Article V — PARKING MODIFICATIONS FOR HISTORIC STRUCTURES

The purpose of this article is to establish a process for the consideration and approval of a permit for modified parking requirements for historic structures. The permit allows certain specified citywide parking requirements to be modified as an incentive to preserve and maintain designated historic structures. The planning commission shall have the authority to approve a request for a parking modification permit, subject to the provisions of this article. (Ord. 2128 § 1, 1990)

For purposes of this article the following words shall have the meanings ascribed to them:

A. "Historic structure" means a structure included on the city's Register of Historic and Scenic Properties, list of individually designated historic resources, or a state or national listing of historical significance. (Ord. 2128 § 1, 1990)

A. For historic structures located in nonresidential zoning districts, and for land in residential districts located adjacent to park lands, the off street parking requirements of section 18.164.240 of this chapter may be modified in one of the following ways:

1. A reduction of the required number of parking spaces by twenty percent (20%); or

2. The crediting of on street parking spaces which are adjacent to frontage of the designated historic structure site towards the total number of required off street parking spaces required for the use, provided that the planning commission determines that such on street parking spaces will remain available for public parking during all business hours in the future. No on street parking spaces located within fifteen feet (15') of a "stop" sign or corner radius shall be counted. No on street parking spaces located in front of a bus stop shall be counted.

B. For historic structures located in all zones within the city:

1. A reduction of the width of driveway aisles by four feet (4') from the requirements of section 18.164.280 of this chapter (e.g., from 26 feet to 22 feet for 90 degree parking).

2. Allow the use of off site parking in parking lots that are located up to four hundred feet (400') away from the historic structure, rather than two hundred feet (200') as provided in section 18.164.250 of this chapter, where the planning commission determines that the applicant has provided adequate incentives for the use of such parking lots.

3. Allow vehicles to back out into alleys where the planning commission determines that visibility is good and such backing out of vehicles can be done safely, notwithstanding the provisions of section 18.164.270 of this chapter.

4. Allow twenty five percent (25%) of the parking lot located on the site of the historic structure to be compact spaces, without requiring the first twenty five (25) spaces to be full size as required by subsection 18.164.260B2 of this chapter.

5. Allow tandem parking where the planning commission determines that such parking would be effectively used.

6. Allow the reduction of the two-way aisle widths specified in table 18.164.280(A) of this chapter from twenty feet (20') to ten feet (10') where the location of the historic structure on the site prohibits construction of a full width driveway, and allow the reduction of driveway approaches to fourteen feet (14'), as opposed to twenty six feet (26') as required in subsection 18.164.270D of this chapter. Such reductions shall only be approved for driveways to parking areas having less than twenty (20) parking spaces.

7. Allow for the use of three foot (3') wide planters for required landscape areas, notwithstanding the five foot (5') requirement of section 18.168.180 of this title.

8. Allow for the deletion of the loading space requirements prescribed by section 18.164.340 of this chapter for historic structures having less than six thousand (6,000) square feet of gross floor area.

C. The planning commission may approve the parking modification permit with such conditions as are necessary to adjust the permitted parking modification to the proposed use and effectuate the purposes of this article. (Ord. 2128 § 1, 1990)

Parking modification permits may be approved by the planning commission or city council for historic structures for which additions are proposed to be constructed; provided, however, the modification shall not be applicable to any parking requirements necessary for any portion of the proposed addition which exceeds fifteen percent (15%) of the gross floor area of the structure. (Ord. 2128 § 1, 1990)

Prior to rendering a decision on an application for a parking modification permit, the planning commission shall submit the application to the city's historic and scenic preservation commission and the city's engineering department for their review and recommendation, and the commission's and department's recommendations shall be considered by the planning commission in imposing any conditions on the project. (Ord. 2128 § 1, 1990)

Notice of an application for a parking modification permit shall be published in a newspaper of general circulation not less than ten (10) days prior to the date set for the planning commission hearing. Notices shall also be mailed not less than ten (10) days prior to the date of the meeting to owners of property within a radius of three hundred feet (300') of the external boundaries of the property described on the application, using for this purpose the name and address of such owners as shown on the latest official tax role of the county. (Ord. 2128 § 1, 1990)

The planning commission, in approving a parking modification permit, shall find as follows:

A. The proposed parking modification and use of the historic structure is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone;

B. That approving the proposed parking modification and use will significantly improve the possibility that the structure will be preserved and maintained as a historic structure;

• C. That the required parking cannot be provided without the approval of the requested modification;

D. That all on site parking lots will function safely;

E. That approval of the parking modification will not harm the integrity of the historic structure or the surrounding neighborhood. (Ord. 2128 § 1, 1990)

The planning department shall maintain a log of all parking modifications approved pursuant to this article and shall make the log available to the planning commission for its review in determining the cumulative impacts of approving an application for a parking modification permit within the community surrounding the historic structure. (Ord. 2128 § 1, 1990)

A. Within ten (10) days of transmittal of the planning commission's finding and decision to the applicant, any aggrieved party may appeal such decision to the city council. Such appeal shall be made on forms provided by the city, and upon payment of an appeal fee as set by council resolution.

B. The city council shall forthwith hold a public hearing on an appeal after such hearing is noticed as set forth in section 18.164.460 of this article.

C. After such public hearing, the city council shall either approve, modify or disapprove the appealed application. If the planning commission has not made the findings required by section 18.164.470 of this article, the council must do so before it can approve the application for a parking modification permit. (Ord. 2128 § 1, 1990)