§ 61.323. Adjustments to Parking Requirements.

Adjustments to the required minimum of number of off-street parking spaces for new and revised projects may be allowed with approval of staff or the Municipal Planning Board. The procedures and applicability of the approval process, along with the available magnitudes and criteria for reductions are detailed below.

Adjustments to the required minimum or allowed maximum number of parking spaces are not eligible for variances granted through the Board of Zoning Adjustment.

(a)

Minimum Requirement Reductions. New buildings, expansions of existing buildings, or changes in use to higher density or intensity uses may apply for a reduction in the minimum number of On-Site or Remote parking spaces. Such requests shall use the approved application and be made at the time of or prior to application for Master Plan, Conditional Use Permit, Zoning Change, or Future Land Use Change, if applicable. If the project does not require any of the above reviews, the request for a reduction in the number of parking spaces provided shall be made 60 days prior to submittal of any plans to Permitting Services Division.

(1)

Requests for reductions will be evaluated based on the site's specific location and land use(s). Requests qualifying for reductions in the number of spaces of 10% or less are eligible for staff approval via a Zoning and Transportation Official Determination. Requests seeking reductions in the minimum number of spaces of 11% to 40% will require MPB approval as part of another matter before the Board or as a separate Conditional Use Permit. Reductions of greater than 40% shall not be granted under this Section.

(2)

If a reduction in the minimum number of parking spaces equal to or less than 10% is granted under the provisions of this Section, the applicant shall not be allowed to operate the parking facility with more than 20% of the total spaces reserved or assigned for individual residents or employees. If a reduction in the minimum number of parking spaces of more than 10% is granted under the provision of this Section, the applicant shall not be allowed to operate the parking facility with more than 5% of the total spaces reserved or assigned for individual residents or employees. Areas of the facility may be segregated for types of users, such as residents, employees or for specific tenants but the use of such operational procedures will be considered by staff and the MPB when considering the size of the reduction to approve.

(3)

If a reduction in the minimum number of parking spaces is granted under the provisions of this Section, the owner is required to grant all necessary cross-access easements to adjacent property owners, create joint pedestrian circulation plans with near-by properties, and incorporate pedestrian oriented design features as applicable.

(4)

The following criteria shall be used for evaluation of eligibility. The percentages listed below are the maximum percentages that may be approved. A lower percentage reduction may be approved by Staff or MPB if the criteria is deemed to be only partially met by a particular project. In no case will the sum of reductions approved exceed 40% of the minimum parking requirements from Figures 26 & 27.

FIGURE 27-A

Figure 27-A	Maximum Reduction
Proximity to Premium Transit:	Up to 10%
Proximity to Public Parking Facilities:	Up to 5%
Complementary Land Uses in the same Building or Site:	Up to 5%
Provision of onsite Car Share	Up to 5%
Inclusion of Affordable Housing Element:	Up to 5%
Separation from Residential Neighborhoods with On-Street Parking	Up to 5%
Provision of Enhanced Bike & Pedestrian Facilities	Up to 5%

 

(5)

Creation of an On-Site Parking Reserve. Applicants may set aside land within their building site as a Parking Reserve for future parking needs. Where a parking reserve is provided, the property owner shall, at his/her own expense, enter into a written agreement with the City, recorded with Orange County, and shall submit a site plan to show how the additional number of spaces otherwise required could subsequently be provided on the site. The parking reserve shall include all required yards, setbacks and driveways and meet all other requirements of this Part, and shall be shown on the final site plan submitted for permits. The additional parking spaces may be provided in a parking lot or parking garage, as determined by the property owner and where approved by the Zoning Official to be practical, feasible and compatible with the site plan for the land use being served. The request for use of a parking reserve shall be made prior to Staff or MPB approval of any parking requirement reductions under this Part and shall be supported by a professionally prepared parking study demonstrating a lower than typical parking need for the project at the time of initial completion. Parking Reserves shall expire 15 years from the date of execution and the land contained therein may be used for other development activity.

(b)

Maximum allowable increases requests to construct more parking spaces for one or more land uses than the allowable maximums in Figure 27 requires a Zoning Official determination unless the request is incorporated into a Master Plan or Conditional Use Permit. Requests seeking increases of more than 10% of the maximums in Figure 27, must go through Municipal Planning Board review. Applicants may be required to provide landscaping or mobility features that exceed the Code required minimums to be considered for relief under this provision.

(Ord. No. 2010-33, § 1, 8-30-2010, Doc. #1008301102; Ord. No. 2019-10 , § 3, 3-25-2019, Doc. #1903251201)