Chapter 19.56 — PARKING USE PERMITS

This chapter provides a process for the discretionary review of proposed parking facilities that are not located on the same site as the land uses they serve, to ensure compliance with basic health, safety, and community welfare standards, while providing opportunities for suitable alternatives to on-site parking.

(Ord. 01-594 § 2, 2001)

A parking use permit shall be required to authorize:

• A. The use of off-site parking facilities to satisfy the parking requirements for a proposed use established by Chapter 19.28 (Off-Street Parking and Loading Standards);

• B. A commercial parking facility serving the general public which charges a parking fee;

• C. The sharing of parking facilities by adjacent or nearby uses on parcels under separate ownership; and

• D. The use of excess parking (parking spaces on a site that are in excess of the number required by this Zoning Ordinance for the uses on the site) by off-site uses or activities, or as commercial parking.

• (Ord. 01-594 § 2, 2001)

• A. Community Development Director - Minor Parking Use Permits. The Community Development Director shall be the review authority for parking use permits:

  1. Where the use associated with the proposed parking requires Community Development Director review and decision in compliance with Article 19-2 (Zoning Districts and Allowable Land Uses); and

  2. Where an applicant proposes to make excess parking spaces available to others.

• B. Planning Commission – Major Parking Use Permits. The Planning Commission shall be the review authority for parking use permits where the use associated with the proposed parking requires Planning Commission review and decision in compliance with Article 19-2 (Zoning Districts and Allowable Land Uses).

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 188, 2019; Ord. 24-16, 6/24/2024)

• A. Application Preparation and Filing. An application for a parking use permit shall be prepared, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.56.050 (Findings and Decision), below.

• B. Notice. Public notice of a requested parking use permit shall be provided by posting both

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City of West Hollywood, CA § 19.56.040

ZONING ORDINANCE

§ 19.56.060

the location of the proposed parking, and the site of the use that will use the parking. The posted notice shall be a minimum of 11" by 17", shall contain the information required by the Community Development Director, and information on any other permit that is simultaneously being processed by the city for the same site. The notice shall be continuously posted for seven days before the Community Development Director's action. Posting is required in a clearly visible location on each street frontage. In the case of a major parking use permit for a project that requires Planning Commission approval of a separate discretionary permit, the posted notice, mailed notice and the required newspaper notice, shall be combined with that required by this article for the discretionary permit. A mailed notice to properties around the off-site parking location is required.

• C. Public Hearing. A public hearing shall not be required before the approval of minor or major parking use permits. Major parking use permits for projects that require Planning Commission approval of a separate discretionary permit that requires a public hearing shall be considered by the Planning Commission concurrently with the discretionary permit.

• (Ord. 01-594 § 2, 2001; Ord. 02-643 § 45, 2002; Ord. 19-1058 § 189, 2019; Ord. 24-16, 6/24/ 2024)

The review authority may approve or modify a parking use permit application in whole or in part, with or without conditions, only after first finding that:

• A. The proposed off-site parking is allowed within the applicable zoning district and complies with the intent of all of the applicable provisions of this Zoning Ordinance;

• B. The proposed off-site parking spaces would be consistent with the objectives, policies, general land uses, and programs of the General Plan; and

• C. In the case of a proposed use of excess parking, the number of excess spaces is validated, the spaces are not likely to be needed by the primary use of the site, and the use of the excess spaces by others will not adversely affect nearby residents or properties.

• (Ord. 01-594 § 2, 2001)

In approving a parking use permit, the review authority may impose reasonable and necessary specific developmental, locational, and operational conditions relating to both on- and off-site improvements, and facility operation, which are intended to ensure that:

• A. Access to the site is adequate to accommodate the proposed off-site parking and the traffic that the facility would reasonably generate;

• B. The design, location, size, and operating characteristics of the proposed off-site parking are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

• C. The establishment, maintenance, or operation of the proposed parking at the location proposed does not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed parking lot or structure;

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 19.56.060

§ 19.56.090

• D. Where the off-site parking spaces are new, and in close proximity to residential uses, and especially bedroom windows, they are designed and operated to comply with the city's noise requirements in Section 19.20.090 (Noise Mitigation); and

• E. Any proposed valet parking use will not generate excessive traffic on surrounding public streets and shall not utilize any residential street.

• (Ord. 01-594 § 2, 2001)

Design, location, and operating standards for off-site parking facilities are provided in Section 19.28.120 (Off-Site Parking Standards).

(Ord. 01-594 § 2, 2001)

• A. Guarantee of Continued Availability. Required parking spaces that are approved off-site shall be committed by a lease, bond, or other agreement, acceptable to the City Attorney, between the owners, and if applicable, the lessees of the off-site parking spaces and the owners, and if applicable, the lessees of the subject site, with the provisions reflecting the conditions of approval and the approved off-site parking plan.

• B. Proof of Availability. Lessees of off-site parking that provides required spaces shall provide proof to the Community Development Director of continuous leases for the off-site spaces annually by January 31.

• C. Loss of Off-Site Spaces.

  1. Notification to the City. The owner or operator of a business that uses approved offsite spaces to satisfy the requirements of Chapter 19.28 (Off-Street Parking and Loading Standards) shall immediately notify the Community Development Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.

  2. Effect of Termination of Agreement. Upon notification that a lease for required offsite parking has terminated, the Community Development Director shall determine a reasonable time in which one of the following shall occur:

     • a. Substitute parking is leased that is acceptable to the Community Development Director;

     • b. An in-lieu parking fee is paid in compliance with Section 19.28.080 (In-lieu parking fee); or

     • c. The size or capacity of the use is reduced in proportion to the parking spaces lost.

• D. Parking Fee Reimbursement. The business operator may be required to reimburse patrons for the total cost of the parking fee for the use of a shared parking facility. The amount of the reimbursement shall be determined by the review authority at the time a parking use permit is approved.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 190, 191, 2019; Ord. 24-16, 6/24/2024)

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City of West Hollywood, CA § 19.56.090

ZONING ORDINANCE

§ 19.56.090

• A. The approval or denial of a parking use permit may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of a parking use permit, except as follows:

  1. Expiration and Extension. To ensure continued compliance with the provisions of this chapter, each approved parking use permit shall expire one year from effective date of approval, unless otherwise specified in the permit, if the use has not been established. Time extensions may be granted in compliance with Chapter 19.62.

  2. Revocation. A parking use permit may be revoked or modified, with only a 24-hour notice, in compliance with Section 19.80.060 (Revocations and Modifications).

• B. Voluntary relinquishment of an existing parking use permit for the purpose of participating in the Parking Credits Program shall require a minor change to an approved project pursuant to Section 19.62.070. Upon application and payment of a permit modification fee, the Community Development Director may authorize the relinquishment of an existing parking use permit upon finding that the business is meeting its parking requirements by participating in the Parking Credits Program. The required parking credits contract shall be executed prior to the relinquishment of the parking use permit.

• (Ord. 01-594 § 2, 2001; Ord. 12-885 § 9, 2012; Ord. 19-1058 § 192, 2019; Ord. 24-16, 6/24/ 2024)

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City of West Hollywood, CA