Chapter 18.183 — PARKING, LOADING AREAS AND VEHICLE STORAGE

Sections:

18.183.010 Purpose. 18.183.020 When off-street parking is required. 18.183.030 Required parking spaces by type of use. 18.183.040 Parking regulations for certain town centers. 18.183.050 Loading space requirements. 18.183.060 Location of required parking and loading facilities. 18.183.070 Parking provided under separate ownership. 18.183.080 Temporary parking facilities. 18.183.090 Mixed or joint use of parking spaces. 18.183.100 Commercial and industrial parking areas in residential districts. 18.183.110 Development and maintenance of parking and loading areas. 18.183.120 Parking spaces accessible to disabled people. 18.183.130 Credit for bicycle and motorcycle parking in commercial and industrial zones. 18.183.135 Required bicycle parking. 18.183.140 Uses not specifcally mentioned. 18.183.150 Parking of certain vehicles prohibited. 18.183.160 Continuing character of obligation. 18.183.170 Assessment districts for parking. 18.183.172 Alternative and shared transportation and electric vehicle parking spaces. – 18.183.174 Electrical vehicle charging stations General station design and installation requirements. 18.183.175 Tandem parking spaces for residential uses.

18.183.176 Mechanical parking systems.

– 18.183.178 Parking garages Above and below grade.

18.183.180 Parking and storage of vehicles and equipment on one- and two-family lots and residential streets.

Prior legislation: Ords. 87, 259, 477, 627, 812, 852, 871, 943, 978 and 982.

The purpose of the regulations in this chapter is to provide for the general welfare and convenience of the public utilizing the various uses located within the city by providing for suitable off-street vehicular parking facilities; to ensure the safe movement of traffic on the public streets; to protect adjacent residential and institutional uses from the adverse impacts of vehicular traffic and parking congestion generated by various uses; to establish minimum standards for the development of parking areas; and to regulate the location and storage of recreational vehicles. Special parking provisions for parcels containing unreinforced masonry buildings are established in Chapter 18.190. (Ord. 1021 § 1, 1-7-75; Ord. 1759 § 88, 1-6-87; Ord. 2105 § 2, 2-14-95. 1990 Code § 8-22000.)

In connection with every use, there shall be provided at the time any building or structure is erected, or is enlarged, or whenever a change in use creates an increase in the number of parking spaces required, off-street parking spaces for vehicles in accordance with the requirements herein.

(a) Where a change of use is involved for any lot, structure or building for which parking was not required by ordinance upon the commencement of use of such lot, structure or building, parking shall be provided for the new use based on the difference between the parking requirements for the new use as set forth in Section 18.183.030 and that which would have been required for the previous use if that use would have been subject to the requirements of Section 18.183.030 at the time of its commencement.

(b) Where a building addition is proposed for an existing building for which parking was not required at the time of construction, the required parking for the addition shall be based on the foor area or other basis of measurement prescribed by Section 18.183.030 for the proposed addition.

(c) Where off-street parking was provided in the absence of any ordinance requirement, such parking shall remain and additional off-street parking shall be provided as required by subsections (a) and (b) of this section. In such instances the overall off-street parking requirements shall not exceed the number of spaces prescribed by Section 18.183.030.

(d) Exemptions.

(1) Single-Family Dwellings. Additions to existing single-family dwellings shall not be required to comply with subsection (b) of this section.

(2) Projects Near Transit-Oriented Development. Pursuant to Cal. Gov’t. Code § 65863.2, as may be amended, minimum automobile parking requirement on a residential, commercial, or other development project shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Cal. Pub. Res. Code § 21155, as may be amended. Any residential parking voluntarily provided within one-half mile of a public transit may be “unbundled,” in that the parking shall not be required by the city to be included in the purchase price of the residential unit.

(e) Exceptions to Projects Near Transit-Oriented Development.

(1) The city may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of qualified public transit, as defined in Cal. Pub. Res. Code § 21155, as may be amended, if the city makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:

(A) The city’s ability to meet its share of the regional housing need in accordance with Cal. Gov’t. Code § 65584, as may be amended, for low and very low income households.

(B) The city’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Cal. Gov’t. Code § 65583(a)(7), as may be amended; or

(C) Existing residential or commercial parking within one-half mile of the housing development project.

(2) Notwithstanding subsection (e)(1) of this section, there shall be no requirement or enforcement of any minimum automobile parking for a housing development project, as defined in Cal. Gov’t. Code § 65589.5, that is located within one-half mile of public transit, as defined in Cal. Pub. Res. Code § 21155, as may be amended, and satisfies any of the following:

(A) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low, or moderate income households, students, the elderly, or persons with disabilities.

(B) The development contains fewer than 20 housing units.

(C) The development is subject to parking reductions based on the provisions of any other applicable law.

(3) An exhibition or conference hall (event center) shall provide parking, as required by this chapter, for employees and other workers. (Ord. 1021 § 1, 1-7-75; Ord. 1759 § 89, 1-6-87. 1990 Code § 8-22002; Ord. 07-2023 § 31, 12-5-23.)

The number of off-street parking spaces required for each use shall be as stipulated in Table 18.183.030. In computing the number of off-street parking spaces required, a fractional space of one-half space or more shall be counted as one space. Unless otherwise specified, “KSF” shall mean 1,000 square feet of gross foor area. The zoning administrator shall determine the required parking for uses not identified in Table 18.183.030, based on the requirements for similar uses.

Table 18.183.030

Required Parking Spaces

Note: No minimum parking is required for a supportive housing development that satisfies the requirements of Cal. Gov’t Code § 65651(a) and is located within one-half mile of a public transit stop.

Table 18.183.030

Required Parking Spaces (Continued)

Table 18.183.030

Required Parking Spaces (Continued)

Table 18.183.030

Required Parking Spaces (Continued)

Recreation, Community, Entertainment, and Public/Quasi-Public Uses

Recreation, Community, Entertainment, and Public/Quasi-Public Uses

Notes:

1 This term defined in Chapter 18.25.

2 Term elaborated in North American Industry Classification System (NAICS) Manual.

3 The special regulations of Chapter 18.190 apply to this use.

4 For multiple dwelling developments, the approval authority may not reduce the parking requirements of Table 18.183.030 where, based upon substantial evidence, there is insufficient off-street parking to meet the needs of the neighborhood. Where there is sufficient off-street parking to meet the needs of the neighborhood, a parking reduction may only be granted by the approval authority in accordance with the provisions of Chapter 18.250.

5 Multiple dwelling1 guest parking spaces shall be designated for “guest parking only.”

6 Repealed by Ord. 06-2023.

7 Mobile home guest parking must be located no further than 400 feet from the mobile home spaces to be served.

8 Based upon a finding by the zoning administrator or his/her designee determining the exact nature of the land use and the related employee density, the required parking may be increased or decreased. Any decrease shall be considered in accordance with the provisions of Chapter 18.250.

9 Mixed-Use Developments.1 On-street parking located along the development’s frontage (e.g., especially along retail frontage) may be counted towards the number of spaces required for the commercial component within the development. The number of parking spaces may be reduced if joint

parking is approved based on the requirements of this section. However, in no case shall the combined required parking for the mixed-use development provide less than the minimum required for the residential use.

(Ord. 1021 § 1, 1-7-75; Ord. 1198 § 1, 9-13-77; Ord. 1483 §§ 1, 2, 12-22-81; Ord. 1509 § 1, 7-13-82; Ord. 1560 § 14, 6-7-83; Ord. 1564 § 4, 6-28-83; Ord. 1759 §§ 90 – 92, 1-6-87; Ord. 1763 §§ 1 – 3, 2-3-87; Ord. 1769 §§ 1, 2, 4-14-87; Ord. 1835 § 2, 9-6-88; Ord. 1958 § 3, 2-5-91; Ord. 1989 § 8, 1126-91; Ord. 2209 § 3, 11-26-96; Ord. 2366 § 4, 1-11-00; Ord. 2398 § 1, 9-12-00; Ord. 2506, Exh. A § 14, 7-22-03; Ord. 2532 § 7, 3-2-04; Ord. 17-2004 § 18, 7-6-04/eff. 1-5-05; Ord. 5-2008 § 16, 4-1-08; Ord. 22-2012 § 9, 12-4-12; Ord. 1-2013 § 5, 1-8-13; Ord. 9-2014 § 26, 3-4-14; Ord. 04-2016 § 30, 3-1-16; Ord. 17-2016 § 26, 9-13-16; Ord. 01-2017 § 15, 1-3-17; Ord. 05-2018 § 11, 3-20-18; Ord. 02-2020 § 22, 1-14-20. 1990 Code § 8-22003; Ord. 09-2020 § 9, 10-6-20; Ord. 05-2021 § 37, 4-20-21; Ord. 06-2023 § 6, 7-11-23; Ord. 07-2023 § 32, 12-5-23.)

(a) Purpose. The city recognizes the standard parking requirements are not always appropriate for areas historically developed in a “Main Street” pattern and can act as a constraint to revitalization if applied strictly. This section is intended to provide alternatives to certain parking standards for specific areas within the Centerville, Irvington, and Mission San Jose town centers.

(b) Applicability. This section shall be applicable to commercial uses (excluding those commercial uses within shopping centers: wherein the primary access to a use is from a Main Street corridor as identified on the General Plan Community Character Element-Corridor Place Types diagram). Where provisions contained in this section are inconsistent with parking provisions of this chapter, this section shall prevail.

(c) Waiver of Parking Requirements – Minor Additions or Intensification of Uses. Parking spaces requirements required for minor building additions or minor changes in building use shall be waived.

A minor building addition is one that would, but for this waiver, require the provision of additional parking spaces comprising less than 10 percent of the number of spaces required for the existing building prior to expansion. A minor change in use is one that would, but for this waiver, require additional parking spaces comprising less than 10 percent of the number of spaces required for the use prior to the change.

For the purpose of applying this subsection on minor additions or minor use changes, the parking required for the existing building or prior use shall be credited to the existing building or prior use whether or not the parking has in fact been provided. This waiver of parking requirements shall only be granted once for a property.

(d) Waiver of Parking Space Requirements – Major Additions to Existing Buildings or New Construction – Zoning Administrator and Planning Commission as Approving Bodies. The zoning administrator may approve reduction or elimination of parking spaces otherwise required for major expansion or change of use of existing building uses or construction of new buildings; provided, that he/she finds that parking has been provided on site and off site within 400 feet of the subject property to the maximum extent feasible and:

(1) There is sufficient on-street parking to accommodate the vehicles used by employees and customers of the business seeking the reduced parking requirement approval; and

(2) The reduced parking requirement will not be detrimental to property within 300 feet of the business seeking the reduction; and, if applicable

(3) The reduction or elimination of parking required for the use change or building expansion or new construction implements, to the extent applicable or desirable, specific side and front yard objectives of the design guidelines adopted for the area.

(4) In no instance can the zoning administrator approve parking reductions where the additional parking otherwise required by this title would exceed 25 percent of the space already provided. Reductions in cases where additional parking otherwise required would exceed 25 percent of the spaces already provided require approval by the planning commission. The planning commission shall make findings established in this section before approving such reduced parking.

In applying this subsection to major additions, major use changes and new buildings, determination of the extent of any reduction of parking shall be based on the best information available as to the parking requirements for the last building use to occupy the lot. Also, the parking required for the existing building or prior use shall be credited to the existing building or prior use whether or not the parking has in fact been provided. (Ord. 2318 § 1, 12-1-98; amended during 2012 reformat; Ord. 08-2017 § 9, 6-6-17. 1990 Code § 8-22003.1.)

Loading areas when provided shall be designed so that parking maneuvers for loading or unloading shall not interfere with traffic on collector or thoroughfare streets or emergency vehicle accessways (EVAWs). (Ord. 1021 § 1, 1-7-75; Ord. 1483 § 3, 12-22-81. 1990 Code § 8-22004.)

(a) The off-street parking facilities required for the uses mentioned in Section 18.183.030 and for other similar uses pursuant to Section 18.183.140 shall be on the same lot as the structure or use they are intended to serve. When practical difficulties, as determined by the zoning administrator, prevent their establishment upon the same or immediately adjacent lot, they may be located within 400 feet of the premises to which the parking requirement pertains, provided such parking area meets all other requirements of this code, except that in commercial and industrial districts, required parking intended for employee parking or patrons of a public assembly use may be located within 700 feet of the premises. In no event shall the required parking for residential dwellings be located elsewhere than on the premises for which such parking is required. The off-street loading facilities

required for the uses mentioned in this chapter, and for other similar uses, shall in all cases be on the same lot as the structure they are intended to serve. Space for required off-street parking and loading shall not occupy any part of any required yard adjacent to a street, except as otherwise provided in district regulations or this chapter. Where open, parking areas may be included as part of a required open space for rear or side yard, subject to other provisions of this chapter and title and as approved through design review permit when parking is being initially developed or modified.

(b) Guest and Camper, Boat, Trailer Parking. Guest parking referred to in Section 18.183.030 shall generally be located near each principal entrance and at other areas deemed appropriate by the approval authority.

Guest spaces shall be marked with the word “guest.” Guest parking space shall not be used by tenants nor shall vehicles other than operational motor vehicle be parked in the spaces. No sign shall be erected restricting guests from parking in properly marked off-street guest spaces. Camper, boat and trailer parking spaces referred to in Section 18.183.030 shall generally be located and screened so as not to be visible from public street, subject to design review permit approval. (Ord. 1021 § 1, 1-7-75; Ord. 12-2008 § 2, 9-9-08; Ord. 9-2014 § 26, 3-4-14. 1990 Code § 8-22005.)

If a use requiring parking space is in one ownership and all or part of the required parking space provided is in another ownership, the property owners involved shall submit a legal agreement approved by the city attorney as to form and content guaranteeing that said required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this chapter. (Ord. 1021 § 1, 1-7-75. 1990 Code § 8-22006.)

Where temporary parking facilities are proposed to accommodate a temporary use or to accommodate a longer term development of property, the reviewing agency may approve alternatives to the standards set forth in Section 18.183.110 through design review permit process provided the following conditions can be met:

(a) The planned temporary improvements shall be designed to address potential environmental issues such as air quality (dust) and storm water quality and quantity.

(b) Any design review permit issued for a temporary facility shall be term-limited.

(c) The property owner shall submit an agreement approved by the city attorney as to form and content guaranteeing that temporary parking spaces shall be removed or replaced by permanent parking facilities within the agreed-upon term. The agreement shall also include any conditions for maintenance and operation of the facility. (Ord. 16-2015 § 41, 6-2-15.)

(a) Where there is a mixed-use development1,3,4 or mixed uses occurring on a single parcel under one ownership, if said mixed uses do not constitute a shopping center as defined under Chapter 18.25, the total requirements for off-street parking shall be the sum of the requirements of the various uses computed separately as specified in this chapter. The off-street parking and loading spaces for one use shall not be considered as providing the required off-street parking and loading space for any other use unless the reviewing agency has authorized the joint use of parking facilities pursuant to this section.

(b) The reviewing agency may authorize the joint use of parking facilities for uses or activities not located in shopping centers as defined under Chapter 18.25 if it finds the criteria listed below are met. The amount of parking spaces required shall be based on the number of criteria met by the proposed project. In no case shall the parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the neighborhood.

(1) The normal hours of operation of such uses or activities do not substantially coincide or overlap with each other; or

(2) The development is located near available on-street parking or other public parking areas; or

(3) Transit alternatives are available near the development; or

(4) For mixed-use developments,1,3,4 residential and commercial parking demand often occurs at different times of the day.

(c) Joint use parking shall be subject to the following limitations and conditions:

(1) No more than 50 percent of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

(2) The applicant shall submit sufficient data to indicate that there is not substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities.

(3) The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the city attorney as to form and content guaranteeing that said required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this chapter. Such instrument, when approved as conforming to the

provisions of this section, shall be recorded by the property owner in the office of the county recorder and a copy thereof filed with the planning division.

• (d) Reviewing Agency for Mixed or Joint Use Parking.

(1) Mixed-Use Developments.1,3,4 The reviewing agency shall be in accordance with the reviewing agency specified in Chapter 18.190 for mixed-use developments.

(2) All Other Uses. The reviewing agency for all other joint use parking arrangements shall be the planning commission. (Ord. 1021 § 1, 1-7-75; Ord. 1560 § 14, 6-7-83; Ord. 1619 § 4, 8-14-84; Ord. 1763 § 4, 2-3-87; Ord. 17-2004 § 19, 7-6-04/eff. 1-5-05. 1990 Code § 8-22007.)

A parking area for a commercial and industrial use located on a separate lot to be used exclusively by passenger vehicles may be permitted in residential district if authorized by the planning commission through the approval of a conditional use permit. Said parking area shall be subject to the following minimum requirements in addition to those elsewhere specified in this title:

(a) Accessibility of Parking Area. The parking area shall be accessory to one or more uses located on an immediately adjacent lot and access to said lot shall not occur from the residential street.

(b) To Be Used Only for Parking Passenger Automobiles. Said parking area shall be used solely for the parking of passenger automobiles.

(c) Signs. No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking areas. Said signs shall not exceed four square feet in size and the number and location shall be approved by the zoning administrator prior to installation.

(d) Additional Requirements or Conditions. In addition to the above requirements, such parking area shall comply with such further requirements or conditions as may be prescribed by the planning commission for the protection of the residential district in which such parking lot is to be located.

(e) Overnight Parking Prohibited – Exception. Overnight parking is prohibited unless said parking lot is completely enclosed by a barrier approved by the zoning administrator and is locked and limited to passenger automobiles. (Ord. 1021 § 1, 1-7-75; Ord. 9-2014 § 26, 3-4-14. 1990 Code § 8-22008.)

Every lot hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:

(a) Screening. The purpose of this subsection is to provide adequate visual screening of vehicles from adjacent residential lots and from the public street. The approval authority shall implement such screening by requiring walls and landscaping in accordance with the following standards:

(1) Any off-street parking and circulation area for more than five vehicles utilizing a common access which is adjacent to a side or rear lot line of a lot in a residential district or designated for residential use on the general plan shall be screened by a wall not less than six feet nor more than eight feet in height. The approval authority may authorize a wall not less than four feet in height, when grade differentials between the properties indicate that a sixfoot wall would not provide a greater visual screening than a four-foot wall.

(2) Any off-street parking and circulation area for more than five vehicles utilizing a common access and located within 50 feet of a public street shall be screened from the public street by landscaping and a wall no higher than three feet in height.

(3) A landscaped berm equal in height to a required wall may be substituted for a wall if no slope is steeper than four feet horizontal to one foot vertical and drainage from said slope is directed away from paved areas or sidewalks.

(4) All walls required by this chapter shall be of masonry construction of a decorative design. The wall separating a parking area from a public street shall be uniformly perforated by openings not less than eight inches by eight inches in size for approximately 30 percent of the wall facade to permit police surveillance. The term “masonry construction” as used herein shall mean a wall composed of masonry, concrete or rock or masonry and wood materials of a minimum two-inch thickness, with the masonry constituting more than two-thirds of the wall and the wood serving as an accent material.

(5) The approval authority may delete the wall requirements when the parking area is to be used for commercial displays as provided for in the zoning district.

(6) Where a required wall between a parking area and a public street is pierced by access drives, the wall shall extend along the driveway a minimum of eight feet.

(7) Where a wall is required to screen a parking and circulation area from a public street, the wall shall be located immediately in front of said parking and circulation area.

(8) In lieu of a required masonry wall pursuant to subsection (a)(2) of this section, a landscaped treatment may be substituted in accordance with the following requirements:

The landscaping shall be designed and constructed to provide a basic screen of five-gallon size shrubs, tall growing broadleaf evergreen or conifer type, formally or informally arranged depending on the size and configuration of area for landscaping. In addition, a ground cover, and filler shrubs,

minimum five-gallon size, broadleaf or conifer types, shall be used to achieve a full, complete, interesting planting when space permits. Minimum 15gallon size trees shall also be used to attain some vertical mass. Trees may be planted in small lineal groupings or straight line formal arrangement and shall be spaced at a maximum average distance of 25 feet.

All planting herein described shall be watered by an automatic irrigation system for which complete plans shall be drawn and submitted for approval.

The planting plan, showing type, size and botanical name, shall be subject to approval by the approval authority.

(9) Other provisions of this section notwithstanding, where the adjacent residential district parcel is designated on the general plan for a use other than residential, the approval authority may waive the requirement that the screening wall be of masonry construction, and where such parcel is not developed for residential use, the approval authority may waive the screening wall requirement entirely.

(b) Minimum Distances and Setback.

(1) No part of any parking area shall be situated within any yard area adjacent to a street unless specifically permitted by the regulations governing a particular district. In the C-O, C-N, C-G, C-R, and industrial districts, parking may occupy the yard adjacent to street to within 10 feet of the property line.

(2) A minimum 10-foot-wide landscaped area shall be planted with fast growing trees, shrubs and ground covers between any nonresidential offstreet parking or circulation area and any lot line abutting lots in residential districts or lots designated for future residential use on the general plan.

(3) Where no other yard area is required adjacent to the public street, a minimum setback of six feet from the street lot line shall be required and shall be landscaped.

(4) In all instances where the approval authority determines that parking and unparking movements may occur from and into the street right-of-way, the parking space causing such movements shall have a minimum setback of 15 feet, which shall be landscaped.

(c) Surfacing. Every off-street parking, loading and driveway area shall be paved with asphaltic or Portland cement concrete and, except for singlefamily and two-family developments on individual lots, shall be bounded by concrete curbs six inches in height. The area shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles. The foregoing requirements with respect to surfacing shall not apply to a parking area in any O-S district if said parking area is more than 500 feet distant from any R district, temporary parking facilities as provided in Section 18.183.080, or corporation and recreational vehicle storage yards, except that a dustless surface shall be provided in every case; provided further, that a parking area, pursuant to Section 18.183.180, located in a side yard or rear yard of a lot developed with a single-family or two-family dwelling shall not be subject to the requirements of the preceding subsection.

(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from the adjoining lot in any R district and public rights-of-way.

(e) Landscaping.

(1) Landscaping and paved areas required by this chapter shall be maintained in good condition. All landscaped areas shall be provided with an approved irrigation system approved by the approval authority.

(2) Large areas of parking pavement shall be given visual relief by interspersion of landscaped planters within parking fields and at the ends of parking aisles. Where carports are provided, the length of the carport shall not exceed 10 spaces and the spacing between carport roof overhangs shall be at least 12 feet, except as provided in Section 18.185.050(e).

(3) A landscaped planter consisting of a minimum width of six feet shall be installed contiguous to all parking or circulation areas except for that portion required for ingress and egress and except where the front of a parking space abuts existing or future adjoining parking areas or where landscaped required yards are provided. Where parking spaces along a perimeter are at an angle of 60 degrees or less, the areas directly in front of each space may be included in the required six-foot-wide planter.

(4) Parking areas shall be provided with trees installed in planters with landscaped areas free of inorganic material, measuring not less than six feet wide in every dimension and with a minimum of 48 square feet of landscape area. The trees installed shall be a minimum 15-gallon size, and required trees shall all be of a species that will, at maturity, become large canopy trees. The required number of trees to be installed shall be established as follows:

lanters with landscaped areas free of inorganic material, measuring not less than six feet wide in every dimension and with a minimum of 48 square feet of landscape area. The trees installed shall be a minimum 15-gallon size, and required trees shall all be of a species that will, at maturity, become large canopy trees. The required number of trees to be installed shall be established as follows:

(A) Parking along the perimeter of a site, one tree per three spaces. Such trees shall be distributed along the perimeter. Where parking space under separate ownership are contiguous to each other along a property line, the number of such required trees on the subject property may be decreased by the landscape architect if (s)he determines that the visual effect of such trees on both properties will be substantially similar to that which would be achieved by providing one tree per three spaces on only one side of the property line.

(B) Parking not located along the perimeter of the site, one tree per 10 spaces. Such trees shall be evenly distributed within the parking area in locations other than on the perimeter.

(f) Wheel Stops. The use of wheel stops is generally discouraged in favor of project designs that prohibit a vehicle from obstructing a sidewalk or making contact with a building wall or fence. When determined necessary by the approval authority, wheel stops shall be installed at least 30 inches

from an adjacent sidewalk, fence or wall. Such stops shall be either a concrete piece at least 36 inches long and affixed to a foundation by epoxy cement, or a continuous concrete curb.

• (g) Parking Area Details.

(1) Open parking space dimensions for standard cars shall not be less than nine feet by 19 feet, with the exception that the space may be reduced to nine feet by 17 feet when the adjacent landscape planter is increased by two feet to allow for the overhang of the vehicle.

Open parking space dimensions for compact cars shall not be less than eight feet by 16 feet, with the exception that the space may be reduced to eight feet by 14 feet when the adjacent landscape planter is increased by two feet to allow for the overhang of the vehicle.

Compact car spaces may substitute for 35 percent of the required parking spaces; provided, that in residential developments, the compact car allowance may be applied to open parking spaces only. All compact car spaces shall be signed and readily identified.

(2) An inside wheel radius of at least 10 feet shall be provided in all changes in driveway aisle direction, except the inside wheel radius shall be at least 20 feet at the intersection of two major driveway aisles or when the approval authority determines that such radius is necessary for emergency vehicle movements.

(3) Enclosed or covered parking space dimensions shall be not less than nine feet by 19 feet; single openings shall not be less than eight feet wide; double (unobstructed) openings shall not be less than 16 feet wide.

(4) The following details shall be considered minimum requirements: the approval authority may, when deemed necessary to accommodate an attendant use, due to lot configuration or other physical limitations, adjust the aisle width, the depth of space or the width of spaces; provided, that the resultant parking arrangements will provide the service and ease of access equal to the minimum requirements.

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MINIMUM DIMENSIONS BASED ON A NINE-FOOT BY 19-FOOT PARKING SPACE

(Except for 0 Degree Parking Angle)

*“E” as “D” at 45°

(h) Loading Space and Screening. No such space shall be located closer than 50 feet to any lot in a residential district or designated for future residential use on the general plan or institutional uses, unless such space is wholly within a completely enclosed building or screened by a fence or wall not less than eight feet in height.

(i) Plan of Required Off-Street Parking and/or Loading Areas. Plans for parking and loading spaces shall be submitted to city staff for approval as part of a design review permit and subsequent building permit for construction. The zoning administrator shall be the final approval authority in determining compliance with this chapter prior to issuance of a building permit. All plans shall be clearly dimensioned to indicate adequate space for parking maneuvers, ingress and egress to and from public right-of-way and to and from the parking and loading areas. The plans shall also contain all required screening, landscaping wheel stops, lighting and other details as required by this chapter.

termining compliance with this chapter prior to issuance of a building permit. All plans shall be clearly dimensioned to indicate adequate space for parking maneuvers, ingress and egress to and from public right-of-way and to and from the parking and loading areas. The plans shall also contain all required screening, landscaping wheel stops, lighting and other details as required by this chapter.

(j) Access to Parking Spaces. There shall be adequate provisions for ingress and egress to all parking spaces, bicycle and motorcycle storage spaces. There shall be provided an access drive not less than 12 feet in width in the case of one-way traffic, and not less than 18 feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder, in such manner as to secure the most appropriate development of the property in question. Access drives serving commercial/industrial uses shall not be permitted in any R district. Ingress and egress across public right-of-way shall be made possible without the necessity of backing over the same except for property devoted exclusively for one- and two-family dwellings located on individual lots. One- and two-family dwellings not served by private vehicle access ways shall have a driveway with a minimum length of 20 feet measured from the public right-of-way.

(k) Driveways Serving Single-Family Residences. Lots containing one single-family home shall be limited to one driveway access point to a street that serves the lot. Exceptions to this standard may be considered by design review permit only when the approval authority can find that such additional access point(s) are needed to provide public safety access that cannot be reasonably accomplished through alternative site plans.

(l) Maintenance. Standards and conditions of this section shall be maintained and all surfacing and lighting shall be in good repair; landscaping shall be free of weeds and properly watered; and walls and screening kept in good repair, free of broken or missing parts or graffiti. (Ord. 1021 § 1, 1-7-75; Ord. 1075 § 1, 11-25-75; Ord. 1110 § 1, 8-3-76; Ord. 1120 § 17, 11-2-76; Ord. 1136 §§ 1, 2, 1-25-77; Ord. 1198 § 2, 9-13-77; Ord. 1386 § 75, 6-17-80; Ord. 1456 § 4, 8-4-81; Ord. 1483 § 4, 12-22-81; Ord. 1509 §§ 2, 3, 7-13-82; Ord. 1541 § 1, 2-1-83; Ord. 1560 § 14, 6-7-83; Ord. 1759 §§ 93 – 95, 1-687; Ord. 2481 §§ 6 – 8, 7-23-02; Ord. 2504 § 10, 7-15-03; Ord. 5-2008 § 16, 4-1-08; amended during 2012 reformat; Ord. 9-2014 § 26, 3-4-14; Ord. 162015 § 42, 6-2-15; Ord. 04-2016 § 31, 3-1-16; Ord. 17-2016 § 27, 9-13-16; Ord. 05-2018 § 12, 3-20-18; Ord. 23-2018 § 20, 10-2-18; Ord. 05-2021 § 38, 4-20-21. 1990 Code § 8-22009.)

Parking spaces accessible to disabled people shall be included among the parking spaces provided for any use, and shall be designated as such, in the location and manner required by the adopted building code. (Ord. 1509 § 4, 7-13-82; Ord. 2504 § 11, 7-15-03. 1990 Code § 8-22009.5.)

Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial districts, parking spaces otherwise required pursuant to Section 18.183.030 may be omitted in accordance with the following provisions and subject to the following limitations:

(a) One parking space may be omitted for each eight bicycle spaces provided.

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

(c) Bicycle parking spaces shall comply with design guidelines of the bicycle master plan. Bicycle spaces shall be located where access to such spaces is not hampered by physical barriers or parked vehicles.

(d) Motorcycle spaces shall measure four feet by eight feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.

(e) In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking spaces. (Ord. 1021 § 1, 1-7-75; Ord. 22-2012 § 11, 12-4-12. 1990 Code § 8-22010.)

Bicycle parking is required for all projects that require automobile parking as set forth in Table 18.183.135.

Table 18.183.135

(Ord. 22-2012 § 12, 12-4-12. 1990 Code § 8-22010.5.)

The provisions for parking and loading spaces for uses not specifically mentioned in Section 18.183.030 shall be as determined by a finding by the commission based on uses which create similar demands for off-street parking and loading spaces. (Ord. 1021 § 1, 1-7-75. 1990 Code § 8-22011.)

No commercial vehicle in excess of three tons gross unladen vehicle weight (except pickup trucks) shall be parked or stored on any lot in a residential district or an S district designated for residential use in the general plan; provided, however, that this section shall not prohibit temporary parking of any such vehicle while making pickups, deliveries, or providing services for the residents of the lot on which the vehicle is parked. (Ord. 1021 § 1, 1-7-75. 1990 Code § 8-22012.)

The schedule of requirements for off-street parking space and off-street loading space of this chapter shall be a continuing obligation of the owner of the lot on which the use or uses requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any lot affected by this chapter to discontinue or dispense with, or to cause the discontinuance of, the required vehicle parking or loading space, without establishing alternative parking or loading space which meets with the requirements of this chapter or for any person to use such lot without acquiring such land for vehicle parking or loading space which meets the requirements of and is in compliance with this chapter. Any revision to a parking area, its landscaping, lighting, marking or access drives shall be subject to the city staff review and approval. The zoning administrator shall have final approval authority in determining compliance with this chapter prior to issuance of a building permit. (Ord. 1021 § 1, 1-7-75; Ord. 9-2014 § 26, 3-4-14. 1990 Code § 8-22013.)

(a) Exemptions. Whenever, pursuant to statute, public off-street parking facilities are established by means of a special assessment district, or by any other means which the city council may determine, all existing buildings and uses, and all buildings erected or uses established thereafter within the special assessment district, or other district which the city council may have determined, shall be exempt from the requirements of this chapter for privately supplied off-street parking facilities except as hereinafter provided.

(b) Additional Off-Street Parking Facilities. The planning commission may require additional off-street parking facilities in connection with the occupancy or use of a building in an area which was included in a special assessment district, or in any other district which the planning commission may have determined to be served by public off-street parking facilities in the following cases:

(1) Wherever the use of a building erected after the establishment of the special assessment district in such an area, or wherever the establishment of public off-street parking facilities, creates the need for an unusual or exceptional amount of off-street parking;

(2) Wherever alterations, expansion or change in use of a building, occurring after levying of a special parking assessment in such an area, or occurring after the establishment of public off-street parking facilities, creates a need for off-street parking spaces in excess of the spaces required for such a building or use before the alteration, expansion or change in use;

(3) No additional parking will be required for the use of buildings, alterations to buildings, or an expansion or change in use if such conditions were anticipated in the formulations of the district and the establishment of off-street parking facilities. (Ord. 1021 § 1, 1-7-75; Ord. 2423 § 18, 4-10-01. 1990 Code § 8-22014.)

(a) Parking spaces or their land area equivalent shall be made available for alternative and shared transportation, as provided in subsections (a)(1) and (a)(2) of this section. The applicant shall submit a letter of intent from a certified car share parking organization for the parking spaces prior to issuance

of a building permit. The planning manager may waive the car share parking requirement if the applicant demonstrates they have made all reasonable efforts to enter into a contract with a certified car share parking organization and provides written evidence of sufficient outreach notifying them of the pending availability of parking spaces. Waiver of car share parking requirement shall not reduce the total number of required parking spaces for a given project. The parking spaces or land area equivalent used for this purpose may be counted toward the minimum required motorized vehicle parking spaces for a project, but shall not count towards maximum parking limits for a project. Shared bicycle or scooter parking, staging, or storage areas provided pursuant to this section shall be in addition to and not credited toward the minimum bicycle parking that is otherwise required for the project per Section 18.183.135. Parking or staging and storage areas shall be clearly marked for its intended purpose. When required by the applicable zoning district regulations, the following off-street car share parking space ratios shall apply:

(1) Residential Uses.

(A) Twenty-four dwelling units or less: none.

(B) Twenty-five to 99 dwelling units: one full-sized parking space.

(C) One hundred or more dwelling units: two full-sized parking spaces, plus one additional space for every 100 dwelling units over 100.

(2) Nonresidential Uses.

(A) For projects that provide 49 or fewer nonresidential parking spaces: none.

(B) For projects that provide 50 to 99 nonresidential parking spaces: one full-sized parking space.

(C) For projects that provide 100 or more nonresidential parking spaces: one full-sized parking space, plus one additional space for every 100 nonresidential spaces over 100.

No parking or staging and storage areas shall be located within a required path of travel, emergency vehicle access easement, or parking lot drive aisle, or other location that conflicts with another use or the circulation pattern of the site.

(b) Electrical vehicle parking spaces shall be provided for all uses in accordance with the requirements of the California Green Building Standards Code, and any local amendments adopted therein, and all such spaces may be counted toward the minimum required parking spaces. All electric vehicle spaces shall be provided with chargers unless the zoning administrator determines that the circumstances of the particular development (e.g., lower than average number of employees or housing affordability level) does not warrant installation of chargers. In such instances, the minimum requirement shall be to provide electrical conduit and circuits for potential future installation. (Ord. 20-2012 § 6, 10-2-12; Ord. 04-2016 § 32, 3-1-16; Ord. 27-2016 § 27, 12-6-16; Ord. 23-2018 § 21, 10-2-18; Ord. 02-2020 § 23, 1-14-20; Ord. 01-2025 § 15, 1-7-25. 1990 Code § 8-22015.)

Charging stations shall meet each of the following requirements:

(a) Location. The installation of a charging station shall not be within the required parking space dimension; and, where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible path of travel to a building entrance, the charging station equipment must be located so as not to interfere with the pedestrian circulation path.

(b) Electrical Vehicle Charging Station Equipment. Charging station outlets and connector devices generally shall be no less than 36 inches or no higher than 48 inches from the top of surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above ground or paved surface.

(c) Maintenance. Charging station equipment shall be maintained in all respects including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. (Ord. 20-2012 § 6, 10-2-12. 1990 Code § 8-22015.1.)

(a) Required parking spaces for residential uses may be accommodated by tandem parking spaces in the following zoning districts: D, R-1, R-2, R-3, TOD, and WSI. Additionally, they may be authorized as part of a density bonus application; however, in R-1, R-2, and R-3 districts tandem parking spaces may only be considered through a discretionary design review permit and shall be limited to no more than 30 percent of the required parking, subject to the approval authority’s discretion when considering specifics of the proposed site layout and design. For single-family dwellings, no more than one-third of required parking spaces may be tandem, subject to the approval authority’s discretion when considering specifics of the proposed site layout and design.

(b) Tandem spaces shall serve only one dwelling unit. (Ord. 20-2012 § 6, 10-2-12; Ord. 05-2018 § 13, 3-20-18; Ord. 02-2020 § 24, 1-14-20; Ord. 052021 § 39, 4-20-21; Ord. 06-2023 § 7, 7-11-23. 1990 Code § 8-22016.)

Required parking spaces for all uses may be accommodated through the use of automated mechanical parking systems when included within a building or parking garage, subject to the requirements below and the approval authority’s discretion when considering specifics of the proposed site

layout and design. Mechanical parking systems in a private garage, such as that serving a single-family house or a townhouse, shall serve only one residential unit on the subject property. The types of mechanical automobile parking lift systems that are covered by this section are: two-post lifts, four-post lifts, and scissor lifts, though other types of mechanical automobile parking lift systems may be considered on case-by-case bases, by discretion of the planning manager. Mechanical automobile parking lifts must satisfy the following:

(a) The platform of the mechanical lift on which the automobile is first placed shall be individually and easily accessible and shall be placed so that the location of the platform and vehicular access to the platform meets the accessibility requirements of the adopted building code.

(b) Mechanical automobile parking lifts shall maintain the minimum clear width between vertical supports and minimum stall heights per manufacturer’s specifications.

(c) The minimum required ceiling clearance (above the required minimum stall height of the topmost stall) shall be 18 inches for sprinklers, or asneeded for roll-up doors.

(d) Mechanical automobile parking lifts must provide adequate and unobstructed door clearance for a vehicle operator, passenger, or lift attendant to exit a vehicle per manufacturer’s specifications.

(e) Mechanical automobile parking lifts shall be arranged in such a manner as to allow full operation of the sprinkler system.

(f) No parking spaces are permitted at the front of mechanical automobile parking lifts. Tandem parking within the path of travel to and from the driveway or vehicle entrance and the mechanical lift is not allowed.

(g) The parking area shall be capable of accommodating required on-site queuing spaces for the shuffling of cars. The queuing spaces shall be arranged so that the required driveway access aisle is not reduced to less than 10 feet wide. Each of the queuing spaces shall be minimum eight feet wide and 18 feet long.

(h) A “Covenant and Agreement Regarding Maintenance of Vehicle Lift System” prepared to the satisfaction of the planning manager shall be recorded with the Alameda County recorder’s office to maintain the vehicle lift system in operable condition at all times.

(i) Installation of the mechanical automobile parking lift shall comply with the applicable provisions of the adopted building code.

(j) Mechanical automobile parking lifts shall comply with all requirements of the adopted fire code and the Fremont fire department.

• (k) Building permits shall be obtained for all mechanical and electrical work.

(l) The mechanical automobile parking lift shall be installed on a level surface. The supporting structure and connections to the supporting structure shall be designed by the state of California licensed civil or structural engineer. The weight of the automobiles shall be included in determining the design seismic load.

(m) Mechanical automobile parking lifts are not permitted within required front, side, or rear yards. (Ord. 20-2012 § 6, 10-2-12; Ord. 05-2021 § 40, 4- 20-21; Ord. 01-2025 § 16, 1-7-25. 1990 Code § 8-22016.1.)

Parking garages shall meet the following standards and guidelines:

(a) Stalls and aisles shall be designed such that columns, walls, or other obstructions do not interfere with normal vehicle parking maneuvers. All required stall and aisle widths shall be clear of such obstructions.

(b) The required stall widths shall be increased by one-half foot for any stall located immediately adjacent to a wall, whether on one or both sides.

• (c) Dead-end aisles shall be avoided to the greatest extent possible.

(d) All parking garages shall be designed so that no vehicle needs to back out into or over a public street or sidewalk.

(e) All parking stalls shall have a vertical clearance of not less than seven and one-half feet. Accessible parking stalls and access to such stalls must meet the requirements of the vertical clearance as outlined in the building code.

(f) Requirements for parking garage design, parking stall dimensions, internal layout, turning radii and pavement sloping, vehicle and pedestrian circulation, and other design features will be subject to design review by the applicable approval authority for the project. (Ord. 20-2012 § 6, 10-2-12; Ord. 9-2013 § 4, 9-10-13. 1990 Code § 8-22017.)

(a) Parking and Storage Regulated – General Provisions.1

(1) General. The parking and storage of vehicles and equipment upon certain residential lots shall be governed by the regulations prescribed in this section (in addition to other applicable provisions of this chapter and title).

(2) Definitions.2 Several phrases or terms used in this section are defined in Chapter 18.25, including the term “vehicle,” which is one of two major categories of personal property regulated pursuant to this section. For the purposes of this section, the definition of those terms may be expanded to include the following explanation. Included in this section are definitions of terms which are considered pertinent only to this section and therefore would not be mentioned in Chapter 18.25. In the event there is a conflict between the definition listed in Chapter 18.25 and this section, the definitions shown in this section shall prevail.

(A) The other major category of personal property regulated is “equipment,” which is not defined in Chapter 18.25 but for the purposes of this section is defined as follows:

“Equipment” shall mean any large item of nonvehicular personal property owned or possessed by an occupant of a single-family or two-family dwelling, which the occupant may desire, for convenience, to store on the lot the dwelling is located, but which item is normally and principally transported for use off the lot upon a trailer or other vehicle, and is not used, by the very nature and utility of the item, in connection with customary accessory residential uses on the lot.

Included in the meaning of “equipment” are such large items of equipment as campers, boats, hang gliders, ice boats, air gliders and other aircraft, physically capable of being located on the lot in conformance with the provisions of this section, and which may be legally transported on streets upon a trailer or motor vehicle. (Such equipment is commonly, but not necessarily or exclusively, used for recreational purposes.) Also included are large items of equipment such as commercial type trash bins and containers, which are legally transportable on vehicles and are used on the lot for temporary purposes thereon related to the residential use of the lot.

The phrase “large item” means, to the extent that the examples given herein do not define the phrase, an item which is not smaller in length or general size or bulk than any vehicle which may be legally licensed to be driven or drawn on the streets.

Excluded from the meaning of “equipment” are household goods and other personal property maintained on the lot and which are ordinarily accessory to the principal residential use of a dwelling on a lot. However, use of the front yard as a storage area for household goods and other personal property may constitute a violation of the Fremont Municipal Code.

(B) “Front yard” shall mean an open space area which complies with the minimum front yard requirement of the district in which the lot is situated.

(C) “Extended driveway” shall mean the area located between the existing driveway and the closest side property line and adjacent to the public right-of-way, provided the area is permanently surfaced for use as a parking area. The extended driveway area shall be subject to all limitations set forth in this chapter applying to driveways and shall be otherwise referred to as “driveway.” This definition shall not include the area of any lot abutting a side street lot line and adjacent to the public right-of-way in front of the property. The extended driveway area may intrude into the side yard for a maximum distance of 10 feet, provided landscaping is used as a buffer between the extended driveway area and the adjacent lot and street. Use of the side yard in this circumstance is not exempt from the setback requirements for a side yard parking area.

(D) “One-car garage,” “two-car garage,” “three-car garage,” and so forth, shall mean a covered parking space up to 250 square feet in foor area and including an unobstructed, accessible nine-foot by 19-foot space for the parking of each passenger vehicle intended to park therein, within a private garage. Private garages with mechanical lift systems pursuant to Section 18.183.176 shall be considered a one-car, two-car, three-car garage, and so forth based on the quantity of individual vehicle lift platforms meeting the requirements of Section 18.183.176 and any unobstructed, accessible ninefoot by 19-foot surface parking spaces therein.

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(3) Administrative Regulations.3 The city manager may establish supplemental administrative regulations to aid in the administration and enforcement and to carry out the purposes and intent of the provisions of this section.

(4) Violation. No person shall violate any provision of this section or of any administrative regulation established thereunder.

(b) Definitions.

(1) Residential District Lots. Any lot developed with a single-family or two-family dwelling in any residential district is subject to all the provisions of this section applicable to lots.

(2) Residential Streets. Any street abutting a block upon which is situated one or more lots abutting such street, developed with a single-family or two-family dwelling in a residential district. For the purposes of this section, “street” includes “alley.”

(3) (A) Nonconforming Residential Lot Use. Any lot developed with a building used for single-family or two-family dwelling purposes (whether or not such building was originally designed as a dwelling or is used exclusively as a dwelling), and which lot is not located in a residential district, is not adjacent to any other lot in a residential district, and does not abut a residential street, is subject only to certain provisions of this section, as follows:

(i) If the lot is not designated for residential use on the general plan, any parking or storage of vehicles and equipment in a side or rear yard of the lot shall conform with the provisions of subsection (d) of this section prohibiting parking or storage within five feet of any door, window or other opening.

(ii) If the lot is designated for residential use in the general plan, parking and storage in a side or rear yard shall conform with all the provisions of subsection (d) of this section, and any other improvements constructed at any location on the lot for parking and storage shall conform to all regulations which would be applicable to the lot if located in a residential district.

(iii) If the lot abuts a street abutting a block upon which is situated one or more other lots, abutting such street, developed with a single-family or twofamily dwelling in a residential district, then such (nonconforming residential use) lot is subject to the provisions of this section applicable to driveway parking (regardless of whether such lot is or is not designated for residential use in the general plan).

(B) The limited application of the provisions of this section to nonconforming residential uses shall terminate and parking and storage on the lot shall conform with all the provisions of this section within 90 days of the occurrence of one of the following events:

(i) A lot or lots adjacent to the nonconforming lot becomes zoned to a residential district;

(ii) The nonconforming lot is itself rezoned to a residential district.

Nothing herein shall limit or change the application of district regulations applicable to the lot, or limit or change the nonconforming status of the residential use on the lot.

4 (c) Garages and Carports. Any vehicle and any equipment may be parked or stored within a private garage or carport. If both a carport and a garage are located on the site, vehicles and equipment which are required to be screened pursuant to this section shall be stored or parked only in the garage.

All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of not less than seven feet above the finished floor to any ceiling, beam, pipe or similar obstruction. Private garages with mechanical lift systems shall meet all manufacturer specifications and adopted building and fire code requirements. All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of eight feet two inches for accessibility to parking spaces for persons with physical disabilities.

(d) Side and Rear Yards.

(1) Any vehicle and any equipment may be parked or stored within a side or rear yard parking and storage area, subject to the conditions and limitations set forth in this subsection.

(2) Regardless of location, no vehicle or equipment shall exceed the height applicable to an accessory structure.

(3) No vehicle or equipment shall be parked or stored within any distance and space between the vehicle or equipment and any door, window or other opening of the dwelling which provides light, air, entrance to or exit from the dwelling necessary to or serving significantly the health, safety and general welfare of occupants of the dwelling or lot. Unless administrative regulations or findings made thereunder permit otherwise, the distance and space to be maintained shall be five feet, determined by measurement from the nearest edge of each such opening to the nearest point of the vehicle or equipment.

(4) The ground area of any such parking and storage area (or if there is more than one such area, the total ground area of all such parking areas) shall not occupy more than 20 percent of the required rear yard area prescribed by the district and other regulations of this title applicable to the lot; provided, that no part of the required rear yard of a through lot shall be occupied if the rear lot line abuts a street, unless such street is an alley.

(5) No vehicle or equipment shall be parked or stored in any part of the required street side yard (of a corner lot) prescribed in the district and other regulations of this title applicable to the (corner) lot.

(6) No vehicle or equipment shall be parked or stored within five feet of the rear lot line or within three feet of the side lot line; provided, that such distance or space clearance requirements shall not apply where a wall, of one-hour fire-resistive material, is constructed on the lot line adjacent to the parking area or between the parking area and the lot line, subject, however, to the screening requirements of subsection (f) of this section, and any height limits for walls applicable at the location of such wall.

(7) Any vehicle or equipment parked or stored in a side or rear yard shall be screened from adjacent lots and streets pursuant to subsection (f) of this section.

5 (e) Driveways.

(1) The following vehicles or equipment may be parked or stored on a driveway:

(A) Motor vehicles not exceeding 25 feet in length, subject to the limitations of this subsection.

(B) A motor vehicle used solely by a resident who is physically disabled, notwithstanding the vehicle length limitations specified in this section, based on the following criteria, subject to the review and approval of the chief of police or designee:

(i) The vehicle in question is a primary source of transportation for a physically disabled resident. A vehicle designated as the primary source of transportation shall be a vehicle which is in use by the physically disabled resident for the majority of the time in a seven-day period;

(ii) When parked on the driveway, the vehicle is contained wholly within the confines of the driveway and does not overhang into the public right-ofway and other areas used by the general public;

(iii) The resident must be assigned and have in possession a placard obtained from the Department of Motor Vehicles stating that the vehicle is being driven by a physically disabled person. Such placard must be prominently displayed at all times on the vehicle when the vehicle is parked on the driveway.

(iv) The vehicle shall comply with the location restrictions of this section.

(C) Construction dumpsters or commercial type trash bins which are used on the lot for short periods of time due to construction or general cleanup taking place on the lot. The storage of the dumpster or trash bin on the driveway shall not exceed seven days in a 30-day time period, unless the dumpster is required for ongoing construction done under a valid building permit. In the latter case, such dumpster shall be removed five days after final inspection. In no case shall the location of the dumpster or trash bin on the driveway interfere with access to the lot or dwelling. When stored on the driveway, the dumpster or trash bin is to be contained wholly within the confines of the driveway and not overhang into the public right-of-way and other areas used by the general public.

(2) The following shall not be parked or stored upon a driveway: any motor vehicle exceeding 25 feet in length, any commercial vehicle or motor truck unless such vehicle is a passenger vehicle, any nonmotorized vehicle (attached or unattached to a motor vehicle), any equipment; provided, that any vehicle and any equipment may be temporarily parked or stored upon a driveway for the purposes of loading or unloading of persons or personal property, or for the preparation of the vehicle or equipment in connection with the commencement of or return from a planned trip, outing or vacation. No such parking or storage shall extend beyond two consecutive days, nor more than three days during any seven-day period.

(3) Location Restrictions. No vehicle or equipment or portion thereof shall be parked or stored within any part of a front yard, or street side yard (on a corner lot), which is not a driveway. No vehicle or equipment shall be parked or stored in a manner such that a portion thereof overhangs any part of a front yard, or street side yard (on a corner lot), which is not a driveway.

Vehicles and equipment shall be parked, placed or stored on a driveway so that the side of such vehicle or equipment is substantially parallel to the edge of the driveway.

No vehicle or equipment shall be parked or stored upon any part of a driveway, commencing at a front or side street lot line, extending into any side yard area beyond or behind the side of the principal building on the lot facing the street from which the driveway commences. However, the parking area as defined as an extended driveway in this section shall be excluded from this limitation.

No vehicle or equipment shall be parked or stored on any part of an extended driveway within three feet of the side lot line.

No vehicle or equipment shall be parked or stored upon a driveway commencing at a rear lot line (on a through lot), unless such driveway provides the sole vehicular access to the lot, in which event parking or storage in any part of such driveway extending into any side yard area shall be subject to the limitations on driveways commencing at a front or side street lot line.

Subject to the foregoing limitations of this subsection applicable to side yard parking, if the driveway extends beyond and outside the required front yard, or street side yard (on a corner lot), or rear yard (on a through lot), vehicles and equipment parked or stored on such driveway shall be parked or stored outside such required yard area to the extent physically possible.

(f) Screening.6

(1) Any vehicle or equipment parked or stored within a carport or parking area located in a side or rear yard shall be effectively screened from adjacent lots and streets by a structure, fence, wall, gate, door, hedge, trees, other plant material, landscaping or combination of such items at least five feet high and so constructed and maintained that it minimizes visibility of the vehicle or equipment from any street or adjoining property; provided, that the location and height of any fence, wall or hedge at lot lines, and of any structure upon the lot, shall conform to all other regulations of this title applicable to the lot, including Chapters 18.153, 18.170 and 18.171.

(2) The screening requirements of subsection (f)(1) of this section shall be applicable to any vehicle or equipment parked or stored in a carport located in a front yard, which vehicle or equipment is not permitted to be regularly parked on a driveway in such front yard pursuant to subsection (e) of this section.

(3) Any door, gate or other enclosure to a private garage, carport or parking area, which enclosure provides screening from adjacent lots and streets for any vehicle or equipment parked or stored therein which is not permitted to be regularly parked within a driveway pursuant to subsection (e) of this section, shall be kept closed except when opening such enclosure is necessary to obtain access to such parking area. (Ord. 871 § 5, 10-26-71; Ord.

978 § 7, 2-12-74; Ord. 1560 § 14, 6-7-83; Ord. 2055 §§ 1 – 3, 12-14-93; Ord. 2071 §§ 1 – 4, 5-3-94; Ord. 2124 § 2, 6-20-95; Ord. 2423 § 19, 4-10-01; Ord. 05-2021 § 41, 4-20-2021; Ord. 01-2025 § 17, 1-7-25. 1990 Code § 8-22018.)

1

Note:

(1) The word “parking” and the word “storage” are generally used in this section in the phrase or term “parking and storage” or “or storage.” These words and phrases are not defined or generally used in this section with any special distinction being made between “parking” and “storage.” As commonly understood, “parking” would be usually appropriately restricted in reference to vehicles, and “storage” would be usually appropriately restricted in reference to nonvehicular equipment but could also appropriately refer to “storage” of vehicles for some period of time beyond some “temporary” time period. Where time limits are specified in this section, the term “parking” alone is sometimes used.

understood, “parking” would be usually appropriately restricted in reference to vehicles, and “storage” would be usually appropriately restricted in reference to nonvehicular equipment but could also appropriately refer to “storage” of vehicles for some period of time beyond some “temporary” time period. Where time limits are specified in this section, the term “parking” alone is sometimes used.

(2) Parking or storage of vehicles and equipment does not include in its common meaning the repair, fabrication or other work on vehicles and equipment (see Chapter 18.190 regulating such work).

(3) Also, parking or storage does not permit human habitation (as living or sleeping quarters) of vehicles and equipment, since not only is such use not included in the common meaning of the term “parking and storage” but such use is contrary to the regulations of this title applicable to dwellings and residential lots (except in a “mobile home park” or other special “park” which allows human habitation of vehicles in conformance with the district and other regulations of this title and the state applicable to such use or except as permitted for visitor parking).

(4) See also Section 18.183.150 which generally prohibits the parking or storage of any “commercial vehicle” (except a “pickup truck”), exceeding three tons gross unladen weight, on any part of any lot in a residential district. This prohibition relates to truck traffic routes established pursuant to the city’s street traffic regulations set forth in Sections 10.05.370 through 10.05.400 and 10.05.810. Thus, even though such commercial vehicles are not expressly prohibited by this section, they are nevertheless so prohibited by the regulations cited, on certain lots, and streets (except for while making deliveries, pickups or providing services for residents of the lot).

2

Note:

(1) The term “vehicle” is inclusive of all types of vehicles, including: (A) a major defined vehicle category of “motor vehicle,” which in turn includes types defined as “passenger vehicle,” “camper vehicle,” “pickup truck,” “motor truck,” “motor home”; and (B) a major vehicle category of nonmotorized vehicles which is undefined but includes types defined as “travel trailer,” “mobile home,” “trailer”; and (C) there is also a vehicle classification of “commercial vehicle” which may be either a “motor vehicle” or nonmotorized vehicle. Therefore, every type of vehicle, motorized or ” nonmotorized, commercial or noncommercial, is included within the term “vehicle.

(2) The term “equipment” as defined in subsection (a)(2) of this section and the term “vehicle” together constitute the general subject regulated in this section.

(3) The term “recreational vehicle” is not defined or used in this section or elsewhere in this title, but such term or abbreviation thereof, such as “RV,” has been commonly used to describe the principal object of this section. However, such term is partially incomplete and inaccurate to describe the entire scope of this section, since the definitions of the vehicle and equipment include both recreational and nonrecreational equipment, and also vehicles and equipment which may be used for either or both recreational and nonrecreational purposes. Therefore, if such a term “RV” is used in reference to the interpretation of this section, the partial incompleteness and inaccuracy of such term should be recognized in relation to the total scope of this section.

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Note: Subsection (a)(2) of this section authorizes the city manager to adopt administrative regulations. Subsection (a)(3) of this section requires compliance with both the express requirements of this section and such relations. Such regulations would not, as supplemental regulations, prescribe more restrictive standards for parking and storage than are expressly prescribed in this section. However, unless a permit is required by some other provision of the municipal code in connection with work undertaken incidental to parking and storage of vehicles or equipment on a lot, such as a building, grading, or street encroachment permit, there is no general requirement in this section or other provision of this title which requires any application for a permit or any review of the plans, intentions, or actions of occupants of a lot subject to this section, to apply for and obtain a permit or to otherwise obtain advance approval of any such parking and storage pursuant to said section. Parking and storage of vehicles may, therefore, be done without advance approval of the city so long as the express provisions of this section are complied with. Nevertheless, any person may, as a matter of general policy and practice of the city, request an administrative determination from the chief building official or other administrative officers of the city charged with the responsibility for administration of this section, as to any interpretation or application of the provisions of this section to such person’s plans or intentions as to any such parking or storage. Such a request in advance of any action is particularly advisable in connection with the development of a parking and storage area in a side or rear yard pursuant to subsection (d) of this section.

Note:

(1) See also subsection (f) of this section concerning the opening and closing of doors or other enclosures of garages and carports.

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(2) The terms “private garage” and “carport” are defined in Chapter 18.25, and define the two types of “parking spaces” that will satisfy the requirement of Section 18.183.030(a)(1)(A) that each dwelling on a single-family or two-family lot have two off-street parking spaces. As an accessory use, garages and carports (detached or attached) are subject to regulations of this title, including Chapter 18.153, restricting location of accessory buildings and structures within yard areas of a lot.

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Note:

(1) Under subsection (e) of this section, all “passenger vehicles,” “motor homes,” “pickup trucks,” “camper vehicles” and other “motor vehicles,” as defined in Chapter 18.25, are generally allowed on driveways, if not exceeding 25 feet in length, unless the motor vehicle is a “commercial vehicle” or “motor truck” which cannot be defined as a “passenger vehicle.” Pursuant to said Chapter 18.25, certain “sedan delivery trucks” and “panel trucks” may be deemed “passenger vehicles” and not “motor trucks,” and certain “commercial vehicles” may be deemed “passenger vehicles” if such vehicles are “commercial” only because they are licensed as a “commercial vehicle” but otherwise would qualify as a “passenger vehicle” without reservation (see, however, the note to subsection (a) of this section restricting commercial vehicles exceeding three tons gross unladen weight).

(2) Excluded from driveway parking, except for loading and unloading under subsection (e)(2) of this section, are all nonvehicular “equipment” (such as boats and “campers”) and all nonmotorized vehicles, including any “travel trailers,” “mobile homes,” or “trailers” of any type, whether detached or attached from a motor vehicle.

(3) The provisions of subsection (e)(3) of this section restricting parking or storage in certain side and rear yard areas of a lot apply only to “driveways” and not to “parking areas” allowed in side and rear yards pursuant to subsection (d) of this section.

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Note:

(1) Parking and storage within a “carport” is allowed pursuant to subsection (c) of this section and parking within a parking area in a side or rear yard is allowed pursuant to subsection (d) of this section. Except for vehicles allowed to be parked in a driveway pursuant to subsection (e) of this section, parking and storage in a carport or such a parking area is required to be screened pursuant to this subsection (f).

(2) Prior approval or other review by the city is not required for parking and storage of vehicles and equipment in conformance with this section. However, plans for any such parking and storage, including screening, may be submitted in connection with any building permit application or other review procedure which may be required pursuant to this title or code for improvements or uses on the lot, or a request may be made for an administrative determination as to whether such plans, including provision for screening, will conform with the requirements of this section.

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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