Zoning Text Amendment Exhibit (ZTA22-0002)
CHAPTER 17.04
DEFINITIONS AND CONSTRUCTION
17.04.140 Commission.
“Commission” means the Pplanning and Housing Ccommission of the city.
17.04.207 Director.
"Director" means the Director of the Planning & Development Department of the city.
17.04.478 Parking facilities, joint use.
"Joint use of parking facilities" means the sharing of a parking facility by two or more separate and distinct uses not located on the same property as the parking facility, wherein the parking facilities are needed to accommodate the number of parking spaces required for such uses.
17.04.479 Parking facilities, shared use.
"Shared use of parking facilities" means the sharing of one or more parking spaces by two or more separate and distinct uses, based on the uses having different times of peak parking demand, with the objective of reducing the number of parking spaces constructed or otherwise required for such uses.
CHAPTER 17.24
R-3 – MULTIPLE-FAMILY RESIDENTIAL ZONE
17.24.140 Off-street parking.
(A) The provisions of Chapter 17.76 shall apply.
(B) Notwithstanding anything to the contrary provided in Chapter 17.76, off-street parking for multiple dwellings shall have a continuous unbroken concrete curb designed to stop the movement of motor vehicles.
CHAPTER 17.26
R-3-C – MULTIPLE-DWELLING ZONE
17.26.140 Off-street parking.
(A) (1) Each multiple dwelling shall have automobile parking spaces on the lot or building site upon which such dwelling is constructed as follows:
(a) For each dwelling unit having one room or less for sleeping purposes, one and one-half spaces;
(b) For each dwelling unit having two rooms or more for sleeping purposes, two spaces;
(c) Of the total required spaces for a lot or building site, no less than one space for each dwelling unit thereon must be covered.
(2) When the required spaces for a lot or building site equals a whole number and fraction, the next highest whole number shall be the number of required spaces. (B) The provisions of Chapter 17.76 shall apply as to all other off-street parking requirements.
(C) None of the above required parking spaces shall be located within a front yard as required by § 17.26.100.
CHAPTER 17.30
MP – MOBILE HOME PARK ZONE
17.30.050 Property development standards – Mobile home park. (G) Parking. A mobile home park shall have at least one guest parking space for each four five mobile home spaces or fraction thereof. These spaces shall be interspersed throughout the park in increments of five or less, except that more than five spaces may be grouped immediately adjacent to recreation facilities as long as the total of all such recreation spaces does not exceed 25% of all spaces in the park and except that the distance between groups of parking spaces shall not exceed 300 feet.
CHAPTER 17.33
COMMERCIAL & OFFICE ZONES
17.33.160 Smoking lounges - Supplemental development standards. (A) A smoking lounge is as defined in CMC Chapter 17.04. (B) The Zoning Administrator has the authority to review smoking lounge applications that are an ancillary use to a primary business. This review would be in lieu of a conditional use permit. The smoking lounge is considered ancillary to the primary business if it does not occupy more than 40 percent of the business's floor area. The ancillary use only applies to those zones that allow smoking lounges. (C) The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section 6404.5. (D) Non-alcoholic beverages may be served on the premises; however, alcoholic beverages shall not be sold or consumed on the premises, except if the smoking lounge is ancillary to a restaurant that has an alcoholic beverage permit. (E) No persons under 18 years of age shall be permitted within the business and/or within the floor area devoted to the smoking lounge if it is ancillary to another business. (F) No live entertainment, including, but not limited to, singers, Djs, dancers, and comedians, shall be permitted within the business, except if the smoking lounge is ancillary to a restaurant that has an entertainment permit. (G) All business related activities shall be conducted on the premises of the business.
(H) No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.
(I) No window coverings, including window tints, shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. (J) The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.
(K) Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the city Fire Department, or as otherwise required by state or federal laws.
(L) The Pparking provisions of Chapter 17.76 shall apply shall be provided at a ratio of one space/200 square feet of building area.
(M) The business shall also be in conformity with all other city, state and federal laws.
CHAPTER 17.44
INDUSTRIAL ZONES
17.44.130 Standards for emergency shelters in the M-1 zone.
The Community Development Director shall have the authority to review and approve emergency shelters to be located in the M-l Zone. The review shall be ministerial. To be approved, the proposed emergency shelter must be demonstrated to meet the following standards, as permitted by Cal. Gov’t Code § 65583(a)(4):
(A) The proposed shelter is in conformance with the applicable Building and Fire Codes:
(B) The proposed shelter use is consistent with the General Plan and zoning of the proposed site;
(C) The maximum number of beds or persons permitted to be served nightly by the facility shall be based upon California Building Code Occupancy limits for the building in which the shelter is to be housed or developed;
(D) Off-street parking shall be provided in accordance with Chapter
17.76§ 17.76.030(A)(2) of this code (one space per staff member of largest shift, plus one space per 12 beds, plus two guest spaces);
(E) On-site management shall be provided on a 24 hour basis; (F) The shelter shall be located no less than 300 feet from any other shelter facility, as permitted by Cal. Gov’t Code § 65583(a)(4);
(G) The length of stay for any client shall be a maximum of 180 consecutive nights; (H) Adequate exterior lighting must be provided and maintained for security purposes.
17.44.140 Standards for recuperative care facility.
The recuperative care facility shall demonstrate the ability to meet the following standards:
(A) On-site staffing shall be provided 24 hours a day.
(B) New clients shall be accepted only from a referring hospital/medical facility where the client is being discharged
from medical care.
(C) The referring hospital/medical facility is responsible for client transportation to the recuperative care facility. No walk-ins are allowed.
(D) New client check-in shall be done during the hours of 7:00 a.m. to 9:00 p.m. (E) The operator of the recuperative care facility shall ensure that clients of the recuperative care facility do not loiter outside the premises of the facility. Outdoor gathering and patio space shall be at the rear of the building. (F) The maximum number of beds in the facility shall be determined by the allowed building occupancy classification for the building in which the facility is located. (G) The recuperative care facility shall adhere to all applicable California Building and Fire Codes.
(H) The primary entrance to the recuperative care facility shall have signage posted in a conspicuous place that states
"This facility is not open to the public. Clients at this facility are referred from a contracted hospital/medical facility or insurance plan. No walk-ins allowed." (I) Off-street parking for the recuperative care shall be provided in accordance with Chapter 17.76§ 17.76.030(E)(3) of this Code (1 space for every 3 beds). (J) A recuperative care center shall not be located less than 500 feet from another recuperative care facility.
CHAPTER 17.72
SUPPLEMENTAL SITE DEVELOPMENT STANDARDS FOR AUTOMOTIVE
RELATED USES
17.72.030 Service stations.
(E) Paving and parking.
(1) The entire open ground area shall be paved except for landscaping. (2) A minimum of three marked parking spaces shall be provided for the service station use on the property.
(3) Convenience store, at least one parking space for every 250 square feet of gross floor area used for the purpose shall be provided. (4) The provisions of Chapter 17.76 shall apply.
CHAPTER 17.76
OFF-STREET PARKING
Sections
17.76.010 Application of provisions.
17.76.020 Location.
17.76.030 Number of spaces required.
17.76.035 Compact parking.
17.76.040 Classification of use.
17.76.050 Downtown area – Parking exceptions designated.
17.76.060 Downtown area – Variance – In lieu fee.
17.76.070 Reduction in requirement.
17.76.080 Design standards.
17.76.090 Improvement standards.
17.76.100 Landscaping requirements.
17.76.010 Application of provisions.
(A) The standards for providing off-street parking shall be met when a main building is erected or when the required off-street parking is established. These standards shall also be met when:
(1) A dwelling unit is added to an existing residential building or as an accessory dwelling unit is added to the property, unless the accessory dwelling unit meets the parking criteria as set forth in § 17.85.040(C);
(2) The floor area of an existing residential building exclusive of an accessory dwelling unit and off-street parking facilities is increased by 50% or more during a period of four years or less;
(3) Floor area or seating capacity in an existing nonresidential building is enlarged or added;
(4) A change in use occurs for an existing nonresidential building that requires, which change generates additional parking needs;pursuant to this chapter. (5) All motor vehicles incapable of movement under their own power or not properly licensed to operate on California highways, other than in cases of emergency, shall be deemed detrimental to the public welfare and shall be stored in an entirely enclosed building. After due notice and noncompliance, the vehicles shall be required to be removed from the premises.
(B) Off-street automobile parking space being maintained in connection with any existing main building or use shall be maintained so long as said main building or use remains, unless an equivalent substitute number of such spaces are provided and thereafter maintained conforming to the requirements of this section; provided, however, that this regulation shall not require the maintenance of more automobile parking space than is required herein for a new building or use, nor the maintenance of such space for any type of building or use other than those specified herein. (C) Where automobile parking space is provided and maintained in connection with a main building or use at the time the ordinance codified in this chapter becomes effective and is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, then the building or structure may be extended only if automobile parking spaces are provided for the enlargement, extension or addition to the standards set forth in this section. No existing parking may be counted as meeting this requirement unless it exceeds the requirements for the original building and then only that excess portion may be counted.
(D) A parking space shall be an area for the parking of a motor vehicle plus those additional areas required to provide for safe ingress and egress to and from the space.
The area set aside to meet those provisions must be usable and shall have permanent access for off-street parking.
(E) All motor vehicles incapable of movement under their own power or not properly licensed to operate on California highways, other than in cases of emergency, shall be deemed detrimental to the public welfare and shall be stored in an entirely enclosed building. After due notice and noncompliance, the vehicles shall be required to be removed from the premises.
(F) All parking facilities shall comply with handicapped parking requirements as prescribed by state law.
(G) Whenever the computation of the number of required parking spaces results in a fractional parking space, the parking requirement shall be rounded to the closest whole number, with a fraction of at least 0.5 rounded up. For instance, if computations for a commercial project result in 33.25 required parking spaces, then a minimum of 33 parking spaces shall be provided. If computations for an apartment project result in
22.5 required guest parking spaces, then 23 guest spaces shall be provided. (H) Multi-unit residential uses.
(1) All required parking spaces for guests shall be open and unenclosed, clearly marked with appropriate signage, and accessible at all times. A signing program for the required guest parking shall be prepared prior to issuance of building permits. (2) Guest parking shall be evenly distributed throughout the development for convenient use by guests. In condominium, stock cooperative or apartment projects, the required guest parking spaces shall not be individually sold or assigned to units. (3) All required parking spaces shall be available for use by tenants and guests without separate or additional charges. No property owner or property manager shall lease, rent, sell, use for storage, or otherwise make the required parking spaces unavailable to residents and guests.
(4) For multi-family development projects of four or more units, the rental or purchase of a dwelling unit shall be deemed to include, at a minimum, the exclusive use of one (1) covered parking space, and equal access to all other required open parking spaces reserved for residents.
(I) If an electric vehicle charging station or its associated equipment impacts the number of parking spaces required for an existing use, then the required number of parking spaces shall be reduced by an amount necessary to accommodate the charging station or associated equipment.
17.76.030 Number of spaces required.
TYPE OF USE NUMBER OF REQUIRED
SPACES
A. Residential Use:
1. Boarding house 1 space/2 guestrooms
2. Homeless or emergency shelter 1 space/staff member of largest shift, plus 1 space/12 beds, plus 2
guest spaces
3. Mobile home park 2 tandem spaces/unit, plus 1
uncovered guest space/5 units.
See 17.30.050(G) and
17.30.060(F)
4. Single-family 2 covered spaces within an
enclosed garage
Existing parking area for the
primary unit converted to an
accessory dwelling unit shall be
replaced with off-street parking on
the lot the primary unit is located.
Replacement parking may be
provided as covered parking,
uncovered parking and tandem
parking and may be provided on an
existing driveway in the front yard
setback, provided that the driveway
is 20 feet in depth.
5. Multi-family:
a. Studio or single bedroom unit
b. Two bedroom unit
c. Three or more bedroom unit
a. 1.52 covered spaces/unit, plus 1
uncovered guest space/5 units
b. 2 covered spaces/unit, plus 1
uncovered guest space/5 units
c. 2.5 covered and 1 uncovered
spaces/unit, plus 1 uncovered
guest space/5 units
See 17.76.010(H)
6. Recuperative care facility 1 space/3 beds
76. Senior citizen apartment housing:
market rate
1.5 covered spaces/unit, plus 1
uncovered guest space/4 units
87. Senior citizen apartment housing:
low or very low income
0.5 spaces/unit
98. Senior congregate housing 1.0 covered spaces/ per unit or bed, whichever is greater, plus 1
uncovered guest space per 4 units
or beds
109. Disabled or handicapped housing .3 spaces/unit 1 space per employee
1110. Accessory dwelling unit 1 uncovered space per bedroom shall be provided for an accessory
dwelling unit that is attached to the
primary unit or detached
No parking shall be required for an
accessory dwelling unit contained
within the existing space of a
primary unit or an existing
accessory structure
No parking shall be required for
any accessory dwelling unit if it
meets the parking criteria as set
forth in § 17.85.040(C).
B. Automotive Uses:
1. Auto dismantling 1 space/300 sq. ft. of building floor area, plus 1 space/10,000 sq. ft. of
yard area
2. Automotive repair (single and multitenant)5 space minimum, plus 1 space/200 sq. ft. of building area
3. Automotive repair (multi-tenant) 5 space minimum, plus 1 space/200 sq. ft. of building area
34. Automotive sales 1 space/1,000 sq. ft. of display area less than 10,000 sq. ft., plus 1
space/5,000 sq. ft. display area
exceeding 10,000 sq. ft.
45. Auto wash (full-service) 10 space minimum
56. Auto wash (self-service) 2 spaces/self-wash stall, plus 1 stacking space/ self-wash stall; and
6 stacking spaces from payment
kiosk at drive-thru tunnels
6. Service station, gas station A minimum of 3 spaces shall be provided on-site, per 17.72.030(E).
No additional parking shall be
required for service station pumps/
canopies.
Parking for ancillary automotive
repair shall be per 17.76.030.B.2,
inclusive of the minimum parking
per 17.72.030(E).
Parking for ancillary retail shall be
per 17.76.030.C.4, inclusive of the
minimum parking per 17.72.030(E).
C. Other Commercial Uses:
1. Adult business 1 space/250 sq. ft. of building area
2. Bank, saving and loan, financial
institution
1 space/200 sq. ft. of building area,
plus 6 stacking spaces for every
drive-thru lane
3. Barber or beauty salon 1 space/250 sq. ft. of building area
4. Convenience store 1 space/250 sq. ft. of building area
5. Dance hall or night club 1 space/50 sq. ft. of assembly area
6. Delicatessen or donut shop (no
seating)
1 space/250 sq. ft. of building area
7. Fitness and wellness studio, 3,500 sf
or less
1 space/250 sq. ft. of building area
87. Furniture or appliance sales 1 space/500 sq. ft. of display area, plus 1 space/2,500 sq. ft. of
storage area
98. Hotel or motor inn 1 space/bedroom or unit, plus 2
spaces for manager/s unit (not
including parking space
requirements for incidental use)
109. Laundry or dry cleaning facility 1 space/250 sq. ft. of building area 1110.Lumber yard 1 space/500 sq. ft. of enclosed
storage area
11. Mini-mall 1 space/250 sq. ft. of building area
12. Mortuary or funeral home 1 space/25 sq. ft. of assembly area
13. Nail Salon 1 space/100 sq. ft. of building area.
Parking requirement for proposed
structures in an approved retail
center where at least one certificate
of occupancy has been issued
before May 4, 2007 for a structure
therein, shall be those
requirements at the time of
issuance of the first building permit
in such retail center.
14. Office (general) 1 space/250 sq. ft. of building area
15. Office (medical or dental) 1 space/200 sq. ft. of building area
16. Open air market 1 space/250 sq. ft. of vending area, plus 1 space/vendor space
17. Plant nursery 5 space minimum, plus 1
space/250 sq. ft. of building area
(excluding green houses)
18. Restaurant, café, bar or other eating
and drinking establishment with seating
1 space/100 sq. ft. of building area
and outdoor seating area
19. Restaurant with drive-up or drivethru facilities1 space/100 sq. ft. of building area, plus 1 lane for each drive-up
window with 6 stacking spaces
before the menu board
20. Retail center (commercial and/or
office) on more than 20 acres
1 space/250 sq. ft. of building area,
or pursuant to § 17.76.070(B). For
proposed structures in an approved
retail center with a site area of 5
acres or more and for which at
least one certificate of occupancy
has been issued for a structure
therein before December 22, 1994,
the parking requirements shall be
those in effect at the time of
issuance of the first building permit
in such retail center.
2120.Retail center (commercial and/or
office) on more than five acres
1 space/250 sq. ft. of building area.
Parking requirements fFor
proposed structures in an approved
retail center with a site area of 5
acres or more and where for which
at least one certificate of
occupancy has been issued before
December 22, 1994, for a structure
therein, the parking requirement
shall be those requirements in
effective at the time of issuance of
the first building permit in such
retail center.
2221.Retail center (commercial and/or
office) on five acres or less
1 space/200 sq. ft. of building area.
The parking requirement fFor
proposed structures in an approved
retail center with a site area of 5
acres or less, and where for which
at least one certificate of
occupancy has been issued prior to
December 15, 2004 for a structure
therein, the parking requirement
shall be those requirements in
effect at the time of issuance of the
first building permit in such retail
center.
2322.Smoking lounge 1 space/200 sq. ft. of building area 2423.Theater 1 space/4 fixed seats
2524.Veterinary clinic 1 space/200 sq. ft. of building area 2625.Video arcade, game arcade 1 space/200 sq. ft. of building area or floor area if ancillary to another
use.
D. Industrial Uses:
1. Contractor storage facility 6 spaces
2. Junk yard 1 space/10,000 sq. ft. of storage
area
3. Manufacturing facility 1 space/500 sq. ft. of building area
4. Mining extraction facility 1 space for each employee during the largest shift
5. Office 1 space/250 sq. ft.
6. Self-storage facility/recreational
vehicle storage
1 space/50 units or spaces plus 2
spaces for Manager’s unit
7. Showroom design center 1 space/250 sq. ft. of display/retail area, plus 1 space/1,000 sq. ft. of
storage area
8. Warehouse 1 space/1,000 sq. ft. of storage
area (subject to approval by the
Zoning Administrator pursuant to
§ 17.99.065)
E. Institutional Uses:
1. Auditorium or club 1 space/4 fixed seats or 1
space/100 sq. ft. of assembly area
2. Church 1 space/3.5 fixed seats or 1
space/25 sq. ft. of assembly area
3. Convalescent home 1 space/3 beds, plus 1 uncovered
guest space/4 beds
4. Day care or preschool facility 1 space/employee, plus 1 space/10 children
5. Elementary or junior high school 1 space/employee (not including parking space requirements for
incidental uses)
6. High school 1 space/employee, plus 1 space/6
students
7. Hospital 1 space/bed, plus ½ space/bed for
employee parking
8. Library 1 space/400 sq. ft. of building area
9. Trade or vocational school 1 space/3 students enrolled, plus 1 space/employee
F. Recreational Uses:
1. Billiard hall 2 spaces/table
2. Bowling alley 5 spaces/alley (not including
parking space requirements for any
incidental uses)
3. Driving range 3 spaces, plus 1 space/tee
4. Golf course (standard size) 6 spaces/hole, plus required parking spaces for any incidental
use
5. Golf course (miniature) 3 spaces/hole, plus required parking spaces for any incidental
use
6. Health club, or fitness studio greater
than 3,500 sq. ft.
1 space/150 sq. ft. of building area
(including pool area)
7. Horse stable (commercial) 1 space/5 horses boarded
8. Team sport facility greater than 3,500
sq. ft. (i.e., basketball, volleyball, batting
cages, etc.)
As approved by Director, subject to
a parking analysis and based upon
nationally recognized standards
98. Public park or any other public
recreational facility
As prescribed by the Director of
Parks, Recreation and Community
Services, based upon nationally
recognized standards
109. Skating rink 25 spaces minimum, plus 1
space/750 sq. ft. of building area
1110.Tennis or racquetball club 3 spaces/court, plus required parking spaces for any incidental
use
G. Uses not specifically mentioned: Requirements of similar use H. Mixed uses: Sum of the requirements for each
use. A reduction of parking may be
granted for commercial and office
centers greater than 20 acres,
gross area, subject to Section
17.76.070(B).
17.76.070 Reduction in requirement.
(A) Whenever the city, or any special parking district or authority, owns, leases or commences condemnation proceedings on land to be used for public off-street parking purposes, the Planning Commission on its own motion or pursuant to application by the owner of any land abutting the area used or to be used for public parking, may reduce, in part or entirety, the off-street parking requirements imposed by this chapter, on the lands abutting said area; provided, however, that:
(A1) The Planning Commission, before granting a reduction in off-street parking requirements, shall make a finding that the stated conditions exist in reference to subject property; and that
(B2) The Planning Commission, in granting a reduction, may impose reasonable conditions which shall assure the intent and purpose of this title. (B) A reduction in required parking spaces may be granted to commercial and office centers greater than 20 acres in size, upon submittal of a shared parking analysis showing that the number of parking spaces needed is less than the sum of spaces required by Section 17.76.030. The shared parking analysis shall be prepared by a traffic engineer registered by the State of California. (1) An application for a reduction in parking shall be reviewed per Chapter 17.91, as follows:
(a) Approval of a Precise Plan in conjunction with proposed new commercial or office development.
(b) Approval of a Precise Plan Modification in conjunction with a proposed commercial or industrial development meeting the criteria of 17.91.020(B). (c) Approval of a Precise Plan Modification when no development is proposed, and a parking reduction has not been previously approved. (d) Approval of a Minor Precise Plan Modification when no development is proposed, and parking reduction has been previously approved for a shared use parking facility.
(2) The granting of a reduction in parking shall be based on the following findings:
(a) The nature and location of the proposed uses within the development, as well as their size compared to that of the overall development. (b) The location and adequacy of the parking spaces in the portion of the development where shared use of parking facility is proposed. (c) Assurances that the proposed uses will not overlap during peak-activity periods.
(d) The availability of parking and the type of uses beyond the property boundaries.
(3) As a condition of granting a reduction in parking, the property owner shall be required to record a covenant or agreement against the property in a form acceptable to the Director that provides notice of the shared use of parking facilities and guarantees that the uses will operate during mutually exclusive hours, and upon circumstances or criteria as the Planning Commission, or the City Council on appeal, may require.
17.76.090 Improvement standards.
(A) All parking areas shall be improved and maintained in accordance with the standards of the Public Works Department as to:
(1) Grading and drainage;
(2) Surfacing with cement or suitable asphaltic material to prevent the emanation of dust;
(3) Parking stalls layout and markings;
(4) Protective pipes at driveway entrances;
(5) Curbs, and barriers and wheel stops; and
(6) Marked-off directional signs.
CHAPTER 17.98
BOARD OF ZONING ADJUSTMENT AND SPECIAL USE PERMITS
17.98.072 Emergency shelter for the homeless.
(B) To be approved by the Board of Zoning Adjustment, any application for an emergency shelter in the M-2 or M-3 zones shall satisfy the following standards:
(1) The proposed shelter is in conformance with the Building and Fire Codes; (2) The proposed shelter use is consistent with the General Plan and zoning of the proposed site;
(3) The proposed shelter meets the development standards that are applicable to the zoning of the proposed site;
(4) The proposed shelter is at least 300 feet away from any other shelter facility; (5) Off-street parking is demonstrated provided in accordance with Chapter
17.76§ 17.76.030(A)(2) of this code (one space per staff member of largest shift, plus one space per 12 beds, plus two guest spaces).