§ 161. EXEMPTIONS AND EXCEPTIONS FROM OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE REQUIREMENTS.

The following exemptions shall apply to the requirements for off-street parking and loading spaces set forth in Sections 151 through 155 of this Code. These provisions, as exemptions, shall be narrowly construed. Reductions or waivers by the Zoning Administrator permitted by this Section 161 shall be conducted pursuant to the procedures of Section 307(h)(2). Where exceptions in this Section require approval by the Zoning Administrator, the Zoning Administrator shall consider the criteria of Section 307(i).

(a) Topography. No off-street parking shall be required for a one-family or two-family dwell- ing where the lot on which such dwelling is located is entirely inaccessible by automobile because of topographic conditions.

(b) Parking or Loading Across Very Wide Sidewalks. No off-street parking or loading shall be required where access to the lot cannot be pro- vided other than by means of a driveway across a sidewalk 25 feet or more in width from the curb to the front lot line which would cause serious dis- ruption to pedestrian traffic.

(c) Joint Use of Off-Street Parking. Joint use of the same off-street parking spaces to meet the requirements of this Code for two or more structures or uses may be permitted, where the normal hours of operation of such structures or uses are such as to assure the feasibility of such joint use of parking and where the total quantity of spaces provided is at least equal to the total of the required spaces for the structures or uses in operation at any given time.

(d) Exceptions to Improve Conformity with Setbacks, Yards, Open Space, and Other Requirements of the Code. The Zoning Administrator may reduce or waive the off-street parking requirement for existing buildings if removal of parking and associated structures increases conformity with required front setbacks, side yards, and rear yards, increases conformity with open space or street frontage requirements, reduces or eliminates any nonconforming encroachment onto public rights-of-way or other public property or easement, and/or reduces or eliminates any other code nonconformity.

(e) Freight Loading and Service Vehicle Spaces. In recognition of the fact that site constraints may make provision of required freight loading and service vehicle spaces impractical or undesirable, a reduction in or waiver of the provision of freight loading and service vehicle spaces for uses may be permitted, by the Zoning Administrator in all districts, or in accordance with the provisions of Section 309 of this Code in C-3 Districts. In considering any such reduction or waiver, the following criteria shall be considered:

(1) Provision of freight loading and service vehicle spaces cannot be accomplished underground because site constraints will not permit ramps, elevators, turntables and maneuvering areas with reasonable safety;

(2) Provision of the required number of freight loading and service vehicle spaces on-site would result in the use of an unreasonable percentage of ground-floor area, and thereby preclude more desirable use of the ground floor for retail, pedestrian circulation or open space uses;

(3) A jointly used underground facility with access to a number of separate buildings and meeting the collective needs for freight loading and service vehicles for all uses in the buildings involved, cannot be provided; and

(4) Spaces for delivery functions can be provided at the adjacent curb without adverse effect on pedestrian circulation, transit operations or general traffic circulation, and off-street space permanently reserved for service vehicles is provided either on-site or in the immediate vicinity of the building.

(g)1 Historic Buildings. There shall be no minimum off-street parking or loading requirements for any principal or Conditional Use located in (1) a landmark building designated per Article 10 of this Code, (2) a contributing building located within a designated historic district per Article 10, (3) any building designated Category I-IV per Article 11 of this Code, or (4) buildings listed on the National Register and/or California Register.

(h) Landmark and Significant Trees. The required off-street parking and loading may be reduced or waived if the Zoning Administrator determines that provision of required off-street parking or loading would result in the loss of or damage to a designated Landmark Tree or Significant Tree, as defined in the Public Works Code. The Zoning Administrator’s decision shall be governed by Section 307(i) and shall require either (1) the recommendation of the Department of Public Works Bureau of Urban Forestry, or its successor agency, or (2) the recommendation of a certified arborist as documented in the subject tree’s required tree protection plan.

(i) Geologic Hazards. No off-street parking or loading shall be required where the Planning Department finds that required parking or loading cannot practically be provided without compromising the earthquake safety or geologic stability of a building and/or neighboring structures and properties.

(j) Protected Street Frontages and Transit Stops. No off-street parking or loading is required on any lot whose sole feasible automobile access is across a protected street frontage identified in Section 155(r).

(k) Curbside Transit Lanes and Bikeways. No off-street parking or loading is required on any lot whose sole feasible automobile access is across a curbside transit lane or bikeway.

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 15-98, App. 1/16/98; Ord. 278-00, File No. 001421, App. 12/15/2000; Ord. 129-06, File No, 060372, App. 6/22/2006; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. , File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. , File No. 101350, App. 6/29/2011, Eff. 7/29/2011; Ord. , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. , File No. 141266, App. 4/30/2015, Eff. 5/30/2015; Ord. , File No. 170206, App. 5/19/2017, Eff. 6/18/2017; Ord. , File No. 180914, App. 11/20/2018, Eff. 12/21/2018; Ord. , File No. 181028, App. 12/21/2018, Eff. 1/21/2019)

AMENDMENT HISTORY

[Former] divisions (a)-(p) amended; [former] division (q) added; Ord. , Eff. 5/7/2011. [Former] division (g) amended; former divisions (k), (l), (o), and (q) deleted; former divisions (m) and (n) redesignated as [former] divisions (k) and (l); new [now former] divisions (m), (n), and (o) added; [former] division (p) amended; Ord. , Eff. 7/29/2011. Section header and introductory paragraph amended; former division (c) deleted; former division (d) redesignated as (c) and amended; former division (e) deleted; former division (f) redesignated as (d) and amended; former division (g) redesignated as (e); former division (h) deleted; former division (i) redesignated as (f); former division (j) redesignated as (g) and amended; former division (k) redesignated as (h); former division (l) deleted; former divisions (m), (n), and (o) redesignated as (i), (j), and (k); former division (p) deleted; Ord. , Eff. 12/26/2014. Introductory paragraph and divisions (b), (e), and (g) amended; division (l) added; Ord. , Eff. 5/30/2015. Introductory paragraph amended; former division (c) deleted; former divisions (d)-(l) redesignated as (c)-(k) and current divisions (c), (g), and (h) amended; Ord. , Eff. 6/18/2017. Division (j) amended; divisions (j)(1)-(3) deleted; Ord. , Eff. 12/21/2018. Introductory paragraph and divisions (c) and (e) amended; division (f) deleted; Ord. , Eff. 1/21/2019.

CODIFICATION NOTE

1. Ord. deleted division (f), but did not redesignate the subsequent divisions.