Sec. 25-23-15. Downtown parking district.

In lieu of Section 25-23-10 of the city code, the provisions of this section shall apply to the area identified as the downtown parking district. The downtown parking district boundaries shall be determined as set forth in this section.
(1) Purpose. The purpose for the downtown parking district is to:
(A) Maintain and enhance a pedestrian oriented environment in the downtown parking district;
(B) Promote and encourage economic investment in the downtown parking district;
(C) Promote re-use and renovation of historic buildings in the downtown parking district, while encouraging new investment and construction;
(D) Enhance the vitality of the downtown parking district by encouraging an appropriate mix of future development and land uses;
(E) Encourage mixed-use development supporting residential and office on the upper floors and ground floor office, retail and restaurants.
(2) Parking Requirements. Off-street parking shall be provided in connection with the erection, addition, alteration, expansion or change of use of any building or structure in the following amounts:
(A) Hotel: one space per room plus one space for the manager;
(B) Live/work: one space per unit;
(C) Multifamily:
Studio: one space per unit
1 bedroom: one space per unit
2 bedroom: one and three-quarter spaces per unit
3+ bedroom: two spaces per unit.
(D) Offices (except medical offices and clinics): one space for each four hundred square feet of gross floor area;
(E) Retail stores, banks: one space for each three hundred square feet of gross floor area;
(F) Restaurants, cafes, coffee shops, bars and establishments with on-site alcohol sales: one space for each three hundred square feet of gross floor area;
(G) Studio, photography, dance, music, or art gallery: one space for every three hundred square feet of gross floor area;
(H) Uses not listed: the community development director may allocate off-street parking for uses of a similar nature to those listed in subsections (2)(D) through (2)(G) of this section, at one space per three hundred square feet of gross floor area. If specific standards are not addressed in this section, the provisions of Section 25-23-10 shall apply.
(3) Special Provisions.
(A) Existing buildings which currently operate in accordance with the downtown specific plan are exempt from this section, except as otherwise provided in subsection (3)(C) of this section.
(B) New buildings shall be required to meet the parking requirements set forth in this section.
(C) Off-street parking in accordance with subsection (2) of this section shall be required upon the expansion, addition or change in use of existing buildings as follows:
(i) Addition, enlargement or change of use of building: any building or structure which is enlarged, expanded or converted to residential use, shall provide off-street parking in the amount required for the enlarged, remodeled or converted building or use. Off-street parking shall be required only if the square footage of a building is increased by ten percent or more.
(ii) Residential use: on-site parking shall be required for any building, or portion thereof, that is converted to residential use.
(D) Parking requirements may be waived as follows:
(i) A minimum of one on-site parking space per residential unit shall be required, except as allowed in subsection (2)(C) of this section.
(ii) Shared parking pursuant to subsection (4) of this section.
(iii) Payment of in-lieu parking fees pursuant to subsection (5) of this section.
(iv) Off-site parking within three hundred feet for residential uses pursuant to subsection (6) of this section.
(E) On-Street Parking. New on-street parking spaces created as the result of a development may be counted toward the commercial parking requirement. However, on-street spaces lost due to development (i.e., curb cut), shall be considered a loss of a space and must either be replaced on-site or be subject to in-lieu parking fees.
(F) Bike Parking. All new developments shall provide and maintain bicycle parking facilities. Bike parking shall be provided with all new development projects. The racks shall be visible and located in safe, well lit and secure locations. Bike parking in dispersed locations is preferable to a single high capacity location. The number and placement of bike parking shall be determined at the time of design review.
(4) Shared Parking for Nonresidential Uses. In exceptional circumstances, nonresidential parking facilities may request that the planning commission consider and approve a shared parking agreement. Shared parking may be considered if multiple uses on the same parcel cooperatively operate the facilities and if some uses generate parking demands when other uses are not in operation. The applicant shall provide documentation, including a shared parking use analysis to the satisfaction of the planning commission, justifying the requested shared parking reduction. A request for shared parking to reduce parking demand by a maximum of twenty-five percent from the underlying base standards shall be subject to the following findings and restrictions:
(A) Sufficient evidence has been provided to establish that there are unique aspects of the use or location that justify a possible reduction in on-site parking. The evidence shall describe the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them. Analysis shall include possible future impacts should uses change and evaluation of alternative future uses; and
(B) The number of spaces provided will meet the greatest parking demand of any participating use; and
(C) Shared parking may be considered in the case of public or quasi-public uses and where it is adequately demonstrated that there will be no conflict in type and the time of the uses, such as may be the case for a use that only operates during weekends or evening. If it can be demonstrated that the uses are such that there will be no conflict over the life of the project and restrictions are provided to ensure that case, then the applicant may request consideration by the planning commission to increase the percentage of parking reduced above twenty-five percent; and
(D) Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the planning commission and approved by the city attorney, are executed to ensure that the parking spaces provided are maintained and used as approved for the life of the nonresidential development; and
(E) The planning commission finds that parking may be reduced beyond that allowed in the downtown parking district as a result of special circumstances regarding the nature of the development proposed in that additional reduction is warranted; and
(F) There will not be a significant negative impact to surrounding properties; and
(G) If applied in conjunction with other waivers, there will be sufficient parking within the downtown parking district, this will not create a hardship or negative impact, and this will promote the general health, safety and welfare of the community; and
(H) The owner or operator of a business that uses approved shared parking spaces to satisfy the parking requirements of this section shall immediately notify the community development director of any change of ownership or planned use of the property for which the spaces are required, and of any termination or default of the shared parking agreement; and
(I) Upon notification of possible termination of the shared parking agreement, the community development director shall determine a reasonable time in which one of the following shall occur:
(i) Substitute parking shall be provided that is acceptable and secured; or
(ii) An in-lieu parking fee shall be paid for each space eliminated.
(5) In-Lieu Parking Fee. In lieu of subsections (2), (3) and (4) of this section, the off-street parking requirements may be satisfied through the payment of an in-lieu parking fee. The in-lieu parking fee shall be administered as follows:
(A) Establishment of Amount of Fee. The amount of the in-lieu parking fee shall be set by separate resolution following a public hearing of the city council. The city council may adjust the fee at their discretion as frequently as is deemed necessary based on factors including, but not limited to, inflation, the cost of providing new parking spaces, and the market value of the parking spaces.
(B) Applicable to Geographic Area. Only properties located within the downtown parking district shall be eligible to apply for the in-lieu parking fee. The city council may, by resolution and following a public hearing, change or modify the boundaries for the in-lieu parking fee, or determine new boundaries.
(c) Determination of Eligibility. The community development director may allow a payment of in-lieu parking fees as an alternative to providing all or a portion of the required parking spaces on-site if it can be adequately demonstrated to the community development director that one or more of the following conditions apply:
(i) It is infeasible to provide the required parking spaces on-site due to the size, shape or topography of the site, or other special circumstances pertaining to the property.
(ii) Providing the required parking spaces on-site is detrimental to the pedestrian nature of the downtown parking district.
(iii) The uses proposed for the project do not require parking to be on the project site.
(iv) Encouraging users of the project site to walk from off-site parking to the project site would be beneficial to the downtown parking district.
(v) The existing and planned parking supply in the vicinity of the project site is adequate.
(vi) Public assembly uses may not exempt more than fifty percent of the required parking for that use utilizing an in-lieu of parking fee.
(D) Payment of Fee. Should the community development director approve an in-lieu parking fee request, payment shall be made to the city in one lump sum prior to the issuance of a building permit or, if a building permit is not required, within forty-five days of written request by city for payment. The in-lieu parking fee shall be a one time only, nonrefundable payment and shall be considered full satisfaction of the off-street parking requirement for the number of parking spaces for which the in-lieu parking fee was paid.
(E) Effect of Payment. In-lieu parking fees shall be used exclusively to make available additional parking spaces for public use within the downtown parking district and do not guarantee the construction of spaces in any particular area of the downtown parking district or within any particular period of time. In-lieu parking fees are solely an alternative means of satisfying the applicant’s obligation to provide off-street parking as required by this section. Payment of the in-lieu parking fee does not carry any other guarantees, rights, or privileges to the applicant.
(6) Off-Site Parking for Residential Use. Construction of off-site parking within three hundred feet of a residential project site may be considered by the planning commission for exceptional circumstances in which there are unusual or unique site constraints that prohibit the ability to provide parking and where secured off-site parking is potentially available, subject to the following findings and restrictions:
(A) Evidence has been provided to establish that there are unusual physical restrictions or circumstances on the subject property to justify the use of off-site parking, and that an adequate site is available within three hundred feet of the subject property under the same ownership. Consideration may be given to off-site properties held under a long-term lease through a recordable covenant, or other security.
(B) Any required parking spaces that are off-site shall be committed by a recordable covenant, lease, or other agreement, executed by and between the owner and, if applicable, the lessees of the off-site parking spaces, which adequately reflects the conditions of approval and the approved off-site parking plan, and is approved by the city attorney.
(C) The owner or operator of a business that uses approved off-site parking spaces to satisfy the parking requirements of this section shall immediately notify the community development director of any change of ownership or planned use of the property for which the spaces are required, and of any termination or default of the off-site parking agreement.
(D) Upon notification of possible termination of an off-site parking agreement, the community development director shall determine a reasonable time in which one of the following shall occur:
(i) Substitute parking shall be provided that is acceptable and secured; or
(ii) An in-lieu parking fee shall be paid for each space eliminated. (Ord. No. 1493 § 4)