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Notwithstanding the provisions of article 41 of this chapter, if intensification of a major commercial space located in the "Olympic commercial-residential transition area", as defined in subsection A of this section, is proposed, such proposal shall comply with current parking and loading standards set forth in sections 10-3-2729, 10-3-2730, 10-3-2741, 10-3-2742, and 10-3-2743 of this chapter, unless, pursuant to the provisions of subsection C of this section, the planning commission approves and establishes parking standards, loading standards, or both, that differ from the otherwise applicable standards.
A. Definitions: For the purposes of this section, the following words and phrases shall have the meaning set forth below:
INTENSIFICATION OF USE: A change in use where the new use is listed in a higher tier on the list set forth in subsection B of this section than the previous use. Tier 2, for example, is higher than tier 1.
MAJOR COMMERCIAL SPACE: Buildings and tenant spaces that meet any of the following:
1. Existing commercial buildings with twelve thousand (12,000) square feet or more of "floor area" as defined by section 10-3-100 of this chapter, which is proposed to be occupied by a single tenant or business, even if a reduction in the floor area below twelve thousand (12,000) square feet is proposed, or
2. Existing multiple-tenant commercial buildings that include one or more spaces with twelve thousand (12,000) square feet or more of "floor area" as defined by section 10-3-100 of this chapter which is proposed to be intensified, even if a reduction in the floor area of one or more of the spaces with twelve thousand (12,000) square feet or more is proposed, or
3. Existing multiple-tenant commercial buildings that are proposed to be reconfigured to create one or more new tenant spaces with twelve thousand (12,000) square feet or more of "floor area" as defined by section 10-3-100 of this chapter.
OLYMPIC COMMERCIAL-RESIDENTIAL TRANSITION AREA: The portion of the C-3T-2 zone located between Rexford Drive and the alley immediately west of Robertson Boulevard.
REGULAR OPERATION: A permitted or existing nonconforming use that is open for business to the general public during a use's customary business hours.
B. Intensity Of Use: To determine whether a change of use is an intensification of use, uses have been classified into the following three (3) tiers of land use intensity. Tier 1 represents the lowest intensity of use, tier 2 represents a higher intensity of use than tier 1, and tier 3 represents the highest intensity of use.
Tier 1 shall include: warehousing or storage, miniwarehouses, antique stores, furniture stores, car sales or service, surface parking, and other similar uses as determined by the director of community development.
Tier 2 shall include: apparel stores, hardware stores, toy stores, general retail stores, general offices, health/fitness clubs, and other similar uses as determined by the director of community development.
Tier 3 shall include: restaurants, supermarkets, drugstores, convenience markets, video rental stores, educational institutions, religious institutions, medical offices, beauty shops, and other similar uses as determined by the director of community development.
In determining the tier in which a specific use belongs, the director of community development may consider all relevant factors including, without limitation, parking demand and traffic generation as indicated in ITE "Parking Generation", 3rd edition; ULI "Shared Parking", 2nd edition; ITE "Trip Generation", 7th edition, or any combination thereof; vehicle trips generated by the use; the judgment of the deputy city manager of capital assets; and any data or evidence and supporting analysis provided by a registered engineer.
C. Planning Commission Authority: A project applicant may apply to the planning commission for a change to the parking standards, loading standards, or both, required by this section. The application shall be submitted and processed pursuant to the procedures established for the city's development plan review process as set forth in article 31 of this chapter. The planning commission may establish parking requirements that differ from those requirements set forth in section 10-3-2729 or 10-3-2730 of this chapter if, in addition to the development plan review findings of section 10-3-3104 of this chapter, the planning commission determines that the use will generate a need for parking different than the amount or layout of parking required under section 10-3-2730 of this chapter or the commission determines that the parking demand will be met by means other than those means specified in section 10-3-2730 of this chapter; provided further, that the planning commission may not reduce the required parking to less than the amount of parking that can currently be accommodated on the subject site.
The planning commission may also establish loading requirements that are different than those requirements established in sections 10-3-2740 through 10-3-2742 of this chapter if, in addition to the development plan review findings of section 10-3-3104 of this chapter, the planning commission determines that the use's loading needs can be accommodated with a number of spaces, layout, or both, that differs from the requirements of sections 10-3-2740 through 10-3-2742 of this chapter, or if the commission determines that the use's loading requirements will be met by means other than those specified in sections 10-3-2740 through 10-3-2742 of this chapter. (Ord. 09-O-2565, eff. 5-8-2009; amd. Ord. 14-O-2662, eff. 6-20-2014)