Los Banos City Zoning Code
ARTICLE 20
OFF-STREET PARKING
§ 9-3.2001 Purpose.
These regulations are intended to accommodate vehicles uses by occupants, visitors, customers, clientele, and employees of such buildings as per the following:
(a)
To provide accessible, attractive, secure, properly lighted, and well-maintained, and screened off-street parking facilities;
(b)
To reduce traffic congestion and hazards;
(c)
To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent non-residential land use districts;
(d)
To assure maneuverability of emergency vehicles; and
(e)
To provide appropriately designed parking facilities in proportion to the needs generated by varying types of land use.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 176, Ord. 1095, eff. November 20, 2010)
§ 9-3.2002 Applicability.
Every use hereafter inaugurated, and every structure hereafter erected or altered, shall have permanently maintained off-street parking areas pursuant to the provisions as defined in this article.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 176, Ord. 1095, eff. November 20, 2010)
§ 9-3.2003 General regulations.
(a)
No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this article.
(b)
The word "use" shall mean both the type and intensity of the use, and that a change in use shall be subject to all of the requirements of this article.
(c)
When a structure is enlarged or increased in excess of 25% of the floor area, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of the article.
(d)
Requirements for uses not specifically listed herein shall be determined by the Planning Director based upon the requirements for comparable uses and upon the particular characteristics of the use.
(e)
Fractional space requirements shall be rounded up to the next whole space.
(f)
Required guest parking in residential districts shall be designated as such and restricted to the use of guests.
(g)
Senior citizen apartments/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including, but not limited to, medical offices, shopping areas, mass transit, etc.
(h)
Existing residential lots of record, 10,800 square feet or larger which front on a major or secondary arterial shall provide circular drives or turnarounds.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 176, Ord. 1095, eff. November 20, 2010)
§ 9-3.2004 Number of off-street parking spaces required.
The following minimum number of off-street parking spaces as defined for residential in Section 9-3.226 and for non-residential in Section 9-3.240, shall be provided for each use (where "s.f." refers to square foot and "g.f.a." refers to gross floor area):
Use | Number of Required Spaces |
|---|---|
Residential Uses | |
Single-family residential | 2 off-street spaces per each dwelling 1,000 s.f. or more or 1 off-street space for dwellings less than 1,000 s.f. |
Dwellings, two-, three-, and four-family | 1.5 off-street spaces per each living unit of 1 bedroom or less and 2 off-street spaces per each living unit of 2 or more bedrooms |
Multiple-family residential | 1.5 off-street spaces per each living unit of 1 bedroom or less and 2 off-street spaces per each living unit of 2 or more bedrooms |
Mobile home parks | 1.5 spaces per each living unit |
Senior Residential Housing | |
Semi-independent/dependent units | 0.5 spaces per dwelling unit plus 1 per employee or as established at project review |
Retirement homes | 1.50 per dwelling unit plus 1 per employee or as established at project review |
Institutional Uses | |
Churches, conference/meeting facilities auditoriums, mortuary or funeral homes | 1 space per 5 fixed seats or, 1 space per 50 s.f. of seating area in the principal sanctuary, conference space, or auditorium, whichever is greater |
Assembly halls (without fixed seats) and exhibition halls | 1 space per each 100 s.f. of floor area used for assembly purposes |
Day care/nursery | 1 additional space for each employee or attendant beyond 2 |
Libraries, museums, art galleries | 1 space for each 300 s.f. of g.f.a. |
Hotels, motels, lodgings/roominghouses and clubs and fraternity/sorority houses having sleeping rooms | 1 space per each living or sleeping unit plus requirements for related commercial uses, plus 1 space per each 50 s.f. of g.f.a. of main assembly room plus 2 spaces for manager's unit. For facilities visible from any freeway or highway, on-site parking for "big rigs" shall be determined at project review. |
Health Care and Medical Facilities | |
Hospitals | 1 space for each bed, plus 1 space per each 1,000 s.f. of floor area |
Sanitariums/nursing/convalescent homes/homes for the aged and children | 1 space per each 2 beds, plus 1 space per each 1,000 s.f. of floor area |
Medical/dental/optometry offices/clinics | 1 space per each 200 s.f. of g.f.a. |
Residential care facilities (other than sanitariums or nursing homes) | 1 additional space for each employee or attendant beyond 2 |
Schools and Educational Facilities | |
Art/dance studios | 1 space per each employee, plus 1 space per 2 students |
Pre-school | 1 space per each faculty and employee |
Elementary/junior high (public/private) | 1 space per each faculty and employee |
Senior high schools, colleges, universities, and institutions of higher learning, parochial and private | 1 space per each 300 s.f. |
Business/professional trade schools | 1 space per each 300 s.f. |
Professional Office Uses (Non-Health Care) | |
Business and professional offices (except medical/dental/optometrical offices/clinics) | 1 space per 200 s.f. of g.f.a. |
Financial institutions, banks, savings and loans, post offices | 1 space per each 250 s.f. of g.f.a. plus 1 lane for each drive-up window and/or automatic teller machine with stacking space for 6 vehicles (8′ × 23′ per vehicle) per lane before the teller machine |
Office conversions from single-family | Determined at project review by the Planning Director |
Retail Commercial/Service Uses (Including Multi-Tenant Users) | |
Retail stores (except furniture/carpet/major appliance stores, and household equipment or furniture repair shops) | 1 space per each 300 s.f. of g.f.a. |
Indoor retail concession mall | 1 space per each 200 s.f. of g.f.a. plus 1 space for each vendor |
Multi-tenant auto-related | 1 space per each 200 s.f. of g.f.a. plus 1 space per each employee |
Barber shops/beauty shops | 1 space per each 250 s.f. of g.f.a. |
Furniture/carpet/major appliance stores, and household equipment, furniture repair shops | 1 space per each 500 s.f. of g.f.a. |
Self-serve laundry | 1 space for each 3 machines |
Eating Establishments/Uses (Restaurants, Cafés, Bars, with G.F.A. Including Outdoor Seating/Eating Areas) | |
Restaurants, taverns, and night clubs | 1 space per each 60 s.f. of customer seating area pus 1 space per each 400 s.f. of non-customer area |
Take-out only (180 s.f. of customer seating area or less and no more than 12 tables or counter seats) restaurants | 1 space per each 300 s.f. of g.f.a. |
Delicatessen/donut shops | 1 space per each 200 s.f. of g.f.a. |
Restaurants with drive-up or drive-thru facilities | In addition to required parking, 1 lane for each drive-up window with stacking space for 6 vehicles (8′ × 23′ per vehicle) before the menu board, per lane |
Industrial/Warehousing/Public Utility Uses | |
Auto dismantling/junk | 1 space per each 300 s.f. of g.f.a. plus 1 space for every 10,000 s.f. of gross yard area |
Communication equipment | 2 spaces per each 3 employees on the building's shift having the greatest number of employees, but not less than 1 space for each 5,000 s.f. of g.f.a. |
Industrial manufacturing plants, research and testing laboratories, and bottling plants | 1 space per each 500 s.f. of g.f.a. |
Wholesale warehousing/storage and utility buildings | 1 space per each 600 s.f. of g.f.a. |
Industrial office area | 1 space per each 200 s.f. of g.f.a. |
Machinery retail/wholesale | 1 space per 500 s.f. of g.f.a. |
Special Stand Alone Uses | |
Amusement/Recreational/Entertainment Facilities/Health Clubs | |
Aerobics | 1 space per 100 s.f. of g.f.a. |
Basketball courts | 5 spaces per court |
Billiard halls | 2 spaces per table |
Bowling alleys | 1 space for each 300 s.f. |
Dance halls | 1 space per each 50 s.f. of dance floor area, plus additional spaces as required for accessory uses determined at project review |
Driving ranges | 2 spaces plus 1 space per tee |
Golf course | 3 spaces per hole, plus as required for incidental uses (i.e., pro shop, bar, banquet room, etc.) |
Gyms for health/fitness/body building | 1 space per 200 s.f. of g.f.a. |
Miniature golf course | 3 spaces per hole, plus as required for incidental uses (i.e., game room, food service, etc.) |
RV parks | 1 space per each recreational vehicle space |
Skating rinks | 1 space per each 50 s.f. of skating area plus each additional use as required |
Spectator entertainment (sports arenas, stadiums, auditoriums, theaters, and gymnasiums) | 1 space per each 5 fixed seats or 1 space per each 50 s.f. seating area |
Swimming pools | 1 space per each 500 s.f. of pool area plus 1 per employee |
Tennis/racquetball | 2 spaces per court |
Theme amusement/recreational parks | Determined at project review |
Video arcade | 1 space per each 100 s.f. of g.f.a. |
Water slides | 4 spaces per each slide lane |
Carwash—self service | 2 spaces per stall plus 2 space queuing lane (8′ × 23′ per vehicle) in front of each stall |
Carwash—full service | 1 space per every 3 employees on the maximum shift plus reservoir capacity equal to 2 times the capacity of the washing operation (the length of the conveyor divided by 20) |
Commercial stables | 1 space for each 5 horses boarded on-site |
Convenience stores (stand alone) | 5.4 spaces per 1,000 s.f. of (stand alone) g.f.a. |
Fuel sales | 2 spaces minimum plus 1 space per each service bay, plus each additional use as required |
Mini-storage facilities | 2 spaces (minimum) plus 1 space per each 200 s.f. of office area |
Plant nurseries/garden centers (in conjunction with retail uses) | 1 space per 2,000 s.f. outdoor display area plus 1 space per 400 s.f. of g.f.a. |
Swap meet | 1 space per each 200 s.f. of g.f.a. plus 1 space per vendor space |
Transportation facilities | To be determined at project review |
Vehicle repair/garage | 1 space per 500 .sf. of g.f.a. |
Vehicle service/motor vehicle tune-up | 1 space per 400 s.f. of g.f.a. or 3 lubrication and spaces per bay (whichever is greater) plus 1 per company vehicle |
Vehicle/RV sales | 1 space per 1,000 s.f. of lot area plus each additional use as required |
Veterinary hospitals | 4 spaces per doctor plus 1 per employee |
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 177, Ord. 1095, eff. November 20, 2010)
§ 9-3.2005 Parking spaces for people with disabilities.
The design and layout of all parking facilities, the quantity of parking space required and their dimensions for people with disabilities shall comply with the handicap accessibility requirements of the California Administrative Code and with the sign requirements of the California Vehicle Code. The number of accessible parking spaces are identical to those established by the State at the time of the adoption of this article, with any changes in the State's handicap parking preempting the affected requirements of this article. Exception: The number of accessible spaces shall not apply to existing facilities where compliance was achieved with previous Municipal Code requirements.
(a)
Handicap accessible parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicap.
(b)
Handicap accessible parking spaces shall be provided for all uses other than residential at the following rate:
Total Number of Parking Spaces in Lot or Garage | Minimum Required Number of Accessible Spaces |
|---|---|
1 — 25 | 1 |
26 — 50 | 2 |
51 — 75 | 3 |
76 — 100 | 4 |
101 — 150 | 5 |
151 — 200 | 6 |
201 — 300 | 7 |
301 — 400 | 8 |
401 — 500 | 9 |
501 — 1,000 | 2% of total |
1,001 and greater | 20% plus 1 for each 100, or fraction thereof over 1,001 |
(c)
Handicap accessible parking spaces shall meet State of California and Americans with Disabilities Act (ADA) design criteria as applied to dimensions for designated handicap and van accessible spaces.
(d)
Handicap accessible parking spaces as required by this article shall count towards fulfilling off-street parking requirements.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2006 Bicycle/motorcycle parking.
Bicycle and motorcycle parking shall be provided for all commercial, industrial, public, and semi-public uses, and shall be in addition to required automobile parking spaces.
(a)
Number Required. Where 10 or more automobile parking spaces are required, the number of bicycle and motorcycle parking spaces provided shall be a minimum of 10% or the number of required automobile parking spaces.
(b)
Bicycle Rack Design Requirement. For each bicycle parking space required, a compatible bike rack shall be provided to which a user can secure a bicycle. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.
(c)
Noninterference with Circulation. Bicycle parking shall be provided in a manner which does not interfere with pedestrian or vehicular circulation and shall be located near building entrances.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2007 In-lieu parking fee.
In lieu of providing off-street parking spaces as required by this article, an owner may pay the City a sum equal to 50% of the value per each parking space at the time a building permit is issued. The value shall be fixed by resolution of the City Council based upon a cost analysis of developing municipal off-street parking facilities as determined by the City Engineer. The money shall be deposited in a special fund for the exclusive purpose of providing future public parking facilities in the general vicinity of the buildings to be served which will benefit from the use, or used for expanding and improving existing uses, or a change of use within an existing structure, or maintaining off-street parking facilities in the district insofar as practical.
(a)
In-lieu fees collected shall be committed by the City Treasurer by allocation to a project, within a period of 10 years after payment of such fees or after issuance of building permits, whichever occurs later. If such fees are not committed within that time, they shall be distributed and paid to the then owner of record along with a proportional share of interest earned, less administrative costs for handling.
(b)
The first 1,500 square feet of gross building area of existing buildings shall be exempt from calculation of the in-lieu fee in cases where occupancy is changing to a more intensive use. This exemption shall not apply to residential uses converting to office or commercial uses.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2008 Joint-use parking facilities.
(a)
Joint-Use Parking Facilities. The authorized agent of the Planning Commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities upon the conditions specified in this section:
(1)
Up to 50% of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a church or an auditorium incidental to a public or parochial school or of a use considered to be primarily a nighttime use; up to 50% of the parking facilities required by this section for a use considered to be primarily a nighttime use, may be provided by the parking facilities of a use considered to be primarily a daytime use; provided, such reciprocal parking area shall be subject to conditions set forth in Section 9-3.2008(b).
(2)
Up to 100% of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use; provided, such reciprocal parking area shall be subject to conditions set forth in Section 9-3.2008(b).
(3)
The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: dance halls, theaters, and auditoriums other than those incidental to a public or parochial school or church.
(4)
Up to 50% of the parking facilities required by this section for a use from 5:00 p.m., Friday until 12:00 midnight, Sunday, may be provided by the parking facilities of a use considered to be primarily a weekday use; provided, such reciprocal parking area shall be subject to conditions set forth in Section 9-3.2008(b).
(b)
Conditions Required for Joint Use of Parking Facilities.
(1)
The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within two hundred (200′) feet of the parking facility.
(2)
The applicant shall show that there will be no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.
(3)
If the building, structure, or improvement requiring parking space is one ownership, and the required parking space provided is another ownership, partially or wholly, there shall be a recording in the office of the County Recorder of a covenant by such owner or owners for the benefit of the City in the form first approved by the City that such owner or owners will continue to maintain the parking space so long as the building, structure, or improvement is maintained within the City. The covenant shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that it is warranted that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the City.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 179, Ord. 1095, eff. November 20, 2010)
§ 9-3.2009 Parking design standards.
The following standards shall apply to parking lot design and minimal dimensions for off-street nonresidential and multifamily residential motor vehicle parking spaces.
(a)
Minimal Parking Space Dimensions, Ratios, and Parking Lot Design. Standards for full-size and small (compact) size nonresidential (commercial, industrial, assembly, church, and other nonresidential) and residential motor vehicle parking spaces for perpendicular and diagonal ("angled") layouts shall be as specified in the adopted Improvement Standards and Specifications. Compact motor vehicle parking shall not exceed 20% of the total number of spaces in a parking lot. Compact parking spaces shall not count towards meeting minimum required parking for single-family, two-, three-, and four-family dwellings.
(b)
Projections and Encroachments. Off-street parking spaces shall provide the minimum dimensions in either a perpendicular or diagonal ("angled") parking configuration. Such parking spaces shall be located off the City right-of-way. Any projection or encroachment into a yard, whether by a porch, landing, outside stairwell, or architectural feature shall leave the minimum clearance from the right-of-way for off-street nonresidential or residential parking.
(c)
Accessibility. All off-street parking areas shall have sufficient accessibility and interior circulation as determined by the site plan review of the Planning Director, and, excepting for four dwelling units or less:
(1)
Off-street parking area shall be designed so that the vehicle within the parking area will not have to enter a street to move from one location to any other location within that parking area;
(2)
Parking and maneuvering areas shall be designed so that any vehicle is able to leave the parking area and enter into an adjoining vehicular right-of-way in a forward direction;
(3)
For residential dwelling units, all required off-street parking areas shall be located not more than two hundred (200′) feet from, and conveniently accessible to the dwelling unit served by the parking space;
(4)
Off-street parking facilities shall be located on: (i) the same site as the use for which the spaces are required, or (ii) the adjoining site separated by a public alley.
(d)
Parking Obstructions. Parked vehicles shall not obstruct sidewalks, pedestrian walkways, and vehicular circular/drive-through areas.
(e)
Tandem Parking. Parking spaces resulting from a "tandem" arrangement shall not be counted.
(f)
Commercial Driveways. Commercial driveways shall be used on all driveways servicing four or more parking stalls. Maximum commercial and residential driveway widths and exceptions therefrom shall be as specified in the adopted Improvement Standards and Specifications.
(g)
Repair Work in Parking Areas. For all non-residential uses, no repair work or servicing of vehicles shall be conducted in a parking area.
(h)
Loading/Unloading Areas. Loading/unloading areas and dimensions shall be as specified in the adopted Improvement Standards and Specifications.
(i)
Illuminated Parking Areas. For illuminated parking areas of nonresidential uses, lighting fixtures should be equipped with directional prismatic lenses and hooding devices to deflect lighting away from residential sites and from interfering with the driving safety of vehicular traffic.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2010 Application of parking design and improvement requirements.
The standards of this article shall be fulfilled: (1) prior to the issuance of use permit and occupancy of any buildings or, (2) in the event of a conditional use permit involving no building permits, prior to validation of the conditional use permit. The standards of this article apply to all uses listed unless otherwise exempted by variance request at which time, as a condition of the variance, the parking areas, maneuvering/circulation areas, and driveways shall be surfaced with appropriate material based on vehicular characteristics, soil conditions, and surrounding land uses.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2011 Parking improvement standards.
(a)
Development Standards. All off-street parking areas, circulation/maneuvering areas, and driveways shall be paved and maintained as per the adopted Improvement Standards and Specifications of asphaltic concrete or other similar recognized surface, and all parking stalls shall be marked with a suitable paint or other material visibly indicating parking spaces.
(b)
Other Parking Lot Improvements. Excepting for four dwelling units or less, other parking lot improvements shall apply as specified in the adopted Improvement Standards and Specifications:
(1)
Required handicap parking shall be provided and labeled in accordance with Federal and ADA (Americans with Disabilities Act) requirements.
(2)
All parking areas shall have a minimum gross area as designated in the adopted Improvement Standards and Specifications for interior landscaping to make such parking area compatible with adjoining uses. Landscaping material installed shall be as defined in the Municipal Code.
(d)
Landscaping. All parking areas shall have an area of not less than 4% of the gross area devoted to interior landscaping to make such parking area compatible with adjoining uses.
(e)
Site Plan Review. A plot plan indicating the locations of stalls, egress and ingress points, landscaping, and the internal circulation pattern shall be submitted to the Planning Director for approval prior to development.
(f)
Controlling Provisions. The provisions set forth in this section shall be controlling, and any other provisions of the Code to the contrary shall be governed by the provisions of this section.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 178, Ord. 1095, eff. November 20, 2010)
§ 9-3.2012 Parking lot shading standards and master parking lot shade tree list.
Nonresidential (commercial, industrial, assembly, church, and other nonresidential uses) developments shall provide as part of the overall site landscape plan a minimum 50% shade tree canopy coverage as counted entirely on the subject site for designated parking lots and related areas, to be installed prior to occupancy. Parking lots and related areas shall be shaded at 50% shade coverage with tree canopies within five years of issuance of building permit. Development of such canopies shall be in accordance with City of Los Banos parking lot shading standards and master parking lot shade tree list. Parking lot shading standards and master parking lot shade tree list shall be adopted by the Los Banos Parks and Recreation Commission and approved by the Los Banos City Council. Such changes and/or modifications to the parking lot shading standards and master parking lot shade tree list may be implemented through a resolution by the Los Banos City Council, as recommended by the Los Banos Parks and Recreation Commission.
(§ 3, Ord. 916, eff. April 19, 1997, as amended by § 1, Ord. 1049, eff. October 20, 2006, and § 180, Ord. 1095, eff. November 20, 2010)
§ 9-3.2013 Parking or storage of vehicles prohibited on unpaved surfaces.
Subject to the provisions of Section 9-3.2017(b) no vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored upon any lawn, landscaped, or other unpaved surface in any zoning district within the City.
(§ 2, Ord. 1165, eff. January 4, 2019)
§ 9-3.2014 Purpose and applicability.
The purpose of this article is to establish standards to regulate on-site parking and storage of vehicles, in the R-1 and R-2 residential zoning districts within the City, to ensure that the on-site parking and storage of vehicles: (a) does not create public safety or public nuisance issues; (b) does not create an adverse aesthetic from street rights-of-way or adjacent/neighboring properties; and (c) does not create an adverse impact to adjacent parcels or the surrounding neighborhood.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2015 Definitions.
shall mean a surface area improved by means of application of concrete, cement, asphalt, blacktop, bricks, interlocking pavers, or other all-weather impermeable material which provides direct access to a garage or carport from a public street or private street, with a City-approved driveway approach or curb cut for access.
shall mean that area of the front yard adjacent to the public right-of-way, and between the paved driveway and its nearest side property line, that is improved for use in a manner substantially similar to the paved driveway.
shall mean a surface area improved by means of application of concrete, cement, asphalt, blacktop, bricks, interlocking pavers, or other all-weather impermeable material accessed from a public or private street, with a City-approved driveway approach or curb cut for access.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2016 Zoning clearance certificate and encroachment permits.
(a)
All paved driveways, paved driveway extensions, and or improved parking areas in the R-1 and R-2 residential zoning districts within the City require a zoning clearance certificate issued by the Community and Economic Development Director verifying that the improvement complies with the requirements of this Article and/or other applicable provisions of the Los Banos Municipal Codes whether or not a building permit is required.
(b)
Paved driveways, paved driveway extensions, and or improved parking areas in the R-1 and R-2 residential zoning districts approved as part of a discretionary approval such as a site plan, conditional use permit, or variance shall not require a zoning clearance certificate.
(c)
Access other than from a City-approved driveway approach or curb cut shall require an encroachment permit issued by the Public Works Director. The Director may grant relief from the requirements of this subsection in order to address practical hardships that would result from the application of this subsection, subject to reasonable conditions. In evaluating the hardship and imposing reasonable conditions the Director shall consider the degree and nature of the hardship as against the stated purpose of this article.
(d)
Use of a handicap sidewalk curb ramp or return or landing for required driveway approach and access is strictly prohibited.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2017 Parking or storage of vehicles prohibited on unpaved surfaces in the R-1 and R-2 residential zoning districts.
(a)
No vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any utility trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored upon any lawn, landscaped, or other unpaved surface in the R-1 and R-2 residential zoning districts.
(b)
Parking on a graveled driveway in existence on January 1, 2019 that otherwise meets the requirements of this Article shall be permitted as a nonconforming use. Nonconforming driveways may continue to be utilized as long as they are maintained in good operational condition as determined by the Chief Building Official and do not create a hazard or a public nuisance, except as follows:
(1)
If a residential property is redeveloped, and the costs exceed more than 50% of the value of the property, the parking and paving requirements must be brought up to current development requirements and shall no longer be considered a nonconforming condition.
(2)
If the use of a residential property is changed to a nonresidential use, the parking and paving standards for the new use must comply with current paving and parking requirements specified for the new use.
(c)
Existing nonconforming gravel driveways shall be maintained with compressed gravel or compacted crushed stone within a distinct border and shall be maintained with a minimum surface to base depth of four (4″) inches.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2018 On-site vehicle parking and vehicle storage-Front yard-Lot coverage.
(a)
No vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any utility trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential front yard except on a paved driveway or paved driveway extension or improved parking area specifically and properly designed for the purpose of parking vehicles as defined in Section 9-3.2015.
(b)
No more than 50% of the residential front yard may be improved with a paved driveway, paved driveway extension, and or improved parking area or any combination thereof.
(c)
No more than 50% of the residential front yard may be used for on-site vehicle parking.
(d)
No vehicle, in excess of twelve (12′) feet six (6″) inches in height including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any utility trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential front yard.
(e)
No semi truck or tractor or semi truck or tractor trailer shall be parked or stored in a residential front yard.
(f)
Recreational vehicles and utility trailers are subject to the regulations set forth in Part 3 of this article in addition to the provisions of this Part 2.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2019 On-site vehicle parking and vehicle storage-Side yard.
(a)
No vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential side yard except on a paved driveway or paved driveway extension or improved parking area specifically and properly designed for the purpose of parking vehicles as defined in Section 9-3.2015.
(b)
No vehicle, in excess of twelve (12′) feet six (6″) inches in height including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential side yard.
(c)
No semi truck or tractor or semi truck or tractor trailer shall be parked or stored in a residential side yard.
(d)
Recreational vehicles and utility trailers are subject to the regulations set forth in Part 3 of this article in addition to the provisions of this Part 2.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2020 On-site vehicle parking and vehicle storage-Back yard.
(a)
No vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential back yard except on a paved driveway or paved driveway extension or improved parking area specifically and properly designed for the purpose of parking vehicles as defined in Section 9-3.2015.
(b)
No vehicle, in excess of twelve (12′) feet six (6″) inches in height including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential back yard.
(c)
No semi truck or tractor or semi truck or tractor trailer shall be parked or stored in a residential back yard.
(d)
No more than three vehicles, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor any trailer, camper shell, watercraft, or other similar equipment, nor any other mode of transportation, whether or not motorized or operational, shall be parked or stored in a residential back yard with the following limitations:
(1)
No more than one vehicle parked or stored in a residential back yard may exceed the height of the fence line to a maximum of twelve (12′) feet six (6″) inches.
(e)
Recreational vehicles and utility trailers are subject to the regulations set forth in Part 3 of this article in addition to the provisions of this Part 2.
(§ 3, Ord. 1165, eff. January 4, 2019)
§ 9-3.2021 Purpose.
The purpose of this article is to regulate the use, storage, and parking of recreational vehicles, recreational trailers, heavy equipment and utility trailers in the City, in the interest of public health, safety, and welfare to prevent such vehicles from being utilized as housing except in lawfully established trailer parks and to ameliorate street congestion, sight blockage and aesthetic blight caused by the improper storage and parking of such vehicles.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 259, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1165, eff. January 4, 2019)
§ 9-3.2022 Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
shall mean a vehicle with or without motor power which is designed or used for human habitation and which may contain plumbing, refrigeration, cooking, heating, or electrical equipment, but does not include an installed "mobile home" as set forth in Government Code Sections 65852.3 and 65852.7.
shall mean a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term "camper" does not include a camper shell.
shall mean a structure designed to be mounted upon a motor vehicle and to provide shelter from the elements but does not contain plumbing refrigeration, cooking, heating, electrical equipment or other facilities for human habitation.
shall mean an established paved path leading directly from a garage or parking facility on a lot to the street or alleyway, and used primarily for the ingress or egress of vehicles.
shall mean heavy-duty vehicles, specially designed for executing construction tasks, most frequently, ones involving earth moving.
shall mean a vehicle that is a self-propelled device used or maintained for the transportation of persons or property upon a street or highway which is designed or used for human habitation and which may contain plumbing refrigeration, cooking, heating, or electrical equipment.
shall mean a self-propelled device used or maintained for the transportation of persons or property upon a street or highway.
shall mean an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision of either thereof.
shall mean a facility, the purpose of which is to provide secure storage area and which has been approved by the City to operate as a public storage business with designated parking areas for outside storage of vehicles or boats.
shall mean any vehicle or trailer designed, or modified for habitation or recreational uses including, but not limited to: a camp car, camper, motor home, house car, trailer coach, travel trailer, or camping trailer; boat, snowmobile, jet ski, recreational equipment; and any trailer designed or modified for use in transporting boats, motorcycles, jet skis, snowmobiles, horses or other livestock, tents and any other recreational equipment.
shall mean the leaving, standing, or parking.
shall mean a structure designed to be drawn by a motor vehicle for human habitation, or human occupancy for carrying persons or property on its own structure.
shall mean a trailer, whether open or enclosed, utilized for hauling equipment, materials or debris or for any similar purpose including but not limited to a utility or box trailer, farm trailer, auxiliary and pull dollies.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 260, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1165, eff. January 4, 2019)
§ 9-3.2023 Use restrictions.
It is unlawful for any person, between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next ensuing day, to use or occupy or permit the use or occupancy of any motor vehicle or recreational vehicle upon any lot, piece or parcel of land within the City, for temporary or permanent habitation purposes including but not limited to use for living or sleeping quarters, except as follows:
Within a residential zoning district, a resident of a single-family or two family lot located in a residential district may use a recreational vehicle that is lawfully stored within the front, side or rear yard of the resident's lot, for the purpose of temporary sleeping quarters, subject to the following limitations: any such recreational vehicle must be fully contained and must not require any plumbing hookups to the residential structure, and such use as temporary sleeping quarters shall in no event extend beyond seven calendar days (or portions thereof) within any 90-day period.
Upon a commercial parking lot where the business allows such parking by policy for transient travelers subject to the following limitations: any such recreational vehicle must be fully self-contained and must not require any electrical or plumbing hookups external to the recreational vehicle, and such use as temporary sleeping quarters shall in no event extend beyond one day.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 261, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1165, eff. January 4, 2019)
§ 9-3.2024 Storage and parking.
(a)
It is unlawful for any person to store or park heavy equipment on any lot or piece or parcel of land within an area zoned for residential purposes unless it is wholly enclosed within a structure.
(b)
It is unlawful for any person to store or park a recreational vehicle, utility trailer or camper shell not securely fastened to a vehicle, upon any lot or piece or parcel of land within an area zoned for residential purposes, including multiple-family areas in the City, except:
(1)
In a licensed trailer park or licensed public storage facility;
(2)
Within the side or rear yard of the lot, provided that the recreational vehicle or utility trailer be located no closer than three (3′) feet to any exit from a building used for human habitation, that its wheels are properly blocked or locked, that it does not encroach on a public right-of-way, and that it is not stored or parked in a clear vision zone of a corner lot, that it is no closer than five (5′) feet to any abutting side yard or five (5′) feet to any abutting rear yard, and provided further that it is screened from adjacent lots by a solid nontransparent fence six (6′) feet in height, unless a waiver is granted by the Planning Director; or
(3)
Within the front yard of the lot, provided that the recreational vehicle or utility trailer is located entirely within a paved driveway, paved driveway extension, or an improved parking area, that its wheels are properly blocked or locked, that it does not encroach on a public right-of-way, that it is no closer than five (5′) feet to any abutting side or front yard, and that it is not parked or stored in a clear vision zone on a corner lot. Additional improved parking areas may be provided in the front yard of a residential lot for the purpose of storing recreational vehicles, provided further that the paved area including the driveway does not exceed 50% of the front yard area. The provisions of this subsection allowing the storage or parking of recreational vehicles and utility trailers within the front yard shall be limited to one such vehicle.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 262, Ord. 1095, eff. November 20, 2010, and §§ 5, 6, Ord. 1165, eff. January 4, 2019)
§ 9-3.2025 Parking on City streets.
The parking of any recreational vehicle on any public street or avenue, highway, lane, alley, court or public place remains subject to regulation of parking pursuant to established City or State traffic and zoning regulations.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 263, Ord. 1095, eff. November 20, 2010; § 5, Ord. 1165, eff. January 4, 2019)
§ 9-3.2026 Dimensions.
No recreational vehicle or utility trailer which exceeds thirty-eight (38′) feet in length, eight (8′) feet six (6″) inches in width, or twelve (12′) feet six (6″) inches in height may be stored, parked and/or maintained within any residential district of the City.
(§ 1, Ord. 1007, eff. June 18, 2004, as amended by § 264, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1165, eff. January 4, 2019)
§ 9-3.2027 Minor adjustments.
(a)
The Director may grant minor adjustments to provide for minor exceptions from the site standards established by this article in order to address practical hardships that would result from the strict application of site standards or to accommodate a superior design that is also compatible with the neighborhood. In evaluating the hardship the Director shall consider the degree and nature of the hardship as against the stated purpose of the article.
(b)
Minor adjustments shall be limited to the following exceptions from site standards:
(c)
When the Director approves a minor adjustment, property owners existing at the time, located within three hundred (300′) feet shall be notified of the decision in compliance with Section 9-3.2323 of this title (Administrative Permit) and Chapter 3 Part 4 of this title (Use Permits). The notice shall identify the proposed adjustment and the available appeal process. The decision shall not take effect until the appeal period ends in compliance with Section 9-3.2330 of this title (Appeals).
(§ 7, Ord. 1165, eff. January 4, 2019)
§ 9-3.2028 Appeal.
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 7, Ord. 1165, eff. January 4, 2019)
§ 9-3.2029 Enforcement.
(a)
It is unlawful and a public nuisance to intentionally violate any of the provisions of this article. Violation of this article may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
(b)
In addition to any other remedy or penalty set forth in this article or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(c)
Remedies under this article are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(§ 7, Ord. 1165, eff. January 4, 2019)