(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) 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.
(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) 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. Any parking reduction that is not in accordance with this section (i.e., is not a qualifying project pursuant to division (B) or cannot meet the findings for approval in division (D)) shall require a variance.
(1) Application materials. In addition to other application materials required for the consideration of the use permit, the Zoning Administrator may require submission of a parking demand study prepared by an independent traffic engineering professional approved by the city that substantiates the basis for granting a reduction in required parking spaces.
(2) Parking demand study. In order to evaluate a proposed project's compliance with the required findings for approval, the Zoning Administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes 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. 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.
(Ord. 2089-C-S, passed 6-24-14)