Improved pedestrian walkways and bicycle paths shall be provided to allow the shortest possible safe routes between the public entrance(s) to any building or use and adjacent public rights-of-way at points where the major pedestrian and bicycle traffic flows are expected, as determined by the city.

2. Improved pedestrian walkways shall be provided as determined by the city to facilitate access between the public entrance(s) to any building or use and areas within a parking lot.

3. Improved pedestrian walkways and bicycle paths shall be provided between the public entrances to any building or use on the same site.

4. Pedestrian walkways and bicycle paths shall be paved and for purposes of providing safety for pedestrians, cyclists, and automobiles shall be distinguished, separated or protected through provision of curbs, fences, planter areas, bumpers, elevation change, or other methods as determined by the city.

5. Pedestrian walkways shall have a minimum unobstructed width of five feet.

6. Bicycle paths shall have a minimum unobstructed width of eight feet.

7. Combined pedestrian walkways and bicycle paths shall have a minimum unobstructed width of 10 feet.

8. Any change in the direction of a bicycle path shall be provided with a curve radius of not less than 15 feet.

9. So as to facilitate safe and convenient access for pedestrians, cyclists, wheel chairs, strollers, and similar wheeled vehicles, curbs and similar changes in elevations shall be provided with a ramp, curb cut, or similar feature for the full width of the walkway or path, which ramp or cut shall have a slope not greater than one foot in 10 feet and shall be free from ramp nosings, bumps, or similar abrupt changes in elevation.

10. Where pedestrian walkways and bicycle paths are to be restricted for the exclusive use of pedestrians or bicycles, such shall be designated by a two-square-foot sign stating the words “Bicycle (or Pedestrians) Only,” to be located at all points of access.

11. In any case where a row of parking is parallel to the side of a building or use through which public entry is provided, pedestrian walkways shall be provided at intervals of not greater than 75 feet.

12. Bicycle paths and pedestrian walkways shall not be required in the case of private parking lots (LPZC 3-20-050(A) and (B)) in industrial, warehouse, and manufacturing uses, when deemed by the city to be unnecessary, and for other developments requiring the provision of less than 10 off-street parking spaces.

13. Automobile drives or aisles shall not be permitted to intersect a bicycle path at intervals of less than 80 feet. (Ord. 1861 § 1, 2009; Ord. 1664 § 1, 2002; Ord. 1407, 1993; Ord. 945, 1978; Ord. 442 § 21.46)

3-20-080 Parking alternatives.

If a property owner is unable to provide the required parking on-site, the owner may satisfy the parking requirements by one or more alternatives in this section.

A. Off-Site. The owner may provide the required parking on other property within 600 feet of the site proposed for development. The owner shall provide a recorded parking agreement reflecting the arrangement with the other site. The form of agreement must first be approved by the city.

B. Part-Time Parking. When determined by the planning commission, any requirements for off-street parking for a church or similar type use which, by nature, generates a part-time parking demand may be decreased by not more than one-half of the required parking area when it can be shown that other off-street parking areas equal to the amount of the decrease will be available when needed within 600 feet of the site. However, such exception shall not apply to any use presently in part-time operation which can reasonably be expected at some future date to operate on a full-time basis, or to any use which, in the opinion of the planning commission, generates a large traffic or parking demand.

C. In Lieu Fee. The owner of any property upon which a development project is proposed may pay an in lieu parking fee if the city approves it as part of the site plan review. A request to pay the in lieu fee for more than 15 parking spaces must be approved by the city council. The approving body must make the following findings for any proposed in lieu fee:

1. There is available or planned public parking capacity to offset this demand; and

2. The public parking will be made available within a reasonable time period of approval of this project.

a. Downtown. In the downtown specific plan district, parking may be provided by the payment of an in lieu fee where permitted by the provisions of Chapter 8 of the downtown specific plan. The amount of the in lieu fee is established by city council resolution. The city shall establish a separate fund for the collection of in lieu fees and shall use the collected fees only to provide new or improved parking spaces in the downtown specific plan district.

b. Other Areas. In any area other than the downtown specific plan district, the fee option is available only if an existing or planned parking facility exists within 600 feet of the site. The fee is the current value of land and parking construction costs per space needed, as determined by city staff.

3. Parking in lieu fees shall be collected at the issuance of the first building permit. The city council may, by resolution, adopt administrative guidelines to provide a special fee deferral program in response to unprecedented conditions such as extraordinary economic changes.

D. Downtown Parking. Parking requirements in the downtown specific plan district (DSP) are governed by Chapter 9 of the downtown specific plan. If the downtown specific plan is silent about a particular regulation, then the regulations in this chapter apply.

In addition to the alternatives in subsections (A) through (C) of this section, the following exception applies to preexisting commercial structures in the DSP district. The property owner of a commercial structure in the downtown core (as defined in the downtown specific plan) which existed before March 2005, may demolish and replace it, or substantially alter or remodel it, and is excused from providing parking spaces for the first 1,200 square feet or 15 percent of the total ground floor area of the previous structure, whichever is less. To qualify, the owner shall apply for site plan approval under Chapter 4-10 LPZC. The approving body must make all of the following findings to approve the exemption:

1. The increase in floor area does not exceed 10,000 square feet;

2. Any existing parking removed as part of the project is replaced, either on-site, off-site, or through payment of an in lieu fee; and

3. All parking provided for the project, either on- or off-site remains open for nonexclusive use by the general public at all times. (Ord. 1880 § 1, 2009; Ord. 1853 § 1, 2008; Ord. 1761 § 1, 2005; Ord. 1245, 1987; Ord. 442 § 21.47)

3-20-090 Exceptions.

Repealed by Ord. 1761. (Ord. 442 § 21.48)