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In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the conditions of paragraph (b) and the findings of paragraphs (c) and (d) of this Section.
  1. Eligible parking facilities

    The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:
    1. accessory off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:
      1. are proposed developments or enlargements with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or
      2. are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07 (Existing Buildings and Off-street Parking Facilities);
    2. public parking lots, where such facilities:
      1. are proposed developments or enlargements with any capacity not otherwise allowed under the applicable regulations of Section 13-10;
      2. are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07; or
      3. are proposed developments or enlargements in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);
    3. public parking garages, where such facilities:
      1. are proposed developments or enlargements in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or
      2. are existing prior to May 8, 2013, and increasing the number of parking spaces pursuant to the provisions of Section 13-07.

        The Commission may also permit floor space in such public parking garages used for off-street parking spaces in any story located not more than 23 feet above curb level to be exempt from the definition of floor area, as set forth in Section 12-10.
  2. Conditions

    The proposed parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES). Proposed public parking garages shall utilize the applicable regulations for accessory off-street parking facilities. However, applications to increase the number of parking spaces in parking facilities existing prior to May 8, 2013, need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).
  3. Findings

    The Commission shall find that:
    1. the location of the vehicular entrances and exits to such parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
    2. the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;
    3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
    4. for public parking garages, that where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and
    5. such parking facility will not be inconsistent with the character of the existing streetscape.
  4. Additional findings

    The Commission shall also find that each proposed off-street parking facility complies with the additional findings set forth in one of the following Sections, as applicable:
  1. Section 13-451 (Additional parking spaces for residential growth) shall apply to any such parking facility serving the parking needs of a predominantly residential development or enlargement on a tract of land that has or will have an area of less than 1.5 acres;
  2. Section 13-452 (Additional parking spaces for health care, arts or public assembly uses) shall apply to any such parking facility serving the parking needs of any use listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
  3. Section 13-453 (Additional parking spaces for economic development uses) shall apply to any such parking facility serving the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
  4. Section 13-454 (Additional parking spaces for large development sites) shall apply to any such parking facility serving the parking needs of a large-scale development or any other development or enlargement on a tract of land that has or will have an area of at least 1.5 acres; or
  5. Section 13-455 (Additional parking spaces for existing accessory off-street parking facilities) shall apply to any such accessory parking facility existing prior to May 8, 2013.
In determining the amount of additional parking spaces to grant pursuant to such additional findings, the Commission may take into account levels of vacancy in existing off-street parking facilities within the area of the proposed parking facility.
13-451 Additional Parking Spaces for Residential Growth
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a predominantly residential development or enlargement, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that either:
  1. the number of off-street parking spaces in such proposed parking facility is reasonable and not excessive in relation to recent trends in close proximity to the proposed facility with regard to:
    1. the increase in the number of dwelling units ; and
    2. the number of both public and accessory off-street parking spaces, taking into account both the construction, if any, of new off-street parking facilities and the reduction, if any, in the number of such spaces in existing parking facilities. In making this determination, the Commission may take into account off-street parking facilities for which building permits have been granted, or which have obtained City Planning Commission special permits pursuant to Section 13-45; or
  2. the proposed ratio of parking spaces to dwelling units in the proposed development or enlargement does not exceed:
  1. 20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or
  2. 35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
13-452 Additional Parking Spaces for Health Care, Arts or Public Assembly Uses
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility would serve the parking needs of a health care, arts or public assembly use, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
  1. the proposed parking facility is either in close proximity to or on the same zoning lot as one or more of the following uses :
    1. a hospital or related facility, as listed in Use Group 4;
    2. a museum, as listed in Use Group 3;
    3. a theater, as listed in Use Group 8, or other performing arts venue; or
    4. an arena, auditorium, trade exposition or stadium, as listed in Use Group 12 or, where permitted by special permit, pursuant to Section 74-41 or other government agency approvals;
  2. an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such health care, arts or public assembly use; and
  3. reasonable measures to minimize parking demand have been identified. For existing or enlarged health care, arts or public assembly uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new health care, arts or public assembly uses, such measures shall be committed to in a form acceptable to the Commission.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
13-453 Additional Parking Spaces for Economic Development Uses
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
  1. the proposed parking facility is in close proximity to or on the same zoning lot as a commercial use, community facility use or manufacturing use that is of significant importance to the economic well-being of the City of New York;
  2. an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such use; and
  3. reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
13-454 Additional Parking Spaces for Large Development Sites
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a large-scale development or any other development or enlargement on a tract of land exceeding 1.5 acres, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
  1. where an increased number of permitted off-street parking spaces in such proposed parking facility would serve the parking needs of a predominantly residential development or enlargement, either finding (a) or finding (b) of Section 13-451 (Additional parking spaces for residential growth) is met; or
  2. where such proposed parking facility would serve the parking needs of a predominantly non-residential development or enlargement, an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of the non-residential uses in such development or enlargement ; and
  3. where a parking deficit is created by the relocation of parking users from off-street parking spaces that will be eliminated through the proposed development or enlargement, the availability of off-street parking in the vicinity of such proposed development or enlargement will be of insufficient capacity to accommodate such potential parking users;
  4. reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue, and where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission; and
  5. where phased construction will occur in the large-scale development, or development or enlargement on a tract of land exceeding 1.5 acres, a phased parking plan has been provided that demonstrates that a reasonable and not excessive amount of additional parking spaces is provided in the proposed parking facility in relation to the amount of completed construction within each phase.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
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