17.76.070 Reduction in requirement.
   (A)   Whenever the city, or any special parking district or authority, owns, leases or commences condemnation proceedings on land to be used for public off-street parking purposes, the Commission on its own motion or pursuant to application by the owner of any land abutting the area used or to be used for public parking, may reduce, in part or entirety, the off-street parking requirements imposed by this chapter, on the lands abutting said area; provided, however, that:
      (1)   The Commission, before granting a reduction in off-street parking requirements, shall make a finding that the stated conditions exist in reference to subject property; and that
      (2)   The Commission, in granting a reduction, may impose reasonable conditions which shall assure the intent and purpose of this title.
   (B)   A reduction in required parking spaces may be granted to commercial and office centers greater than 20 acres in size, upon submittal of a shared parking analysis showing that the number of parking spaces needed is less than the sum of spaces required by § 17.76.030. The shared parking analysis shall be prepared by a traffic engineer registered by the State of California.
      (1)   An application for a reduction in parking shall be reviewed per Chapter 17.91, as follows:
         (a)   Approval of a Precise Plan in conjunction with proposed new commercial or office development.
         (b)   Approval of a Precise Plan Modification in conjunction with a proposed commercial or industrial development meeting the criteria of § 17.91.020(B).
         (c)   Approval of a Precise Plan Modification when no development is proposed, and a parking reduction has not been previously approved.
         (d)   Approval of a Minor Precise Plan Modification when no development is proposed, and parking reduction has been previously approved for a shared use parking facility.
      (2)   The granting of a reduction in parking shall be based on the following findings:
         (a)   The nature and location of the proposed uses within the development, as well as their size compared to that of the overall development.
         (b)   The location and adequacy of the parking spaces in the portion of the development where shared use of parking facility is proposed.
         (c)   Assurances that the proposed uses will not overlap during peak-activity periods.
         (d)   The availability of parking and the type of uses beyond the property boundaries.
      (3)   As a condition of granting a reduction in parking, the property owner shall be required to record a covenant or agreement against the property in a form acceptable to the Director that provides notice of the shared use of parking facilities and guarantees that the uses will operate during mutually exclusive hours, and upon circumstances or criteria as the Planning Commission, or the City Council on appeal, may require.
(`78 Code, § 17.76.070.) (Ord. 3353 § 3, 2022)