Sec. 38-114. Basic Requirements for Off-Street Parking and Loading.
A. When Required.At the time of initial occupancy of a site, construction of a structure, or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with the regulations prescribed in this article. If all off-street parking regulations are not met, an application must be made for a parking adjustment. For the purposes of these requirements, “alteration or intensification” shall mean a change of use or an addition that would increase the number of parking spaces or loading berths required.
B. Nonconforming Parking or Loading.No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this article.
C. Spaces Required for Alteration or Enlargement or Change in Occupancy or Use.The number of parking spaces or loading berths required for an alteration or enlargement of an existing use or structure, or for a change of occupancy or use, including intensification of use, shall be in addition to the number of spaces or berths existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this article. In this case, the number of spaces or berths in excess of the prescribed minimum shall be counted in determining the required number of spaces or berths.
D. Common Loading Facilities.The off-street loading facilities requirements of this article may be satisfied by the permanent allocation of the prescribed number of berths for each use in a common truck loading facility, provided that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, an attested copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a zoning permit.
E.Computation of Spaces Required If, in the application of the requirements of this article, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half. (Ord. 3404, 2008)
F.Parking standards for the downtown, North Fremont and Lighthouse areas are as indicated in the respective specific plans. (Ord. 3550 § 2, 2016; Ord. 3404, 2008)
G. Cannery Row.
1.The Cannery Row parking area is established as shown in the map below.
(1).png)
2.With the exception of visitor accommodation facilities, cultural institutions and residential uses, all uses in the Cannery Row parking area shall provide parking to meet the following schedule: one space per 400 square feet for the first 1,000 square feet of floor area and one space per 500 square feet over 1,000 square feet of floor area. The parking standard for visitor accommodation facilities, cultural institutions, residential uses and the residential portion of mixed-uses in these mapped areas shall provide parking in accordance with the schedules for off-street parking contained in Section 38-115.
3.All construction that increases building area or removes existing on-site parking spaces shall provide new off-street parking spaces in accordance with adopted plans and standards.
4.No additional parking is required when: a) the use of an existing building changes and/or intensifies; or b) the building area (gross square footage) in an existing building is replaced or rebuilt.
5. Residential Parking Plan.Planning Commission approval of a residential parking plan shall be required for any change in use in an existing building that includes new residential uses. The residential parking plan shall identify means to provide parking for all of the residential units. Residential parking plan locations may include on-site lot, another lot under same ownership, off-site private lots with parking agreement or permit spaces in a public lot with fee and agreement. On-street residential parking permits will not be granted.
6. Employee Parking Plan.Planning Commission approval of an employee parking plan shall be required for a) removal and replacement of a building or buildings through demolition and reconstruction; b) a new use that requires a Use Permit; and c) a change in use that requires a use permit. The employee parking plan shall describe how a business or occupant in the reconstructed or new building will handle employee parking. The employee parking plan locations may include on-site lot, another lot under same ownership, off-site private lots with parking agreement, and permit spaces in public lot with fee and agreement. (3404, 02/2008)
7. Parking Adjustment.As an alternative to providing new or replacement off-street parking spaces, the Planning Commission may consider approving a parking adjustment that allows payment of a fee in lieu of providing the required parking. Such fee agreements shall run with the land and required fee payments shall be made to the transportation management fund. (Ord. 3550 § 3, 2016)