§ 30.80.150. Off-Site Parking Permit.

A.

An applicant may request approval to provide the required parking for a non-residential use or activity on a separate site than the location of the use or activity itself subject to approval of an Off-Site Parking Permit.

1.

An application for an Off-Site Parking Permit may be submitted for any non-residential use allowed within the applicable zone.

2.

Off-Site Parking shall be located only within the Central Commercial, Professional Commercial, North Commercial Visitor Commercial or Beach Commercial Zone.

B.

The decision on an application for an Off-Site Parking Permit shall be made by the City Council.

C.

In reviewing an application for an Off-Site Parking Permit, the City Council shall apply the following conditions of approval:

1.

The location of all required parking shall be within a 500-foot walking distance measured from the nearest point of the parking facility to the nearest point of the building that such parking is required to serve.

2.

Signage notifying the public of the location of the use and of the location of the Off-Site Parking shall be provided at each property subject to the Off-Site Parking Permit.

a.

The required content of the signage shall be as follows:

i.

A sign one square foot in size shall be conspicuously posted at the site of the use stating that Off-Site Parking Spaces are available for use by patrons and employees of the use and shall identify the location of the Off-Site Parking Spaces; and

ii.

A sign one square foot in area shall be posted at each Off-Site Parking Space stating the space is available for use by patrons and employees of the use for which the Off-Site Parking has been authorized.

b.

Notwithstanding anything to the contrary in the DMMC, the signs required in this Section shall not be included in the calculation of the maximum amount of signage allowed for a property or use.

3.

The owner of the property containing the Off-Site Parking and the owner of the business to be served by the Off-Site Parking shall file with the City a signed agreement, prepared in a form for recordation with the San Diego County Recorder, and containing at a minimum the following terms:

a.

That the agreement shall be to lease the Off-Site Parking Spaces pursuant to an approved Off-Site Parking Permit obtained in accordance with DMMC Section 30.80.150;

b.

That the lease term for the Off-Site Parking Spaces shall coincide with the maximum term of the business owner's lease and shall automatically be renewed with any extension of the business owner's lease;

c.

That the owner of the property containing the Off-Site Parking Spaces shall be required to maintain the Off-Site Parking Spaces subject to the terms of the approved Off-Site Parking Permit;

d.

That the conditions and terms of the Off-Site Parking Permit shall be binding upon the successors in interest of all parties subject to the Permit and lease agreement; and

e.

That the agreement is a covenant running with the land and shall be recorded with the San Diego County Recorder.

4.

An Off-Site Parking Permit shall be recorded as a covenant against the deed for the property on which the Off-Site Parking is to be located. The purpose of the covenant shall be to memorialize the terms and conditions of the Off-Site Parking Permit to inform subsequent property owners and business operators of the restrictions on use and parking that apply.

5.

On an annual basis in conjunction with renewal of the Business License, the benefitted owner of the business with Off-Site Parking shall provide evidence to the satisfaction of the Director of Planning and Community Development that the lease agreement is still valid in compliance with the Off-Site Parking Permit or that one of the following actions has occurred:

a.

That a separate Off-Site Parking Permit has been obtained to satisfy the required off-street parking for that business; or

b.

The Off-Site Parking Permit is no longer necessary, in which case the permit holder shall record a cancellation of the Off-Site Parking Permit with the San Diego County Recorder for all properties as applicable.

(Ord. No. 821; Ord. No. 924 , § 15, 12-5-2016)