San Mateo Municipal Code Ch. 17.30 Valet Parking

Words and phrases used in this title have the following definitions:"CPID Area" means the area within the Central Parking Improvement District established by the City Council."Primarily responsible person" is the person designated on the application for a valet parking permit."Valet parking operator" is the company that is providing the valet service."Valet service" means a service that uses an attendant to park motor vehicles."Valet station" means location where valet service customers drop off and pick up their vehicles.

No person or entity shall solicit or engage in the storage or parking of any motor vehicle by valet services unless it first shall have obtained a valid valet parking permit. This chapter shall not apply to any business or place of assembly that provides such parking solely on its premises and does not use the public streets or parking garages for pick-up, drop-off, or parking of vehicles. Valet parking shall not be permitted outside the CPID Area.

(a) Fixed Location Valet Parking Permit. A fixed location valet parking permit is required for any valet parking operator who provides valet parking services at a restaurant or other place of assembly that utilizes valet parking services on a daily or other regularly scheduled basis, or provides valet parking three times or more within one year.

(b) Special Event Valet Parking Permit. A special event valet parking permit is required for any valet parking operator who provides valet parking services fewer than three times within one year.

Any person desiring a fixed location valet parking permit or a special event valet parking permit shall file an application with the Department of Public Works on an application form provided by the Department. The following information shall be provided:

(a) Name, address and telephone number of corporation, partnership, sole proprietorship, person or other business entity applying for permit and all persons driving or having access to the vehicles.

(b) History, with address of operating location of valet services provided by applicant or applicant's operator/agent within the previous five years, including identification of valet permits issued, revoked or suspended.

(c) Identification of a primarily responsible person for operation of the valet service, including that person's driver's license number and social security number and any history of valet service operation.

(d) Identification of address location where valet services are to be provided and the name of any business or event associated therewith including a site plan depicting all on-site parking and the precise location of the valet station.

(e) Identification of all parking spaces, whether on private property or to be leased from public parking facilities to be used by the valet service, and a traffic flow plan to and from the valet station to the parking spaces.

(f) A description of the valet station, including its method of operation, and of the uniforms, if any, to be worn by the station operators.

(g) The application shall include a signed waiver and release authorizing the City to seek information and criminal background history and to conduct an investigation into the truth of statements made on the application. The waiver shall be signed by the applicant and the primarily responsible person.

At such time as all information required has been provided, the application shall be deemed complete. Once the application is complete, copies of it shall be sent to the Police Department and the Public Works Department and the Downtown San Mateo Association's Parking Committee for review. Those organizations shall have 45 days to review the application and provide written comment. Notice of the review shall be given in accord with Section 17.30.045. The City Manager or designee shall consider the comments from the reviewing groups and other comments by interested persons at the review and determine on whether to issue or deny the permit application. All permits issued under this section shall be for a one-year period. It is the responsibility of the valet operator or primarily responsible person to apply for the valet permit at least 90 days before an existing permit expires for continuous service. Once the permit expires, the valet permit is no longer valid and on-street service is no longer allowed. The City Manager or designee shall approve the application for a fixed location valet parking permit if it finds all of the following to exist:

(a) The background and valet service history are such that the proposed operation will not be a health and safety risk to the public.

(b) The number of proposed parking spaces to be utilized is sufficient to ensure that the valet parking operation will not unduly affect the availability of on-street parking spaces or spaces within City parking garages not agreed to by the City.

(c) The proposed traffic flow and location of the valet station, particularly in relation to other nearby valet station locations, will not create undue traffic congestion in the area proposed for the valet service.

(d) The proposed operation will not cause excessive noise, disturbance, fumes or other annoyance and is compatible with the surrounding property uses.

(e) The proposed operation is in compliance with all laws and any applicable policies of the City of San Mateo and the applicant has not made any false or misleading statements in connection with the application.

(f) The proposed operation will provide more parking or increased parking utilization of underutilized lots within the CPID Area.

(g) The proposed operation will not unduly limit access for persons who are disabled or physically challenged.

In addition to other notice required by law for the permit review, a fixed location valet parking permit applicant shall mail notice at least 10 days before the hearing of the time and place of hearing to all property owners within a 300-foot radius of where the valet station is proposed within the CPID Area from a list of such owners provided by the City. The application shall not be reviewed unless verified proof of such mailing is before the City Manager or designee at the time of review date. The applicant shall pay fee as established in the City's fee schedule for notice preparation.

(a) Application. Application shall be made at least 20 days prior to the special event for which the permit is sought, provided that the time for application may be shortened if the permit need arises within 15 days of the event. At such time as all information required has been provided, the application shall be deemed complete. A special event valet parking permit shall not cover any valet operation for more than a total of five days within a period of 10 contiguous days. On the day the application is made, notification of the application shall be posted in a visible location at the site of the proposed valet service. The notice shall be made on a form provided by the City. The application shall not be deemed complete until proof of posting at the proposed location by the primarily responsible person, valet operator, or applicant has been filed with the City.

(b) Decision. A decision shall be made at least three days before the intended date of operation if a complete application is filed at least 20 days prior to the special event. If the application is filed less than 20 days prior to the special event, a decision shall be made as is reasonably possible and nothing herein shall be construed to prohibit the City Manager or designee from denying the permit if the City Manager or designee determines that inadequate review time is available. The City Manager, or designee, shall issue the special event valet parking permit after consultation with the Police Department if the City Manager finds all of the following to exist:

(1) The background and valet service history are such that the proposed operation will not be a health and safety risk to the public.

(2) The number of proposed parking spaces to be utilized is sufficient to ensure that the valet parking operation will not adversely affect the availability of on-street parking spaces or spaces within City parking garages not agreed to by the City.

(3) The proposed traffic flow and location of the valet station, particularly in relation to other nearby valet station locations, will not create undue traffic congestion in the area proposed for the valet service.

(4) The proposed operation will not cause excessive noise, disturbance, fumes or other annoyance and is compatible with the surrounding property uses.

(5) The proposed operation is in compliance with all laws and any applicable policies of the City of San Mateo and the applicant has not made any false or misleading statements in connection with the application.

(6) The proposed operation will provide more parking or increased parking utilization of underutilized lots within the CPID Area.

(7) The proposed operation will not unduly limit access for persons who are disabled or physically challenged.

All permittees and applicants shall comply with the following regulations:

(a) Prior to issuance of any valet parking permit, the applicant shall provide proof of insurance to the City Manager, or designee at the same levels and manner required for an encroachment permit except that the applicant shall also provide garage keepers legal liability insurance at the same level as required for general liability.

(b) Prior to issuance of any valet parking permit, the applicant shall show proof of having obtained a business tax certificate from the City for both the valet parking operation and any business it serves.

(c) Every permitted valet operation shall identify by placement in a conspicuous spot at the valet station, the price of valet services offered.

(d) Every employee or other person performing valet services shall be a valid licensed driver and wear a conspicuous badge or identification patch providing the person's full name and the name of the applicant or valet service in a form approved by the Chief of Police.

(e) Every valet parking permit holder shall maintain a continuously updated list of the name and residence addresses of its employees who perform valet parking. Such list shall be filed with the City Manager or designee and maintained at the business address listed on the permit application and shall be exhibited on demand of any peace officer. The permit holder shall file and maintain updated lists on a quarterly basis.

(f) It is unlawful for any employee who has been convicted within the previous five years of any offense involving violence, dishonesty, automobile theft, automobile vandalism, or driving under the influence of drugs or alcohol, to perform valet parking.

(g) Each valet parking permit application shall be accompanied by a permit application-processing fee in the amount adopted by City Council resolution.

(h) No street parking shall be utilized by any valet parking operation, except for space allowed by permit for a valet station and no parking spaces shall be utilized outside the CPID Area.

(i) The City Manager or designee may allow limited valet parking in all City garages during conditions when the permit holder's private lot is utilized to capacity.

(j) No valet parking permittee operating under this chapter may tow or authorize the towing of a vehicle from a private vehicle storage location used for valet parking unless the following conditions exist:

(1) Vehicles blocking access to other vehicles;

(2) Vehicles blocking lot access;

(3) Vehicles blocking fire lanes; or

(4) Vehicles blocking pedestrian access.

Under no circumstances shall a permittee be allowed to tow or authorize the towing of any vehicle from public property or right-of-way.

(k) Customers of all valet parking operations shall be provided a written receipt with the name of the service provider and a contact telephone number.

(l) Applicant shall pay a fee for the use of public parking spaces as valet stations and for parking valet vehicles on city property in the amount adopted by City Council resolution.

Ord. 2005-4 §§ 3, 4

(a) Any interested person may appeal a decision of the City Manager or designee regarding a fixed location valet parking application. Appeals filed more than 10 days after the decision is made shall not be deemed valid and will not be considered. No appeal shall be permitted from the decision of the City Manager or designee on a special event valet parking permit.

(b) All appeals shall be in writing and filed with the Public Works Commission secretary and shall be accompanied by the fee required under the City's Comprehensive Fee Schedule.

(c) Appeals shall be to the Public Works Commission and shall be scheduled for the next available Commission meeting. The appeal shall be de novo. The secretary shall mail written notice of the time and place of the hearing on appeal to the applicant and to the appellant, if different, to the Downtown San Mateo Association and to those persons required to be notified under Section 17.30.045.

(a) Any fixed location valet parking permit shall be subject to suspension or revocation by the City Manager or designee, for a violation of any provision of this chapter or for any matter that would have warranted denial of the permit. Prior to suspension, the permittee shall be entitled to a hearing before the City Manager or designee, provided that a suspension may occur by the City Manager or designee, without notice or hearing if the above finds that the valet service is a public nuisance or presents an immediate health and safety risk to the public. Appeals shall be to the Public Works Commission under the same terms as an appeal is permitted from a permit denial.

(b) Any special event valet parking permit shall be subject to suspension or revocation by the City Manager or designee for any violation of any provision of this chapter or for any matter that would have warranted denial of the permit. Prior to suspension, the permittee shall be entitled to a hearing before the City Manager or designee, provided that a suspension may occur by the City Manager or designee, without notice or hearing if he or she finds that the valet service is a public nuisance or presents a health and safety risk to the public. The City Manager or designee's decision shall be final.