§ 161.

EXEMPTIONS 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.

a.

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

b.

Loading across very wide sidewalks. No off-street loading shall be required where access to the lot cannot be provided 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 disruption to pedestrian traffic.

c.

Uses other than dwellings in CVR and CRNC districts. In recognition of the compact and congested nature of portions of Chinatown, the accessibility of this area by public transit, and programs for provision of public parking facilities on an organized basis at specific locations, no off-street parking shall be required for any use other than dwellings units where a requirement is specified, in Chinatown Visitor Retail, or Chinatown Residential Neighborhood Commercial Districts.

d.

Uses other than dwellings in the CCB District and Washington-Broadway SUDs. In recognition of the small scale of development, the desirability of retention and conversion of many existing buildings of established character, the need to relieve congestion, and the provision of public parking facilities on an organized basis at specific locations, no off-street parking shall be required for any use other than dwellings in the Washington Broadway Special Use District Numbers 1 and 2 as described in Section 239 of this Code and in the Chinatown Community Business District, where the size of the lot does not exceed 20,000 square feet.

e.

RC-4 Districts. In recognition of the close neighborhood orientation of the uses provided for in Residential-Commercial Combined Districts of high density, no off-street parking shall be required for any principal use in an RC-4 District for which the form of measurement is occupied floor area, where the occupied floor area of such use does not exceed 10,000 square feet.

f.

Waterfront SUDs. In recognition of the policies set forth in the Northeastern Waterfront Plan, a part of the General Plan, the unique nature of the area and the difficulty of providing vehicular access thereto, the Zoning Administrator or Planning Commission in specific cases may determine an appropriate reduction in off-street parking requirements in Waterfront Special Use District Numbers 1 and 3 as described in Sections 240.1 and 240.3 of this Code, in authorizing any principal or conditional use, respectively, under those sections. In considering any such reduction, the Zoning Administrator for principal uses, and the Planning Commission for conditional uses, shall consider the criteria set forth in Section 307(i) of this Code.

g.

Public parking in lieu of required parking in NC Districts. In instances in which all public agencies involved have certified by resolution that the requirements of this Code (i) will be satisfied in whole or in part by public off-street parking facilities constructed or authorized to be constructed for a special assessment district or upon any other basis, or (ii) in NC Districts will be satisfied by a requirement of a cash contribution in an amount deemed sufficient to provide for the future construction of the required number of parking stalls, or by projects and programs which improve the management of on-street parking in the vicinity or which reduce demand for parking, off-street parking required for individual buildings and uses may be correspondingly reduced if the total off-street parking supply in the area will nevertheless meet the requirements of this Code for all buildings and uses in the area.

h.

North of Market SUD. There shall be no minimum off-street parking requirements in the North of Market Residential Special Use District described in Section 249.5 of this Code

i.

Freight loading and service vehicle spaces in C-3 Districts. In recognition of the fact that site constraints in C-3 Districts 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 in C-3 Districts may be permitted, in accordance with the provisions of Section 309 of this Code. 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.

j.

NC and RC Districts. The Zoning Administrator may reduce the off-street parking requirements in NC Districts, as described in Article 7 of this Code, and in RC Districts pursuant to the procedures and criteria of Sections 307(g) and (i) of this Code.

k.

Historic Buildings. There shall be no minimum off-street parking or loading requirements for any principal or conditional use located in (A) a landmark building designated per Article 10 of this Code, (B) a contributing building located within a designated historic district per Article 10, (C) any building designated Category I-IV per Article 11 of this Code, or (D) buildings listed on the National Register and/or California Register.

l.

Dwellings in Chinatown Mixed-Use Districts. With respect to dwelling units in the Chinatown Mixed Use Districts, the parking requirement may be reduced to not less than one space for each four dwelling units, if the Zoning Administrator determines pursuant to Section 307(g) that the reduced parking requirement is sufficient to serve the reasonably anticipated auto ownership by residents of and auto usage by visitors to the project.

m.

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 (i) the recommendation of the Department of Public Works Bureau of Urban Forestry, or its successor agency, or (ii) the recommendation of a certified arborist as documented in the subject tree’s required tree protection plan.

n.

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.

o.

Protected street frontages and transit stops. The Planning Commission may reduce or waive required parking or loading for a project if it finds that:

1.

The only feasible street frontage for a driveway or entrance to off-street parking or loading is located on a protected pedestrian-, cycling-, and transit-oriented street frontage, as defined in Section 155(r), or;

2.

The only feasible street frontage for a driveway or entrance to off-street parking or loading is located at a transit stop; and

3.

The reduced or waived parking and loading can meet the reasonably anticipated mobility needs of residents of, workers in, and visitors to the project.

p.

Garage additions in the North Beach Neighborhood Commercial District, North Beach-Telegraph Hill Special Use District, and Chinatown Mixed-Use Districts. Notwithstanding any other provision of this Code to the contrary, a mandatory discretionary hearing by the Planning Commission is required in order to install a garage in an existing residential structure of four units or more in the North Beach NCD, the North Beach-Telegraph Hill Special Use District, and the Chinatown Mixed Use Districts; Section 311 notice is required for a building of less than four units.

In approving installation of the garage, the Commission shall find that: (1) the proposed garage opening/addition of off-street parking will not cause the “removal” or “conversion of residential unit,” as those terms are defined in Section 317 of this Code; (2) the proposed garage opening/addition of off-street parking will not substantially decrease the livability of a dwelling unit without increasing the floor area in a commensurate amount; (3) the building has not had two or more evictions with each eviction associated with a separate unit(s) within the past ten years, and (4) the proposed garage/addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of notification under Section 311(c)(2) of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the Department shall independently verify. The Department shall also have made a determination that the project complies with (4) above.

AMENDMENT HISTORY

History

(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. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 109-11, File No. 101350, App. 6/29/2011, Eff. 7/29/2011)

Divisions (a) through (p) amended; division (q) added; Ord. 63-11, Eff. 5/7/2011. Divisions (g) and (p) amended; former divisions (k), (l), (o), and (q) deleted; former divisions (m) and (n) redesignated as divisions (k) and (l); divisions (m), (n), and (o) added; Ord. 109-11, Eff. 7/29/2011.

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