Oakley City Zoning Code

Generally. It is the intent of this code that all land uses shall be provided with sufficient space located off-street for the parking of vehicles to meet the needs of persons employed at or making use of such land uses. No application for a building permit for the erection of a new structure or for the enlargement of an existing structure, or for the development of a land use, shall be approved unless it includes off-street parking facilities as required by this code.

Application to Existing Land Uses. Land uses in existence for which building permits have been approved, shall not be subject to the requirements of this chapter, provided that any off-street parking facilities now required or serving such land uses shall not, in the future, be reduced below these requirements.

Fractional Parking Space. Where the computation of required off-street parking spaces results in a fractional number, only the fraction of one-half (½) or more shall be counted as one (1).

Mixed Uses. Where property is occupied or intended to be occupied by two (2) or more establishments falling into different classes of uses, the off-street parking required shall be the sum of the requirements for the various individual establishments, computed separately; off-street parking provided for one (1) use shall not be considered as being provided for any other use.

Location. Required off-street parking shall normally be provided on the same lot or premises as the main use it serves. Where this is impractical, the Planning Commission may, by a Conditional Use Permit, authorize provision for parking on any parcel in the same ownership located within two hundred feet (200’) of the lot containing the main use.

Design and Layout. Off-street parking areas shall be designed in such a manner as to conform to the following regulations, subject to review and approval by the Community Development Director:

Maintenance and Operation. All required parking facilities shall be provided and maintained so long as the use exists which the parking facilities were designed to serve, or any use. Off-street parking facilities shall not be reduced in total area, except when such reduction is in conformity with the requirements of this Code.

Common Parking Facility. Nothing in this Code shall be construed to prevent the joint use of off-street parking for two (2) or more land uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the requirements of this Code.

Number of Required Spaces. Off-street parking spaces shall be provided for each land use on the basis of the following schedules:

Commercial Downtown District: provision of spaces subject to the Oakley Redevelopment Area Planned Unit District.

For a use not specified in this section, the same number of off-street parking spaces shall be provided as are required for the most similar specified use.

Requirements in Non-business Areas. Wherever one (1) or more parcels of land adjoin land of a publicly owned transportation facility, or a street adjoining a publicly owned transportation facility, or adjoin a zoning district allowing business uses, off-street parking may be allowed on these parcels to serve the public transportation facility or authorized business uses, after the issuance of a conditional use permit, if:

Loading Spaces. In any district, in connection with every building or part thereof, hereafter erected or enlarged which is to be used for manufacturing, storage, ware-housing, goods display, retail sales, wholesaling, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of materials, there shall be provided and maintained on the same lot with such building, off-street loading spaces as per the following schedule:

Pedestrian Accessways. All new "big box" commercial developments having parking lots with 100 spaces or more shall provide on-site pedestrian circulation systems that provide safe and convenient pedestrian accessways, while minimizing out-of direction travel. The pedestrian accessways shall comply with the following design standards:

Obstructions Prohibited. No structure (including but not limited to fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a State highway, public road, or street with another State highway, public road, or street, shall be constructed, grown, maintained or permitted higher than two and one-half feet (2 1\2’) above the curb grade, or three feet (3’) above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines twenty-five feet (25’) back from the point of their intersection; or in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on the tangents twenty-five feet (25’) back from the point of their intersection; or as justified by an engineering analysis approved by the City Engineer. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

Exceptions. This chapter shall not apply to existing public utility poles, or existing permanent structures or existing supporting members of appurtenances thereof; official traffic signs or signals; or corners where the contour of the land itself prevents visibility.

Railroad Crossings. The prohibitions and limitations of subsection (a) of this section shall apply in every setback or front yard of a lot within seventy-five feet (75’) of the point where a State highway, public road, or street crosses a railroad track.

Violation – Notice. If the City Engineer determines that a violation of this chapter exists, he shall give written notice to the owner, tenant, or person having possession, charge or control of the premises on which the violation exists. The notice may be given by registered or certified mail. The notice shall designate the obstruction and shall direct that the obstruction be removed within ten (10) days after receipt of the notice. The notice shall also recite the right of appeal provided for in subsection (e) of this section. It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten (10) day period unless within the period he appeals as provided for in subsection (e) of this section, in which case the removal must be accomplished within ten (10) days of an adverse ruling on the appeal or application or as ordered by the Planning Commission.

Appeal. The owner, tenant, or person having possession, charge or control of premises may appeal the determination of the City Engineer made under subsection (d) of this section, or may seek a variance from the terms of this chapter by application to the Planning Commission. Upon such application the Planning Commission may review the determination of the City Engineer, if the application is an appeal therefrom, and in any case if it determines that a violation of this chapter exists or is proposed or planned, may grant, grant conditionally, or refuse to grant a variance from the terms of this chapter.

Removal After Appeal. Within ten (10) days after the Planning Commission determines that the obstruction must be removed, the applicant shall remove the obstruction.