Kings County Zoning Code § 1304 Joint Use or Shared Parking

A. The Zoning Administrator or Planning Commission may, upon application by the owner or lessee of any property, authorize the joint or shared use of parking facilities by the following uses or activities under the conditions specified herein:
1. Up to 50% of the parking facilities required by this article for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use and up to 50% of the parking facilities required by this article for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided that such parking area shall meet the conditions set forth in paragraph 3 below.
2. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical nighttime uses: theaters, bars, night clubs, auditoriums other than those incidental to a public or parochial school or religious institution, and similar uses.

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Art. 13 Page 13 - 5

Off-Street Parking and Loading

DEVELOPMENT CODE

The following are conditions required for joint or shared use:
- a. The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within 150 feet of such parking facility.
- b. The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.
- c. The applicant of the project proposing to use parking already established for another use shall submit a signed contract (covenant) between the applicant and the other property owner(s) providing the off-street parking spaces subject to the shared parking arrangement.
  - (1) The covenant shall be subject to the approval of the Zoning Administrator.
  - (2) The covenant shall also be subject to review by County Counsel, as to form and content.
  - (3) The covenant shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that said parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the County.
  - (4) The covenant shall be recorded in the office of the County Recorder of Kings County, State of California.

B. Shared Parking within Common Facilities:

Common parking facilities may be provided in place of the individual requirements specified in this Article, and shared between the uses they serve provided the total number of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions for joint use as set forth in Subsection A above.
When any such common parking facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified herein for each of two or more participating buildings or uses may be reduced by not more than 15% of the total area of the common parking facilities required upon approval of development plans by the Commission in the manner prescribed for a Conditional Use Permit as set forth in Article17 of this Development Code.

C. Mixed Uses: In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified for the joint use.
D. Parking Demand Study: The Zoning Administrator may require the applicant to submit a parking study, prepared by a person/firm experienced in preparing parking plans, to assist the Zoning Administrator in determining the appropriate shared parking reduction.
E. Low Demand: The number of required parking spaces may also be reduced if the use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study submitted to and approved by the Zoning Administrator.

Sec. 1305. Exemption from Parking Space Requirements: None of the provisions of this Development Code which require off-street parking spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property which is located within any parking district hereafter formed and existing under the provisions of any parking district ordinance approved by the Board of Supervisors.