(A) Purpose. The purpose of this section is to establish procedures and criteria for allowing reductions to the number of required automobile parking spaces for projects that are anticipated to generate lower-than-usual parking demand due to factors such as proximity to major transit stops and stations, the characteristics of the use, or implementation of transportation demand management measures, as well as for shared parking facilities serving uses with different peak demand times. These provisions are also intended to allow modifications to parking standards when necessary to preserve the architectural or historical character of a structure or property.
(B) Qualifying projects. Reduced parking requirements may be considered for the following types of projects:
(1) Senior housing. The required parking for a senior housing development may be reduced below the normally required 0.75 spaces per dwelling unit for projects anticipated to generate lower parking demand due to vehicle ownership patterns of the residents and/or characteristics of the project (e.g., proximity to commercial services, proximity to public transportation systems).
(2) (a) Shared (joint) parking facilities. Parking facilities that are cooperatively established and operated to serve multiple uses and these uses generate parking demands primarily during hours when the remaining uses are not in operation.
(b) The addition of residential units to religious assembly sites shall be deemed an appropriate use case for shared parking facilities.
(3) Transit-supportive development. Residential or mixed-use projects that contain no more than 50 dwelling units and are located within one-half mile of a major transit stop.
(4) Infill sites. Residential or mixed-use projects that contain no more than 30 dwelling units and are located on infill sites.
(5) Uses near public parking facilities. Uses located within one-quarter mile of a publicly accessible parking facility, the use of which is not limited to a specific business or activity during the use's peak parking demand. Such parking facilities shall meet the requirements of § 9-5.1705, Parking Location/Off-Site Parking Facilities.
(6) Projects incorporating TDM measures. Projects for which the developer proposes a set of transportation demand management (TDM) measures-such as rideshare programs, shuttle services, bicycle trip-end facilities, staggered work shifts, and telecommuting programs-projected to reduce parking demand generated by the use. Such projects shall be required to document the implementation and impacts of such programs, as described in division (E), Monitoring of TDM Programs, below.
(7) Historic structures. Projects for which allowing a reduction in the number of required spaces (and/or modifications to dimensional requirements for parking areas) will facilitate the re-use of an existing building that is an historic resource as defined by the State Public Resources Code or is a designated historic building.
(C) (1) Procedure. A request for a reduction to the number of parking spaces consistent with the requirements of this section shall be processed as a use permit, according to the procedures of Article 27, except for residential development on religious assembly sites, which is regulated according to division (F). Any parking reduction that is not in accordance with this section (i.e., is not a qualifying project pursuant to divisions (B) or (F) or cannot meet the findings for approval in division (D)) shall require a variance.
(2) Parking demand study. In addition to other application materials required for the consideration of the use permit, the Zoning Administrator may require submittal of a parking demand study prepared by an independent traffic engineering professional approved by the city that substantiates the basis for granting a reduced number of spaces. The parking demand study may include any of the following information:
(a) Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.
(b) A survey of existing on-street and on-site parking within 350 feet of the project site.
(c) Parking requirements for the net change in square footage and/or change in use, based on the requirements of § 9-5.1703.1, Off-Street Parking Requirements by Use.
(d) Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the city may require the applicant to conduct a parking demand survey of a development similar to the proposed project.
(e) Comparison of proposed parking supply with parking requirements and net change in parking demand.
(f) A shared parking analysis, as appropriate.
(g) A description of proposed transportation demand management measures, such as preferential carpool spaces, telecommuting or staggered work shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycles, or other measures that will result in reduced parking demand.
(h) Other information as required by the city.
(D) Required findings for approval. Except as outlined in division (F), in addition to the required findings for approval of any use permit in § 9-5.2703, Required Findings, an application for a use permit for a parking reduction may only be approved if the Zoning Administrator or the Planning Commission makes all of the findings of this section that are applicable to the particular project, as stated.
(1) All projects. For any project for which a parking reduction is requested, the Zoning Administrator or the Planning Commission must make all of the following findings based on information in the record:
(a) The use will adequately be served by the proposed parking;
(b) Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area; and
(c) If required, a parking demand study prepared by an independent traffic engineering professional approved by the city supports the proposed reduction.
(2) Shared (joint) parking. Where a shared parking facility serving more than one use is proposed, the Zoning Administrator or Planning Commission may only approve a parking reduction if it finds that:
(a) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
(b) The proposed shared parking to be provided will be adequate to serve each use;
(c) A written agreement between landowner(s) and the city, in a form satisfactory to the City Attorney, has been submitted to and approved by the Zoning Administrator. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land and shall include:
1. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
2. A guarantee among the landowner(s) for access to and use of the shared parking facilities;
3. A provision that the city may require parking facilities in addition to those originally approved upon a finding that adequate parking to serve the use(s) has not been provided; and
4. A provision stating that the agreement shall not be modified or terminated without the approval of the Community Development Director and City Attorney.
(3) Other parking reductions. For applications for a parking reduction that do not involve a shared parking facility, the Zoning Administrator or Planning Commission may only approve a use permit if it finds that special conditions-including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program-will reduce parking demand at the site below the level of the normal requirement.
(E) Monitoring of TDM programs. Any project that is granted a parking reduction on the basis of TDM measures that will be incorporated to reduce parking demand shall submit an Annual Status Report to the city. The report shall be in a manner prescribed by the Zoning Administrator, and shall describe the implementation and maintenance of TDM measures and the parking demand generated by the project. Annual Status Reports will be reviewed to determine if property owners have implemented and/or maintained the TDM program. City staff may request auditable documentation to determine compliance.
(1) Revocations. A use permit issued to allow a parking reduction may be revoked by the Planning Commission according to the procedure in § 9-5.2707.1, Violation, Revocation, Fine.
(2) After holding a hearing, the Planning Commission may revoke or modify the use permit for a parking reduction if any one (or more) of the following findings are made:
(a) The use permit was obtained by misrepresentation or fraud.
(b) The land use for which the permit was granted has ceased or has been suspended for six or more consecutive calendar months.
(c) The conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.
(F) Residential development on religious assembly sites. Notwithstanding divisions (C) and (D), parking reductions and shared parking arrangements are permitted for religious assembly sites to accommodate residential development of four or more units as outlined below.
(1) Qualification.
(a) The proposed housing development must be located on or adjacent to the religious-use parking.
(b) A religious institution must own the site (whether directly, through a wholly owned company or corporation, or through an affiliated or associated nonprofit public benefit corporation), or the religious institution must have entered into an agreement or transaction (including a land sale) with a housing developer.
(c) The housing development project must meet at least one of the following criteria:
1. Rent or sell at least 5% of units, excluding any density bonus, at amounts affordable to very low-income households for at least 20 years.
2. Rent or sell at least 10% of units, excluding any density bonus, at amounts affordable to low-income households for at least 20 years.
3. Meet one of the criteria in Cal. Gov’t Code §§ 65915(b)(1)(C) through 65915(b)(1)(G), inclusive, also known as State Density Bonus Law.
(d) Consistent with Cal. Gov’t Code § 65915(c)(3), the housing development project must replace eligible on-site rental housing units that are demolished or removed.
(2) Existing parking. The curing or correcting of nonconforming religious assembly parking is not required unless there is a threat to public health and safety.
(3) Parking reduction. The number of existing religious assembly parking spaces onsite may be eliminated by up to 50% to accommodate the construction of the residential development. The remaining parking may be shared by the religious assembly use and residential use. If the post-construction parking accommodates at least one onsite parking space per residential unit, no parking studies are required and the city shall ministerially approve the parking reduction and shared parking agreement.
(a) A parking ratio of less than one parking space per residential unit may apply in certain cases, such as for sites are within one-half mile walking distance of a major transit stop, consistent with Cal. Gov’t Code § 65913.6(f)(3).
(b) Development projects that remove more than 50% of the existing religious assembly parking are only permitted if the remaining parking meets the required off-street parking for religious assembly uses.
(4) Shared (joint) parking. Any shared parking agreements shall be shared in writing with the Zoning Administrator and shall include:
(a) A guarantee that there will be no substantial alteration beyond the approved uses that will create a greater demand for parking;
(b) A guarantee among the landowner(s) for access to and use of the shared parking facilities; and
(c) A provision stating that the agreement shall not be modified or terminated without the approval of the Community Development Director.
(5) Additional reductions. Eligible projects may request additional parking reductions to allow parking ratios less than one space per unit either:
(a) Pursuant to this section (e.g., senior housing, transit-supported development, projects incorporating TDM measures, and the like) and in adherence with the requirements and procedures of divisions (C) through (E); or
(b) Pursuant to state density bonus law and in adherence with the requirements and procedures of Article 35.
(Ord. 2089-C-S, passed 6-24-14; Am. Ord. 2235-C-S, passed 11-28-2023; Am. Ord. 2237-C-S, passed 11-28-2023)