Chapter 24.512 — PARKING DETERMINATION PROCEDURE

Sections:

• 24.512.010 Chapter Description.

• 24.512.020 Parking Determinations.

• 24.512.030 Applicability of Parking Determinations.

• 24.512.040 Initiation.

• 24.512.050 Notice and Hearing.

• 24.512.060 Required Findings.

• 24.512.070 Conditions of Approval.

• 24.512.080 Action by Decision-Making Authority.

• 24.512.090 Appeals.

• 24.512.100 Written Acknowledgment Required.

• 24.512.110 Expiration.

• 24.512.120 Failure to Comply With Conditions.

• 24.512.130 Permit Amendment.

Chapter 24.512 establishes the parking determination procedure. This chapter provides the procedure for review and decisions regarding parking determinations. Parking Determinations may be required for sites in the area of the city within the boundaries of Parking District No. 3, as established pursuant to Ordinance No. 1137 and as those boundaries may be amended from time to time. The provisions of this chapter shall apply and be deemed enacted and effective as of February 25, 1965. (Code 1971, § 15.812.010)

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

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Parking determinations are discretionary permits subject to approval by the planning commission which, when granted, authorize alternative arrangements to provide off-street parking spaces required by chapter 24.415 through use of parking spaces in the parking lots in Parking District No. 3. (Code 1971, § 15.812.020)

A parking determination is required for any project consisting of new non-residential development or any project consisting of enlargement, expansion, or intensification of non-residential uses located in Parking District No. 3 in any instance where it is not practicable to provide off-street parking spaces required by chapter 24.415 directly on the subject site. Parking determinations may not be issued for any uses outside the boundaries of Parking District No. 3. (Code 1971, § 15.812.030)

A request for a parking determination may be initiated by the planning commission or city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.812.040)

All applications for parking determinations and all proposals to revoke or reevaluate any such parking determinations, shall be acted upon by the decision-making authority following a public hearing scheduled and, noticed as required by chapter 24.560. (Code 1971, § 15.812.050)

Before the planning commission may grant a parking determination, it must make all of the following findings:

1. The proposed use conforms to the city’s comprehensive plan and the purposes and requirements of this zoning ordinance; and

2. There is adequate parking available in Parking District No. 3 lots to accommodate the proposed use during the hours of operation of the proposed use. (Code 1971, § 15.812.060)

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

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The planning commission, in approving an application for a parking determination, may impose such conditions that it deems necessary or desirable to insure that the use authorized by such parking determination will be established, operated, and maintained in accordance with the findings required by section 24.512.060 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The planning commission

may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the planning commission may involve any factors affecting the establishment, operation, or maintenance of the proposed use. (Code 1971, § 15.812.070)

A. Granting a Parking Determination. The planning commission may grant a parking determination and impose such conditions pursuant to section 24.512.070 in connection with the approval of the Parking determination as it deems necessary or desirable.

B. Continuances. The planning commission may continue consideration of an application for a parking determination for a period specified by the planning commission.

C. Denial of a Parking Determination. The planning commission may deny an application for a parking determination upon finding that the proposed parking determination, 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 24.512.060 cannot be made, or that the proposed Parking determination is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030.

D. Referral for Chances. If the planning commission or city council determines that it would approve an application for a parking determination 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 determination application.

E. Effect of Denial. A parking determination 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 determination applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.812.080)

A decision by the planning commission regarding a parking determination may be appealed to the city council as provided by chapter 24.565. (Code 1971, § 15.812.090)

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

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Within the time period specified in the conditions of approval of the parking determination, the applicant shall file with the director a written acknowledgment of the terms and conditions of the parking determination. (Code 1971, § 15.812.100)

A parking determination shall expire by operation of law without any further action by the decision-making authority if the use authorized by such parking determination 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 determination and thereafter diligently advanced, or if no time is specified, on or before one year after the date such parking determination 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 24.512.130. (Code 1971, § 15.812.110)

Failure to comply with any terms or conditions of an approved parking determination is a violation of this 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 determination may be revoked, or the conditions of its approval may be reevaluated, as provided by chapter 24.570. (Code 1971, § 15.812.120)

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

1. Expand the scope of the project covered by the parking determination 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 determination. (Code 1971, § 15.812.130)