Lafayette Municipal Code § 6-607 Parking development payment

Footnotes:

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Editor's note— Ord. No. 665, § 2 (exh. A), adopted November 13, 2018, repealed the former Ch. 6-6, and enacted a new Ch. 6-6 as set out herein. The former Ch. 6-6 pertained to similar subject matter and derived from Ord. No. 635, § 4 (exh. A), 10-14-2014; Ord. No. 522, § 2, 2005; amended during the 10-98 supplement; Ord. No. 457, §§ 1, 2, 1996; Ord. No. 431, §§ 1—3, 1994; Ord. No. 403, §§ 1—6, 1993; Ord. No. 378, §§ 1, 2, 4—6, 1989; Ord. No. 361, § 1, 1987; Ord. No. 312, § 1 (part), 1984; Ord. No. 291, § 1, 2, 1983; Ord. No. 277, § 1, 1982; Ord. No. 261, §§ 1—5, 1982; Ord. No. 239, § 1, 1981; Ord. No. 181, § 2 (part), 1977.

It is the intent of this chapter is to support the livability and success of the city as a whole through parking supply management. The goals of these regulations is to ensure that all new development will be served by sufficient parking and to improve the management of existing resources to meet the needs of persons employed, residing at or patronizing such land uses. No use shall be established or expanded and no building or structure shall be erected, enlarged or structurally altered, unless parking is provided or the requirement is otherwise fulfilled, as indicated in this chapter.

Additionally, this chapter implements the Downtown Parking Management Strategy that will, when implemented, make all on and off street parking available and accessible to the public while preserving the existing fabric of the downtown and encouraging attractive, small-town development.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

This chapter is applicable to all zoning districts and land use classifications for:

(a) Single-Family Residential. New development; demolition and rebuild; expansion or modification to a garage.

(b) Multi-Family Residential. New development; enlargement, expansion or intensification of existing development.

(c) Commercial/Office. New development; enlargement, expansion or intensification of existing development.

This chapter is not applicable to properties that have opted into the Plaza Way Overlay district.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

(a) "Accessory uses." Uses incidental and secondary to the principal use within tenant space.

(b) "Automatic Load Management System (ALMS)." A system designed to manage load across one or more electric vehicle supply equipment (EVSE) to share electrical capacity and/or automatically manage power at each connection point.

(c) "Calculation of a parking space." Where the computation of required off-street parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.

(d) "Electric Vehicle (EV) Capable Space." A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

(e) "Electric Vehicle (EV) Ready Space." A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

(f) "Gross Floor Area (GFA)." For the purpose of this chapter, gross floor area is the total floor area contained within the tenant space as measured to the internal face of the external walls. Gross floor area shall be used in calculating the required parking. No exceptions or exclusions of interior spaces within a tenancy are allowed. Walkways, breezeways and hallways separating individual tenants within a multi-tenant building are excluded.

(g) "Level 2 Electric Vehicle Supply Equipment (EVSE)." The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

(h) "Low Power Level 2 Electric Vehicle (EV) Charging Receptacle." A 208/240 Volt 20-ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

(i) "Mixed use building or mixed use complex." A combination of different use classifications in different tenant spaces on the same parcel or within the same building.

(j) "Principal uses." The primary use which makes up the majority of the gross floor area of a tenant space.

(k) "Public parking." Parking that is available to the public and not reserved for the exclusive use of the tenant or tenants.

(Ord. No. 665, § 2 (exh. A), 11-13-2018; Ord. No. 682, § 3, 10-24-2022)

(a) Parking spaces required. Off-street parking spaces for each use shall be provided consistent with the ratios identified in Section 6-604 c. Each new use or change in tenancy requires a parking table to document the number of required spaces and any reductions approved or in-lieu fees paid. For a use not specified in this chapter, the number of required off-street parking spaces shall be determined by the zoning administrator upon an analysis of similar uses.

(b) Mixed uses. When two or more principal uses are proposed for a property, the number of parking spaces shall be calculated separately for each use, and the results shall be totaled to determine the number of parking spaces required for the property, except as otherwise provided in Section 6-606(b) of this chapter. In cases with accessory uses, parking shall be calculated using the principal use ratio on the full GFA.

(c) Parking requirements.

(d) Dimensions.

(1) Single-Family. Each parking space shall have minimum dimensions of at least ten feet by 20 feet;

(2) Commercial/Office/Multifamily All parking spaces with 90 degree angles shall have standardized dimensions of eight and one half feet by 18 feet and compact spaces shall have standardized dimensions of seven and one half feet by 15 feet. For parking spaces with angles less than 90 degrees shall have minimum dimensions as set forth in table 6-604(d) below. Parking lots of ten or more spaces may include compact spaces for employees only. No more than 25 percent of the parking spaces in any lot shall be reserved for employee compact spaces. For parking spaces adjacent to poles, pillars columns, and structural elements the space shall be widened by three feet.

Table 6-604 (d)

[Figure]

* For one-way aisles only. Minimum width for primary two-way aisles is 26.0 feet and for secondary two-way aisles is 19.0 feet.

** For one-way aisles only. Minimum width for primary two-way aisles is 26.0 feet and for secondary aisles is 21.0 feet.

(e) Charging stations requirements for new multifamily development projects and hotels and motels.

(1) Space counting. For the purposes of fulfilling the requirements outlined in this Section 6-604(e), the required charging spaces may count towards the total number of parking spaces required. In addition, calculations to determine the number of EV spaces shall be rounded up to the nearest whole number.

(2) Requirements for multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.

(A) EV capable. Ten percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

(B) EV ready. Twenty-five percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. All remaining dwelling unit parking spaces not otherwise provided with low power Level 2 EV charging receptacles or EV capable spaces shall be EV ready spaces capable of Level 1 (e.g., a 120-volt, 15-ampere standard residential outlet) or faster EV charging. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

(i) Exceptions: (1) Areas of parking facilities served by parking lifts and (2) Visitor or common area parking is not required to be EV ready.

(C) EV chargers. Level 2 EVSE are not required. However, for each Level 2 EVSE that is installed to service a dwelling unit parking space (as opposed to visitor or common area parking spaces), one fewer EV capable or EV ready space will be required.

(3) Requirements for multifamily development projects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms.

(A) EV capable. Ten percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

(B) EV ready. Twenty-five percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. All remaining dwelling unit parking spaces not otherwise provided with low power Level 2 EV charging receptacles, EV capable spaces, or EV chargers shall be EV ready spaces capable of Level 1 (e.g., a 120-volt, 15-ampere standard residential outlet) or faster EV charging. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

(i) Exceptions: (1) Areas of parking facilities served by parking lifts and (2) Visitor or common area parking is not required to be EV ready.

(C) EV chargers. Five percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

(i) If additional EV chargers are installed such that more than five percent of parking spaces are equipped with Level 2 EVSE, then for each additional EV charger that has been installed, one fewer EV capable or EV ready space will be required.

(ii) When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

(4) For instances where there are inconsistencies between this section and the 2022 California Building Code regarding electric vehicle charging requirements for new multifamily development projects, the requirements in Section 6-604(e) apply.

(f) Bicycle parking required. Bicycle parking shall be provided in addition to all required parking spaces. For mixed use multifamily residential and commercial/office requirements shall be calculated for each use.

(1) Bicycle parking shall be provided as follows:

(2) Bike Parking Design:

(A) Each bicycle parking space shall provide a secure, stationary, parking device to adequately secure the bicycle frame and one wheel with both wheels left on the bicycle. One such structure may provide multiple bicycle parking spaces.

(B) Bike parking shall be located no more than 50 feet, and shall be visible from, the entrance of a commercial use. Signage shall be posted at the entrance of the property indicating the location of bicycle parking.

(C) Bike parking for multifamily uses shall be located on the same parcel and fully enclosed or in a secure location.

(D) Where multiple retail stores, offices, or related commercial uses operate in close proximity to each other, the property and/or designated business representatives may apply to the city to cluster required bicycle parking spaces in a secure connected bicycle rack or corral, provided this type of parking arrangement can be implemented within reasonable distance to the entrances of all uses.

(g) Loading spaces required. All new or expanded non-residential buildings over 20,000 square feet shall provide off-street loading spaces which shall be evaluated by the hearing body reviewing the application based on the following criteria:

(1) Use, size, and operational characteristics such as hours of operation and type of deliveries needed shall be considered in determining length, width and number of loading zones.

(2) Location of the required loading zone shall not be along the frontage facing Mt. Diablo Boulevard within the Downtown Core.

(3) Each off-street loading space shall be accessible from a public street.

(4) Vertical clearance for delivery vehicle vehicles shall be accommodated.

(5) Loading zones shall be designed such that they can be utilized as a pick up point for car-hailing services when not in use as loading zones.

(h) Location and configuration of off-street parking.

(1) The required spaces shall not be located within any setback or yard area of a principal structure, except for accessory dwelling units.

(2) Mechanical parking lifts are permitted in multifamily and commercial developments and shall be fully enclosed except for ingress and egress. A structure enclosing the lift may be subject to design review.

(3) Tandem spaces may be allowed for employee or multifamily residential parking upon approval by the zoning administrator. Not more than 25 percent of the required number of stalls shall be tandem.

(4) For new development in the Plaza District and Downtown Retail District, parking shall be located behind the new structure to allow for a continuous pedestrian-oriented building frontage, consistent with the Downtown Design Guidelines.

(5) Parking lots and structures in the Plaza District and Downtown Retail District are prohibited on prominent corners along Mt. Diablo Blvd.

(6) Required off-street parking shall normally be provided on the same lot or premises as the main use it serves or on an adjoining lot.

(A) Where providing parking on the same lot is impractical, the zoning administrator may authorize parking on any parcel of land located within 1,000 feet of the lot containing the main use, except parcels in single-family residential zoning districts.

(B) For parking lots in single-family residential zoning districts, the planning commission shall act on a land use permit.

(7) Whenever any required off-site parking facilities are located on a lot other than the lot containing the activity served, the owner or owners of both lots shall prepare and execute to the satisfaction of, and on a form provided by, the city, an agreement guaranteeing that such facilities will be maintained and reserved for the activity served, for the duration of proposed use.

(Ord. No. 665, § 2 (exh. A), 11-13-2018; Ord. No. 682, § 4, 10-24-2022)

(a) Single Family Residential. Existing single family residences that do not meet current parking requirements are permitted to continue until such time as the residence is demolished and rebuilt or when one or more walls of the non-conforming garage is being modified. In no case shall a non-conforming parking space be made more non-conforming.

(b) Multi-Family Residential. Existing multi-family residential development in the downtown districts that do not meet parking requirements are permitted to continue until there is a change of use or an increase in the number of units.

(c) Commercial/Office. Existing development in the downtown districts that do not meet parking requirements are permitted to continue until there is a change of use or a building expansion. When a change of use or a building expansion warrants the provision of additional parking, those parking spaces required by the increase in demand shall be provided.

Commercial and office land uses which do not comply with the parking requirements prescribed in this chapter, shall be permitted to continue for not more than one year from date of vacancy or until such time as development is intensified on the property. Property owners are responsible for providing documentation that demonstrates that the tenant space has been vacant for less than one year.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

The reductions to minimum parking requirements provided for in this section are meant to further the goals of the Parking Management Strategy. This section is applicable to multifamily and commercial zoning districts. The reductions must be applied in the order specified below with a primary focus on mitigating the demand for the number of spaces required and better using existing resources. Reductions and exceptions can be additive; however, any reductions exceeding 40 percent of the total number of spaces required must be reviewed by the planning commission through a land use permit.

Table 1—Reductions and Exception

(a) Reductions through implementation of the strategy. The zoning administrator may grant reductions up to a maximum of 20 percent of the parking requirement, without payment of in lieu fees, through any of the following measures implemented and documented on an annual basis, verified by staff.

(1) Public Parking. A ten percent reduction when a private property owner allows the public unrestricted use of the entirety of the commercial parking on a parcel or in a shopping center. If the property later reverts to private use, the property owner would then become responsible to provide the required parking and/or in lieu fee in effect at the time of the reversion to private use. In a mixed use development, residential parking is not required to be made public in order to qualify for the parking reduction.

(2) Transit. A five percent reduction when a multifamily residential use is located in the downtown within a ½ mile of the BART station.

(3) Employee Parking. A five percent reduction when a property owner or tenant creates a Transportation Demand Management (TDM) program for trip reduction. A TDM program shall contain at least two of the following:

(A) Providing or contributing ten percent of the project cost to a downtown shuttle service.

(B) Providing incentives to employees to carpool or use transit like purchasing bulk transit passes or providing free transit passes.

(C) Providing shower and clothing locker facilities.

(D) Participating in California's Parking Cash-Out Law.

(E) Providing or promoting alternative management strategies that demonstrably reduce the demand for employee parking.

(4) Car Share. A five percent reduction when publicly available car sharing services of no less than three cars are provided on site in residential or office developments or within a block of the subject site.

(b) Shared parking. When a property owner can demonstrate that two or more uses proposed on a parcel or a shopping center have distinct and different peak hours of parking demand, a reduction of the required number of parking spaces may be allowed.

(1) The zoning administrator may act on an application for a reduction of up to 20 percent of the required number or five spaces, whichever is less. The planning commission shall act on an application for reductions that exceed five spaces through a land use permit.

(2) The reduction may be granted in accordance with the following:

(A) The amount of reduction shall be determined based on quantitative information provided by the applicant that documents the number of spaces required for each use and the peak hours or parking demand for each use;

(B) Approval shall require a recorded restriction running with the land, guaranteeing the proposed uses and hours of operation;

(C) Any change to the uses or the hours of operation or peak demand shall be subject to city approval and additional parking facilities may be required if the change to a use will create a greater demand for parking.

(c) Exceptions to required parking. When a property owner demonstrates that the parking reduction measures listed above cannot be accomplished or can be only partially accomplished, for reasons including, but not exclusive to, site constraints, a request for an exception to the providing the number of parking spaces required may be filed.

(1) The zoning administrator may act on an application for an exception of up to 20 percent of the required number or five spaces, whichever is less, through an administrative process. The planning commission shall act on an application for exceptions that exceed five spaces through a land use permit and public hearing process.

(2) The following criteria shall be considered by the hearing body regarding the request for a parking exception:

(A) Compliance with the goals of the Parking Management Strategy.

(B) Proximity of the property and ease of pedestrian access to BART.

(C) The extent of the parking deficiency on the subject property.

(D) A parking demand analysis provided by the applicant demonstrating a reduction in parking is warranted.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

(a) An off-street parking account is established in the general fund. Revenues credited to the account under Section 6-610 shall be used to manage parking facilities and make all parking in the downtown available and accessible to the public. The management of parking facilities includes the installation of parking meters, enforcement, access agreements and other techniques described in the Parking Management Strategy, and for the acquisition, construction, operation and maintenance of municipally-owned parking facilities.

(b) If the hearing body grants a parking exception as described in Section 6-606(c) it shall impose, among other reasonable conditions, a requirement that the applicant pay into the city's off-street parking account an amount of money, referred to as a parking development payment ("PDP").

(c) The PDP is set by the city council and published in the planning department fee schedule. The PDP fee is based on the cost of land and improvements for a 350 sq. ft. surface parking space. The surface parking fee is based on the assumptions of land and improvement costs per square foot outlined in the parking fee study. The fee amount shall be reviewed and revised every five years or as recommended in the parking fee study.

(d) Upon approval of an application for an exception, the tendered PDP becomes nonrefundable.

(e) If the PDP cannot be tendered as a lump sum, an applicant may submit a written request to be billed on a yearly basis over three years with an agreement to pay that is recorded against the property. Failure to pay will result in actions consistent with the city's delinquent accounts policy on file with the financial services manager and the revocation of the planning commission's approval.

(f) The number of parking spaces for which a PDP has been made shall be credited in processing any subsequent applications for the subject property.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

(a) All new parking lots shall comply with the design standards contained in this chapter. The purpose of the design standards is to address aesthetic and safety concerns.

(1) Parking lots shall be designed and located in a manner to promote the accumulation, combination, interconnection and mutual use with other existing or planned parking lots on contiguous or nearby properties.

(2) Underground parking is preferable to surface parking or garages.

(3) Parking lots must comply with the downtown design guidelines.

(4) Consideration for future use of the space.

(b) Access driveways.

(1) All off-street parking facilities shall be designed with appropriate maneuvering areas and means of vehicular access to the main and auxiliary streets.

(2) Curb cuts to the street shall be kept to a minimum and cross access between properties is highly encouraged.

(3) Driveways shall be so located as to ensure an efficient and safe traffic flow into the parking areas and along the public streets as determined by the city engineer or designee.

(4) Where the parking area does not abut on a street, 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 20 feet in width in all other cases, or as determined by the city engineer.

(5) Backing onto streets prohibited. For any new parking lots created pursuant to Section 6-608 located within any of the business and commercial, office and multifamily residential land use districts, parking areas shall be designed so that vehicles are not permitted to back out of the parking areas onto streets.

(c) Parking lot landscaping requirements.

(1) A planting or landscape strip at least five feet wide shall be provided adjacent to all public street rights-of-way. Low walls, earth berms, dense landscaping, or other similar material shall be used to screen the parking lot from the adjacent street or residential area.

(2) A planting strip not less than three feet wide (exclusive of auto overhangs and curbs) shall be provided between parking lots and adjoining buildings, private road easement lines, fences, property lines or other non-street edges of the parking lot, wherever practical.

(3) Dead corners and other unused areas shall be landscaped to provide a visual break in the paved area.

(4) Parking areas of more than 15 spaces shall provide, within the interior of the lot and in addition to the required perimeter landscaping, an area of planting strips equal to that shown in the following table:

(5) To be counted in this calculation the area may not include that portion under car overhangs. In addition, the planting strip must have a minimum dimension of five feet.

(6) Where total parking provided is located in more than one place on a site separated by at least ten feet of non-paved area, each such area shall be considered a separate facility.

(7) Rows of 15 or more adjoining parking spaces shall, in addition to other required landscaping, be interrupted by a landscape area at least five feet in width at intervals no greater than every ten spaces.

(8) Trees shall be a major design feature in all parking lots. Canopy trees shall be provided at a maximum spacing of one tree per 27 lineal feet and with a minimum of one tree per four parking stalls. The final location and spacing of trees is dependent on the type of tree used, but the overall effect should be a relatively consistent tree cover which at maturity will shade the majority of the pavement and vehicles.

(9) An automatic irrigation system shall be installed within all landscaped planters and strips. In most cases low-volume spray, bubbler or drip systems will be required.

(10) Where a minimum-width planting strip is required by subsection (a) or (b) of this section, and the planter is proposed to be used as an overhang for vehicles, the planter strip shall be increased two feet in width greater than that otherwise required. Vehicle overhangs shall not be permitted over sidewalks or other pedestrian walkways. Measurement of parking lot landscape areas required by this section shall be exclusive of curbing.

(11) Site plans and landscape plans for parking lots must also show dumpsters, utility boxes or underground vaults, loading areas, wheel stops if required, and vehicular overhangs.

(12) Unless specifically excluded by the city in the design review process, all landscaped areas within or abutting parking lots and access driveways shall be protected by a six-inch-minimum-high concrete curb.

(13) Additional requirements may be imposed through the design review procedure.

(14) For parking lots of five or less parking spaces, or the addition of five or less spaces to an existing lot the requirements contained in subsection (a) through (k) are advisory rather than mandatory.

(15) Landscaping shall be designed to accommodate storm water runoff using current best management practices.

(16) When adjacent to a residentially zoned property, screening shall be provided either with fencing or planting, or both, to protect nearby residences from noise, light and other detrimental effects.

(d) Pedestrian navigation.

(1) Dedicated pedestrian paths of travel shall be incorporated in new parking lots. The path may be marked with striping or specialized materials, such as textured or colored paving or other means to delineate the pedestrian right-of-way. The pathway shall be a minimum width of three feet and take a direct path to a building entrance.

(e) Lighting.

(1) Lighting, if provided, shall be directed downward and away from residential areas and public streets so as not to produce a glare as seen from such areas, in order to ensure the general safety of other vehicular traffic and the privacy and well-being of the residential areas, and the lighting intensity shall be no greater than reasonably required to light the parking area.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

All required parking facilities shall be provided and well maintained so long as any uses exist which require the parking facilities. Off-street parking facilities shall not be reduced in total area or in number of parking stalls, except when such reduction is in conformity with the requirements of this chapter.

(a) Uses prohibited.

Parking areas shall not be used for automobile sales, storage, repair work, dismantling or servicing of any kind.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)

Variance permits to modify the provisions of Sections 6-604(d), 6-604(e), 6-604(f), 6-604(g) and (h), 6-606 (b) and 6-608 inclusive, of this chapter may be granted in accordance with the applicable provisions of Part 1 of this title.

(Ord. No. 665, § 2 (exh. A), 11-13-2018)