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Page 2 of 17 <br />2. A change in occupancy under the Building or Fire Code does not constitute a change in <br />land use classification for purposes of this Section unless the new occupant falls within a <br />different land use classification than the former occupant. <br />3. Additional parking and loading spaces are not required for the reconstruction of an existing <br />building when there is no increase in floor area and there is no change in land use <br />classification. <br />4. Where additional parking or loading is required under this Section, such additional spaces <br />shall be provided only for the increased floor area, and not for the entire building or site. <br />C. When Constructed. Parking and loading facilities required by this Chapter shall be constructed or <br />installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. <br />4.08.104 General Provisions <br />A. Existing Parking and Loading to be Maintained. No existing parking and/or loading serving any use <br />may be reduced in amount or changed in design, location or maintenance below the requirements <br />for such use, unless equivalent substitute facilities are provided. This provision does not apply to <br />stalls converted to accommodate ADA parking. <br />B. Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be <br />nonconforming solely because of a lack of parking and/or loading facilities required by this Chapter, <br />provided that facilities used for parking and/or loading as of the date of adoption of this Code are <br />not reduced in number to less than what this Chapter requires. <br />C. Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours <br />of operation. <br />4.08.108 Required Parking Spaces <br />A. Parking Requirements for Certain Properties Near BART. Consistent with California Public Utilities <br />Code Sections 29010.1 through 29010.12, the parking requirements presented in Table 4.08.108.A, <br />Parking Requirements, Certain Properties Near BART, apply to parcels that meet the following <br />criteria. <br />1. Located within one-half (1/2) mile of a BART Station; <br />2. At least one-quarter acre in size (either individual or contiguous parcels); <br />3. Owned by BART on or before July 1, 2018; and <br />4. An infill site (defined in Section 21061.3 of the Public Resources Code as a site that had <br />previous development or a site without development immediately adjacent to urban uses). <br />Exhibit A <br />Ordinance No. 2026-009