§ 10-7.515. General Provisions.

(a)

Parking .

(1)

Design.

(i)

Except where in conflict with the provisions of this article, all parking areas shall be designed in accordance with Section 10-5.105 of the Modesto Municipal Code.

(ii)

Parking structures shall not exceed six (6) levels, plus an upper deck, in the Central and Transition Downtown Zones and two (2) levels, plus an upper deck, in the other Downtown Zones.

(iii)

Parking structures in the requisite building placement area not concealed behind a habitable liner shall conform to all building placement and building configuration requirements of the respective Downtown Zone and provide a facade that gives the appearance of being habitable.

(iv)

In the Central and Transition Downtown Zones, where surface parking occurs within fifty (50) feet of a lettered street and twenty-two (22) feet of the alley, a minimum three and one-half-foot (3.5) high streetscreen shall be provided along a line co-planer with the adjoining building's facade.

(2)

Access in the Central and Transition Downtown Zones.

(i)

Vehicular access to and from parking areas shall occur through the alley.

(ii)

Pedestrian access to and from parking areas shall occur within buildings, paseos, plazas or the area along lettered streets designated for ground level parking.

(3)

Access in the Urban General, Main Street and East Neighborhood Downtown Zones.

Vehicular access to and from parking areas shall occur through the alley except as follows:

(i)

On corner lots, parking may be accessed through the street side to help meet required parking subject to Director approval.

(ii)

Where alley access is not available or feasible, street access shall be subject to Director approval.

(iii)

Where street access is approved, the maximum driveway width is twelve (12) feet for less than ten (10) spaces and twenty (20) feet for ten (10) or more spaces.

(iv)

A continuous drive aisle may extend a maximum one hundred forty (140) feet from the street.

(v)

Parking may back onto a street in the East Neighborhood Downtown Zone for one (1) Front Yard House building type serving up to two (2) spaces with a maximum driveway width of twelve (12) feet. If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(4)

Access in the Traditional Neighborhood Downtown Zone.

(i)

Where alley access is not available or feasible, then one (1) street access is permitted with a maximum driveway width of twelve (12) feet subject to Director approval.

(ii)

Where street access is approved, a single family dwelling may have up to two (2) spaces that back onto the street.

(iii)

If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(5)

Shared Parking. The minimum number of required parking spaces may be reduced when a building contains different use types. Parking may also be reduced between buildings with different use types that are located within immediately adjacent blocks.

(i)

When parking is shared between buildings located on different sites, a parking agreement is required as approved by the Director.

(ii)

The reduction in parking shall be determined by dividing the sum of the parking required by two (2) use types occupying the same amount of building floor area (square footage) by the associated factor from Table 7.5-3.

(6)

Off-Site Parking. Off-site parking may be used to meet the parking requirements of this article.

(i)

Off-site parking shall be located within one thousand four hundred sixty (1,460) feet of the building it serves, as measured along streets, alleys and sidewalks from the nearest point of the parking area to the nearest point of the building. Off-site parking shall be provided through a long-term lease as approved by the Director.

(7)

Required Spaces for Church or Place Worship. The required parking spaces for a church or place of worship are provided in Section 10-5.102, Table 5.1-1, Parking Requirements.

Table 7.5-3 Shared Parking

	Civic	Lodging	Office	Residential	Retail	Service
Civic	1	1.5	1.2	1.3	1.2	1.2
Lodging	1.5	1	1.7	1.1	1.3	1.5
Office	1.2	1.7	1	1.4	1.2	1.1
Residential	1.3	1.1	1.4	1	1.2	1.3
Retail	1.2	1.3	1.2	1.2	1	1.1
Service	1.2	1.5	1.1	1.3	1.1	1

 

Example: A building that is comprised of an office use type occupying one hundred thousand (100,000) square feet and a residential use type occupying fifty thousand ( 50,000) square feet may divide the sum of the parking required for fifty thousand ( 50,000) square feet of office use type (one hundred (100) spaces) and 50,000 square feet of residential use type (e.g., seventy-five (75) spaces) by 1.4 (one and four tenths) resulting in the requirement for one hundred twenty-five (125) parking spaces (175/1.4 = 125). Then add the minimum parking required for the remaining fifty thousand (50,000) square feet of office use type (one hundred (100) spaces) to determine the total parking requirement for the building (125 + 100 = 225 total parking spaces).

(b)

Public/Private Transition Area .

(1)

Outdoor Dining and Display.

(i)

Where there is at least ten (10) foot wide continuous sidewalk and safe path of travel for all users of the sidewalk remaining after the following temporary uses are installed or established, use of public right-of-way adjoining the street property line(s) for the following purposes shall be allowed:

a)

Outdoor dining, subject to obtaining the requirements of Articles 1 and 2 of Chapter 15 of Title 4;

b)

Display of public art;

c)

Display of merchandise;

d)

Display of sidewalk signs;

e)

Display of seasonal items;

f)

Display of removable planters/flower pots.

(ii)

Outdoor dining, merchandise display and sidewalk signs shall relate to the commercial activity taking place within the adjoining ground floor business.

(iii)

All merchandise display, sidewalk signs, outdoor dining and associated enclosures shall be removed during non-business hours.

(iv)

Sidewalk signs are limited to one (1) per parcel per public street frontage.

(v)

Display of merchandise is limited to fifty (50) percent of the lineal width of the associated business along the street(s).

(c)

Special Areas .

(1)

Historic Preservation Sites.

(i)

Relocation or demolition of buildings that are on the National Register of Historic Places, California Register of Historic Resources, or designated as a Landmark Preservation Site is not permitted, except in accordance with Modesto Municipal Code, Title 9, Chapter 10 and California Code Regulations, Title 14, Division 6, Chapter 3, Section 15000 - 15387.

(ii)

Development adjoining historic preservation sites shall be no greater than two (2) stories higher or lower than the historic building.

(d)

Miscellaneous Design Issues.

(1)

Design Guidelines.

(i)

All development within the Downtown Zones is subject to the City of Modesto Design Guidelines for Commercial and Industrial Development, where applicable.

(2)

Wireless Telecommunications.

(i)

Wireless facilities are subject to the provisions of Article 4 of Chapter 3 as they apply to the C-1 Zone (CD, TD, UGD, MSD) and R-1 Zone (END, TND).

(3)

Rooftop Utilities.

(i)

All building utilities and mechanical equipment located on rooftops shall be screened within penthouses or attics.

(4)

Ground-Level Utilities.

(i)

All ground-level building utilities and mechanical equipment not contained within buildings shall be located within the area designated for ground-level parking.

(5)

Blocks Without Alleys.

(i)

In the Central and Transition Downtown Zone, development occurring on lots without alleys shall assume an alley parallel to and one hundred forty (140) feet behind the numbered street(s) property line(s) for the purposes of complying with the development provisions.

(ii)

Developments that comprise an entire block may build over the alley following an abandonment of the subject alley.

(6)

Properties Containing Multiple Planning Districts.

(i)

Where one (1) property contains two (2) Downtown Zones, the boundary between the zones shall be treated in the same manner as a property line for the purposes of complying with the associated development provisions of the respective Downtown Zones.

(e)

Signs . Except where in conflict with the provisions of this article, all signs shall conform with Chapter 6, as they apply to the equivalent zones specified in Section 10-7.502(a).

(1)

Downtown Zone Sidewalk Signs. (See Section 10-7.516(i))

(i)

Downtown Zone sidewalk signs of a size, design and materials as approved by the City Council and as administered by the Downtown Improvement District are permitted in the locations specified in Section 10-7.515(b) of this article.

(2)

Wall Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per linear foot of width of the wall upon which the sign is placed (CD, TD, UGD, MSD only).

(3)

Projecting Signs (CD, TD, UGD, MSD Zones only).

(i)

One (1) projecting sign per building, size limited to one (1) square foot per linear foot of building frontage up to a maximum of forty-eight (48) square feet, and advertising a single message or use.

(ii)

In addition to the projecting sign allowed in subsection (3)(i), individual tenants in a multi-tenant building shall be allowed one (1) projecting sign, with a maximum sign area limited to twenty-four (24) square feet.

(iii)

Projecting signs shall be located at least ten (10) feet from other projecting signs. Projecting signs may not project more than five (5) feet from the facade of the building and shall be a minimum eight (8) feet above a pedestrian walkway and fourteen (14) feet above a vehicular access way or as provided by zone. Projecting signs shall not be higher than the ridgeline of the roof, parapet, or wall.

(4)

Projecting Marquee Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except the sign may only project eight (8) feet beyond the building façade or as provided by zone, and the sign shall only be permitted for theaters (CD, TD, UGD, MSD only).

(5)

Canopy Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per liner foot of width of the wall upon which the canopy is affixed (CD, TD, UGD, MSD only).

(f)

Outdoor Storage .

(1)

Outdoor storage shall only occur within the optional building area and is limited to items relating to business being conducted within the building on the same property (CD and TD only).

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15; Ord. No. 3686-C.S., § 2, effective 3-29-18)