Chapter 22.172 — NONCONFORMING USES, BUILDINGS AND STRUCTURES

22.172.010 - Definitions.

A.

As used in this Chapter the expressions "Type I, Type II, Type III, Type IV, and Type V building" are used as defined Title 26 (Building Code) of the County Code.

B.

"Building or structure, nonconforming due to standards" and "building or structure, nonconforming due to use" are defined in Section 22.14.020 of Division 2 (Definition).

(Ord. 2019-0004 § 1, 2019.)

Except as specified otherwise, the following regulations shall apply to all nonconforming uses and to all buildings or structures nonconforming due to use and/or standards as specified herein:

A.

Continuation. A nonconforming use or a building or structure nonconforming due to use and/or standards may be continuously maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Title 22.

B.

Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards. This Section does not authorize the extension, expansion, or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use, or the alteration, enlargement of, or addition to a building or structure nonconforming due to use and/or standards, or permit the addition of land, buildings, or structures used in conjunction with a nonconforming use or a building or structure nonconforming due to use and/or standards except:

1.

To the extent required by a subsequently enacted or subsequently adopted law, ordinance, or regulation, and the Director so finds. Such additions as are permitted by this Subsection B shall not be construed to extend the termination date of the subject nonconforming use, or a building or a structure nonconforming due to use.

2.

Additions may be made to a building nonconforming due to use and/or standards which is designed for and used as a residence without requiring any additional parking space or driveway paving; provided that such additions neither increase the number of dwelling units in such structure, nor occupy the only portion of an area which can be used for required parking space or access thereto.

C.

Additions to a Building or Structure Nonconforming Due to Standards. Additions may be made to a building or structure nonconforming due to standards which is not in violation of any provisions of this Title 22 and is nonconforming only because it does not meet the following standards of development as provided herein:

Yards, provided such addition or expansion is developed pursuant to the yard requirements of this Title 22.

2.

Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this Title 22.

3.

Parking facilities including width of access and paving, improvement, number of spaces, and landscaping of parking areas; provided, that parking spaces for such addition, increase in occupant load or expansion shall be developed pursuant to the provisions of Chapter 22.112 (Parking). Such addition or expansion shall not occupy the only portion of an area which can be used for the required parking space or access thereto. Where the number of parking spaces provided prior to such addition is sufficient to comply with said Chapter 22.112 after such expansion, the existing development of such parking facilities shall be deemed to comply with this Subsection C.

4.

Such additions as are permitted by this Subsection C shall not be construed to authorize the modification of any provision of this Title 22 nor extend the termination date of the subject nonconforming use.

D.

Conforming Uses in a Building or Structure Nonconforming Due to Standards Other Than Parking. A building or structure nonconforming due to standards other than parking may be occupied by any use permitted in the zone in which it is located, subject to the limitations and conditions governing such use as specified in the zone.

E.

Conforming Uses in a Building or Structure Nonconforming Due to Parking. A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located subject to the limitations and conditions governing such use as specified in the zone; provided, that:

1.

The use has the same or lesser parking requirement as the existing or previous use; or

2.

If the use has a greater requirement than the existing or previous use, a sufficient number of additional parking spaces is developed to accommodate the increased amount of space required by the new use.

F.

Buildings or structures, for which a valid building permit has been issued prior to the effective date, or operative date where later, of the ordinance codified herein, or any amendments thereto, making such

building or structure nonconforming due to use and/or standards, may be completed and used in accordance with the provisions of this Title 22, provided:

1.

That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective or operative date; and

2.

That such building or structure is completed within:

a.

One year from said effective or operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,

b.

One and one-half years from said effective or operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet, or

c.

Two years from said effective or operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for 15,000 square feet in excess of said 150,000 square feet; and

3.

That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.

G.

Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use or Standards. Any building or structure nonconforming due to use or standards which is damaged or partially destroyed may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:

1.

That the cost of reconstruction does not exceed 50 percent of the total market value of the building or structure as determined by:

a.

The current assessment roll immediately prior to the time of damage or destruction, or

b.

A narrative appraisal prepared by a certified member of a recognized professional appraiser's organization; provided, that such appraisal is first submitted to and approved by the Director. Submission of an appraisal shall be at the option of the applicant. In verifying the accuracy of the appraisal submitted, the Director may request additional supporting information from the applicant and/or may conduct an investigation including a request for technical assistance from any source which in the Director's opinion can contribute information necessary to complete such evaluation. Further, the Director may also obtain an independent narrative appraisal of the applicant's property to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the Director's request, the Director may at the Director's discretion determine the market value of the applicant's property based on the evidence submitted and the Director's decision is final; provided, that the applicant shall first have the opportunity to file additional information to substantiate the accuracy of the appraisal submitted by the applicant. Where the Director undertakes an investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the County the actual cost of conducting such investigation and/or the appraisal. Value shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this Subsection G is not approved by the Director. Such costs shall not include the land or any factor other than the building or structure itself.

2.

That all reconstruction shall be started within one year from the date of damage and be pursued diligently to completion.

H.

Maintenance of Buildings or Structures Nonconforming Due to Use. When maintenance or routine repairs within any 12-month period exceed 25 percent of the current market value of a building or structure nonconforming due to use, or a building or structure nonconforming due to standards which is subject to termination by operation of law as specified in Section 22.172.050.B (Termination by Operation of Law), such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this Title 22. This provision does not apply to additions permitted by this part or to Section 22.110.110.B (Relocation of Buildings and Structures for Public Use). Market value shall be determined by the method specified in Subsection G, above.

I.

Maintenance and Operation of Nonconforming Uses in Green Zone. Nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) may be maintained and operated within the time limits specified in Section 22.172.050.B.3 (Green Zone). If the use was established by a discretionary permit pursuant to this Title 22, maintenance and operation shall be subject to the conditions of approval of the discretionary permit. For all other uses, maintenance and operation shall be subject to the following:

1.

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only;

2.

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on-site or within an enclosed building; and

3.

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage, except as stored in designated trash collection containers and enclosures.

J.

Limitation on Additional Development. No new principal use, building, or structure shall be developed on any lot containing a nonconforming use or a building or structure nonconforming due to use and/or standards unless the following conditions prevail:

1.

That each existing and proposed principal use, building or structure, including any appurtenant structures, improvements and open space, will be located on a lot having the required area as provided in Section 22.110.130 (Required Area and Width), Section 22.110.140 (Required Area or Width for Specific Circumstances), and Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots);

2.

That such lot can be divided into smaller lots each of which when considered as a separate lot will contain not less than the required area; and

3.

That each such lot so divided into smaller lots will comply with the requirements of this Title 22 as to the number and location of structures, including the provisions pertaining to the maximum density in Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols).

K.

Conversion of nonconforming hotels, motels, and youth hostels to transitional housing or shelters shall be permitted, subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent).

L.

The provisions of this Section shall not be construed to extend the termination date of such nonconforming uses, buildings, and structures.

M.

Notwithstanding the other provisions of this Chapter 22.172, an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be developed on a lot containing a single-family or multi-family residence nonconforming due to use and/or standards so long as a residential use is permitted or conditionally permitted in the zone in which the single-family or multi-family residence is located.

(Ord. 2025-0029 § 9, 2025; Ord. 2024-0028 § 23, 2024; Ord. 2021-0017 § 31, 2021; Ord. 2021-0010 § 39, 2021; Ord. 2019-0020 § 20, 2019; Ord. 2019-0004 § 1, 2019.)

Any publicly owned nonconforming use or building or structure nonconforming due to use and/or standards, including but not limited to, schools, colleges, parks, libraries, fire stations, Sheriff stations and other public sites, may be added to, extended, or altered if such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this Title 22 pertaining to nonconforming due to use and/or standards shall be construed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

Any building or structure of a public utility made nonconforming by the provisions of this Title 22, including equipment or other facilities necessary for operating purposes; but excluding offices, service centers, or yards; may be added to, extended, or altered, provided, there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this Title 22 pertaining to nonconforming uses or buildings and structures nonconforming due to use or standards shall be construed to require the termination, discontinuance, or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

The following regulations shall apply to all nonconforming uses and buildings and structures nonconforming due to use, and to buildings and structures nonconforming due to standards as specified in this Section.

A.

Termination by Discontinuance. Discontinuance of a nonconforming use or of the use of a building or structure nonconforming due to use and/or standards as indicated herein shall immediately terminate the right to operate or use such nonconforming use, building or structure, except when extended as otherwise provided in this Title 22:

1.

Changing a nonconforming use to a conforming use;

Removal of a building or structure nonconforming due to use or standards;

3.

Discontinuance of a nonconforming use or use of a building or structure nonconforming due to use for a consecutive period of two or more years;

4.

Discontinuance of the use of a building or structure nonconforming due to standards, in those cases where such building or structure is subject to termination by operation of law as specified in Subsection B.2, below, for a consecutive period of two or more years.

B.

Termination by Operation of Law. Nonconforming uses and buildings or structures nonconforming due to use, and those buildings or structures nonconforming due to standards enumerated in this Section, shall be discontinued and removed from their sites within the time specified in this Section, except when extended or revoked as otherwise provided in this Title 22:

1.

In the case of nonconforming uses and buildings or structures nonconforming due to use:

a.

Where the property is unimproved, one year;

b.

Where the property is unimproved except for buildings or structures of a type for which Title 26 (Building Code) of the County Code does not require a building permit, three years;

c.

Where the property is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, or where such buildings or structures have a total market value of $500 or less as reflected by the current assessment roll, three years;

d.

Outdoor advertising signs and structures, five years;

e.

Where a nonconforming use is carried on in a conforming structure, five years except where the provisions of Subsection C, below, or as otherwise provided in this Title 22, apply;

f.

In other cases, 20 years from the effective date or operative date where later of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by Title 26 (Building Code) of the County Code, will be as follows:

i.

Type IV and Type V buildings used as:

(1)

Three-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years;

(2)

Stores and factories, 25 years;

(3)

Any other building not herein enumerated, 25 years;

ii.

Type III buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 40 years;

(2)

Structures with stores below and residences, offices or a hotel above, 40 years;

(3)

Warehouses, stores and garages, 40 years;

(4)

Factories and industrial buildings, 40 years;

iii.

Type I and Type II buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 50 years;

(2)

Theaters, warehouses, stores and garages, 50 years;

(3)

Factories and industrial buildings, 50 years;

2.

In the case of buildings or structures nonconforming due to standards, signs as follows:

a.

Signs as prohibited by Section 22.114.040 (Prohibited Signs Designated), 90 days;

b.

All other signs and sign structures except outdoor advertising signs, 10 years.

3.

Green Zone. Notwithstanding any other provisions in this Subsection B, nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) shall be subject to the following time limits, with no request to further extend the time to continue such uses:

a.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit contains a grant term, the use may continue until the end of the grant term, and, at the end of the grant term, the use shall be terminated;

b.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit does not contain a grant term, the use shall be terminated on July 14, 2042; or

c.

For all other legally-established uses, the use shall be terminated on July 14, 2029.

C.

Exception. The termination periods enumerated in this Section shall not apply to one-family and two-family dwellings, accessory dwelling units, or junior accessory dwelling units.

(Ord. 2024-0028 § 24, 2024; Ord. 2023-0060 § 16, 2023; Ord. 2022-0023 § 40, 2022; Ord. 2021-0018 § 19, 2021; Ord. 2020-0059 § 13, 2020; Ord. 2019-0020 § 21, 2019; Ord. 2019-0004 § 1, 2019.)

22.172.060 - Review of Amortization Schedule or Substitution of Use.

A.

Applicability.

An application may be filed with the Director:

a.

Requesting extension of the time within which a nonconforming use or building or structure nonconforming due to use, or due to standards where applicable, must be discontinued and removed from its site as specified in Section 22.172.050.B (Termination by Operation of Law) or Section 22.246.010.D.2 (Considered Nonconforming Use When),

b.

Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a building or structure is vacant despite efforts to ensure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located, or

c.

Requesting repairs of one-family and two-family dwellings in excess of those provided for in Section 22.172.020.G (Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use and/or Standards).

2.

The Director may accept such filing either before or after the date of expiration of such nonconforming use, building or structure.

3.

Exception. This Section shall not apply to nonconforming uses or buildings or structures nonconforming due to use or standards, pursuant to Chapter 22.84 (Green Zone).

B.

Application Review and Procedure.

1.

Application Checklist. The application submittal shall contain all of the materials required by the Nonconforming Uses, Buildings and Structures Review Checklist.

2.

Review and Procedures.

a.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

b.

Exception. In the instance where final action was taken to deny a nonconforming use, building or structure review prior to amendment of the facts required for approval adopted by this Chapter 22.172, effective December 26, 1980, the one-year restriction on reapplication shall not apply.

C.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection C.2, below.

Findings.

a.

To require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

b.

Such use, building or structure does not now and will not during the extension period requested:

i.

Adversely affect the health, peace or welfare of persons residing or working in the surrounding area, or

ii.

Be materially detrimental to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or

iii.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

D.

Conditions of Approval. The Commission or Hearing Officer, in approving an application, may impose conditions deemed necessary to ensure that the approval will be in accordance with the findings required. Conditions imposed by the Commission or Hearing Officer may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses, buildings, or structures requested including, but not limited to, those specified in Section 22.158.060 (Conditions of Approval).

(Ord. 2024-0028 § 25, 2024; Ord. 2022-0023 § 41, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.174 - OAK TREE PERMITS

A.

Application Checklist. The application submittal shall contain all of the materials required by the Minor Parking Deviation Checklist.

B.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Prior to taking action, the Director shall provide notice of application in compliance with:

a.

Section 22.222.170 (Sign Posting); and

b.

Section 22.222.130 (Notice of Application), except where modified:

i.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

ii.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

c.

Notice shall be mailed in compliance with Section 22.222.160.A (Notification Radius).

(Ord. 2022-0008 § 109, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.120 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The use, development of land, and application of development standards comply with all applicable provisions of this Title 22.

2.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, are so arranged as to:

a.

Avoid traffic congestion;

b.

Provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities;

c.

Insure the protection of public health, safety, and general welfare;

d.

Prevent adverse effects on neighboring property; and

e.

Be in conformity with good zoning practice.

3.

The use, development of land, and application of development standards are suitable from the standpoint of functional developmental design.

C.

Additional Findings.

1.

If applicable, the use and development of land provides well-designed bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Bicycle Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2022-0008 § 110, 2022; Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

22.176.050 - Effective Date of Decision and Appeals.

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

22.176.060 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.178 - PARKING PERMITS

22.178.010 - Purpose.

A.

The Parking Permit is established to provide an alternative to the parking requirements of Chapter 22.112 (Parking) in the event that a particular use does not have the need for such requirements.

B.

It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses including:

1.

Certain uses where parking requirements are based upon floor area of a structure, but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted.

2.

Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile.

C.

It is the intent to conserve land and promote efficient land use by allowing:

1.

The dual or shared use of parking facilities by two or more uses.

2.

Tandem parking for nonresidential uses.

Designated spaces for car share or other mobility services, such as bicycle or scooter share.

D.

It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing:

1.

Off-site parking facilities.

2.

The short-term or long-term leasing of required parking spaces.

3.

Transitional parking for lots with rear lot lines abutting Commercial or Industrial Zones.

(Ord. 2024-0036 § 15, 2024; Ord. 2019-0053 § 27, 2019; Ord. 2019-0004 § 1, 2019.)

22.178.020 - Definitions.

(Reserved)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Parking Permit Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Parking Permit, all regulations prescribed in Chapter 22.112 (Parking) shall apply.

(Ord. 2019-0004 § 1, 2019.)

22.178.050 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

There is no need for the number of vehicle parking spaces required by Chapter 22.112 (Parking) because of any of the following:

a.

The nature of the use is such that there is a reduced occupancy;

b.

The business or use has established a viable transportation program for its employees or customers to use transportation modes other than the single-occupant automobile. Such a program shall include positive incentives, such as van pools, transit fare subsidies, commuter travel allowances, car pools, or bicycle commuter facilities. Where appropriate, proximity to freeways with high-occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people-movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration;

c.

Sufficient land area is reserved or an alternative arrangement is approved to ensure that the parking requirements may be complied with should the use, occupancy, or transportation program change. If land area is reserved, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking, if needed; or

d.

The reduction in the number of vehicle parking spaces will be offset by the provision of bicycle parking spaces, at a minimum ratio of two bicycle spaces for every one vehicle parking space above the minimum number of bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities).

2.

There are no conflicts arising from special parking arrangements allowing shared vehicle parking facilities, tandem spaces, or vehicle share spaces because:

a.

Uses sharing parking facilities operate at different times of the day or days of the week;

b.

Parking facilities using tandem spaces will employ valets or will utilize other means to ensure a workable plan; or

c.

Parking facilities, including car share or other vehicle share spaces, will maintain an arrangement with a service provider offering rental vehicles accessible to the public.

3.

Off-site facilities, leases of less than 20 years, rear lot transitional parking lots, and uncovered residential vehicle parking spaces will provide the required parking for uses because:

a.

Such off-site facilities are controlled through ownership, leasing, or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use;

b.

Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces; or

c.

Such transitional lots are designed to minimize adverse effects on surrounding properties.

4.

The requested Parking Permit at the location proposed will not result in traffic congestion, excessive offsite parking, or unauthorized use of parking facilities developed to serve surrounding property.

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping, and other development features prescribed in this Title 22.

(Ord. 2024-0036 § 16, 2024; Ord. 2019-0053 § 28, 2019; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed in order to ensure that the approval will be in accordance with the findings required by Section 22.178.050 (Findings and Decision). Such conditions may include those in Section 22.158.060 (Conditions of Approval) and, in addition, the following conditions shall be imposed for vehicle parking, where applicable, unless specifically waived or modified:

A.

Where reduced occupancy is a primary consideration in the approval of a Parking Permit, the maximum occupant load for such use shall be established.

B.

Where special programs are proposed to reduce the parking requirement, they shall be reviewed annually to determine their effectiveness. In the event that such programs are terminated or unsuccessful, the property owner shall supply the required parking.

C.

The required vehicle parking spaces for all uses may be reduced to not less than 50 percent of the parking spaces required by Chapter 22.112 (Parking).

D.

Where land is required to be reserved to ensure that sufficient area is available to meet the vehicle parking requirements, restrictions shall be imposed on such land so that it can feasibly be converted to parking, if needed.

E.

Where shared parking facilities are approved, operating conditions, such as hours or days of operation, shall be established for each use sharing the facility.

F.

Where tandem parking is proposed for nonresidential uses, there shall be valets or other persons employed to assist in the parking of automobiles. The ratio of valets to parking spaces shall be established. The parking of automobiles by valets on public streets shall be prohibited. Each tandem parking space shall be eight feet wide; the length of the space shall be 18 feet for each automobile parked in tandem. Parking bays shall contain only two parking spaces where access is available from only one end. Bays of four parking spaces may be permitted where access is available from both ends.

G.

Where car share or other vehicle share spaces are proposed, there shall be an arrangement with a service provider demonstrating how the rental vehicles will be accessible to the public.

H.

If off-site parking facilities are proposed for nonresidential development, such facilities must be within 400 feet from any entrance of the use to which they are accessory. Parking for employees shall be located within 1,320 feet from the entrance to such use. Directions to such facilities shall be clearly posted at the principal use.

I.

Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole use, the lease shall be recorded with the Registrar-Recorder/County Clerk, and the applicant shall demonstrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated. Except for the term of the lease, the provisions of Subsection B (Alternative Compliance) of Section 22.112.050 relating to leases shall apply. A copy of such lease shall be submitted to the Director and County Counsel for review and approval. Other

conditions including, but not limited to, requiring title reports, covenants, and bonding may also be imposed where necessary to ensure the continued availability of leased parking spaces.

J.

Where transitional parking is proposed for lots whose rear lot line adjoins or is separated only by an alley from a Commercial or Industrial Zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Chapter 22.112 (Parking) and Section 22.140.440 (Parking as a Transitional Use), unless specifically waived or modified by the Parking Permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed.

K.

In the event that any applicant or property owner is unable to comply with the provisions of the Parking Permit, the use for which permit has been granted shall be terminated, reduced, or removed, unless some other alternative method to provide the required parking is approved by the Director.

L.

The Parking Permit shall be granted for a specified term where deemed appropriate.

(Ord. 2024-0036 § 17, 2024; Ord. 2019-0053 § 29, 2019; Ord. 2019-0004 § 1, 2019.)

22.178.070 - Termination on Cessation of Use or Occupancy.

An approved Parking Permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates.

(Ord. 2019-0004 § 1, 2019.)

22.178.080 - Agreement to Develop Following Termination of Approved Use.

A.

In addition to the covenant required by Chapter 22.222.260 (Performance Guarantee and Covenant), the covenant shall include that should such Parking Permit terminate, the owner or his successor in interest will develop the parking spaces needed to bring the new use or occupancy into conformance with the requirements of Chapter 22.112 (Parking) at the time such new use or occupancy is established.

B.

Where a Parking Permit is approved for off-site parking, the agreement shall be recorded on both the lot containing the principal use as well as the lot developed for off-site parking.

C.

All agreements shall be reviewed and approved by the Director and County Counsel prior to recordation.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.180 - PLAN AMENDMENTS