The purpose of this chapter is to:

A.

Promote effective vehicle circulation, reduce congestion, increase safety and aesthetics within the off-street parking and off-street loading areas.

B.

Promote proper siting of the off-street vehicle parking or off-street loading areas to minimize potential adverse effects on adjacent land uses.

C.

Encourage the use of alternative modes of transportation and reduce trips by establishing standards for on-site shower and changing rooms.

D.

Ensure access and maneuverability for emergency vehicles.

E.

Encourage bicycles as an alternative mode of transportation by providing adequate, convenient, and secure bicycle parking facilities to meet the needs generated by specific uses.

F.

Ensure that new development is designed to support sustainable transportation choices for residents, employees, and visitors. The provisions contained herein implement Envision San José 2040, and Climate Smart San José, state legislation including Senate Bill (SB) 743, the Sustainable Communities and Climate Protection Act of 2008 (SB 375), the California Global Warming Solutions Act of 2006 (AB 32), the California Complete Streets Act of 2008, and Bay Area Air Quality Management District (BAAQMD) Regulation 14.

G.

Reduce dependence on drive-alone trips and increase sustainable mode share to comply with the directives of SB 743, including the development of multimodal transportation system and a diversity of land uses, and applicable requirements under Bay Area Air Quality Management District (BAAQMD) Regulation 14.

H.

In compliance with SB 743, mitigate the transportation impacts resulting from new development by providing sustainable, accessible, and affordable transportation options that support the journeys of people of all income levels and modal choices.

I.

Support the strong link between land use and transportation through promotion of infill development and mixed land uses that bring common destinations closer to people and make efficient use of infrastructure.

J.

Improve air quality and public health outcomes, and reduce San José's contribution towards climate change-through encouragement of sustainable mobility options and reduction of Vehicle Miles Traveled (VMT) and associated greenhouse gas emissions generated by driving.

K.

Advance equity, particularly in disadvantaged communities whose transportation access has been historically underserved, through the provision of safe, affordable, and accessible travel options that: connect people to jobs, services, and opportunities; improve health outcomes; and increase the resilience of environmentally impacted communities.

L.

Improve street safety and reduce transportation-related collision risks through the provision of bicycle, pedestrian, and transit infrastructure and services. Support the goal of Vision Zero to eliminate traffic fatalities and severe injuries, particularly in areas of the City with the highest incidences, which disproportionately includes disadvantaged communities.

M.

Implement a balanced transportation network by embracing Complete Streets principles of safety, comfort, and convenience for all users of the public right-of-way.

(Ords. 26248, 28836, 28858, 30857.)

A.

Every building for which a building permit application for new square footage was submitted on or after January 1, 2011, shall provide the required bicycle parking spaces in compliance with the provisions of this chapter.

B.

Every development that creates more than five thousand square feet of outdoor uses for which a development permit application was submitted on or after January 1, 2011 shall provide the required bicycle parking spaces for the outdoor uses in compliance with the provisions of this chapter.

(Ords. 26248, 27091, 28836, 29217, 30857.)

A.

This chapter incorporates by reference and adopts the objectives, criteria, and procedures for mandatory bicycle parking requirements contained in the California Green Building Standards Code.

B.

This title implements the mandatory bicycle parking requirements of the California Green Building Standards Code. To the extent there is any conflict between this title and the mandatory parking standards contained in the California Green Building Standards Code, the mandatory bicycle parking standards contained in the California Green Building Standards Code shall prevail whenever those standards are stricter or more restrictive than the standards set forth in this title. To the extent that the bicycle parking standards in this title are more stringent than the mandatory parking standards contained in the California Green Building Standards Code, the parking standards contained in this title shall prevail.

(Ords. 28836, 30857.)

A.

Off-street vehicle parking spaces existing on February 19, 2001, and/or required as a condition of any permit or approval by the City of San José, shall not be reduced in number or size without an approved development permit, or a permit adjustment if no development permit is required, in accordance with the requirements of Chapter 20.100.

B.

Off-street bicycle parking spaces existing on December 31, 2010 and/or required as a condition of any permit or approval by the City of San José shall not be reduced in number or size without an approved development permit in accordance with the requirements of Chapter 20.100.

(Ords. 26248, 28836, 29217, 30857.)

An off-street vehicle parking space for one use shall not be considered to provide a required off-street parking space for any other use except in the case of an alternating use in accordance with Section 20.90.200.

(Ords. 26248, 28836.)

For the purposes of this Chapter 20.90, the following definitions apply:

A.

"Off-street vehicle parking space" means the area, other than a public street, public way, or other public property, (and exclusive of off-street loading spaces) permanently reserved or set aside for the parking of one automobile or other motor vehicle or clean air vehicle under one and one-half ton capacity, together with and plus maneuvering areas as are hereinafter specified in this title; and whenever in this title the unmodified term "parking space" is used it shall, unless the context clearly requires otherwise, be construed as meaning off-street vehicle parking space.

B.

"Number of employees" means the greatest number of employees who are or may be on the premises associated with a specific use during any one working shift or period of time of the day or night, as determined by the director of planning.

C.

"Full-time employee" means the total number of hours all employees spend on the parcel during the peak eight-hour occupancy period of the parcel divided by eight hours.

D.

"Floor area" shall mean eighty-five percent of the "total gross floor area" of the building.

E.

"Total gross floor area" shall mean the sum of the gross horizontal areas of the several floors of the building, (including floors below as well as above ground), confined within the interior faces of the exterior walls of the building. A party wall between buildings shall be deemed an exterior wall of each of the buildings of which it is a part.

F.

"Long-term bicycle parking facilities" are secure bicycle storage facilities for tenants or occupants of a building or development that fully enclose and protect bicycles and may include:

1.

A covered, access-controlled enclosure such as a fenced and gated area with short-term bicycle parking facilities;

2.

An access-controlled room with short-term bicycle parking facilities; and

3.

Individual bicycle lockers that securely enclose one bicycle per locker.

G.

"Short-term bicycle parking facilities" mean bicycle facilities accessible and usable by visitors, guests or business patrons and may include:

1.

Permanently anchored bicycle racks;

2.

Covered, lockable enclosures with permanently anchored racks for bicycles;

3.

Lockable bicycle rooms with permanently anchored racks; and

4.

Lockable, permanently anchored bicycle lockers.

H.

"Clean air vehicles" means any combination of low-emitting, fuel efficient, and carpool or van pool vehicles.

I.

"Home-End Uses (HEU)" are uses whose parking demand and VMT are largely determined by vehicle ownership rates and use frequency among the residents of these uses.

J.

"Commute-End Uses (CEU)" are uses whose parking demand and VMT are largely determined by the volume of commuters driving to jobs generated by these uses.

K.

"Visit-End Uses (VEU)" are uses whose parking demand and VMT are largely determined by the volume of visitors driving to access goods, services, and social connection provided through these uses.

L.

"Other Uses (OTH)" are uses that typically generate moderate or minimal personal automobile parking demand and/or are typically minimally responsive to TDM mitigation efforts.

M.

"TDM Use Category" defines which category a specific land use falls under to determine the applicable TDM strategies than can be applied.

N.

"TDM Coordinator" is the designee of the City Manager that acts to review, monitor and enforce TDM requirements.

O.

"Point Target" means a number of points calculated based on the applicable Level and amount of parking proposed for the Project. The Point Target determines the total points a project shall achieve by implementing selected TDM Strategies.

P.

"Transportation Demand Management," or "TDM" means a program that includes incentives, services, policies, and physical improvements aimed at reducing drive-alone trips and Vehicle Miles Traveled (VMT). TDM encourages sustainable travel such as, but not limited to, public transit, bicycling, walking, and carpooling/vanpooling. TDM also includes strategies that reduce the need for trips altogether, such as telecommuting for work trips, and land use strategies that increase access to destinations. The City of San José's TDM Program is the set of regulations, requirements, processes, and implementation strategies set forth in this ordinance and the City of San José Transportation Analysis Handbook.

Q.

"Transportation Demand Management Plan Compliance Documentation," or "TDM Plan Compliance Documentation" means documentation provided by the property owner, no sooner than the Project has received a certificate of occupancy, to the TDM Coordinator demonstrating continued compliance with the Project's approved TDM Plan, including maintenance of all TDM Strategies. TDM Plan Compliance Documentation shall be provided on an annual basis unless it is waived by the TDM coordinator pursuant to the provisions of this ordinance and the TDM Program Guidelines.

R.

"Transportation Demand Management Monitoring Report," or "TDM Monitoring Report" means annual monitoring data that provides a reasonable sample period of travel characteristics, including but not limited to the percentage of modes of travel to and from the site and parking hour utilization. The TDM Monitoring Report shall be provided on an annual basis unless it is waived by the TDM Coordinator pursuant to the provisions of this ordinance and the TDM Program Guidelines.

S.

"Transportation Demand Management Plan," or "TDM Plan" means a Project's documentation, including a site plan and/or other documentation, that describes the TDM Strategies the project will implement in order to comply with the TDM Ordinance for the Project site as approved by the Director of Planning, Planning Commission or City Council.

T.

"Transportation Demand Management Program Standards," or "TDM Program Standards" means the City of San José's Standards that contain details of the TDM Program goals and benefits, processes, point targets, TDM Strategies, evaluation and reporting, and technical justifications. These program standards are contained within Chapter 5 of the City of San José's Transportation Analysis Handbook.

U.

"Transportation Demand Management Strategy," or "TDM Strategy" means a programmatic and/or physical strategy that aims to reduce drive-alone trips and/or VMT, and/or encourages sustainable mobility in a way that meets the intent of this Ordinance. TDM Strategies are assigned a point value and are listed in the TDM Program Standards.

V.

"User-Defined TDM Strategy" means a TDM Strategy that is not currently listed in the TDM Program Guidelines and is proposed by an applicant for inclusion in a Project's TDM Plan. A proposed User-Defined TDM Strategy shall aim to reduce drive-alone trips and/or VMT, and/or encourage sustainable mobility options in a way that meets the intent of this Ordinance. A User-Defined TDM Strategy shall be approved through the process outlined in Section 20.90.925.

W.

"Project" for the purposes of Chapter 20.90, means any building, group of buildings, or use which is permitted or the use is authorized through a single development permit or ministerial permit.

X.

"High Quality Transit Area" are within one half mile of a high-quality transit corridor or major transit stop. A high-quality transit corridor is defined in the California Public Resources Code, Section 21155(b) as may be amended. A major transit stop is defined in the California Public Resources Code, Section 21064.3 as may be amended.

Y.

"Vehicle Miles Travelled (VMT)" as defined by City Council Policy 5-1.

(Ords. 26248, 28836, 30857.)

A.

Off-Street Vehicle Spaces. All vehicle parking spaces may be any combination of sizes as set forth in Section 20.90.100, with the exception that no more than 40% of the spaces may be designated as small car spaces.

B.

Number of Bicycle Parking Spaces Required.

1.

The minimum number of bicycle parking spaces required for uses permitted under this Title is set forth in Table 20-190.

2.

Except as otherwise expressly permitted in this Chapter, the minimum number of bicycle parking spaces required under this Title shall be provided on private property on a parcel or development site in an area, other than a public street, public way, or other public property, permanently reserved or set aside for bicycle parking spaces.

3.

A minimum of two short-term bicycle parking spaces and one long-term bicycle parking space shall be provided for each site that has a nonresidential use set forth in Table 20-190.

4.

If the number of bicycle parking spaces hereinafter required contains a fraction, such number shall be rounded to the nearest higher whole number.

5.

When part or all of the bicycle parking spaces required for a land use is based on the number of full-time employees, that portion shall be provided in long-term bicycle parking facilities. When part or all of the bicycle parking spaces required for a land use is based on classrooms, that portion shall be provided in short-term bicycle parking facilities. When the bicycle parking required for a land use is based solely on square footage or other criteria in the table, at least eighty percent of the bicycle parking spaces shall be provided in short-term bicycle parking facilities and at most twenty percent shall be provided in long-term bicycle facilities.

6.

For bicycle parking spaces for multiple-dwelling residential use, at least sixty percent (60%) of the bicycle parking spaces shall be provided in long-term bicycle parking facilities, and at most forty percent (40%) shall be provided in short-term bicycle facilities.

Table 20-190
Bicycle Parking Spaces Required by Land Use and TDM Land Use Categorization

Table 20-211
Multiple Dwellings in the Pedestrian Oriented Zoning Districts

(Ords. 26248, 26455, 26495, 27075, 27607, 27797, 27955, 28321, 28449, 28460, 28579, 28836, 28858, 29011, 29217, 30227, 30290, 30372, 30396, 30857, 31095.)

A.

For uses that have company vehicles, parking spaces shall be provided for all company vehicles. In the case of vehicle rental facilities, parking spaces shall be provided for a minimum of 25% of vehicle inventory. These parking spaces may be provided off-site but shall not occur in a public or private right of way.

B.

For uses that include a vehicle work station such as auto repair and/or detailing, a vehicle storage area shall be provided to allow a minimum of four vehicles per vehicle work station. This area can be in either a conventional or tandem configuration.

C.

Existing residential uses that were permitted or deemed legal prior to November 10, 1965 shall maintain, at minimum, their parking per their original approved development permit or original legalized configuration (with the exception of single family residences).

(Ord. 30857.)

A.

Every use, including a change or an expansion of a use, shall provide on-site those showers and changing rooms required as set forth in Table 20-216.

B.

All showers and changing rooms shall be accessible to all employees.

Table 20-216
Showers Required

(Ord. 28836.)

A.

All off-street parking spaces shall conform to the design requirements set forth in Table 20-220.

B.

Off-street parking spaces for small cars shall be marked as such.

C.

Notwithstanding the provisions of this section, the approving person or body pursuant to the provisions of this title may allow reduction of the minimum width of certain twenty-four-foot aisles on a site to not less than twenty feet, provided such reduction will not impair the safe and convenient accessibility of the parking spaces affected thereby, and the safety of the site, as otherwise provided in this section.

D.

EV and Clean Air Vehicle parking shall be provided per San José Municipal Code Title 24 or California Green Building Standards Code, whichever is greater.

Table 20-220
Design Requirements - Off-Street Vehicle Parking Spaces

Note 1: Length of space means the minimum distance measured at right angles, from wall, curb, or fence, to nearest edge of aisle (length of stall perpendicular to aisle). In locations that have a curb, two feet of overhang may be included towards the length provided that all accessibility standards are met.

(Ord. 30857.)

All off street parking spaces and associated facilities, including curb directional markings, disabled symbols, landscaping, signs, striping, and wheel stops, and other facilities, shall be permanently maintained by the property owner in good repair, free of litter and debris, potholes, obstructions and stored materials.

(Ord. 30857.)

A.

No off-street vehicle parking space or off-street loading space shall be located within any side or front setback area required by other provisions of this title unless otherwise explicitly allowed or the director finds that the location of the off-street vehicle parking space or off-street loading space within the front or side setback area will not adversely affect surrounding development and issues a development permit or a development exception if no development permit is required. Uncovered parking for single family homes may be provided in the front or side setback provided that front yard paving limitations of Section 20.30.440 are met.

B.

No setback for any vehicle parking area consisting of six or more parking spaces located in, or adjoining, any residential district shall be less than the front setback, and corner side setback, if any, of the adjoining residential lot or parcel, unless the director finds that the location of the off-street vehicle parking space or off-street loading space within the front setback or corner side setback area will not adversely affect surrounding development and issues a development permit or a development exception if no development permit is required.

C.

In the main street districts, the following additional provisions shall apply:

1.

At-grade parking that is not fully enclosed within a building shall be set back fifty feet or more from the main street, except that an interim off-street parking establishment in conformance with the requirements of Table 20-156 may be located within fifty feet of the main street.

2.

At-grade parking that is not fully enclosed within a building shall be set back a minimum of five feet from any minor or major cross street, which setback area shall be landscaped and shall be maintained in good condition at all times.

3.

If at-grade parking that is not fully enclosed within a building includes six or more parking spaces, it shall be effectively screened on all sides which adjoin, face or are directly opposite any lot in a residential zoning district by a masonry wall or solid wood fence no less than five feet in height.

4.

At grade parking areas not located within a structure shall include one tree for every four parking spaces.

5.

Parking structures shall not be located within fifty feet of the main street unless they are submerged below grade or are integrated within buildings that conform to the active commercial building frontage requirements of Section 20.75.130.

D.

Parking that is required under Section 20.30.150.1 shall not be subject to subsection A. above.

(Ord. 30857.)

Each off-street vehicle parking space shall be provided with:

A.

A driveway not less than ten feet wide for ingress and egress; and

B.

A maneuvering area, such as an aisle or driveway, of appropriate dimension and design to provide safe and efficient means of entry and exit by automobiles and other motor vehicles; and

C.

For all lots with a one-family dwelling use, in which a driveway is provided, such driveway must be not less than eighteen (18) feet long measured at its shortest side, unless otherwise provided in this title.

D.

Notwithstanding any other provisions of this title, in a main street district, driveways providing vehicular access to a main street shall be no more than twenty feet in width at the minimum building setback line, except that the decision- maker may approve a wider driveway through a development permit based on a finding that greater width is needed to accommodate loading or other truck access.

E.

Primary vehicular access for a corner lot in a main street district shall not be provided from the main street frontage.

(Ord. 30857.)

The surface of all uncovered off-street vehicle parking spaces and aisles shall be treated or paved and maintained in such a manner as to provide a mud-free and dustless surface. When vehicle parking facilities having six or more parking spaces are paved with concrete, asphalt or other similar material, each vehicle parking space shall be defined by means of painted white lines. Such vehicle parking spaces shall be provided with drainage facilities adequate to dispose of all surface water accumulated within the vehicle parking area and shall be designed in conformance with current city policy related to post- construction storm water quality control.

(Ord. 30857.)

In a residential district, no conditional use permit shall be issued for a parking facility intended to serve non-residential uses, unless all of the following conditions are met:

1.

The residential district is immediately adjacent to the non-residentially zoned land where the business or other use to be served by such parking is located.

2.

Use of the parking is limited to passenger vehicles belonging to the users of the adjacent business or use being served by the parking.

3.

Use of the parking is limited to the hours of operation of the adjacent business or use being served.

4.

The following criteria and standards are met:

The minimum lot area and front and corner lot side setbacks of the Residence District are met.

a.

The minimum rear and interior lot side setbacks are ten (10) feet

b.

All setback areas and all other areas not required for parking spaces or circulation are landscaped.

c.

No part of any parking space, parking aisle or driveway shall be more than one hundred (100) feet from such nonresidential site.

d.

No driveway access is permitted from a public street unless either the public street is one that is designated an arterial or major collector by the General Plan of the City of San José, or the driveway is located within one hundred and fifty (150) feet of such a designated street.

(Ord. 31095.)

A.

For the purpose of this section, "bicycle parking facilities" shall refer to long-term and short-term bicycle parking facilities as defined in Section 20.90.050.

1.

All bicycle parking spaces provided shall be on a hard and stable surface.

2.

All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

3.

All bicycle parking facilities shall support bicycles by at least two contact points on the bicycle to prevent the bicycle from falling over and to prevent damage to wheels, frame, or other components.

4.

All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles.

5.

Short-term bicycle parking facilities are subject to and shall meet all the following requirements:

a.

The facilities shall be located at least three feet away from any wall, fence, or other structure.

b.

When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other.

c.

The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles.

d.

Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.

e.

The facilities shall meet the minimum dimensions for bicycle parking spaces listed in Table 20-190. The standard required bicycle space is 2 feet wide, 6 feet long and 4 feet tall.

f.

There must be at least 5 feet clear space to access all bicycle parking spaces and allow room for bicycle maneuvering. Where short-term bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way.

6.

The following information must be submitted with applications for an applicable building permit for new square footage or development permit:

a.

Location, access route, and number of both short-term and long-term bicycle parking spaces;

b.

The model or design of the bicycle parking facilities to be installed;

c.

Dimensions of all aisles and maneuvering areas; and

d.

Information adequate to illustrate the racks and spaces that satisfy the minimum horizontal requirement, and the racks and spaces that accommodate a larger bicycle footprint.

(Ords. 28836, 30857.)

A.

Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible and well lighted area within twenty feet of a building entrance and within view of pedestrian traffic.

B.

Short-term bicycle parking facilities that consist of: covered, lockable enclosures with permanently anchored racks for bicycles; or lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers shall be located in a convenient, highly visible and well-lighted area within one hundred feet of a common publicly accessible building entrance and within view of pedestrian traffic.

C.

Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and located within one hundred feet of building entrances accessible by tenants and occupants.

D.

If bicycle parking is not visible from the main building entrances, a sign must be permanently posted at the main entrances, including public and employee entrances, indicating the location of the bicycle parking.

(Ords. 28836, 30857.)

Editor's note— Ord. 30857, § 13, adopted Jan. 10, 2023, repealed § 20.90.200, which pertained to off-site, alternating use and alternative parking arrangements - vehicle or bicycle and derived from Ords. 26248, 28836, 29217.

Editor's note— Ord. 30857, § 13, adopted Jan. 10, 2023, repealed § 20.90.210, which pertained to vehicle parking - change in structure or use and derived from Ords. 26248, 27607, 28836, 28858, 30190.

Editor's note— Ord. 30857, § 13, adopted Jan. 10, 2023, repealed § 20.90.220, which pertained to reduction in required off-street parking spaces and derived from Ords. 26248, 26455, 27607, 27955, 28321, 28448, 28449, 28791, 28836, 28858, 29012, 29217, 29821, 30133, 30353, 30396, 30696.

A.

Whenever the city council has undertaken proceedings for the formation of an off-street parking assessment district, the city council may, by resolution, exempt the territory within such district from the off-street parking requirements set forth in this Chapter 20.90, or modify such requirements as appropriate.

B.

No such exemption or modification of the off- street parking requirements may be approved unless and until the off-street parking assessment district has been formed.

C.

The city council may at any time, by resolution, terminate any such exemption or modification if the council determines that the purposes of the off-street parking assessment district will not be achieved.

(Ords. 26248, 28836, 28858.)

A.

The director of planning may reduce or eliminate the required short-term bicycle parking spaces on private property with a development permit where all of the following conditions are met:

1.

The project provides short-term bicycle parking facilities in the public street within two hundred feet of a publicly accessible building entrance or site in conformance with an encroachment permit approved by the director of public works; and

2.

The Director of Planning determines that short-term bicycle parking facilities provided in the public sidewalk or other area of the public street are reasonably convenient and accessible to visitors or patrons of the subject site.

B.

There is no right to use the public streets for required bicycle parking spaces and any permits issued that allow for such facilities in the public streets may be revoked for any reason at any time, in which case such facilities shall be provided on private property.

(Ord. 28836.)

The director of planning may reduce or eliminate required long-term bicycle parking spaces for multi-family residential uses with a development permit when the multi-family uses are located in buildings that have individual enclosed garages assigned to each multi-family dwelling unit.

(Ord. 28836.)

The purpose of this part, in keeping with the purpose of this chapter, is to promote effective circulation, reduce congestion, a means for alternative transportation and increase safety and aesthetics through off-street two-wheeled motorized vehicle parking requirements.

(Ord. 30857.)

For the purpose of this Part, a two-wheeled motorized vehicle is defined as any two-wheeled motorized vehicle that is licensed by the Department of Motor Vehicles and intended for travel on public streets.

(Ord. 30857.)

A.

Two-wheeled motorized vehicle parking shall be provided at a rate of 2.5% of standard vehicle parking provided, except for multi-family residential uses when the multi-family uses are located in buildings that have individual enclosed garages assigned to each multi-family dwelling unit. Any fractional amount is rounded up. No two-wheeled motorized vehicle parking spaces are required if ten or less vehicle parking spaces are provided.

(Ord. 30857.)

Two-wheeled motorized vehicle parking facilities shall be located in a convenient, highly visible and well lighted area to minimize theft and vandalism, generally within fifty feet of a building entrance, adjacent to accessible parking and within view of pedestrian traffic.

(Ord. 30857.)

A.

Surfacing of two-wheeled motorized vehicle parking provided shall conform to the provisions of Section 20.90.140.

B.

Two-wheeled motorized vehicle parking spaces shall be a minimum of three feet in width and six feet in length.

C.

Two-wheeled motorized vehicle parking facilities within auto parking areas shall be separated by a physical barrier to protect two-wheeled motorized vehicles from damage by automobiles and other moving vehicles. Barriers include curbs, wheel stops or other similar features.

(Ord. 30857.)

"Off-street loading space" means an area, other than a public street, public way, or other property, (and exclusive of off-street parking spaces) permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space.

(Ords. 26248, 28836.)

A.

Any building, or part thereof, constructed, erected, or moved within or onto any lot or parcel of land in any district for any use as described in Subsection B., having a floor area of ten thousand square feet or more shall provide at a minimum one off-street loading space, plus one additional such loading space for each twenty thousand square feet of floor area.

B.

This section shall apply to buildings intended for use by a manufacturing plant, storage facility, warehouse facility, goods display facility, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning establishment, or other use or uses similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise; and

C.

Such off-street loading space(s) shall be maintained during the existence of the building or use they are required to serve.

D.

Notwithstanding other requirements of this section, the decision maker may approve a development with no off-street loading space based on a finding that the project includes adequate provision for loading taking into consideration the nature of the allowed uses, the configuration of buildings and their relationship to the street.

(Ords. 26248, 28836, 28858, 30336.)

Each off-street loading space required by this part shall be not less than ten feet wide, thirty feet long and fifteen feet high, exclusive of driveways for ingress and egress and maneuvering areas.

(Ords. 26248, 28836.)

Each off-street loading space required by this part shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for off-street parking spaces.

(Ords. 26248, 28836.)

No off-street loading space required by this part shall be closer than fifty feet to any lot or parcel of land in a residence district unless such off-street loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight feet in height.

(Ords. 26248, 28836.)

Notwithstanding other provisions of this section, any and all minimum parking requirements shall remain in effect, as described below, for those certain real properties: (a) within a radius of one-half (½) mile from the main south entrance of the arena, which is presently known as the SAP Center and located at 525 W. Santa Clara Street, San José, California, as further defined in the Second Amended and Restated San José Arena Management Agreement by and between the City of San José and San José Arena Management, LLC entered into on August 15, 2018, as amended by a First Amendment dated December 14, 2018, as again amended by a Second Amendment dated June 8, 2021, and as may be further amended from time to time (AMA); and, (b) as defined in the Development Agreement by and between the City of San José and Google, LLC entered into on May 25, 2021 under Ordinance No. 30610, as may be amended from time to time, (Google DA) related to the development of property located in the Diridon Station Area Plan recorded in the Santa Clara Clerk-Recorder's Office on June 15, 2021 as Document No. 24996882, as may be amended from time to time (DSAP).

All office uses located within the above-described areas shall maintain a minimum parking requirement of 1 space per 1,000 square feet of floor area. This requirement may be reduced to 0.65 spaces per 1,000 square feet of floor area if the parking is publicly accessible.

(Ord. 30857.)

A.

Applicability. The City shall not issue a Development Permit, Ministerial Permit, Building Permit, or a Certificate of Occupancy that is not in compliance with the requirements of this Part.

B.

Exemptions. The following Projects are exempt from the requirements of this Part 9 of Chapter 20.90:

1.

Any work on an existing building or structure which does not result in an increase in floor area, except for a project that involves a change of use where the proposed use is defined as a different TDM use category pursuant to Table 20-190 and where the modified square footage qualifies as a Level 1 or Level 2 project pursuant to Table 20-260.

2.

Projects in which the new floor area constructed consists of:

a.

Fewer than 16 single-family detached housing units; or

b.

Fewer than 26 units of all other home end uses except for single-family detached housing units; or

c.

10,000 square feet or less of any combination of commute end uses; or

d.

100,000 square feet or less of any combination of visit end uses; or

e.

30,000 square feet or less of any combination of other uses; or

f.

Fewer than 99 guest rooms, or suites of rooms, in a hotel; or

g.

Fewer than 9,000 seats or 250,000 square feet, whichever is greater, in any arena, stadium, or theater; or

h.

fewer than 250 students in any charter or private school.

3.

Projects that require a development permit pursuant to Chapter 20.100 or a Ministerial Approval pursuant to Chapter 20.195 for which an application has been deemed complete by the City pursuant to Government Code Section 65943 or Government Code 65941.1(a) (unless exceptions are triggered per Government Code § 65589.5(o)) prior to the effective date of Part 9 of Chapter 20.90, except for where the project is modified subsequent to the determination of completeness where such modifications would change the use categorization per Table 20-260, or if the project applicant elects to use the standards of this Chapter.

4.

Projects where a Planned Development Zoning has been effectuated prior to the approval date of this ordinance.

5.

Projects that provide 100% restricted affordable units, excluding unrestricted manager units that are;

a.

Deed restricted by a public entity for a period not less than 55 years for rental units and 45 years for for-sale units to low-income residents (earning 80 percent or less of the Area Median Income) and;

b.

Are developed at a minimum density of 35 DU/AC and;

c.

Are located in a High Quality Transit Area

(Ord. 30857.)

Except for projects exempted in 20.90.900.B, all projects shall submit a "Transportation Demand Management Plan," or "TDM Plan" (defined in section 20.90.050.S) at time of initial application for a development permit or ministerial permit. The development permit or ministerial permit shall not be deemed complete until the TDM Plan is submitted. No development permit or ministerial permit shall be issued that does not meet the requirements of this part.

The point value of the TDM Strategies selected for the TDM Plan shall add up to or exceed the Project's required Point Target. Table 20-255 shows the Point Target range by Project Level and TDM use category. The TDM Program Guidelines describe the Point Target calculation and a menu of qualified TDM Strategies with corresponding point values. The points target calculation shall be determined as part of the development permit approval along with a TDM plan.

(Ord. 30857.)

A.

Project Requirements. Throughout the lifetime of the Project, the Project will maintain TDM Strategies, selected from the TDM Program Guidelines, sufficient to achieve the required Point Target per Table 20-255. The lifetime of the Project shall mean until such time as the Project is demolished, or such time as the Project is added to or replaced with a new Project that is subject to the requirements of this Part. The Project shall:

1.

Applicants shall execute and record a Covenant and Agreement that runs with the land, that an approved TDM Plan and the TDM Strategies contained therein will be maintained throughout the lifetime of the project. A TDM Plan may be modified at the discretion of the TDM Coordinator pursuant to Section 20.90.910.C. No Building Permit shall be issued to a Project without an approved TDM Plan and recorded Covenant and Agreement.

a.

Implement the TDM Strategies in the Project's approved TDM Plan throughout the lifetime of the Project.

b.

The owner of a property, or their designee, that contains a project subject to a TDM Plan pursuant to this Section shall submit annually to the TDM Coordinator a TDM Plan Compliance Documentation that includes:

i.

Documentation showing maintenance of the TDM Strategies in the Project's approved TDM Plan.

ii.

Upon five consecutive years of a Project submitting timely TDM Plan Compliance Documentation demonstrating compliance with the TDM Program, the annual TDM Plan Compliance Documentation requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator.

c.

In addition to the above, for Level 2 Projects, as pursuant to Table 20-250, the property owner shall submit annually to the TDM Coordinator a TDM Monitoring Report that includes:

i.

A travel survey as described in the TDM Program Standards.

ii.

Parking data as described in the TDM Program Standards.

iii.

Upon five consecutive years of a Project submitting timely TDM Monitoring Reports demonstrating compliance with the TDM Program, the annual TDM Monitoring Report requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator.

d.

Level 2 projects shall install available technology to collect ongoing on-site trip count and parking data and submit to the TDM Coordinator no less than once a year. The technology shall be approved by the TDM Coordinator to ensure compatibility with City monitoring methods.

B.

Requirement to Reduce Trips for Level 2 Projects. All Level 2 projects are subject to trip reductions pursuant to the requirements of the TDM Program Standards. If the project is not meeting these trip reduction requirements, the TDM coordinator shall require modifications to the TDM plan or the project will be subject to enforcement pursuant to 20.90.920.

C.

Project Levels and TDM targets. Requirements are scaled to the size and scope of a Project and have corresponding requirements as defined in Subsection 20.90.910.A. There are two Project Levels as defined in Table 20-250. The Level applied to a Project consisting of an addition or change of use is based on the new floor area or the number of residential units contained in the newly constructed floor area or total floor area subjected to the change of use.

(Ord. 30857.)

A.

TDM Plan Modifications. Any modifications to an approved TDM Plan require submission of a revised TDM Plan for approval. A TDM Plan shall comply with the Transportation Demand Management Program Standards version in effect at the time of submission of the modification, unless otherwise specified by state law, and include TDM Strategies that achieve the property's Point Target.

1.

Administrative Permit. An administrative permit, subject to Chapter 20.100, part 10 may be issued to modify an approved TDM plan when the modifications to the TDM plan are only to programmatic TDM strategies that were not specifically conditioned in the development permit.

a.

The administrative permit shall be issued only if the changes to the TDM strategies in the TDM plan will meet or exceed the point target for the existing use at time of submittal of the administrative permit.

2.

Development Permit or Permit Amendment. If the modification to the approved TDM Plan is to a TDM strategy that was a condition of approval of the original a project, a new development permit or permit amendment must be submitted to modify the TDM Plan.

3.

In all cases, the Covenant and Agreement running with the property shall be updated to reflect the modified TDM plan.

(Ord. 30857.)

A.

Content of the TDM Standards chapter in the San José Transportation Analysis Handbook. Upon enactment of this Ordinance, the San José Department of Transportation shall establish, maintain and update the TDM Standards, and other necessary components of the TDM Program outlined in this Section. The TDM Program Standards shall be consistent with the purposes of this Part and each other. The TDM Program Standards shall include the following:

1.

TDM Program overview

2.

TDM point targets by Project Level and parking supply (see Table 20-257);

3.

TDM Strategies and their associated point values;

4.

TDM compliance and monitoring reporting requirements; and

5.

The technical justification for assigned point values for each TDM strategy.

B.

Updates to TDM Program Standards. The TDM Program Standards shall be reviewed and updated periodically, as deemed appropriate by the San José Department of Transportation, to:

1.

Provide feasible options to applicants to meet program goals and outcomes; and

2.

Reflect best practices, emerging technologies, and/or respond to lessons learned from monitoring and evaluation.

3.

Any changes to the TDM Program Standards that are inconsistent with the provisions of this Chapter shall require an amendment to this Chapter in order for said changes to be effective.

C.

Effect of Updates on Project Requirements. Projects shall meet all requirements of the TDM Program Standards version in effect at the time when submitting their first TDM Plan at the time the development permit or ministerial permit is deemed complete, including but not limited to the designated Point Target and available TDM Strategies. If the Department of Transportation updates the TDM Program Standards subsequent to the date the applicant submitted a TDM Plan, the applicant may elect to have their Project be subject to all requirements of the current version of the TDM Program Standards by submitting a revised TDM Plan for approval.

D.

Parking Supply TDM Point Value. The below table outlines the amount of TDM points a project receives based on its location and parking supply.

Note 1: Note: Table 20-257 does not apply to projects with a TDM Use Category of "OTH."

(Ord. 30857.)

A.

The TDM Coordinator shall be responsible for enforcing continual compliance with the requirements of the TDM Program, as outlined below.

1.

A property owner shall allow City staff access to relevant portions of the property to conduct site visits, inspect physical improvements, collect empirical data, and/or facilitate phone, and/or digital surveys with residents, tenants, employees, and visitors. City staff shall provide advance notice of request for access.

2.

No building, grading, demolition, foundation, use of land or change of use permit, nor Certificate of Occupancy, shall be issued for any building or site that contains a Project that is not in compliance with the requirements of the TDM Program.

3.

Failure to maintain one or more TDM Strategies is a violation of this Code.

4.

For Level 2 projects, failure to submit the TDM Monitoring Report by December 31st following the designated appropriate deadline of one year from the issuance of the Certificate of Occupancy is a violation of this Code.

B.

Any violation of this Part shall be punishable by an administrative citation in accordance with the procedures set forth in Chapter 1.15 of Title 1 of this Code relating to the issuance of administrative citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing.

C.

The amounts of the fines for violations imposed pursuant to this Part shall be set forth in the schedule of fines established by resolution of the City Council.

D.

A violation of this Part is also enforceable through all other civil and administrative remedies available to the City.

(Ord. 30857.)

A.

Alternative Compliance. An applicant may apply for a User-Defined TDM Strategy as an alternative to those contained in the menu of TDM Strategies in the TDM Program Standards. This process shall be incorporated into the initial development permit or ministerial permit. The decision-making authority shall be the official or body designated to approve that development entitlement or ministerial permit. In the case where the applicant elects to replace an approved TDM plan with a user defined TDM strategy and no other development or ministerial permit would be required, the Director of Planning or the Director's designee, in consultation with the TDM Coordinator, shall have initial decision-making authority to approve a User-Defined TDM Strategy, with an appeal to the City of San José Planning Commission in accordance with the procedures set forth in Section 20.100.220. of this Code. An applicant may request such approval by submitting an application for a "Special Use Permit" as set forth in Section 20.100.800 of this Code.

B.

Findings. The Director's determination shall include written findings in support of the decision. In order to grant approval of the User-Defined TDM Strategy, the Director must find that:

1.

The proposed alternative is consistent with the purpose and intent of the applicable standards in that the User-Defined TDM Strategy is expected to reduce drive-alone trips and/or VMT to or from the project site; and

2.

The proposed alternative is equivalent to or exceeds the effectiveness of meeting the intent of the applicable standards in that the amount of drive-alone trips and/or VMT reduced as a result of the strategy is commensurate with other strategies that are assigned to have the same value of points in the TDM Program Guidelines.

C.

Conditions. The Director shall impose conditions binding on the applicant to secure substantial compliance with the goals and purposes of this ordinance, including such conditions as necessary to ensure that:

1.

The applicant commits in an enforceable agreement that runs with the land to monitor the effectiveness of the User-Defined TDM Strategy to encourage alternatives to drive-alone trips;

2.

The applicant shall submit to the TDM coordinator all monitoring data, with monitoring metrics and frequency to be determined at the discretion of the TDM coordinator; and

3.

The applicant commits to a substitute strategy of commensurate effectiveness (a strategy assigned equal or more points) if the User-Defined TDM Strategy is terminated for any reason.

(Ord. 30857.)