Irvine Municipal Code Ch. 4-6 Deviation from Requirements

Footnotes:

--- (2) ---

Editor's note— Ord. No. 00-04, § 4, adopted April 25, 2000, amended the Code by renumbering former ch. 4-7, §§ 4-7-1—4-7-4, as ch. 4-6, §§ 4-6-1—4-6-4.

Requests to decrease the number of parking spaces that are not in accordance with the provisions outlined in Section 4-6-2 shall be subject to the variance procedure established in Chapter 2-37.

(Code 1976, § V.E-406.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2-27-01)

Note— Former § 4-7-1.

With the passage of the Federal Americans With Disabilities Act (ADA) into law, property owners are required to bring their developed property into conformance with the new accessibility requirements. This includes the upgrade of existing handicap parking spaces. The size of the handicap parking spaces and their respective loading areas have increased in width. Therefore, in upgrading the handicap parking spaces, the potential for the loss of existing non-handicap parking spaces is increased. It shall be the property owner/developers responsibility to apply and receive approval for a restriping permit prior to re-striping any existing parking spaces. See Section 4-4-4.

In those instances where required nonhandicap parking spaces will be lost with the upgrade or addition of handicap spaces required by the ADA, the applicant must submit a parking lot restriping permit application. In addition to the restriping permit application form, a written request stating that by bringing the site into conformity with the Federal Americans With Disabilities Act, required nonhandicap parking spaces will be lost. The plans shall clearly identify the entire onsite parking area to show that the relocation/redesign of parking spaces will not recoup the loss of existing parking spaces. City staff shall determine if there are appropriate parking redesign options or if a request for a variance is required to receive relief from providing onsite nonhandicap parking spaces.

The Director of Community Development shall have the authority to waive the requirement to seek a variance.

(Code 1976, § V.E-406.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2-27-01)

Note— Former § 4-7-2.

Administrative relief may be granted from any section of the parking ordinance, with the exception of certain requests to decrease the number of required spaces, which is discussed above. Requests to decrease the required number of parking spaces which correspond to the provisions outlined below shall be subject to the administrative relief procedure. Any request for administrative relief shall conform to the submittal requirements outlined in Chapter 2-2 for administrative relief procedures. Any other request for a decrease in the number of parking spaces required by this ordinance is subject to the variance process (see Chapter 2-37).

The following situations describe when a reduction in on-site parking spaces may be requested through the administrative relief process:

A. Shared parking. A shared parking facility can be used to serve two or more individual land uses without conflict or encroachment. The shared parking concept can be applied to developments with a combination of uses which have differing peak parking demands requests for shared parking must meet the following requirements:

1. The applicant shall prepare a shared parking study based on the City's approved shared parking study guidelines. The shared parking study shall identify a parking ratio consistent with the parking demand of the uses for which joint parking is proposed. The study shall also address the appropriate mix of full size and long-term parking spaces.

2. The number of parking stalls which may be credited against the requirements for the structures or uses involved shall not exceed the number of stalls reasonably anticipated to be available during different hours of operation.

3. A written agreement, between two sites under different ownership, shall be drawn to the satisfaction of the Director of Community Development and executed by all affected parties, assuring the continued availability of the number of stalls designated for joint use. (Refer to Section 4-6-4 (Legal Agreement).)

B. Transportation management plan. The number of required parking spaces may be decreased by up to ten percent subject to the approval of a transportation management plan supplied by the applicant. Such a plan may include, but is not limited to, carpooling, van pools and staggered work hours. The applicant shall provide, for review and consideration by the approval body, the following information:

1. Projected effectiveness of carpool, vanpool, staggered work hours or similar transportation programs.

2. Proximity to public transportation facilities serving a significant portion of employees and/or customers.

3. Evidence that employees and/or customers utilize on a regular basis transportation alternatives to the automobile.

4. A written agreement, between the City and landowner, shall be drawn to the satisfaction of the Director of Community Development and executed by all affected parties, assuring the continued implementation of the transportation management plan. (Refer to Section 4-6-4 (Legal Agreement).)

C. Low percentage of usable space. The parking schedules are formulated assuming approximately 85 percent of a building is gross leasable, as defined in the zoning ordinance. However, it is possible that buildings may have a percentage of leasable building area less than 85 percent, resulting in a reduced parking demand. A request for a reduction in parking shall satisfy the following requirements:

1. To justify the request, the applicant shall submit for review and consideration by the approval body a detailed floor plan listing the square footage in the building by use.

2. A written agreement shall be drawn to the satisfaction of the Director of Community Development and executed by all affected parties, stating that the square footage identified as not feasible shall remain as identified, unless additional parking is provided for that square footage. (Refer to Section 4-6-4 (Legal Agreement).)

D. Off-site parking facilities. Requests for off-site parking must meet the following requirements:

1. 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 factors shall be considered:

2. Proximity of the off-site parking facilities.

3. Ease of pedestrian access to the off-site parking facilities

4. Off-site parking facilities are intended to serve uses with low turnover with infrequent demand (i.e., Places of Worship), excluding valet parking and shuttle services.

5. A written agreement shall be drawn to the satisfaction of the Director of Community Development and executed by all parties concerned, assuring the continued availability of the off-site parking facilities for the use they are intended to serve. (Refer to Section 4-6-4 (Legal Agreement).)

E. Parking Study. The number of parking spaces required by Section 4-3-4 (Automobile parking matrix) may be decreased if it can be demonstrated through a parking study that the proposed use would have a parking demand less than the requirements given in Chapter 4-3 of the Zoning Ordinance.

F. Bicycle Parking. A request for administrative relief from bicycle parking standards required by Section 4-3-7 (Bicycle parking requirements) shall satisfy the following requirements:

A. Due to special circumstances associated with the operation of a particular use, the proposed use will generate a bicycle parking demand significantly different from the City's requirements;

B. Due to the site's location within or adjacent to a larger development for which adequate bicycle parking is already provided, sufficient bicycle parking exists within proximity to the site; and/or

C. Deviations from bicycle parking standards are justified due to unique characteristics associated with the project site and/or project design.

(Code 1976, § V.E-406.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2-27-01; Ord. No. 24-07, § 3(Exh. A), 5-28-24; Ord. No. 25-20, § 2(Exh. A), 7-8-25)

Note— Former § 4-7-3.

A. Approval of administrative relief requests that involve shared parking, transportation management plans, low percentage of useable spaces, and/or off-site-parking facilities shall require a written legal agreement between all affected parties with the City given rights to approve any changes to the agreement which affect parking. The agreement is subject to review and approval of the Director of Community Development and the City Attorney. The agreement shall be recorded against the property with the Orange County Recorder's Office. The Director of Community Development may waive the requirement to record a legal agreement for nonprofit organizations or institutional uses.

B. In the instance where administrative relief is requested by an applicant who is also the landowner of the property involved with provision of parking, no legal agreement will be required. Instead, a condition shall be placed upon the approval of the application. The condition shall require revocation of the approval if the required parking is no longer made available.

(Code 1976, § V.E-406.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 01-02, § 4, 2-27-01)

Note— Former § 4-7-4.