Required parking spaces shall be located on the same lot as the use they serve. However, this requirement may be modified to allow a parking facility serving one or more non-residential uses located on a site other than the site of one or more such use(s) according to the requirements of this section. Such a modification shall be processed as a use permit pursuant to the procedures of Article 27, and a decision on the application shall be rendered by the Planning Commission.
(A) Standards.
(1) Uses served. An off-site parking facility may only serve non-residential uses.
(2) Location. Any off-site parking facility must be located within 400 feet, along a paved wheelchair-accessible walk, of the principal entrance containing the use(s) served.
(3) Parking agreement. A parking agreement subject to review and approval by the City Attorney shall be submitted. The parking agreement shall be in one of the two following forms and shall not be modified or terminated without the approval of the Community Development Director and City Attorney:
(a) A covenant running with the land or an easement, subject to the approval of the City Attorney, and recorded in the County Recorder's Office. The owner of record of the proposed off-site parking facility shall submit a title report for the parcel and a covenant running with the land, or an easement, that describes the parcel and obligates it for parking purposes free and clear of exceptions that would interfere with the use, describes the obligation of the party to maintain the parking facility, and describes the parking facility by a parking diagram; or
(b) A parking lease agreement for the proposed off-site parking facility that is signed by both the permittee and property owner or agent of the property owner authorized to bind the owner, subject to the approval of the City Attorney, and recorded in the County Recorder's Office. The parking lease agreement shall run with the use and state the number of spaces subject to the lease and the days and hours of operation when the parking will be leased, term/duration of the lease, and include a description of the facility, including a parking diagram.
(B) Findings for approval. The Planning Commission may only approve a use permit to allow an off-site parking facility to meet the parking requirements for a use if it finds that all of the following are true:
(1) The applicant has demonstrated that the off-site parking will be available to the use, and that no substantial conflict will exist in the principal hours or periods of peak parking demands of any uses which are proposed to share the parking.
(2) Access to the site is adequate to accommodate the proposed off-site parking and any resulting excess traffic to the facility.
(3) The design, location, size and operating characteristics of the proposed off-site parking facility are compatible with the existing and future land uses on-site and in the vicinity of the subject property.
(4) The establishment, maintenance, or operation of the proposed parking at the location proposed will not endanger, jeopardize, or otherwise constitute a nuisance for persons residing or working in the neighborhood of the proposed parking lot or structure.
(5) Any proposed valet parking use, if included, will not generate excessive traffic on surrounding public streets and will not utilize any residential street.
(6) The shared parking spaces will be available for as long as the uses requiring the spaces are in operation.
(7) The peak hours of parking demand for all of the uses sharing parking do not conflict so that peak demand is greater than the parking provided.
(8) A written agreement between land-owner(s) and the city, in a form satisfactory to the City Attorney as set forth in § 9-5.1705(A)(3) of the Zoning Ordinance. This agreement shall be in the form capable of and subject to being recorded to constitute a covenant running with the land.
(C) An applicant for a use permit for shared parking may be required to submit survey data substantiating a request for reduced parking requirements. A use permit for shared parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 2089-C-S, passed 6-24-14)