This chapter provides a process for the discretionary review
of proposed parking facilities that are not located on the same site
as the land uses they serve, to ensure compliance with basic health,
safety, and community welfare standards, while providing opportunities
for suitable alternatives to on-site parking.
(Ord. 01-594 § 2, 2001)
A parking use permit shall be required to authorize:
A. The use of off-site parking facilities to satisfy the parking requirements for a proposed use established by Chapter
19.28 (Off-Street Parking and Loading Standards);
B. A commercial
parking facility serving the general public which charges a parking
fee;
C. The
sharing of parking facilities by adjacent or nearby uses on parcels
under separate ownership; and
D. The
use of excess parking (parking spaces on a site that are in excess
of the number required by this Zoning Ordinance for the uses on the
site) by off-site uses or activities, or as commercial parking.
(Ord. 01-594 § 2, 2001)
A. Planning and Development Services Director - Minor Parking Use Permits. The Planning and Development Services Director shall be the review
authority for parking use permits:
1. Where
the use associated with the proposed parking requires Planning and
Development Services Director review and decision in compliance with
Article 19-2 (Zoning Districts and Allowable Land Uses); and
2. Where
an applicant proposes to make excess parking spaces available to others.
B. Planning Commission – Major Parking Use Permits. The
Planning Commission shall be the review authority for parking use
permits where the use associated with the proposed parking requires
Planning Commission review and decision in compliance with Article
19-2 (Zoning Districts and Allowable Land Uses).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 188, 2019)
A. Application Preparation and Filing. An application for a parking use permit shall be prepared, filed, and processed in compliance with Chapter
19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section
19.56.050 (Findings and Decision), below.
B. Notice. Public notice of a requested parking use permit
shall be provided by posting both the location of the proposed parking,
and the site of the use that will use the parking. The posted notice
shall be a minimum of 11″ by 17″, shall contain the
information required by the Planning and Development Services Director,
and information on any other permit that is simultaneously being processed
by the city for the same site. The notice shall be continuously posted
for seven days before the Planning and Development Services Director's
action. Posting is required in a clearly visible location on each
street frontage. In the case of a major parking use permit for a project
that requires Planning Commission approval of a separate discretionary
permit, the posted notice, mailed notice and the required newspaper
notice, shall be combined with that required by this article for the
discretionary permit. A mailed notice to properties around the off-site
parking location is required.
C. Public Hearing. A public hearing shall not be required before
the approval of minor or major parking use permits. Major parking
use permits for projects that require Planning Commission approval
of a separate discretionary permit that requires a public hearing
shall be considered by the Planning Commission concurrently with the
discretionary permit.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 45, 2002; Ord. 19-1058 § 189, 2019)
The review authority may approve or modify a parking use permit
application in whole or in part, with or without conditions, only
after first finding that:
A. The
proposed off-site parking is allowed within the applicable zoning
district and complies with the intent of all of the applicable provisions
of this Zoning Ordinance;
B. The
proposed off-site parking spaces would be consistent with the objectives,
policies, general land uses, and programs of the General Plan; and
C. In
the case of a proposed use of excess parking, the number of excess
spaces is validated, the spaces are not likely to be needed by the
primary use of the site, and the use of the excess spaces by others
will not adversely affect nearby residents or properties.
(Ord. 01-594 § 2, 2001)
In approving a parking use permit, the review authority may
impose reasonable and necessary specific developmental, locational,
and operational conditions relating to both on- and off-site improvements,
and facility operation, which are intended to ensure that:
A. Access
to the site is adequate to accommodate the proposed off-site parking
and the traffic that the facility would reasonably generate;
B. The
design, location, size, and operating characteristics of the proposed
off-site parking are compatible with the existing and future land
uses on-site and in the vicinity of the subject property;
C. The
establishment, maintenance, or operation of the proposed parking at
the location proposed does not endanger, jeopardize, or otherwise
constitute a menace to the public convenience, health, interest, safety,
or general welfare of persons residing or working in the neighborhood
of the proposed parking lot or structure;
D. Where the off-site parking spaces are new, and in close proximity to residential uses, and especially bedroom windows, they are designed and operated to comply with the city's noise requirements in Section
19.20.090 (Noise Mitigation); and
E. Any
proposed valet parking use will not generate excessive traffic on
surrounding public streets and shall not utilize any residential street.
(Ord. 01-594 § 2, 2001)
Design, location, and operating standards for off-site parking facilities are provided in Section
19.28.120 (Off-Site Parking Standards).
(Ord. 01-594 § 2, 2001)
A. Guarantee of Continued Availability. Required parking spaces
that are approved off-site shall be committed by a lease, bond, or
other agreement, acceptable to the City Attorney, between the owners,
and if applicable, the lessees of the off-site parking spaces and
the owners, and if applicable, the lessees of the subject site, with
the provisions reflecting the conditions of approval and the approved
off-site parking plan.
B. Proof of Availability. Lessees of off-site parking that
provides required spaces shall provide proof to the Planning and Development
Services Director of continuous leases for the off-site spaces annually
by January 31.
C. Loss of Off-Site Spaces.
1. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the requirements of Chapter
19.28 (Off-Street Parking and Loading Standards) shall immediately notify the Planning and Development Services Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.
2. Effect
of Termination of Agreement. Upon notification that a lease for required
off-site parking has terminated, the Planning and Development Services
Director shall determine a reasonable time in which one of the following
shall occur:
a. Substitute parking is leased that is acceptable to the Planning and
Development Services Director;
b. An in-lieu parking fee is paid in compliance with Section
19.28.080 (In-lieu parking fee); or
c. The size or capacity of the use is reduced in proportion to the parking
spaces lost.
D. Parking Fee Reimbursement. The business operator may be
required to reimburse patrons for the total cost of the parking fee
for the use of a shared parking facility. The amount of the reimbursement
shall be determined by the review authority at the time a parking
use permit is approved.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 190, 191,
2019)
A. The approval or denial of a parking use permit may be appealed in compliance with Chapter
19.76 (Appeals). The procedures of Chapter
19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of a parking use permit, except as follows:
1. Expiration and Extension. To ensure continued compliance with the provisions of this chapter, each approved parking use permit shall expire one year from effective date of approval, unless otherwise specified in the permit, if the use has not been established. Time extensions may be granted in compliance with Chapter
19.62.
2. Revocation. A parking use permit may be revoked or modified, with only a 24-hour notice, in compliance with Section
19.80.060 (Revocations and Modifications).
B. Voluntary relinquishment of an existing parking use permit for the purpose of participating in the Parking Credits Program shall require a minor change to an approved project pursuant to Section
19.62.070. Upon application and payment of a permit modification fee, the Planning and Development Services Director may authorize the relinquishment of an existing parking use permit upon finding that the business is meeting its parking requirements by participating in the Parking Credits Program. The required parking credits contract shall be executed prior to the relinquishment of the parking use permit.
(Ord. 01-594 § 2, 2001; Ord. 12-885 § 9, 2012; Ord. 19-1058 § 192, 2019)