Chapter 18.30 — Off-Street Parking and Loading

Sections:

• 18.30.010 – Purpose 18.30.020 – Applicability

• 18.30.030 – Permit Requirements

• 18.30.040 – Exemptions

• 18.30.050 – Off-Street Parking Requirements

• 18.30.060 – Exception to Parking Requirements

• 18.30.070 – Compact Parking Spaces

• 18.30.080 – Parking Areas, Development, and Maintenance

• 18.30.090 – Parking Lot Design Standards

• 18.30.100 – Adjustments to Off-Street Parking Requirements

• 18.30.110 – Transportation Demand Management

• 18.30.120 – Bicycle Parking Requirements

• 18.30.130 – Off-Street Loading Requirements

The purpose of this chapter is to provide off-street parking and loading standards to:

• A. Provide for the general welfare and convenience of persons by ensuring sufficient parking facilities are available to meet the needs generated by specific uses and adequate parking is provided, to the extent feasible;

• B. Ensure accessible, attractive, secure, and well-maintained off-street parking and loading facilities;

• C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking;

• D. Ensure access and maneuverability for emergency vehicles;

• E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and

• F. Encourage the use of bicycle transportation by providing appropriate bicycle parking facilities.

• A. Off-Street Parking Required . Each use, including a change or expansion of a use or structure, shall have appropriately maintained off-street parking and loading areas. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.

• B. Change, Enlargement, or Intensification of Use . Changes in use and enlargement or intensification of an existing use that creates a need for an increase of more than 10 percent in the number of off-street parking spaces shall require compliance with the off-street parking requirements, except as authorized for nonconforming uses, structures and parcels. If a change in use creates a need for an increase of less than five off-street parking spaces, no additional parking facilities shall be required.

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• A. New Parking Facilities . The design of new parking facilities not otherwise exempt from the parking requirements shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project which creates a need for additional parking. A site plan shall be submitted to the Director in conjunction with the required permit(s) and shall include sufficient detail to determine compliance.

• B. Modification of Existing Parking Facilities . Modification or improvement to an existing parking facility which changes the parking space layout, configuration, number of stalls, or landscaping shall first require Director review and approval.

Parking facility improvements considered minor in nature exempt from permit requirements:

• A. Resurfacing, slurry coating, and restriping of a parking area with identical delineation of parking spaces;

• B. Repair or replacement of damaged planters and curbs in the same location; and

• C. Repair of any defects in the surface of the parking area, including holes and cracks.

• A. Parking Spaces Required by Type of Use . Table 3-1 establishes the number of spaces and facilities required for off-street parking for the uses specified. These standards shall apply at the time a new structure is erected, when an existing structure is altered or enlarged, when a new land use is established, and/or when a use is intensified by the addition of floor space or seating capacity, unless otherwise specified in this chapter. The Director shall have the discretion to require a parking study, paid for by the applicant, for any project.

• B. Uses Not Listed . Where the parking requirements for a use are not specifically listed in Table 3- 1, the parking requirements for the use shall be determined by the Director. The Director shall establish a parking standard based upon the requirements for similar uses or by utilizing the ITE Parking Generation Manual.

• C.

Calculation of Spaces Required .

1. Gross floor area . For the purpose of calculating parking spaces, "floor area" for offices, merchandising, or service types of uses shall mean the gross floor area used, or intended to be used, for service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. Floor area does not include areas used principally for non-public purposes, including kitchens, storage, incidental repair, processing or packaging of merchandise, show windows, offices incidental to the management or maintenance of stores or structures, toilet or restrooms, utilities, dressing rooms, or fitting or alteration rooms. The burden of proof is on the property owner or applicant to provide a site plan to the Director that clearly identifies gross floor area for parking purposes.

2. Fractional spaces . Fractional parking space requirements shall be rounded up to the next whole space.

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3. Bench seating . In stadiums, sports arenas, and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 20 inches of seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.

4. Spaces per maximum occupancy load . References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the Fire District.

D. Mixed Use Development .

1. General. In the case of mixed uses or occupancies in a structure and/or on a parcel, the total number of off-street parking spaces shall be calculated for each use by applying the applicable parking standard for the principal use to each of the separate uses. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use.

2. Parking reduction. In the event that a mixed use development includes uses that have different peaks in parking demand, (e.g., a mixed commercial and residential development) an alternative parking requirement may be established, as determined appropriate by the Director. The applicant shall be required to pay for a parking study to ensure mixed use development projects are adequately parked if the parking reduction request is being made.

• E. Parking Required On-Site . All required parking shall be located on the same parcel or development site as the uses served, except for parking approved to be located off-site.

• F. Permanent Availability Required . Each required parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve.

• G. Maintenance . Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition.

• H. Nonconforming Parking and Loading . Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter, shall be subject to the provisions for nonconforming uses, structures and parcels).

• I. Handicap Accessible Parking . Handicap accessible parking shall be provided in compliance with the requirements of the Building Code.

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Parking spaces for single-family units may be uncovered.

Guest parking spaces within a multiple-family project shall be based a minimum of 0.2 guest parking space per unit. Additional spaces can be requested by the Director based on a parking study.

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Hardship . In cases of practical difficulties and unusual circumstances, the Planning Commission may, after required hearings, recommend exceptions to the requirements for on-site parking, if supported by a parking study, consistent with the provisions of Section 18.030.100.

• A. Maximum number . For any commercial, office, industrial or multiple-family development, up to 40 percent of the required off-street parking spaces may consist of compact parking spaces.

• B. Size . Each compact parking space shall be not less than 16 feet in length and eight feet in width, exclusive of aisles and access drives.

• C. Affordable housing . For housing developments granted a density bonus, up to 50 percent of the required off-street parking spaces may consist of compact spaces.

• A. Single-family residential zones .

  1. Recreational vehicle parking . The parking of recreational vehicles is only allowed in the R-LD zone and shall be subject to all of the following standards:

     • a. The recreational vehicle shall be owned by the occupant of the residence at which the vehicle is parked;

     • b. The recreational vehicle shall be parked either on a legal driveway within the front yard area or on a paved surface within a side or rear yard area;

     • c. No recreational vehicle or portion thereof shall overhang any public right-of-way; and

     • d. No electrical, plumbing, or other similar hook-ups shall be extended and/or used by the recreational vehicle.

  2. Commercial vehicles . It is unlawful to store and/or park on any parcel in any residential zone any commercial vehicle exceeding a one-ton rated carrying capacity as specified by the manufacturer.

  3. Parking in front yard area . It is unlawful to park any vehicles in any front yard area of a single-family residential use other than the legal driveway.

  4. Paved areas in front yard . Paved areas within the front yard, including the driveway and any walkways, shall not exceed 50 percent of the front yard area with the remaining area landscaped with live plant material. The use of pervious materials for driveways, walkways, patios, and outdoor living areas is strongly encouraged.

  5. Driveway . Single family homes are prohibited from having more than one driveway entrance. All dwelling units must be served by the same driveway access to the street as the main dwelling. If an existing property has more than one driveway, any new

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development permit, including but not limited to design review, grading, drainage, or tenant improvements, shall be conditioned to remove the additional driveway(s).

B. Multiple-family residential zones .

1. Parking spaces shall be provided in off-street parking areas located within 1,000 feet of the use they are intended to serve;

2. It is unlawful to rent, lease or otherwise convey to or allow use of a required parking space by any person who is not a tenant or visitor for whom the parking spaces are required.

3. For tenancies beginning after June 1, 2014, it is unlawful for any manager or owner of any residential unit to separately charge, require or receive a fee, rent or other remuneration from a resident for the use of the required off-street parking (other than from the consideration received for the rent or lease of the dwelling and its associated parking spaces). All required parking spaces are considered an inseparable part of the rented premises, unless the tenant elects to relinquish access to the off-street parking.

rge, require or receive a fee, rent or other remuneration from a resident for the use of the required off-street parking (other than from the consideration received for the rent or lease of the dwelling and its associated parking spaces). All required parking spaces are considered an inseparable part of the rented premises, unless the tenant elects to relinquish access to the off-street parking.

4. All on-site required parking spaces shall be available to the occupants of the property. For properties developed after June 1, 2014, the occupants of each unit shall have use of the parking developed for the unit, unless the tenant elects to relinquish access to the offstreet parking. For properties developed before June 1, 2014, with less than two covered parking spaces per unit and where the property owner lives at the multiple-family property, the property owner may reserve for his or her personal use two legal parking spaces (uncovered or covered) which shall be contiguous, if possible. The remaining onsite legal parking spaces not utilized by the property owner shall be allocated among the other units.

5. If a landlord removes an on-site, off-street parking space from a tenancy in violation of these provisions

   • a. The tenant may apply for a rent decrease by an amount commensurate with the value of the removed parking space for the temporary period of time during which the space is removed;

   • b. The landlord shall be subject to criminal prosecution; and

   • c. The City may bring a civil action for injunctive relief.

6. Temporary removal of a parking space reasonably necessitated by required repair or maintenance does not give rise to a penalty.

7. A landlord and tenant are not prohibited from voluntarily agreeing to the substitution of one parking space for another at the same property.

• C. Non-residential uses . Required parking facilities for all uses other than residential shall be provided as follows:

  1. Parking spaces shall be provided in off-street parking areas located within 1,000 feet of the use they are intended to serve;

  2. Parking spaces shall be permanently maintained and shall not be utilized for the storage of merchandise, materials, collection kiosks, or service vehicles specifically maintained for the business or for any other individual or business; and

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3. Required parking spaces shall not be rented, leased or otherwise conveyed or used by any person who is not a tenant of, visitor to, or employee for who the parking spaces are required. No employee shall be restricted from using the parking spaces required for the use where he or she is employed. Parking spaces developed in excess of the minimum required for the use may be rented or leased to another business or use.

• A. Parking space and drive aisle dimensions . Parking lots shall be designed and constructed as indicated in Table 3-2 and Figure 3-5

==> picture [458 x 344] intentionally omitted <==

Figure 3-5 – Off-Street Parking Lot Layout

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• B. Covered parking . Each covered off-street parking space shall have minimum inside dimensions of 10 feet by 20 feet. If parking is within a residential garage, and there is a minimum clear space of 20 feet in length and 10 feet in width, the parking space may be 18 feet in length and nine feet in width.

• C. Parking stall marking . All parking spaces, except parallel spaces, shall be marked by appropriate stripes and the width of each space shall be measured from center to center of the stripes. This provision does not apply to single-family detached properties.

D.

Landscaping .

1. Landscaped buffer . Any parking area not separated by a fence or wall from a street, alley, or other public right-of-way shall be provided with a minimum four-foot-wide landscape buffer between the parking area and the street, alley, or other public right-ofway, as measured from the edge of the right-of-way to the parking area. In addition, any area within the street right-of-way between the edge of the sidewalk and the outer edge of the right-of-way shall be developed as landscaped area in conjunction with the required four-foot area above, unless this requirement is waived by the City Engineer. Where a parking area has a capacity of more than 10 parking spaces, landscaped areas including the above four-foot street buffer strip shall not be less than five percent of the total parking lot area.

2. Landscape screen . Landscaping, other than trees, shall be designed and maintained to establish a minimum screen of approximately 36 inches in height. Screening materials may include a combination of plant materials, earthen berms, raised planters, low walls, or other screening devices that meet the intent of this requirement, as approved by the Director. Not more than 30 percent of the landscaped area may be covered with hard surfaces (e.g., gravel, landscaping rock, concrete, or other impervious materials).

pproximately 36 inches in height. Screening materials may include a combination of plant materials, earthen berms, raised planters, low walls, or other screening devices that meet the intent of this requirement, as approved by the Director. Not more than 30 percent of the landscaped area may be covered with hard surfaces (e.g., gravel, landscaping rock, concrete, or other impervious materials).

3. Landscape material . Planting in parking areas shall consist of water-efficient evergreen shade trees, groundcover, low shrubs, flowering plants, and mulch to provide 100 percent coverage of required landscape areas. Landscaping fronting a street shall include a minimum of one tree for every 30 feet of frontage. Trees shall be a minimum of 15 gallons in size and six feet in height at the time of planting, and shall be of a variety that is fast growing and capable of providing maximum shade coverage. All landscaping shall be installed and maintained in compliance with Chapter 18.28.

4. Permanent irrigation system . All planting areas shall be provided with a permanent water irrigation system in compliance with Chapter 18.28.

5. Concrete curb . Each planting area shall be bound by a concrete curb having a minimum height and width of not less than six inches.

• E. Screening from residential zones . Vehicle parking facilities for more than 10 vehicles shall be effectively screened by a wall on each side that adjoins or faces premises situated in residential zones. The wall shall not be less than six feet in height, except within required front setback areas and shall be maintained in good condition. Screen planting or wooden fences may be substituted for aesthetic reasons, or in cases of practical difficulties or unusual hardship, provided that the design and plant material is first approved by the Director. A bond to guarantee the installation and maintenance of the screen planting or fencing, for a period of three years, shall be posted with the Department.

• F. Surfacing and drainage . Parking lot surfacing materials shall consist of sturdy, all-weather surfaces including, but not limited to concrete, asphalt, and any other material capable of

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capturing, carrying, and disposing of surface water runoff. Pervious or partially pervious surfaces are acceptable to help achieve water quality goals and requirements, provided the proposed surfaces are approved by the City Engineer. All parking lots shall be designed to convey surface runoff to approved retention and/or drainage facilities. In no case shall a drainage course be allowed across the surface of a public sidewalk.

of surface water runoff. Pervious or partially pervious surfaces are acceptable to help achieve water quality goals and requirements, provided the proposed surfaces are approved by the City Engineer. All parking lots shall be designed to convey surface runoff to approved retention and/or drainage facilities. In no case shall a drainage course be allowed across the surface of a public sidewalk.

• G. Protective installations . To ensure the proper maintenance and utilization of parking facilities, public parking areas shall be designed so a parked vehicle does not overhang sidewalks, planters, or landscaped areas. A permanent curb, bumper, wheel stop, or similar device shall be installed adequate to protect sidewalks, planters, landscaped areas, and structures from vehicular damage. If the protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edges of the sidewalks, planter, or landscaped areas and from any structure. The Director may require other barrier curbs or wheel stops as deemed necessary to protect areas within or adjacent to the parking area from vehicular encroachment.

• H. Parking lot lighting . All parking lots shall be provided with outdoor lighting. Lighting shall be installed and maintained in a manner that provides security for tenants and visitors, but does not impact surrounding uses. A parking lot lighting plan shall be provided for review and approval by the Director.

I. Access and circulation .

1. Each parking space shall be accessible from a street or alley, independent of any other parking space; provided, however, in the case of off-street parking for a single-family dwelling or a second unit, tandem parking spaces within a garage or carport or elsewhere on the site is allowed. In some circumstances, mechanical or lift parking may be approved by the City.

2. Parking spaces within a parking lot or structure shall be designed and located so any required maneuvering into or out of the space will not interfere with vehicles entering or exiting the parking lot, and so vehicles can enter an abutting street in a forward direction.

3. Within a parking lot or structure, the drive aisles shall be designed so that a vehicle is not required to enter a street to move from one drive aisle to another.

4. Vehicle circulation shall be designed to avoid conflicts with pedestrian circulation within the parking lot.

5. Within a parking structure, piers and pillars shall not encroach into parking stalls.

• J. Entrance and exit identification . Whenever an entrance or exit to off-street parking facilities is provided from a street or alley, each entrance or exit shall be clearly marked and visually identified.

All new non-residential development of 15,000 or more square feet or 25 or more employees, and all new residential development of 10 or more units including residential components of mixed use developments, shall submit a Transportation Demand Management Plan. The required number of parking spaces may be reduced only in compliance with the following standards and procedures, unless a Transportation Demand Management program modifies the requirements. The Director shall have the authority to require a TDM for any development project if doing so is in the public interest.

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• A. Parking reduction for density bonus units . Residential units approved under the provisions of Chapter 18.36 shall be provided a reduction in the number of required parking spaces in compliance with that chapter.

• B. Parking reduction for senior housing . Residential units approved under the provisions of Municipal Code Chapter 14.20 shall be provided a reduction in the number of required parking spaces in compliance with that chapter.

• C. ADA compliance . The Director may administratively reduce parking requirements due to a loss of parking spaces to accommodate required ADA parking requirements associated with tenant improvements.

• D. Reduced parking demand . Required off-street parking may be reduced with the approval of a Conditional Use Permit and with all of the following conditions:

  1. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate parking demand will be less than the required number of spaces or that other parking is available; and

  2. A parking management plan shall be prepared.

• E. Joint use of parking facilities . In the case of mixed use developments, the Director may grant an Administrative Use Permit to the cumulative off-street parking requirement which would normally apply if the individual activities within a single complex were considered separately. In no event shall an Administrative Use Permit be issued that reduces the overall off-street parking standard by more than 20 percent. To qualify for a reduction, a mixed use complex shall be under one management. The following types of mixed use developments shall be eligible for consideration:

  1. Commercial office/multiple-family residential;

  2. Commercial office/retail and/or service commercial (applies to shopping centers only);

  3. Hotel or motel/retail or service commercial;

  4. Residential/retail or service commercial;

  5. Industrial/retail or service commercial.

• F. Parking management plan . When a parking management plan is required to mitigate impacts associated with a reduction in the number of required parking spaces, the parking management plan shall include, but is not limited to, the following as required by the Review Authority:

  1. Restricting land uses to hours or days of operation so the same parking spaces can be used by two or more uses without conflict;

2. Restricting land uses with high parking demand characteristics;

   3. Securing additional off-site parking;

   4. Providing parking attendants and valet parking; and

   5. Other appropriate mitigation measures.

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• G. Required data . In reaching a decision to allow a reduction of required parking spaces, the Review Authority shall consider data submitted by the applicant or collected/prepared at the applicant’s expense.

• H. Permit approval . Approval of an Administrative Use Permit shall be required for a parking facility or any portion of required parking not located on the same site as the use it is intended to serve.

• I. Findings . In order to approve an Administrative Use Permit for an off-site parking facility, the Review Authority shall make all of the following findings in addition to those required for the approval of an Administrative Use Permit:

  1. The parking facility is located within 1,000 feet to the use it is intended to serve;

  2. On-street parking is not being counted towards meeting parking requirements;

  3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and

  4. The parking facility will be permanently available and maintained for the use it is intended to serve.

• J. Parking agreement . A parking agreement, which guarantees the long term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder’s Office. The agreement shall be in a form approved by the City Attorney and the Director.

• K. Shared Parking . If a parcel is located within 1,000 feet of the property proposed for shared parking, both property owners may enter into a shared parking agreement for a proposed use. The agreement must state the use depends on continuation of the agreement and the agreement shall be notarized and recorded with the County. The Shared Parking Agreement is subject to periodic review by the City.

L. Loss of off-site parking .

1. Notification to City . The owner or operator of a business that uses an approved off-site parking facility to satisfy the parking requirements shall immediately notify the Director of any change of ownership or use of the property where the spaces are located, or changes in the use the spaces are intended to serve, or of any termination or default of the agreement between the parties.

2. Effect of termination of agreement . Upon notification the agreement for the required off-site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur:

   • a. Substitute parking acceptable to the Director is provided; or

   • b. The size or capacity of the use is reduced in proportion to the parking spaces lost.

Any Transportation Demand Management program shall be as is set forth in Municipal Code Chapter 10.32.

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Designated, safe, and secure bicycle parking facilities shall be provided for all applicable uses in compliance with the Santa Clara County Valley Transportation Authority, Bicycle Technical Guidelines, Section III, Bike Parking.

• A. Applicability . Every commercial, industrial, civic, and institutional structure and/or use shall have and maintain loading space(s).

• B. Number and size of loading spaces required . Table 3-3 provides the number and size of loading spaces required.

• C. Location of loading facilities . Required loading facilities shall be located on the same lot or parcel of land with the use in which it is intended to serve. Loading facilities shall be located and designed in a manner that does not interfere with any required parking facilities or internal site circulation. Loading is not permitted in a public alley or street.

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