Chapter 24.345

DOWNTOWN PARKING (DP) OVERLAY ZONE

Sections:

• 24.345.010 Chapter description.

• 24.345.020 Applicability.

• 24.345.030 Uses occupying new buildings.

• 24.345.040 Development consisting of structural alterations.

• 24.345.050 Other development.

• 24.345.060 Parking approval.

• 24.345.070 In-lieu parking fee.

• 24.345.080 Parking spaces unclear.

• 24.345.090 Major variance required. 24.345.100 Noticing procedures. 24.345.110 Application fees.

• 4 Cross reference(s): Parking, standing and stopping, Division 2 of Title 16.

This chapter establishes the downtown parking (DP) overlay zone. This chapter also describes how required o]street parking within the downtown area may be provided through the authorization and issuance of parking approvals. These provisions are intended:

A. To recognize that the downtown area is unique in the city and that it has opportunities to address o]-street parking problems by specialized means not applicable to other areas of the city;

B. To deYne a speciYc area in the downtown which may be evaluated, relative to o]-street parking requirements for nonresidential uses, in a separate manner from the remaining area of the city;

• C. To allow both public and private nonresidential uses located within the downtown area to provide for

required o]-street parking by a variety of methods that will maximize the overall total number of parking spaces provided, as well as maximize the use of those spaces;

• D. To encourage development of additional o]-street parking in the downtown area;

• E. To encourage redevelopment and revitalization of the downtown area utilizing specialized methods of providing o]-street parking; and

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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F. To provide an e]ective and deYnitive method for review and processing for nonresidential uses located within the downtown area relative to the provision of o]-street parking. (Code 1971, § 15.445.010; Ord. No. 2021-017, § 35, 12-13-21)

The provisions of this chapter shall apply to all nonresidential uses within the downtown area. The downtown area may be designated as the DP overlay zone by the initials “DP” on the o[cial zoning district map. The provisions of this chapter shall apply and be deemed enacted and e]ective as of July 4, 1985.

Within the downtown area, repairs not involving structural alterations may be carried out on buildings occupied, or otherwise used, by a nonresidential use that is nonconforming as to the o]-street parking requirements of Chapter 24.415 without providing for any more o]-street parking spaces than were provided for at the time such repairs are commenced.

Within the downtown area, in any instance where a new use occupies a vacant building or portion thereof that had previously been occupied by a use with the same or greater parking requirements pursuant to Chapter 24.415, that new use may, notwithstanding any provision of Chapter 24.415 to the contrary, be initiated without providing any more o]-street parking spaces than were provided at the time the previous use occupied the same building or same portion thereof.

However, when a nonresidential use is initiated in conjunction with, or carries out, or proposes to carry out, any structural alterations or other development described in Section 24.345.030, 24.345.040, or 24.345.050, the total number of o]-street parking spaces that shall be provided for that use shall be the cumulative total required by each and all of those three sections that apply. (Code 1971, § 15.445.020)

When a nonresidential use is initiated in conjunction with new development that results in new buildings, or otherwise occupies or uses a new building, within the DP overlay zone, that use shall meet the requirements of Chapter 24.415; provided, that alternate methods of providing the required number of o]-street parking spaces for the use may be approved to the extent allowed by Section 24.345.060. (Code 1971, § 15.445.030)

When a nonresidential use carries out, or proposes to carry out, any development consisting of structural alterations of existing buildings in the DP overlay zone, that use shall meet the requirements set forth in Chapter 24.415, in the same manner required for uses that occupy new buildings pursuant to Section 24.345.030; provided, that the total number of required o]-street parking spaces shall be calculated in accordance with this section in the following circumstances:

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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A. Structural Alterations Required for Upgrade of Hazardous Buildings. Structural alterations required for reconstruction of a building that has been determined to be hazardous or potentially hazardous by the city building o[cial may be carried out without providing any more o]-street parking spaces than had been provided for at the time that the building o[cial gave to the property owner written notice of such determination, but only if:

1. The reconstructed building does not exceed the gross square footage existing immediately prior to commencement of such reconstruction; and

2. The reconstruction involving structural alterations is commenced and documented in the Yles of the city building division within three years of receipt of said written notice and is diligently pursued thereafter.

B. Structural Alterations Required for Restoration of Damaged Buildings. Structural alterations required for restoration of a building which is occupied, or otherwise used, by a nonresidential use that is nonconforming based on the parking requirements of Chapter 24.415, and which is damaged or destroyed by Yre, Zood, wind, earthquake or other calamity or act of God or the public enemy, may be carried out without providing any more o]-street parking spaces than had been provided for at the time of such damage or destruction, but only if:

1. The restored building does not exceed the gross square footage existing at the time of the damage or destruction; and

2. The start of construction activities associated with such structural alterations is commenced and documented in the Yles of the city building division within 10 years of the date of said calamity or act of God or the public enemy, and the restoration involving structural alterations is diligently pursued thereafter.

C. Structural Alterations Required for Other Rehabilitation or Restoration. Nonresidential uses that carry out, or propose to carry out, structural alterations to existing buildings for purposes of rehabilitation or restoration, other than reconstruction of potentially hazardous buildings pursuant to subsection A of this section, or restoration of damaged buildings pursuant to subsection B of this section, shall comply with this subsection C:

1. Structural alterations and other repairs to existing buildings will be deemed to be rehabilitation or restoration for purposes of this subsection C only if both of the following limitations are met:

• a. Fifty percent or more of the existing external walls of the building or structure are retained in place as external walls; and

  • b. At least 50 percent of the building’s or structure’s internal structural framework is retained in place.

If structural alterations and other repairs to existing buildings exceed either of the aforementioned limitations, then those structural alterations constitute development requiring compliance with the requirements set forth in Chapter 24.415 in the same manner required for uses that occupy new buildings pursuant to Section 24.345.030.

2. When rehabilitation or restoration meeting the limitations of subsection (C)(1) of this section is carried out in such a manner that no new Zoor area is added, and no use intensiYcation occurs, then such

rehabilitation or restoration may be carried out without providing for additional parking spaces beyond those

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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provided for at the time such rehabilitation or restoration is commenced, but all existing on-site parking spaces must be retained. If any existing on-site parking spaces are rendered unusable due to the rehabilitation or restoration of buildings or other structures, then those spaces shall be replaced on a onefor-one basis in accordance with the requirements of this chapter and Chapter 24.415. (Code 1971, § 15.445.040)

The total number of required o]-street parking spaces to be provided by nonresidential development consisting of use intensiYcation or increased Zoor area in the DP overlay zone, whether occurring independently, together, or in conjunction with structural alterations or other development described in Sections 24.345.030 and 24.345.040, shall meet the requirements set forth in chapter 24.415 and shall be calculated as follows:

A. Use IntensiJcation. When the use of a building is intensiYed such that the resultant intensiYed use would require more o]-street parking spaces pursuant to Chapter 24.415 than the use existing immediately prior to the intensiYcation, then the number of parking spaces required shall be calculated in accordance with this subsection A. In such instance, the required number of parking spaces shall be the net incremental increase of required parking spaces for the new use over that required for the prior use plus retention of all parking spaces provided for immediately prior to the use intensiYcation. The net incremental increase is to be calculated pursuant to Section 24.415.040. If any existing on-site parking spaces are rendered unusable due to a proposed use intensiYcation, then any such parking spaces shall be replaced on a one-for-one basis in accordance with the provisions of this chapter and Chapter 24.415.

• B. Increased Floor Area. When Zoor area is added to an existing building:

1. The total number of required o]-street parking spaces shall be the number of spaces provided for the use immediately prior to the increase in Zoor area plus the number required for that portion which has been added. The number required for the added portion is to be calculated pursuant to Section 24.415.040;

2. Any other existing, legal conforming or nonconforming uses at the site shall not be required to meet current parking requirements as a consequence of that Zoor area expansion; and

3. All existing on-site parking spaces must be retained. If any existing on-site parking spaces are rendered unusable due to construction or operation of the project, then all the uses within the building shall be brought into conformance with requirements for o]-street parking pursuant to Chapter 24.415. However, if new landscape planters, or trash enclosures necessitate removal of existing on-site parking, then those spaces or portions thereof shall be replaced on a one-for-one basis in accordance with the provisions of this chapter and Chapter 24.415. (Code 1971, § 15.445.050)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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In instances where it is not practicable to provide all required o]-street parking spaces on the subject site pursuant to Chapter 24.415, all required parking may be provided through one or more of the following methods; provided, that a parking approval is Yrst approved in accordance with Chapter 24.510:

• A. Private on-site parking.

• B. Private o]-site parking; provided, that:

  1. The boundaries of the other site containing available parking are located within 500 feet of the boundaries of the site containing the subject land use;

  2. The parking spaces available on the other site are not required for another use; and

  3. The applicant’s right to use the o]-site parking spaces is guaranteed in a manner satisfactory to the director and the city attorney through a recorded instrument which is irrevocable without notiYcation to the city for the duration of the approval speciYed in this section.

C. Shared on-site parking based on hours of operation, provided the uses sharing parking either do not have overlapping hours of operation or overlap only when the same is found to be consistent with and permitted pursuant to the guidelines for shared parking approved by the city council as such guidelines may exist at the time of permit issuance.

• D. Shared private o]-site parking based on hours of operation; provided, that:

  1. The uses sharing parking do not have overlapping hours of operation or overlap only when the same is found to be consistent with and permitted pursuant to the guidelines for shared parking approved by the city council as such guidelines may exist at the time of permit issuance; and

  2. The o]-site parking is guaranteed in a manner satisfactory to the director and the city attorney through a recorded instrument which is irrevocable without notiYcation to the city for the duration of the approval speciYed in this section.

E. Payment of an in-lieu parking fee for any required parking spaces not otherwise provided pursuant to this section, which fee shall be paid prior to the issuance of any required building permits or zoning clearance in accordance with the in-lieu parking fee program established by the city council within the geographic boundaries of downtown parking district Nos. 1 and 2 as those boundaries may be amended from time to time. Payment of such an in-lieu fee to meet o]-street parking space requirements may be allowed only if the decision-making authority Ynds, in addition to the Yndings required by Chapter 24.510, that each of the following circumstances does or will exist:

1. Provision of private on-site parking is infeasible due to existing development patterns at the site; and

2. Provision of private shared parking is infeasible due to the applicant’s proposed hours of operation or the distance from available o]-site parking (i.e., greater than 500 feet).

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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F. Provision of required parking based on an allocation program which has been set up through a propertyowner-initiated assessment district. (Code 1971, § 15.445.060)

Provision of required parking spaces through payment of an in-lieu parking fee may be done only for properties located within the geographical boundaries of downtown parking district Nos. 1 and 2, as those boundaries may be amended from time to time. (Code 1971, § 15.445.070)

If the parking spaces in an existing private parking lot are not clearly marked or designated, the number of parking spaces that a private parking lot will be deemed to have available will be the maximum number of spaces which can be accommodated in compliance with all other requirements of this zoning ordinance including, but not limited to, requirements for numbers and dimensions of parking spaces, drive aisle dimensions, and landscaping. (Code 1971, § 15.445.080)

Any reduction in the total number of the required parking spaces for any site in the downtown area requires a major variance pursuant to Chapter 24.535. (Code 1971, § 15.445.090)

In addition to the noticing procedures required by Chapter 24.560, notice of application for parking approvals shall be mailed by Yrst-class mail to tenants within 500 feet of the subject site. (Code 1971, § 15.445.100)

All applicants for parking approvals shall pay application processing fees as provided in Chapter 24.575. (Code 1971, § 15.445.110)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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