CHAPTER 3
OFF STREET PARKING

(Amended by O-993; O-1019; O-1302; O-1484; O-1522; O-1579; O-1609; entire Chapter revised and relocated from Section 151 of Appendix 1 by O-1699; Amended by O-1707; O-1754; O-1763; O-1777; O-1790; O-1810; O-1816; O-1962)

ARTICLE 1 - GENERAL

93.1.1 OFF STREET PARKING REQUIRED.

(Amended by O-1669; O-1754)

Except as provided in Section 93.1.2. no building or structure shall be erected, substantially improved, or changed in use unless off street parking therefor has been provided as set forth in this Chapter.

93.1.2 DOWNTOWN TORRANCE AND MEADOW PARK REDEVELOPMENT PROJECT AREA EXEMPTED.

(Amended by O-1669; O-1754; O-1816)

a)    The provisions of this Chapter shall not apply to any building or structure which existed in downtown Torrance on October 30, 1958, unless:

1)    Such building or structure is to be used for public assemblies; or

2)    Such building or structure is substantially improved or altered after March 1, 1967; or

3)    A variance from or other exception to the provisions of this Code requiring off street parking has been granted for the lot or parcel of land on which such building or structure is situated; or

4)    Such change in use is from residential to any other use or is from single family residential to two (2) family residential to any other residential use.

b)    For the purpose of this Section, downtown Torrance is defined as the area within the following described boundaries:

Commencing at the intersection of Cota Avenue and the first alley north of Torrance Boulevard, easterly along said alley to the alley between Cravens Avenue and Sartori Avenue, then south to Torrance Boulevard, easterly along Torrance Boulevard to Border Avenue, south along Border Avenue to the first alley south of Carson Street, westerly along said alley to Gramercy Avenue, north and east along Gramercy Avenue to the first alley southwest to Cravens Avenue, northwesterly along said alley to Portola Avenue to Torrance Boulevard, west on Torrance Boulevard to Cota Avenue, north on Cota Avenue to the point of beginning.

c)    The provisions of this Chapter shall not apply to any building or structure on City-owned properties in the Meadow Park Redevelopment Project Area. Provided, however, that this exemption shall expire when the existing buildings or structures are demolished.

93.1.3 SUBSTANTIAL IMPROVEMENT.

(Amended by O-1754)

a)    A building or structure, other than one used for residential purposes, shall be deemed to have been substantially improved if the aggregate value of the structural additions and alterations thereto is thirty (30) percent or more of the replacement value of such building or structure based on Table 3-A of Section 303 of the Building Code of the City.

b)    A building used for residential purposes shall be deemed to have been substantially improved if the aggregate value of the structural additions and alterations thereto is fifty (50) percent or more of the replacement value of such building or structure, based on Table 3-A of Section 303 of the Building Code of the City.

93.1.4 GARAGE SPACE REQUIREMENTS.

Notwithstanding the provisions of Section 93.1.3. of this Article, there shall be no alteration or addition to existing residential structures in relation to which no provisions have been made for garage space, unless one (1) such space for each unit is constructed as provided under the provisions of Section 93.5.2. of this Chapter.

93.1.5 MODIFIED GROSS FLOOR AREA - LIMITATION.

(Amended by O-3207)

a)    Modified gross floor area shall be calculated by measuring the total floor area from within the exterior surface of the walls of the building. The following areas on each floor shall not be included in that calculation and shall not be charged for parking:

1)    Stairs

2)    Toilets

3)    Elevator shafts

4)    Plumbing shafts

5)    Air shafts

6)    Mechanical equipment rooms which are used solely for the maintenance of the building.

b)    In any building for which a building permit had been issued on or before January 1, 1988, the following named uses may utilize the modified gross floor area method of calculating the number of off-street parking spaces to be required for those uses, or any continuance, extension or renewal of those uses:

1)    Banks, savings and loan and credit unions

2)    Bowling alleys

3)    Business and professional offices

4)    Food and beverage establishments

5)    Furniture and major appliance stores

6)    Medical/dental clinics, medical professional offices

7)    Mortuary

8)    Retail and service commercial uses

9)    Retail food markets

10)    Warehouse and storage buildings

11)    Pool and billiard halls

12)    Health clubs

13)    Required off-street loading spaces

c)    Notwithstanding the provisions of subsection (b) of this Section, in the event any such building is destroyed or demolished or is extended, enlarged or remodeled so that the aggregate value of the structural additions and alterations or repairs thereto shall amount to thirty percent (30%) or more of the replacement value of such building or structure based on the Building Permit Fee

Table of the Building Code of the City, the parking requirements shall not be calculated by using the modified gross floor area method.

93.1.6 MAINTENANCE.

The owner of property used for parking shall maintain such area in good condition without holes and free of all weeds, dust, trash and other debris.

93.1.7 TEMPORARY PARKING LOT EVENTS.

(Amended by O-3360; O-3485)

a)    No person will use any existing parking lot for a temporary parking lot sales event or a temporary parking lot special event, as defined in Sections 91.2.165 and 91.2.166 respectively, without first obtaining the prior approval of a Temporary Parking Lot Event Permit issued from the Planning Director.

b)    An application for a Temporary Parking Lot Event Permit must be filed with the Planning Department and will include the following:

1)    A completed application form signed by the applicant and the property owner acknowledging and agreeing to all applicable conditions; and

2)    A dimensioned plot plan of the proposed location. The plot plan must indicate the following information:

A)    The existing on-site parking and circulation layout, and the total number of available on-site parking spaces;

B)    The total number and location of the parking spaces to be used for the proposed event;

F)    The location and dimensions of all Christmas tree sales and storage areas, public activity areas, fenced areas, and distances between tree displays, parking areas and temporary structures as required by the Fire Department;

G)    The location of existing buildings and any temporary tents; trailers, electrical or mechanical equipment, trash receptacles, and signs;

H)    The location of required safety devices such as portable fire extinguishers, no smoking signs, and emergency exits; and,

I)    Any other information found by the Planning Director to be necessary for the review of the application.

c)    A Temporary Parking Lot Event Permit must be obtained for each individual event. The Temporary Parking Lot Event Permit will be issued if in the judgement of the Planning Director the subject event will conform to the following criteria:

1)    The location of the proposed event is within an existing parking lot area and is being held by a permanent on-site business;

2)    The proposed event will not disrupt circulation of traffic within the parking lot or within the vicinity as determined by consideration of the following factors in relation to the location of the proposed parking lot event:

A)    The location and design of on-site driveways;

B)    On-site parking and circulation, including pedestrian movements; and

C)    On-site lighting and traffic signage.

3)    The proposed event will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity;

4)    The proposed event will not cover more than ten (10) percent of the required parking spaces;

5)    The proposed event will not cause a shortage of parking for or restrict access to the existing uses;

6)    The business establishment proposing the event has not exceeded the maximum allowable number of four events per business establishment per calendar year;

7)    There are no other events, as defined in Sections 91.2.165 and 91.2.166, occurring on the same parking lot and during the same time period; and

8)    All temporary structures, equipment and debris will be removed and the parking lot area will be cleaned and restored to its original condition within one calendar day immediately following the last effective date of the approval for the event.

d)    The operation of a pumpkin or a Christmas tree sales lot will be required to conform with the requirements of Subsections c) and d) 2 through d) 5 of Section 92.2.9 regulating pumpkin and Christmas tree sales on vacant property.

e)    The Planning Director may impose additional conditions to the approval of the Temporary Parking Lot Event Permit to insure the preservation of the public peace, safety, health, and general welfare.

f)    Any violations of this Section, other applicable Sections of the Torrance Municipal Code, and/or conditions of approval may result in enforcement actions, immediate suspension of the issued Seasonal Sales Permit and the denial of an application for such future sales permits by the operator and/or the property owner.

g)    The Planning Director may charge a fee for such approvals as provided in City Council Resolution 94-91 as adjusted by resolution from time to time, but may waive such fee for good cause, as provided in Section 31.6.2 of this Code.

h)    The decision of the Planning Director will be appealable to the Planning Commission in the same manner as provided in Section 92.30.11, and to the City Council pursuant to the provisions contained in Article 5 of Chapter 1 of Division 1

93.1.8 MOBILE FOOD VENDORS ON PUBLIC OR PRIVATE PROPERTY.

(Added by O-3756; Amended by O-3772)

a)    Definitions.

1)    “Mobile food vendor” means any person or entity operating a vehicle, trailer, car, wagon, bicycle, conveyance or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverage.

2)    “Mobile food vendor event” means a gathering of one (1) or more mobile food vendors.

3)    “Food caterer” means a person or entity that prepares food at a kitchen facility approved by the County of Los Angeles Department of Public Health that is pre-ordered and served at a private event which is not open to the general public.

b)    Mobile food vendors operating on public or private property will be required to obtain a temporary parking lot event permit as required by Section 93.1.7 as well as be required to comply with the mobile food vending event requirements found in subsection (c) of this Section and the general operating requirements found in subsection (d) of this Section.

1)    Exemptions from Temporary Parking Lot Event Permit Requirement.

A)    Mobile food vendor events on Torrance Unified School District property are exempt from obtaining a temporary parking lot event permit. But, the mobile food vendors attending a mobile food vendor event on Torrance Unified School District property are still required to obtain all of the following:

i)    Valid approvals from the County of Los Angeles Department of Public Health including but not limited to a food handling permit or other health permit required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and must also display the letter grade issued by the County of Los Angeles Department of Public Health (a mobile food vendor will post the most recent vehicle inspection report from the County of Los Angeles Department of Public Health in lieu of the letter grade if the city where the mobile food vendor’s commissary is located has not adopted the Los Angeles County Code regarding the posting of letter grades);

ii)    A City business license issued to the vehicle (tracked by the vehicle identification number) of that mobile food vendor that includes a vehicle inspection by the Police Department; and

iii)    Proof of current registration and insurance for each mobile food vendor vehicle operating in the City.

B)    Temporary parking lot event permits also do not apply to:

i)    Food caterers delivering food to private events;

ii)    Ice cream trucks as defined in California Vehicle Code Section 22456(c);

iii)    Mobile food vendors that operate on nonresidential construction and/or industrial sites for less than twenty (20) minutes; or

iv)    Any event that has received a special event permit.

2)    Mobile food vendor events that are held on the City-owned parking lot that is located west of the Los Angeles County Courthouse parking lot, south of the Police Department’s east parking lot, and east of the Police Department’s main compound (the “Toyota Sports Complex Mobile Food Vendor Event Lot”) must comply with the mobile food vending event requirements found in subsection (c) of this Section and the general operating requirements found in subsection (d) of this Section subject to the following exemptions:

A)    Subsection (c)(6) of this Section is modified to allow five (5) mobile food vendors per mobile food vendor event in the Toyota Sports Complex Mobile Food Vendor Event Lot.

B)    Subsection (c)(13) of this Section is modified to allow for portable restroom facilities for customers of the mobile food vendor event in the Toyota Sports Complex Mobile Food Vendor Event Lot.

c)    Mobile Food Vending Requirements.

1)    A mobile food vendor, with the exception of Torrance Unified School District property, shall be subject to temporary parking lot event permit if a mobile food vendor or vendors will be operating on site for a period exceeding twenty (20) minutes.

2)    A mobile food vendor and mobile food vendor events are not permitted on properties used or zoned for residential purposes.

3)    Authorization from the property owner (or authorized agent) of the site/location on which the event is taking place on shall be required.

4)    Mobile food vendor events shall be located a minimum of one hundred (100) feet from property zoned or used for residential purposes as measured from the event perimeter to residential property line.

5)    Mobile food vendor events shall be limited to no more than twenty-six (26) days per calendar year per site or location as determined by the Community Development Director or his/her designee.

6)    No more than ten percent (10%) of the total number of parking spaces provided on the site/location shall be displaced by mobile food vendor event and no more than ten (10) vendors per mobile food vendor event. A mobile food vendor event that displaces more than ten percent (10%) of the total parking may be approved on a case-by-case basis with Fire Department and Police Department concurrence based upon circulation, public health, safety and welfare.

7)    A detailed and dimensioned site plan of the mobile food vendor event layout shall be provided with the temporary parking lot event permit application. The plan of the mobile food vendor event layout shall include the location of each mobile food vendor, adequate space for customer queues and safe pedestrian movement without interfering with circulation outside of the designated mobile food vendor event area, and location of all other activities or temporary structures associated with the mobile food vendor event.

8)    Temporary parking lot event permit application shall include a list of each mobile food vendor participating, their active business license identification number, and vehicle identification number for each mobile food vendor vehicle that will be present.

9)    Mobile food vendor event hours of operation shall be between 9:00 a.m. to 10:00 p.m. daily.

10)    All mobile food vendor vehicles shall remain parked and stationary during the mobile food vendor event. There shall be no mobile food vendor vehicle movement during the mobile food vendor event.

11)    On- and off-site vehicular and pedestrian circulation shall be maintained at all times during the mobile food vendor event.

12)    Handicap parking spaces and accessibility shall be maintained at all times during the mobile food vendor event.

13)    The applicant shall demonstrate that there will be sufficient access to on-site restroom facilities provided for customers of the mobile food vendor event. Portable restroom facilities are not permitted.

14)    Temporary tables and seating for patrons may be permitted within the mobile food vendor event area as part of the approved temporary parking lot event permit application and plan.

d)    General Operating Requirements.

1)    Vending shall be from vehicle duly registered and licensed by the State of California Department of Motor Vehicles.

2)    Each mobile food vendor shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.

3)    Each mobile food vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter or other refuse of any kind which were a part of the goods or merchandise supplied from the mobile food vendor vehicle and which have been left or abandoned within twenty-five (25) feet of the mobile food vendor vehicle on any public property other than in a trash receptacle provided for such purposes. No mobile food vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such mobile food vendor.

4)    Each mobile food vendor causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and shall also display the letter grade issued by the County of Los Angeles Department of Public Health (a mobile food vendor will post the most recent vehicle inspection report from the County of Los Angeles Department of Public Health in lieu of the letter grade if the city where the mobile food vendor’s commissary is located has not adopted the Los Angeles County Code regarding the posting of letter grades).

5)    Each mobile food vendor shall have obtained valid approvals from the County of Los Angeles Public Health Department, and a City of Torrance business license which includes review of proper registration, proof of insurance and a vehicle safety inspection by the Police Department prior to operation.

6)    Each mobile food vendor and mobile food vendor event shall be subject to the Torrance Municipal Code noise ordinance.

e)    The issuance of a permit, certification, or approval under the provisions of this Section or Section 93.1.7 shall not constitute a waiver of any other requirement contained in the Torrance Municipal Code or any other law, ordinance or regulation, and all such requirements shall be complied with in addition to the obtaining of a permit, certification, or approval under the provisions of this Section.

f)    The issuance of a permit, certification, or approval under the provisions of this Section or Section 93.1.7 shall not constitute an approval of any violation of any provision of this Section, or any law, ordinance or regulation, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto.

g)    Violations.

1)    Any person who violates any provision of this Section is guilty of a misdemeanor.

2)    Any violations of this Section, other applicable Sections of the Torrance Municipal Code, and/or conditions of approval may result in civil, criminal and/or administrative enforcement actions, immediate suspension of temporary parking lot event permit and denial of an application for future temporary parking lot event permits by the mobile food vendor and/or the property owner.

ARTICLE 2 - USE AND PARKING SPACES REQUIRED

(Amended by O-1669)

93.2.1 SINGLE FAMILY RESIDENCE.

(Amended by O-1962; O-3356)

a)    For each lot or parcel of land used for a single-family residence there shall be provided a private garage located on the same lot or parcel of land with a storage capacity of not less than two (2) cars.

b)    For flag lot subdivisions located in the R-1 zone, the following off-street parking shall be provided:

1)    Not less than one (1) off-street, guest parking space shall be provided on each interior flag lot.

2)    Garage doors shall face the required access easement, and shall be set back not less than twenty (20) feet from the inside edge of the access easement to provide for the parking of two (2) vehicles.

3)    In cases where a lot size prohibits parking two (2) vehicles in front of garage doors, there shall be provided two (2) open parking spaces elsewhere on the lot; however, in no case shall this parking be provided in the required front yard setback.

93.2.2 TWO FAMILY DWELLING.

(Amended by O-2338; O-3185; O-3243; O-3245; O-3251)

Except as provided in Article 44, Chapter 1 of this Division, or Section 95.3.28, there shall be provided on every lot or parcel of land used for two family (duplex) dwellings, private garage space with a storage capacity of not less than four (4) cars.

93.2.3 MULTIPLE-FAMILY RESIDENCE.

(Amended by O-1302; O-1937; O-1938; O-2307; O-3191; O-3217; O-3319; O-3365; O-3556)

a)    For each lot or parcel of land used for multiple-family residential purposes, there shall be provided off-street parking spaces on the same lot or parcel of land as the dwelling units in the following amounts:

1)    For those dwelling units providing two (2) bedrooms or less: Two (2) parking spaces per dwelling unit;

2)    For those dwelling units providing three (3) or more bedrooms: Three (3) parking spaces per dwelling unit. Two (2) of the three (3) spaces may be in tandem arrangement (one (1) space behind another).

b)    The number of bedrooms shall be determined by taking the total number of rooms provided within the dwelling unit and excluding therefrom one (1) living room, one (1) dining room, one (1) kitchen, all bathrooms and closets. All other remaining rooms shall be counted as bedrooms.

c)    There shall be provided private, enclosed garages for not less than one and one-half (1-1/2) cars per dwelling unit.

d)    Each private, enclosed garage shall be equipped with a garage door operated by an automatic garage door opener, and in the event the garage door faces an alley, shall be of the roll-up type.

e)    There shall be provided not less than one (1) additional, uncovered visitor parking space for each five (5) dwelling units or portion thereof.

f)    In no case shall open area parking be permitted in any required front yard or side street yard or yards between the street line of the lot and the lines of the main building which building lines extend from one lot line to the other.

g)    For senior citizen housing, there shall be provided one (1) parking space per dwelling unit plus no less than one (1) additional visitor parking space for each five (5) dwelling units.

93.2.4 BANKS, SAVINGS AND LOAN AND CREDIT UNIONS.

(Amended by O-3001; O-3207)

For each lot or parcel of land used for a bank, there shall be provided one (1) parking space for each one hundred seventy-five (175) square feet of floor area on lobby floor. Office area not on lobby floor shall be treated in the same manner as business and professional offices.

93.2.5 BOWLING ALLEY.

(Amended by O-3207)

For each lot or parcel of land used for a bowling alley, there shall be provided five (5) parking spaces for each lane, plus one (1) space for each one hundred (100) square feet of floor area used for consumption of food or beverages or other recreational area.

93.2.6 BUSINESS AND PROFESSIONAL OFFICES

(Amended by O-3001; O-3207)

For each lot or parcel of land used for business and professional offices, there shall be provided one (1) parking space for each three hundred (300) square feet of floor area for each office in which no activity is carried on catering to retail trade with the public and no stock of goods. Such business shall include but not be limited to offices for attorneys, architects, accountants, managers and administrators.

93.2.7 CHURCH.

For each lot or parcel of land used for a church, there shall be one (1) parking space for each five (5) fixed seats or one (1) parking space for each thirty-five (35) square feet of assembly areas not containing fixed seats, whichever is the greater. This is to apply only to the maximum area to be used at any one time.

93.2.8 COLLEGE.

For each lot or parcel of land used for a college, the number of spaces shall be determined by the Planning Commission on the basis of the number of students and the dormitory, athletic and entertainment facilities.

93.2.9 DANCE HALLS.

For each lot or parcel of land used for a dance hall, there shall be provided one (1) parking space for each thirty-five (35) square feet of dance floor area, plus one (1) parking space for each five (5) fixed seats or for each thirty-five (35) square feet of seating area where there are no fixed seats.

93.2.10 ELEMENTARY SCHOOLS.

For each lot or parcel of land used for elementary school purposes, there shall be provided two (2) spaces for each classroom.

93.2.11 FOOD AND BEVERAGE ESTABLISHMENT.

(Amended by O-3202; O-3207; O-3225)

For each restaurant, cafe and eating establishment serving food for public consumption including drive-in and walk-up restaurants and all establishments for the on-premises consumption of beverages, there shall be provided not less than one (1) parking space for each one hundred (100) square feet of floor area; provided, however, that in considering an application for conditional use permit, the Planning Commission, or City Council on appeal, may permit a lesser number of parking spaces, but in no event less than one (1) parking space for each two hundred (200) square feet of floor area upon consideration of the following factors:

a)    The food sold or furnished is packaged for takeout only and no provision is made on the premises for eating or for food consumption by the public;

b)    The food product is intended for consumption elsewhere, and is not likely to result in the congregation of people or vehicles at the location.

93.2.12 FURNITURE AND MAJOR APPLIANCE STORE.

(Amended by O-3001; O-3207)

For each lot or parcel of land used for a furniture and major appliance store, there shall be provided one (1) parking space for each two hundred (200) square feet of floor area.

93.2.13 HIGH SCHOOL.

For each lot or parcel of land used for a high school, there shall be provided seven (7) spaces for each classroom.

93.2.14 HOSPITAL.

(Amended by O-2565)

a)    For each lot or parcel of land used for a hospital, except psychiatric hospital, there shall be provided one (1) parking space for each bed.

b)    For each lot or parcel of land used for a psychiatric hospital, there shall be provided one (1) parking space for each two (2) beds.

93.2.15 HOTEL.

(Amended by O-2436; O-3179)

For every lot or parcel of land developed for a hotel, the number of parking spaces required shall be determined by the approval authority based upon staff recommendation computed on a site-by-site basis from the following base criteria:

a)    That the maximum base criteria factors shall be 1.25 parking spaces per room, plus an additional 10 parking spaces for each 1,000 square feet of ancillary service areas;

b)    That the approval authority may factor down the base criteria depending on the size of the project, the range of services offered, and the location.

93.2.16 JUNIOR HIGH SCHOOL.

For each lot or parcel of land used for a junior high school, there shall be provided two (2) spaces for each classroom.

93.2.17 LIBRARY.

For each lot or parcel of land used for a library, there shall be provided one (1) parking space for each five (5) seats.

93.2.18 MANUFACTURING USES AND PROCESSING PLANTS.

For each lot or parcel of land used for manufacturing uses and processing plants, including but not limited to testing labs, ceramics, bottling, bakeries, canneries, printing and engraving shops, there shall be provided one (1) parking space for each two (2) employees during the shift of maximum employment or one (1) space for each four hundred (400) square feet of open or enclosed area devoted to the compounding, manufacturing or processing of any goods or articles, whichever is greater, plus one (1) stall for each vehicle used in conjunction with the use.

93.2.19 MEDICAL/DENTAL CLINICS; MEDICAL PROFESSIONAL OFFICES.

(Amended by O-3207)

For each lot or parcel of land used for medical and dental clinics and medical professional offices, there shall be provided one (1) parking space for each two hundred (200) square feet of floor area.

93.2.20 MOTEL.

(Amended by O-2436; O-3179)

For every lot or parcel of land developed for a motel, the number of parking spaces required shall be determined by the approval authority based upon staff recommendation computed on a site-by-site basis from the following base criteria:

a)    That the maximum base criteria factors shall be 1.25 parking spaces per room, plus an additional 10 parking spaces for each 1,000 square feet of ancillary service areas;

b)    That the approval authority may factor down the base criteria depending on the size of the project, the range of services offered, and the location.

93.2.21 MORTUARY.

(Amended by O-3207)

For each lot or parcel of land used for a mortuary, there shall be provided one (1) parking space for each three (3) seats within the chapel or one (1) parking space for each twenty-one (21) square feet of floor area not containing fixed seats within the chapel plus one (1) parking space for each four hundred (400) square feet of floor area within the building outside the chapel.

93.2.22 MUSEUM.

For each lot or parcel of land to be used for a museum, the number of spaces required shall be determined by the Planning Commission on the basis of the type of museum and audience intended.

93.2.23 USES NOT OTHERWISE PROVIDED FOR.

(Amended by O-1754)

For any use where the number of parking spaces has not otherwise been designated by the provisions of this Article, one (1) square foot of parking space shall be provided for each square foot of building space.

93.2.24 RECREATION FACILITIES.

For each lot or parcel of land to be used for recreational facilities, the number of spaces required shall be determined by the Planning Commission on the basis of type of facility, intended occupancy, number of spectator seats.

93.2.25 RETAIL AND SERVICE COMMERCIAL USES.

(Amended by O-3207)

For each lot or parcel of land used for retail or service commercial uses, there shall be provided, except as otherwise specified, one (1) parking space for each two hundred (200) square feet of floor area.

93.2.26 RETAIL FOOD MARKET.

(Amended by O-3207)

For each lot or parcel of land used for a retail food market, there shall be provided one (1) parking space for each one hundred and fifty (150) square feet of floor area.

93.2.27 ROOMING HOUSES AND CLUBS HAVING SLEEPING ROOMS.

For each lot or parcel of land used for rooming houses, lodging houses and clubs or fraternities having sleeping rooms, there shall be provided two (2) spaces plus one (1) space for each guest room or one (1) parking space for each one hundred and fifty (150) square feet of sleeping area, whichever is greater. Such space shall be within a garage.

93.2.28 SANITARIUMS AND HOMES.

(Amended by O-1944)

For each lot or parcel of land used for sanitariums, children’s homes, homes for the aged, rest homes, asylums, convalescent homes, and convalescent hospitals there shall be provided one (1) parking space for each three (3) beds.

93.2.29 STADIUMS AND PLACES OF PUBLIC ASSEMBLY.

For each lot or parcel of land used for stadiums, sports arenas, auditoriums and other places of public assembly, clubs, fraternal organizations, union hiring halls and lodges, there shall be provided one (1) space for every five(5) seats or one (1) space for every thirty-five (35) square feet of floor area where there are no fixed seats, whichever is the greater. High school stadiums and assembly areas are excepted from these provisions.

93.2.30 THEATRE.

For each lot or parcel of land used for a theatre, there shall be provided one (1) parking space for each three (3) seats.

93.2.31 TRAILER COURT.

For each lot or parcel of land used for a trailer court, there shall be provided on such lot or parcel of land two (2) parking spaces per individual trailer site.

93.2.32 TRANSPORTATION TERMINAL FACILITY.

For each lot or parcel of land used for transportation terminal facilities, the number of spaces to be determined by the Planning Commission on the basis of type of transportation, material to be hauled, location and number of employees.

93.2.33 WAREHOUSE AND STORAGE BUILDING.

(Amended by O-3207)

For each lot or parcel of land used for a warehouse and storage building, there shall be provided one (1) space for each fifteen hundred (1500) square feet of floor area, plus one (1) space for each two hundred and fifty (250) square feet of office area.

93.2.34 CHILD DAY CARE CENTERS AND KINDERGARTENS.

(Added by O-1707; Amended by O-3453)

For each lot or parcel of land used for child day care centers or kindergarten purposes, there will be provided one (1) parking space per teacher and/or employee, plus one (1) parking space for each fifteen (15) pupils or fraction thereof.

a)    Passenger Loading/Unloading for Child Day Care Centers. An off-street area which minimizes interference with traffic and promotes safety of the children must be provided for drop-off and pick-up.

93.2.35 BEAUTY COLLEGES.

(Added by O-1763)

For each lot or parcel of land used for a beauty college, there shall be provided one and one-quarter (1-1/4) spaces for each student plus one (1) space for every two (2) instructors and/or employees.

93.2.36 AUTOMOBILE DEALERSHIPS.

(Added by O-1777)

For each lot or parcel of land used for the display and sale of automobiles, there shall be provided one (1) parking space for each two thousand (2,000) square feet of lot and building area used for the display or storage of automobiles exclusive of aisles and turning areas, plus one (1) space for each two (2) employees during the time of maximum employment, to be designated as employee parking.

93.2.37 HELISTOPS AND HELIPORTS.

(Added by O-1810)

For each lot or parcel of land used for heliports or helistops, there shall be provided off-street parking facilities as follows:

a)    One (1) space per each two (2) employees or one (1) space per one thousand (1,000) square feet of enclosed storage or hangar space whichever is the greater.

b)    One (1) space per two hundred fifty (250) square feet of office area.

c)    Two (2) spaces per each landing pad.

d)    One loading space per each landing pad.

e)    Heliports operating scheduled commercial passenger service shall provide in addition to the above, two (2) spaces per each peak hour passenger, to be determined by maximum flights per hour on the business day and the passenger load per flight.

93.2.38 POOL AND BILLIARD HALLS.

(Added by O-1864; Amended by O-3207)

For each lot or parcel of land used for a pool hall or billiard parlor there shall be provided one (1) parking space for each one hundred (100) square feet of floor area.

93.2.39 PLANT NURSERIES.

(Added by O-2200)

For each lot or parcel of land used for the display or sale of plants and/or related landscaping materials, there shall be provided one (1) parking space for each one thousand five hundred (1,500) square feet of display area and one (1) parking space for each two hundred (200) square feet of office area or portion thereof.

93.2.40 HEALTH CLUBS.

(Added by O-3118; Amended by O-3207)

a)    For each lot or parcel of land used for an athletic club, health spa, dance or exercise studio or similar use, there shall be provided one (1) parking space for each one hundred (100) square feet of floor area.

b)    For each lot or parcel of land containing racquetball, tennis or similar court facilities, there shall be provided four (4) parking spaces for each court plus one (1) parking space for each one hundred (100) square feet of remaining floor area.

93.2.41 COURT OR COURT FACILITIES.

(Added by O-3287)

For every lot or parcel of land developed for court, or court facilities, the number of parking spaces shall be determined by the approving authority upon consideration of a recommendation computed on a site-by-site basis taking into account the development guidelines provided in Section 95.3.44, and using as a base requirement of one (1) parking space for each one hundred fifty (150) square feet of gross floor area.

93.2.42 LARGE FAMILY DAY CARE HOMES.

(Added by O-3453)

One (1) off-street parking space must be provided for a non-resident employee. The residential driveway is acceptable provided it does not conflict with any required child drop-off/pick-up area and does not block the public sidewalk or right-of-way. Tandem or side-by-side parking in the driveway is acceptable.

a)    Passenger Loading/Unloading. A minimum of one (1) off-street parking space must be available for child drop-off and pick-up. The driveway is acceptable for this purpose provided it does not block the public right-of-way. Tandem or side-by-side parking in the driveway is acceptable. Double parking must not be utilized at any time.

93.2.43 BODY ART FACILITIES.

(Added by O-3783; Amended by O-3784)

For each lot or parcel of land used for a body art facility there shall be provided one (1) parking space for each two hundred (200) square feet of floor area.

93.2.44 CAR WASH FACILITIES.

(Added by O-3835)

For each lot or parcel of land used for a car wash facility, there shall be provided one (1) parking space for each two hundred (200) square feet of gross floor area, excluding the floor area within car wash tunnels dedicated for conveyor belt operations.

ARTICLE 3 - OFF STREET LOADING

93.3.1 REQUIRED OFF STREET LOADING SPACE.

(Amended by O-3207)

One off street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a floor area of less than ten thousand (10,000) square feet. One (1) loading space shall be provided for each additional twenty thousand (20,000) square feet of floor area over ten thousand (10,000) square feet to ninety thousand (90,000) square feet and one (1) additional loading space shall be provided for each additional one hundred thousand (100,000) square feet of floor area over ninety thousand (90,000) square feet. Each required off street loading space shall be not less than ten (10) feet in width and twenty-five (25) feet in length, with a minimum height clearance of fourteen (14) feet and shall be so arranged that it will not impede traffic circulation within the parking area or will not block parking stalls. Where the occupancies are integrated or connected in design, loading space area may be based solely on the floor area involved without reference to separate occupancy.

ARTICLE 4 - STANDARDS OF DEVELOPMENT FOR COMMERCIAL AND INDUSTRIAL PARKING AREAS

93.4.1 PLOT PLAN APPROVAL REQUIRED.

At the time a building permit is requested for any new building or structures or at the time a new use of land which would require off street parking is established, a plot plan shall be submitted showing the proposed development of the property, including the layout and development of the parking and loading facility. All parking and loading spaces shall be designated as well as the access aisles and other improvements. The Planning Director may disapprove such plans if he finds they are inconsistent with the requirements of this Section.

93.4.2 SIZE OF PARKING SPACE.

The minimum size of each parking space in a parking lot serving commercial uses shall be no less than eight (8) feet six (6) inches in width and nineteen (19) feet in depth. Where employees parking for industrial uses is required by this Section, eight (8) feet by nineteen (19) feet shall be the minimum size required.

93.4.3 TABLES AND CHARTS.

The tables and charts entitled "Parking Lot Layout" are hereby incorporated by this reference.

93.4.4 ACCESS TO PARKING AREAS.

The parking lot or parking areas shall be so designed as to permit vehicular traffic to move into and out of the parking area without the backing of any automobile into or upon a public right-of-way, except that an alley may be used as a turning radius into and out of a parking stall.

93.4.5 PARKING AREA ACCESS ROADS AND DRIVEWAYS.

a)    The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards; for one-way traffic the minimum width of eleven (11) feet, and for two-way traffic, a minimum width of twenty-four (24) feet.

b)    Parking areas having more than one (1) aisle or driveway shall have directional signs or markings provided in each aisle or driveway.

c)    Driveways shall be located on the same lot or parcel of land as the parking or loading spaces which they serve or connected by easement for ingress and egress over adjoining property with the approval of the Planning Director.

d)    The grade for any driveway or ramp providing access to any off street parking space shall be in conformity with standards set by the City on the basis of the transition distance available between the property line grade and the parking lot pad elevation. In no event shall the algebraic difference in grade between any two (2) adjacent six (6) foot chords in the approach ramp profile exceed twelve (12) percent.

93.4.6 PARKING SPACE STRIPING.

All parking areas shall be striped with double lines (six inches both sides of center) between stalls to facilitate the movement into and out of the parking stalls.

93.4.7 BORDER BARRICADES.

Posts, bumpers or wheel-stops shall be provided where parking areas border sidewalks which are not elevated, public and private property lines, buildings, fences or walls, in such a manner that no vehicle shall overhang or encroach over a property line.

93.4.8 LIGHTING OF PARKING AREAS.

Any lighting used to illuminate off street parking facilities or vehicle sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone or residential use.

93.4.9 PAVING OF PARKING AREAS.

All off street parking areas, vehicle sales areas and any driveway used for access thereto shall be paved. Such paving shall consist of an untreated rock base material four (4) inches thick in sandy soils and six (6) inches thick in clayey soils, and topped with hard, durable plant mix asphaltic paving at least two (2) inches thick. The surface shall be graded and drained so as to dispose of all surface water.

93.4.10 JOINT USES.

a)    The Planning Commission may grant a reduction in the total number of spaces when the joint use of a parking facility has divergent needs in relation to user on the basis of non-use by one (1) user during a period of use by another during nighttime in relation to daytime hours, or weekdays in relation to Saturdays or Sundays,

b)    Notwithstanding the provisions of Section 93.4.10.(a), there may be a reduction in the number of spaces required when the joint use of a parking facility shall include the use of parking for a church or an auditorium incidental to a public or parochial school and a use considered to be primarily a daytime use.

93.4.11 CONDITIONS FOR ALLOWING JOINT USES.

The Planning Commission shall require for the above joint uses that:

a)    The buildings and uses shall be within one hundred fifty (150) feet of the nearest point by walking distance within a parking facility to said building or use;

b)    The applicant shall show there is no conflict in the principal operating hours of the buildings or uses for which the joint parking facilities are proposed; and

c)    The parties concerned in the joint use of off street parking facilities shall evidence an agreement for such joint use by a proper legal instrument approved by the City Attorney as to form and content. Such instrument when approved as conforming to the provisions of this Section shall be recorded in the office of the County Recorder and copies thereof filed with the Building Department and the Planning Department of the City.

93.4.12 LOCATION AND CONTROL OF PARKING FACILITIES.

The off street parking facilities required by this Article shall be located on the same lot or parcel of land as the use they are intended to serve.

93.4.13 EXCEPTION TO LOCATION REQUIREMENT.

(Amended by O-2864)

Exceptions to Section 93.4.12. may be approved by the Planning Director subject to the following conditions:

a)    That all or part of substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage.

b)    That the substitute lot is in the same possession as the property containing the use it is to serve. Such possession may be by deed or by long term lease approved by the City Attorney as to form and content.

93.4.14 TEMPORARY LOCATION.

The requirements of Section 93.4.13. shall be suspended if a temporary substitute location or locations within a distance of four hundred (400) feet for all or a part of the parking facilities is assured under an agreement or other instrument approved by the City Attorney as to form and content until such time as a permanent substitute location complying with the provisions of Section 93.4.13. is effected.

93.4.15 PARKING FACILITIES REQUIRED FOR MORE INTENSIVE USE.

When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, seating capacity, or other use of measurement specified in this Code, additional required parking and loading facilities for such use shall be provided as required in this Chapter.

93.4.16 PARKING FACILITIES REQUIRED FOR CHANGE OF USE.

Whenever the existing use of a structure or existing use of land is changed to another use for which this Chapter requires the provisions for a greater number of parking spaces than the existing use, parking and loading facilities shall be provided as required by this Chapter.

93.4.17 CHANGE OF USE INSPECTION FEE.

(Amended by O-1791)

Whenever there is a change in use or a substantial building alteration, a fee of Five Dollars ($5.00), in addition to any other applicable charge, shall be paid to the License Department of the City as reasonable cost for inspection to determine whether an occupancy permit should be granted.

93.4.18 PARKING FACILITIES PROVIDED BEYOND REQUIRED FACILITIES.

Nothing in this Section shall be deemed to prevent the voluntary establishment of off street parking or loading facilities in excess of those required by this Chapter, provided that all regulations herein governing the location, design and operation of such facilities are adhered to.

93.4.19 RESERVED PARKING SPACES.

No parking space designated toward providing the minimum parking requirements shall be reserved in the name or title of a specific individual. Parking areas or spaces designated toward providing minimum parking requirements may be reserved or designated in the name of an occupant within a building for the joint use of such occupant and the patrons of such occupant or reserved for the exclusive use of employees of such occupant. Such areas shall contain a minimum of ten (10) parking spaces.

93.4.20 RESTRICTION ON PARKING SPACE USE.

(Amended by O-2907; O-3006)

Neither patrons nor employees of an occupant of a building may be restricted from use of any parking space designated to meet minimum parking requirements unless the occupant of the said building, or the owner or operator of the parking lot has obtained a Conditional Use Permit pursuant to the provisions of Chapter 5 of this Division.

93.4.21 COMBINED OR MIXED USES.

The required off street parking and loading facilities may be provided collectively for two (2) or more buildings or two (2) or more uses in the same building provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses and provided all other requirements of this Chapter are met.

93.4.22 NONCOMPLIANCE WITH STATEMENT; A MISDEMEANOR.

If at any time after an employee signs a statement pursuant to Section 93.4.20. the employee, when present within the building during his hours of employment, is parked in a substitute location outside the designated area contrary to the contents of the written statement, such employee shall be guilty of a misdemeanor punishable by fine of not less than Two Hundred Dollars ($200.00) or imprisonment in the County jail for not less than six (6) months, or both such fine and imprisonment.

93.4.23 CONTINUING OBLIGATION.

The required off street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continue. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading area which meet the requirements of this Chapter.

93.4.24 DEVIATIONS FROM PARKING LOT DESIGN REQUIREMENTS.

(Amended by O-1767; O-1790; O-2864)

Deviations from parking lot design requirements may be permitted only in the following manner:

a)    The applicant or proponent must file detailed plans of the proposed parking area with the Planning Director.

b)    The Planning Director shall within a reasonable time review the plans and approve or disapprove said plans.

c)    Deviations shall be allowed only in the following instances:

1)    When reduced space size for small automobiles is proposed in parking areas containing at least ten (10) parking spaces, provided that such compact spaces shall be no less than seven (7) feet six (6) inches in width and fifteen (15) feet in length and that such spaces may not comprise more than ten (10) percent of the required parking.

2)    When there is attendant parking and either reduced size, tandem parking or both are proposed.

3)    When, in the opinion of the Planning Director, the use of a substandard type of pavement and base material or landscaping, or thickness of pavement or base material would be satisfactory for a parking lot that is clearly to be of short term, temporary nature and which the Planning Director finds will, within a period of five (5) years be replaced with other development.

d)    Any modification of the proposed plan or failure to supply attendant parking as provided in subsection c-2) of this Section shall terminate any permission granted under this Section.

93.4.25 EXEMPTION FROM PARKING REQUIREMENTS.

Areas may be exempt from the parking requirements as otherwise set up in this Chapter provided:

a)    Such an area shall be accurately defined and approved by the Planning Commission and the City Council;

b)    Such an area shall be within a vehicle parking district before being eligible for exemption from parking requirements;

c)    No such an area shall be established and exempt from the parking requirements of this Section unless sixty (60) percent or more of all lots of record comprising said area are devoted to uses first permitted in a "C" or "M" zone;

d)    No exemption shall apply in other than the "C" or "M" zones; and

e)    Before such defined district shall be exempt as provided in this Section, active proceedings under any applicable legislative authority shall be instituted to assure that the exempt area shall be provided with comprehensive parking facilities which will reasonably serve the entire district.

ARTICLE 5 - DEVELOPMENT STANDARDS FOR RESIDENTIAL PARKING AREAS

93.5.1 PLOT PLAN APPROVAL REQUIRED.

At the time a building permit is requested for any new building or structure, or at the time a new use of land which would require off street parking is established, a plot plan shall be submitted showing the proposed development of the property, including the lay-out and development of the parking, access and other improvements. The Planning Director may disapprove such plans, when found to be inconsistent with the requirements of this Chapter.

93.5.2 SIZE OF RESIDENTIAL PARKING SPACES.

(Amended by O-1937; O-1938; O-3217; O-3283; O-3556; O-3815)

a)    All enclosed and unenclosed residential parking areas shall conform to the following minimum standards:

1)    For a single enclosed parking space, a minimum dimension shall be ten (10) feet by twenty (20) feet clear, unpartitioned, inside dimensions. For a single enclosed tandem parking space, a minimum dimension shall be ten (10) feet by eighteen (18) feet clear, unpartitioned, inside dimensions. For all other required parking spaces, the minimum dimensions shall be nine (9) feet by twenty (20) feet clear, unpartitioned, inside dimensions. The minimum doorway width to an enclosed parking space shall be seven (7) feet six (6) inches for single car openings and fifteen (15) feet six (6) inches for double car openings. All garages shall have a minimum clear height, free of all obstructions of seven (7) feet except for door openings and the rear three (3) feet of a garage may have projections extending downward not closer than four (4) feet six (6) inches above the floor.

b)    In any parking structure containing more than two (2) parking spaces, the parking spaces adjacent to any wall shall have a minimum interior clearance of ten (10) feet.

c)    For instances where unenclosed parking is allowed to count toward required parking, each unenclosed parking space shall be provided on a permanently paved area and have a minimum dimension of eight (8) feet six (6) inches by twenty (20) feet clear for spaces not provided within a required side yard setback, ten (10) feet by twenty (20) feet clear for spaces when provided within a side yard setback, adjacent to a property line, wall or other structure.

d)    Typical residential parking layouts entitled Exhibit "A" are incorporated by this reference.

93.5.3 GARAGE DOORS.

a)    Whenever a private garage is provided in connection with a single family residence or duplex, garage doors shall be required therefor.

b)    Whenever a private garage is provided in connection with a multiple family residence, garage doors shall be provided therefor, except in those cases where in the opinion of the Planning Director or the Planning Commission, a substantial part of the interior of such garages is not visible from a public street, alley or way, or is not visible from a private street, alley or way serving more than one (1) lot or parcel of land

93.5.4 LOCATION OF PARKING SPACES.

In no case shall any portion of a public street or alley right-of-way be counted as part of the required parking or loading space. Parking spaces having direct access from a public right-of-way shall be so located and designated as to avoid undue interference with the public use of streets and alleys.

93.5.5 Repealed by O-2338.

93.5.6 ACCESS.

The grade for any driveway or ramp providing access to any off street parking space shall be in conformity with standards set by the City on the basis of the transition distance available between the property line grade and the parking lot pad elevation. In no event shall the algebraic difference in grade between any two (2) adjacent six (6) foot chords in the approach ramp profile exceed twelve (12) percent.

93.5.7 DRIVEWAY WIDTHS.

(Amended by O-3356)

The required width of driveways shall apply to the full length of the driveways which shall be free and clear of all obstacles such as utility poles, meter boxes, stairways and building overhangs less than eight (8) feet in height above the surface of the driveway. The width of the driveway entrance and exits from a public street shall be measured at the property line and shall comply with the following:

a)    Driveways serving less than eleven (11) parking spaces shall have a minimum width of ten (10) feet; driveways serving eleven (11) or more parking spaces shall have a minimum width of twenty (20) feet or two (2) ten (10) foot driveways. Additional driveways for apartment houses providing more than one hundred (100) parking spaces may be required to eliminate traffic congestion upon review by the Planning Director, the Planning Commission, or both.

b)    For flag lot subdivisions of two (2) lots, the minimum width of the vehicle access easement to the rear lot shall be ten (10) feet. In the case of flag lot subdivisions of three (3) or more lots, the minimum vehicle access easements to the lots behind that lot or parcel of land fronting on the public street, shall be fifteen (15) feet.

c)    This section shall not modify or amend Article 4, Chapter 4 of Division 7, commencing at Section 74.4.1

93.5.8 SUBTERRANEAN GARAGES.

Subterranean garages may be constructed to any rear property line or side property line exclusive of the front yard setback. The finished floor of the first floor, which shall be the same as the roof of the subterranean garage shall not project more than three (3) feet at its highest point above the natural grade of any lot or parcel in a required side or rear yard area. Subterranean garages may be constructed to the front property line provided they remain entirely underground and the roof is landscaped and maintained as if no garage existed.

93.5.9 LINE OF SIGHT STANDARD.

Each entrance and exit to said parking area shall be constructed and maintained so that any vehicle entering or leaving the parking area shall be visible to a person approaching such entrance or exit on any pedestrian walk, footpath or public right-of-way a minimum distance of ten (10) feet from the driveway or parking space

93.5.10 RESTRICTION ON USE.

There shall be no charge, or similar regulation for the use of parking facilities required by this Article.

93.5.11 REQUIRED STORAGE SPACE.

(Amended by O-3217; O-3243; O-3245; O-3251)

a)    Where covered parking is required for three (3) or more dwelling units, there shall be provided a minimum of two hundred (200) cubic feet of lockable, enclosed storage space for each dwelling unit.

b)    In the R-2 zone, or in any other zone where two (2) dwellings are being constructed, or provided on the same lot or parcel of land, there shall be provided not less than two hundred (200) cubic feet of lockable, enclosed storage space for each dwelling unit.

93.5.12 TANDEM PARKING.

(Amended by O-1790; O-1933; O-1937; O-2307; O-3104; O-3185; O-3243; O-3245; O-3251; O-3556)

Except as provided in Article 44, Chapter 1 of this Division, Article 2, Chapter 3, Section 93.2.3 and Section 95.3.28, tandem parking will not be considered as satisfying the parking requirement of this Article.

93.5.13 PAVING OF DRIVEWAYS AND GARAGE AREAS.

All driveways, open parking areas, and turnaround areas shall be paved with four (4) inches of untreated base material and topped with hard, durable plant mix asphaltic paving at least two (2) inches thick. All paved surface shall be graded and drained so as to dispose of all surface water.

93.5.14 SEPARATION FROM WINDOWS.

(Added by O-1937; O-1938)

Ground level off street parking areas shall be separated from any portion of a building having windows opening on the parking area by a minimum ten (10) foot buffer strip permanently maintained in landscaping of sufficient height and texture, or fenced to provide an effective screen from headlights.

93.5.15 WHEEL STOPS.

(Added by O-1937; O-1938)

All off street parking interior and exterior shall be provided with concrete wheel stops securely anchored and placed a minimum of four (4) feet from the protected wall.

93.5.16 PARKING LOT ILLUMINATION.

(Added by O-1937; O-1938)

Parking areas shall be provided with adequate illumination for the protection and safety of tenants. Said lighting to be properly shaded and reflected away from public streets and adjacent living area.

ARTICLE 6 - LANDSCAPE REGULATIONS

93.6.1 WALL ENCLOSURE REQUIREMENTS.

Except for driveways and other entrances, parking lots shall be enclosed with a decorative masonry wall as follows:

a)    When a parking lot abuts property in a residential zone or property used for residential purposes, a decorative masonry wall six (6) feet in height shall be erected along said abutting property line. Such wall shall not be less than four (4) feet in height above the surface of the adjoining property; provided, however, that such walls shall uniformly step down to a height of 3O-36 inches within the required front yard setback area of the adjacent property.

b)    Where a parking lot is located across a street or highway from property in a residential zone or property used for residential purposes, a decorative masonry wall 3O-36 inches in height shall be erected along and not less than three (3) feet from the property line of said parking lot, which shall parallel said street and highway. Provided however, that a tree well, having a minimum depth of five (5) feet from property line shall be provided on an average spacing of every fifty (50) feet of street frontage, unless trees have been provided in the parkway area on an average spacing of fifty (50) feet. The setback area shall be landscaped and continuously maintained.

93.6.2 AMOUNT OF LANDSCAPING REQUIRED.

(Amended by O-1902; O-2276)

Not less than five (5) percent of a parking lot comprising more than twenty (20) parking spaces shall be landscaped and continuously maintained; not less than four (4) percent of a parking lot comprising not more than twenty (20) parking spaces shall be landscaped and continuously maintained; and not less than three (3) percent of a parking lot comprising not more than ten (10) parking spaces shall be landscaped and continuously maintained. Upon the approval of the Planning Director, the landscaped area between the front property line and the building on the site may be counted up to one (1) percent as part of the required area for landscaping. Any unused space resulting from the design of the parking spaces should be used for planting purposes, but an even distribution of the planting beds must be maintained throughout the parking area. The planting bed area shall have a minimum width of three (3) feet and a minimum area of nine (9) square feet. Upon approval of the Planning Director, the front portion of parking spaces may be used to fulfill the minimum width and area requirements. A method of irrigating all planting areas shall be provided by a permanent water system. For the protection of the landscaped areas a minimum four (4) inch high curb shall be provided on all sides.

93.6.3 PLANTING LIST.

A planting list shall be shown on the required plot plan to obtain a grading permit, or building permit, for the building for which the parking lot is provided, which planting list shall give the botanical and common names of the plants to be used, the sizes to be planted, the quantity of each, and the spacing to insure balance and design. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan.

93.6.4 CHOICE OF PLANT MATERIAL.

(Amended by O-1902; O-2276)

The choice of plant material shall be trees or shrubs combined with ground cover. All planters shall be provided with a minimum of one (1) five (5) gallon shrub for each twenty (20) square feet of planter area. One (1) twenty-four (24) inch boxed tree shall be provided for each ten (10) parking spaces or portion thereof. For parking lots with ten (10) or less spaces, two (2) fifteen (15) gallon trees may be substituted for the one (1) twenty-four (24) inch boxed tree.

93.6.5 LANDSCAPING PLAN REVIEW.

(Added by O-1902)

A plot plan indicating the location of all landscaping shall be submitted for approval by the Planning Director. The decision of the Planning Director may be appealed to the Planning Commission.

93.6.6 EXCLUSION OF EMPLOYEE PARKING AREAS IN M-1 AND M-2 DISTRICTS.

(Added by O-1902)

Upon approval of the Planning Director, parking lots in the M-1 and M-2 Districts may be excluded from the provisions of Article 6 of this Code upon determination that:

a)    The parking area is used primarily for employee parking,

b)    Sufficient landscaping is provided to screen such parking areas from the view of the general public.

93.6.7 CONFORMANCE TO LANDSCAPE REGULATIONS.

(Added by O-1902; Amended by O-1946)

Notwithstanding the provisions of Section 53.1.3 (a), the provisions of this Article shall apply to parking lots used with buildings and structures used for nonresidential purposes which are hereafter constructed or expanded; provided, however, that the provisions of this Article shall not apply (1) to parking areas enclosed within a building, or (2) to an addition to or alteration of any building or structure which is required by other provisions of this Code or State Law, or (3) an addition to or alteration of any building or structure the cost of which does not exceed One Thousand Dollars ($1,000.00) as provided in the Building Code of the City for building permit valuation purposes.

93.6.8 LANDSCAPING OF OPEN RESIDENTIAL PARKING.

(Added by O-2307)

Not less than five (5) percent of the total paved area for driveways and for open parking shall be landscaped where such areas are visible from apartment units on the property or from adjacent residential uses or from public rights-of-way. A planter bed shall have an average width of three (3) feet and a minimum area of nine (9) square feet. One (1) twenty-four (24) inch box tree shall be provided for each ten (10) open parking spaces. All planting areas shall be provided with a permanent sprinkler system.

ARTICLE 7 - VARIANCES, WAIVERS AND NONCONFORMING USES

93.7.1 VARIANCES.

(Amended by O-1754)

Variances may be granted from any of the provisions of this Chapter in accordance with the provisions of Article 1, Chapter 4, Division 9; provided, however, that with the approval of the Chairman of the Planning Commission, a petition for a variance may be heard by the City Council without a hearing thereon having been held before the Planning Commission; and provided further that the decision of the City Council shall be final and effective upon the passage of the motion granting the variance. The Chairman of the Planning Commission may delegate such authority to any other member of the Commission with the approval of the Commission. Such approval shall not be given unless, in the opinion of said Chairman or nominee, the petitioner otherwise will suffer irreparable harm. The decision of the Chairman or such nominee shall not be appealable.

93.7.2 PROVISIONS FOR WAIVERS.

The standards required in Article 6 of this Chapter shall apply to land used for commercial, industrial, schools, churches, hospitals, or public assembly purposes; provided, however, that an exception may be granted by waiver as set forth in Article 2 of Chapter 4 of this Division.

93.7.3 NONCONFORMING USES.

Exceptions to nonconforming uses shall be granted in relation to the provisions of this Chapter pursuant to Article 22 of Chapter 2 of this Division.