Chapter 24.510 — PARKING APPROVAL PROCEDURE

Sections:

• 24.510.010 Chapter Description.

• 24.510.020 Parking Approvals. 24.510.030 Coastal Permits Also Required. 24.510.040 Applicability of Parking Approvals.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• 24.510.050 Initiation.

• 24.510.060 Notice and Hearing.

• 24.510.070 Required Findings.

• 24.510.080 Conditions of Approval.

• 24.510.090 Action by Decision-Making Authority.

• 24.510.100 Appeals.

• 24.510.110 Written Acknowledgment Required.

• 24.510.120 Expiration.

• 24.510.130 Failure to Comply With Conditions.

• 24.510.140 Permit Amendment.

Chapter 24.510 establishes the parking approval procedure. This chapter provides the procedure for review and decisions regarding parking approvals. Parking approvals are required for certain land uses in the area of the city within the boundaries of the Downtown Parking Overlay Zone established pursuant to chapter 24.445, and as amended from time to time, before such land uses can be found to be in conformance with the off-street parking requirements of this zoning ordinance without providing parking spaces directly on the subject site. The provisions of this chapter shall apply and be deemed enacted and effective as of July 4, 1985. (Code 1971, § 15.810.010)

Parking approvals are discretionary permits subject to approval as provided in this chapter which, when granted, authorize alternative arrangements through any of the means listed in section 24.445.060 to provide required offstreet parking in the Downtown Area in instances where it is not practicable to provide all such required off-street parking spaces on the subject site. The director may act as the decision-making authority to review and consider applications for parking approvals in accordance with this chapter, provided that, for any project that requires a discretionary permit or other approval from the planning commission in addition to a parking approval, the application for a parking approval shall be reviewed and considered by the planning commission. (Code 1971, § 15.810.020)

Applications for all parking approvals within the Coastal Zone shall be subject to the provisions of chapter 24.515 in addition to the provisions of this chapter. (Code 1971, § 15.810.030)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Parking approvals are required for any of the circumstances set forth in section 24.445.020 related to sites located in the Downtown Area. parking approvals may not be issued for any uses outside the boundaries of the Downtown Area. (Code 1971, § 15.810.040)

A request for a parking approval may be initiated by the planning commission or city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.810.050)

All applications for parking approvals, and all proposals to revoke or reevaluate any such parking approvals, shall be acted upon by the decision-making authority following a public hearing scheduled and noticed as required by chapter 24.560. (Code 1971, § 15.810.060)

Before the decision-making authority may grant a parking approval, it must make all of the following findings:

1. The proposed project conforms to the comprehensive plan and the purposes and requirements of this zoning ordinance;

2. The proposed project is or will be adequately served by off-street parking, in accordance with chapter 24.415, to accommodate the needs of the proposed project; and

3. The method of providing adequate off-street parking will not adversely impracticable to provide all such required off-street parking spaces on the subject site. The director may act as the decision-making authority to review and consider applications for parking approvals in accordance with this chapter, provided that, for any project that requires a discretionary permit or other approval from the planning commission in addition to a parking approval, the application for a parking approval shall be reviewed and considered se inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

4. Referral of Parking Approvals. The director may refer any application for a parking approval, with or without recommendation, to the planning commission.

5. Referral for Changes. If the planning commission or city council determines that it would approve an application for a parking approval but for slight changes in the proposed project, it may refer the application back

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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to the director for resolving such changes with the applicant before it again reviews and considers the parking approval application.

6. Effect of Denial. A parking approval application that is denied may not be refiled within one year after the date of denial if the refiled application is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project or the laws or regulations applicable to the proposed project. All parking approval applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.810.070)

The decision-making authority, in approving an application for a parking approval, may impose such conditions that it deems necessary or desirable to insure that the use authority by such parking approval will be established, operated, and maintained in accordance with the findings required by section 24.510.070 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation of maintenance of the proposed use. (Code 1971, § 15.810.080)

A. Granting a Parking Approval. The decision-making authority may grant a parking approval and impose such conditions pursuant to section 24.510.080 in connection with the approval of the parking approval as it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a parking approval for a period specified by the decision-making authority.

C. Denial of a Parking Approval. The decision-making authority may deny an application for a parking approval upon finding that the proposed parking approval, or any component thereof, does not, or may not, comply with the requirements of this chapter or chapter 24.415, or that any of the findings required by section 24.510.070 cannot be made, or that the proposed parking approval is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral of Parking Approvals. The director may refer any application for a parking approval, with or without recommendation, to the planning commission.

E. Referral for Changes. If the planning commission or city council determines that it would approve an application for a parking approval but for slight changes in the proposed project, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the parking approval application.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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F. Effect of Denial. A parking approval application that is denied may not be refiled within one year after the date of denial if the refiled application is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project or the laws or regulations applicable to the proposed project. All parking approval applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.810.090)

A. Appeal to Planning Commission. A decision by the director regarding a parking approval may be appealed to the planning commission as provided by chapter 24.565.

B. Appeal to City Council. A decision by the planning commission regarding parking approval may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.810.100)

Within the time period specified in the conditions of approval of the parking approval, the applicant shall file with the director a written acknowledgment of the terms and conditions of the parking approval. (Code 1971, § 15.810.110)

A parking approval shall expire by operation of law without any further action by the decision-making authority if the use authorized by such parking approval is not commenced or construction necessary and incident thereto is not begun, or diligently pursued, on or before the time limit specified in the conditions of approval of such parking approval and thereafter diligently advanced, or if no time is specified, on or before one year after the date such parking approval was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit, for a good cause, before its expiration, pursuant to section 24.510.140. (Code 1971, § 15.810.120)

Failure to comply with any terms or conditions of an approved parking approval is a violation of the zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. A parking approval may be revoked, or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.810.130)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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An amendment to a parking approval shall be required as provided by chapter 24.570 to:

1. Expand the scope of the project covered by the parking approval in a manner that would require an increase in the number of required off-street parking spaces; or

2. Change the terms or conditions of the parking approval. (Code 1971, § 15.810.140)