§ 157.1.

CONDITIONAL USE APPLICATIONS FOR NON-ACCESSORY PARKING GARAGES IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS AND DTR DISTRICTS

a.

In considering a Conditional Use application for a non-accessory parking garage in Eastern Neighborhoods Mixed Use Districts and DTR Districts, the Planning Commission shall affirmatively find that such facility meets all the criteria and standards of this Section, as well as any other requirement of this Code as applicable.

b.

A non-accessory garage permitted with Conditional Use may not be permitted under any condition to provide additional accessory parking for specific residential or non-residential uses if the number of spaces in the garage, in addition to the accessory parking permitted in the subject project or building, would exceed those amounts permitted as-of-right or as a Conditional Use by Section 151.1.

c.

Criteria.

1.

Such facility shall meet all the design requirements for setbacks from facades and wrapping with active uses at all levels per the requirements of Section 145.1; and

2.

Such parking shall not be accessed from any protected Transit or Pedestrian Street described in Section 155(r); and

3.

Such parking garage shall be located in a building where the ratio of gross square footage of parking uses to other uses that are permitted or Conditionally permitted in that district is not more than 1 to 1; and

4.

Such parking shall be available for use by the general public on equal terms and shall not be deeded or made available exclusively to tenants, residents, owners or users of any particular use or building except in cases that such parking meets the criteria of subsection (d) or (e) below; and

5.

Such facility shall provide spaces for car sharing vehicles per the requirements of Section 166 and bicycle parking per the requirements of Sections 155.1 and 155.2; and

6.

Such facility, to the extent open to the public per subsection (4) above, shall meet the pricing requirements of Section 155(g) and shall generally limit the proposed parking to short-term occupancy rather than long-term occupancy; and

7.

Vehicle movement on or around the facility does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; and

8.

Such facility and its access does not diminish the quality and viability of existing or planned streetscape enhancements.

d.

Parking of Fleet Vehicles. Parking of fleet of commercial or governmental vehicles intended for work-related use by employees and not used for parking of employees’ personal vehicles may be permitted with Conditional Use provided that the Commission affirmatively finds all of the above criteria except criteria (4) and (6).

e.

Pooled Residential Parking. Non-accessory parking facilities limited to use by residents, tenants or visitors of specific off-site development(s) may be permitted with Conditional Use provided that the Commission affirmatively finds all of the above criteria under (c) except criteria (4) and (6), and provided that the proposed parking on the subject lot would not exceed the maximum amounts permitted by Section 151.1 with Conditional Use or 309.1 and 329 exception as accessory for the uses in the off-site residential development. For the purpose of this subsection, an “off-site development” is a development which is existing or has been approved by the Planning Commission or Planning Department in the previous 12 months, is located on a lot other than the subject lot, and does not include any off-street parking. A Notice of Special Restrictions shall be recorded on both the off-site and subject development lot indicating the allocation of the pooled parking.

AMENDMENT HISTORY

History

(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 183-13 , File No. 130528, App. 8/7/2013, Eff. 9/6/2013)

Divisions (b) and (e) amended; Ord. 196-11 , Eff. 11/3/2011. Division (c)(5) amended; Ord. 183-13 , Eff. 9/6/2013.

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