(A) Modified Parking Requirements In Downtown Commercial Zone District:
1. Scope; Appeal: Modified parking requirements have been developed for use in the downtown commercial zone district as an incentive to preserve and maintain existing historic structures. The planning commission shall have the authority to approve a request for a parking adjustment, subject to the provisions of this section; the decision of which may be appealed to the city council as provided in section 6-2-19 of this title.
2. Techniques: For land uses located in the downtown commercial zone district, off street parking requirements may be modified by the planning commission by utilizing the following techniques:
(a) A reduction of the required number of parking spaces by twenty percent (20%); or
(b) The crediting of on street parking spaces which are adjacent to the frontage of the designated structure/site toward the total number of required off street parking spaces required for use; provided, that a determination is made that such on street parking spaces will remain available for public parking during all business hours in the future. No on street parking spaces located within fifteen feet (15') of a stop sign or corner radius shall be counted. No on street parking spaces located in front of a bus stop shall be counted; or
(c) A reduction in two-way aisle widths from twenty four feet (24') to twenty two feet (22'); or
(d) Allow the use of off site parking in parking lots located within four hundred feet (400') of the structure, where the applicant has provided adequate incentives for the use of such parking lots; or
(e) Allow vehicles to back out onto alleys where it is determined that visibility is good and such backing out of vehicles can be done safely; or
(f) Allow forty five percent (45%) of a parking lot, located on the site of the structure/use, to be compact spaces, instead of twenty five percent (25%) as permitted in section 6-14-2 of this chapter; or
(g) Allow tandem parking where it is determined that such parking would be effectively and safely used; or
(h) Allow for the deletion of the loading space requirements prescribed by section 6-14-4 of this chapter; or (Ord. 768-08, 8-19-2008)
(i) Provide for in lieu fees to provide developers an alternative to meeting all on site parking requirements, as set forth in this chapter, where it is unfeasible to do so because of space limitations or of excessively expensive costs involved. Said fees shall be applied to an identified parking facility that will contribute to the development of public parking within the area designated in the downtown specific plan (exhibit A attached to the ordinance codified herein). (Ord. 776-09, 11-17-2009)
3. Adjustments: The planning commission may approve a parking adjustment with conditions which are found to be necessary to effectuate the purpose of these adjustments within the downtown commercial zone district; the decision of which may be appealed to the city council as provided in section 6-2-19, "Appeals", of this title.
(a) Notice: Notice of an application for a parking adjustment shall be published in a newspaper of general circulation not less than ten (10) days prior to the date set for the planning commission hearing. Notices shall also be mailed not less than ten (10) days prior to the date of the meeting to owners of property within a radius of three hundred feet (300') of the external boundaries of the property proposed for the modification described on the application, using for this purpose the name and address of such owners as shown on the latest official tax role of the county.
(b) Findings For Approval: The planning commission, in approving a parking adjustment, shall find as follows:
(1) The proposed parking modification and use of the structure is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone district;
(2) Approving the proposed parking adjustment and use will significantly improve the possibility that the structure will be preserved and maintained;
(3) The required parking cannot be provided without the approval of the requested adjustment;
(4) The proposed parking scheme will function safely;
(5) Approval of the parking adjustment will not harm the integrity of the structure or the surrounding neighborhood.
(B) Shared Parking:
1. Maximum Reduction: A maximum reduction of thirty percent (30%) of the minimum parking requirements for individual uses may be granted by the planning agency where joint use of parking facilities or other factors will mitigate peak parking demand.
2. Information; Format: Requests for parking reductions resulting from joint usage shall be supported by information that generally follows the format described below:
(a) Initial project review involves documentation and quantification of proposed land uses and anticipated functional relationships between the parking needs of different land uses. The initial review will consist of data gathering regarding proximity to transit facilities, general location of parking facilities, surrounding land uses and mix, predicted pedestrian patterns, and similar variables which affect parking needs.
(b) Adjustments for peak parking factor include calculating the number of off street parking spaces required for each land use within the area proposed for joint parking use based upon the requirements of section 6-14-3 of this chapter. Other elements to be considered include seasonal adjustment for parking demand and a determination of the mode of transit used in reaching or departing that area being considered.
(c) Analysis of hourly accumulation involves an estimation of hourly parking accumulations for each land use during a typical weekday or weekend day.
(d) Estimate of shared parking merges the hourly parking demand estimate to calculate the overall parking required to be provided within the area being considered for shared parking facilities.
3. Required Findings: In granting parking reductions for shared use of parking facilities, the planning agency shall make one or more of the following findings:
(a) The report justifies the requested parking reduction based upon the presence of two (2) or more adjacent land uses which, because of their substantially different operating hours or different peak parking characteristics, will allow joint use of the same parking facilities.
(b) The report indicates that there are public transportation facilities and/or pedestrian circulation opportunities that justify the requested reduction of parking facilities.
(c) The report finds that the use otherwise adheres to the parking standards in this chapter.
(d) The report finds that the clustering of different land uses is such that a reduced number of parking spaces can serve multiple trip purposes to that area in question.
4. Agreements, Legal Instruments: As a condition of approval to the granting of a reduction in required parking, the planning agency may require the granting of reciprocal access and parking agreements with surrounding properties; recordation of conditions, covenants and restrictions; or creation of other legal instruments to assure the permanent continuation of the circumstances under which parking requirement reductions were granted.
5. Joint Access Agreement: Where parking spaces are provided for an individual development on a separate parcel, a joint access agreement will be required between affected property owners, in a form acceptable to the city.
(C) Transportation Management Plans:
1. Decrease In Number Of Required Spaces: The number of parking spaces required for a project may be decreased up to twenty percent (20%) subject to planning commission approval of a transportation management plan supplied by the applicant for those applications requesting more than a ten percent (10%) reduction. Said plan shall provide evidence that identifies the actual parking requirement and supports and justifies the parking reduction request. The plan may include, but is not limited to, car pooling, vanpools and staggered work hours.
2. Additional Decrease: Decreases in the required number of parking spaces, approved pursuant to this subsection, may be in addition to any other reductions allowed by this section.
3. Considerations: Before approving such a request, the planning commission shall consider, among other factors:
(a) Projected effectiveness of car pool, vanpool, staggered work hours or similar transportation management programs.
(b) Proximity to public transportation facilities that could be reasonably expected to serve a significant portion of employees and/or customers.
(c) Evidence of the likelihood that employees and/or customers will utilize regular transportation alternatives rather than individual use of automobiles, including transportation management plans prepared pursuant to San Joaquin unified air pollution control district requirements and chapter 13 of this title.
(D) Low Percentages Of Usable Space:
1. Proportionate Reduction: Where buildings contain extensive areas of employee facilities, such as, but not limited to, cafeterias, racquetball courts, health facilities, covered patios, multiple stairways and elevator shafts, or atriums in multiple-story buildings, gross leasable space may be significantly below the eighty five percent (85%) average assumed in the parking schedules. In such cases, a proportionate reduction in parking requirements may be granted by the planning commission.
2. Floor Plan Submitted: To be eligible for a reduction in parking requirements, due to low percentage of usable space, the applicant shall submit a detailed floor plan breaking down the proposed usage of all square footage within the building.
3. Agreement: As a condition of granting a reduction in parking requirements, due to low percentage of usable space, the applicant shall be required to sign an agreement stating that the percentage of leasable space will not be increased unless additional parking is provided pursuant to the requirements of this chapter.
(E) Off Site Parking Facilities: Required parking for a development may be provided off site under certain instances. Requests for off site parking facilities shall meet the following requirements:
1. Location: The off site parking shall be located so that it will adequately serve the use for which it is intended. In making this determination, the following shall be considered:
(a) Proximity of the off site parking facilities;
(b) Ease of pedestrian access to the off site parking facility;
(c) The type of use which the off site parking is intended to serve, recognizing that such facilities are generally not appropriate for high turnover uses;
(d) The need for locating parking facilities off site, and the resulting urban design benefits of off site parking, if any.
2. Agreement: As a condition of granting approval to the development of off site parking facilities, the applicant and other involved parties shall be required to sign an agreement ensuring the continued availability of the off street parking facilities for the use they are intended to serve. (Ord. 768-08, 8-19-2008)
(F) In Lieu Parking Fee:
1. Eligible Properties: All properties within the downtown specific plan area shall be eligible to participate in the in lieu fee parking program. Notwithstanding the above, the program may be suspended by the city council if it determines that the city is not able to find or develop adequate parking facilities to fulfill the goals of this program.
2. Application: Eligible persons or businesses desiring to participate in the in lieu fee program established herein shall submit a written application for participation to the city planning department on a form prescribed by the city. If the planning director determines that such application meets the requirements set forth in this chapter, the director shall, within thirty (30) days of the completion of such application, calculate the applicable in lieu fee and grant permission to participate in the program, if the director makes the following findings:
(a) Participation in the in lieu parking fee program will not create any significant adverse traffic safety impacts, pedestrian/bicycle, vehicle conflicts or parking impacts.
(b) Participation in the in lieu parking fee program will not be detrimental to the public health, safety and welfare of the general public.
3. Fee Collection Process: Fees for all development projects participating in the in lieu fee parking shall be paid to the city prior to obtaining a building permit.
(a) Upon receipt of the fee, the city shall place the fee in a parking fund reserved for uses consistent with this subsection.
(b) The city will maintain a record of all properties that have met their required parking space obligation by paying the appropriate fee for the spaces.
(c) Payment of this fee does not guarantee that parking spaces will be constructed for the sole use or in the immediate proximity of any development.
(d) This fee will not supersede mitigations for immediate direct impacts determined through a project's environmental process.
4. Amount Of Fee:
(a) The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the city council, but in no case shall the fee exceed the estimated current cost to the city of providing required parking spaces to serve the contemplated use. The resolution may include allowances to increase the fee based on an established cost index.
(b) Fees paid in accordance with this subsection are collected to fund a general public parking program serving the area described as the downtown specific plan and are not intended for any specific improvement project. The fees paid shall be the most current fees as established by the city council.
(c) No city official or agency, including the city building department, may issue a building permit for a development project until the fee with respect to such development required by this subsection is paid. However, the city may consider as a condition of a building permit issuance that the property owner or lessee, if the lessee's interest appears of record, execute a contract to pay the fee within a time frame specified in the contract.
5. Exemption From Fee: The following development projects shall be exempt, in whole or in part, from the fee under the following conditions:
(a) Any development projects exempt pursuant to state or federal law.
(b) Development projects governed by a disposition and development agreement or a development agreement in which a parking in lieu fee is specifically delineated, calculated and/or imposed in lieu of the fee established by resolution of the city council.
6. Change Or Cessation Of Ownership And/Or Use: The following apply to changes in use, ownership and development of properties for which in lieu parking fees have been used to satisfy parking requirements pursuant to this subsection:
(a) Any satisfaction of parking requirements through the payment of fees under this subsection shall continue to apply to the subject property in the event of a change in ownership.
(b) Any change of use of property, building additions or redevelopment of a site, that requires more parking, may trigger additional parking requirements. The number of spaces required by the change in use shall be the difference between the number required by the new use or structure and number required by the previous use or structure.
(c) If a structure is reduced in area or a use is replaced with a use for which less parking is required according to the zoning regulations of this title, an adjustment to the amount paid for parking in lieu fees may be reduced to reflect the recalculated parking demand relative to the change in building area or usage of the site. Once satisfied, the obligation for parking in lieu fees shall be deemed to meet the parking requirement for which the in lieu fee amount was previously determined. If the site is again changed to increase parking demand, then the provisions of subsection (F)5(b) of this section shall become effective.
7. Use Of Fee: The fees collected shall be used for the following purpose: To construct, maintain or provide new public parking spaces with or for the direct benefit of the area described as being the downtown specific plan. Eligible projects include the following:
(a) Purchase of land for parking;
(b) Construction of a parking structure or surface parking lot;
(c) Conversion of existing private parking spaces to publicly available spaces;
(d) Maintenance of public parking created through this program;
(e) Funding of parking program enforcement activities;
(f) Bicycle parking;
(g) Other items for parking and transportation improvements as deemed appropriate by the city manager or by the executive director of the Taft community development agency.
8. Trust Fund: An interest bearing trust fund shall be maintained exclusively for the parking fund. These trust funds and interest earned by these trust funds shall be used solely for improvement identified in subsection (F)7 of this section.
9. Termination: If this fee program is terminated, any excess funds collected prior to dissolution of this fee program shall be used for those purposes identified in subsection (F)7 of this section.
10. Other Applicable Sections Of City Code: This subsection does not supersede, replace or invalidate other applicable sections of any other city ordinances, resolutions or this code. (Ord. 776-09, 11-17-2009; Ord. 849-22, 12-6-2022)