The purpose of this Chapter is to establish a unified set of regulations, standards, and procedures pertaining to the provision of off-street parking spaces in a manner that preserves the community character and effectively addresses the peak parking needs of allowed uses. The intent is to offer a range of parking options that support multi-modal transit alternatives consistent with the City's Community Plan and Climate Action Plan, and to facilitate efficient use of parking in commercial zones in order to reduce the potential for adverse impacts on adjacent residential neighborhoods.

(Ord. No. 509; Ord. No. 722; Ord. No. 778; Ord. No. 815; Ord. No. 817; Ord. No. 821; Ord. No. 850; Ord. No. 856; Ord. No. 924, § 1, 12-5-2016)

A.

Unless otherwise permitted pursuant to the Del Mar Municipal Code, every person conducting a use on private property shall provide permanently maintained off-street parking spaces reserved for parking purposes only, with such off-street parking spaces designed and installed in the amount and in the manner required by this Chapter.

B.

Off-street parking spaces may be provided in a common area to meet the required parking for two or more uses located on the same site. Separate areas for the parking spaces corresponding to each use are not required. The use of common parking areas shall not modify the minimum parking requirements, which shall remain the sum of the required spaces of all uses computed separately, unless otherwise authorized pursuant to a Shared Parking Permit.

C.

When an existing use with a structural nonconformity per Section 30.76.030 does not meet the off-street parking requirement and is proposed to be enlarged, then additional off-street parking shall be provided for the proposed enlargement at the rate required by Section 30.80.030.

D.

Unless approved through a Conditional Use Permit (CUP) pursuant to Chapter 30.74, the parking of motor vehicles shall be without monetary charge when such parking is required pursuant to this Chapter. This Section shall not prohibit measures to limit the use of such parking to the owners, proprietors, employees, and customers for which the parking is required and provided. Any CUP authorized to allow a monetary charge for parking shall be subject to conditions and the findings for approval in Section 30.74.020 and shall only be allowed during times at least 30 minutes before or after the hours of operation for which the parking is required to ensure that the monetary charge will not result in adverse impacts to the availability of parking either in the public right-of-way or on other private properties in the vicinity.

E.

Accessible parking spaces shall be provided in accordance with Title 24 of the California Building Code and shall be designed to meet applicable State and Federal standards for accessibility. Section 30.80.085 provides a process for existing uses to bring existing parking into compliance in cases where no expansion of the existing use is proposed.

F.

Notwithstanding Section 30.80.020(C), within the Central Commercial Zone, no additional parking spaces shall be required for a change in commercial use to a retail sales, restaurant, or personal services use, including associated tenant improvements within an existing commercial building with non-conforming parking where the change in use and tenant improvements are consistent with the following:

1.

The commercial tenant space was existing as of January 1, 2020;

2.

All existing parking spaces that are currently relied upon by the commercial building tenants shall be maintained, unless and until a "Release of Covenant" is approved by the City and recorded with the County Recorder or other City authorization is granted. This limitation shall apply to any existing off-street parking spaces located on-site and any off-site parking spaces that are relied upon by the existing commercial development through an approved in-lieu parking space agreement and/or a recorded parking agreement;

3.

The proposed change in use may involve the combination of existing tenant spaces, however, no tenant space on the lot shall exceed a maximum size of 5,000 square feet in gross floor area;

4.

If a tenant space is proposed to be expanded, additional parking spaces must be provided for the area of expansion (includes indoor and outdoor use areas) at the rate set forth in Section 30.80.030;

5.

No more than three restaurants shall be permitted per lot, including existing restaurant tenants; and

6.

All changes in use must comply with the horizontal zoning requirements of the Central Commercial zone in Section 30.22.030.

7.

The provisions of Section 30.80.020(F) shall remain in effect until January 1, 2031. This Section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in Section 30.80.020(H). However, if not amended by January 1, 2031, then this section shall become inoperative on January 1, 2031. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the California Coastal Commission.

G.

A restaurant establishment is permitted to have one accessory food/beverage stand or cart on-site that is not subject to required parking provided that all of the following provisions are met:

1.

The stand/cart shall not exceed 100 square feet in area;

2.

The stand/cart shall be open to the air on all sides to the extent possible except where it would preclude compliance with the San Diego County Health Department requirements applicable to food and beverage carts;

3.

The parking exemption shall apply to a maximum of one accessory food/beverage stand or cart per lot;

4.

The location of the stand/cart shall not interfere with access to required off-street parking spaces; and

5.

A Design Review Permit is obtained in accordance with Section 23.08.030.

H.

In accordance with Land Use Plan (LUP) Policy IV-29 from the City's Local Coastal Program, an inventory of existing parking areas shall be used to develop and implement an overall Parking Management Program (PMP) that shall be revised periodically. The PMP shall be developed and implemented to strengthen and improve parking accessibility and availability in the City and to implement parking management and Transportation Demand Management (TDM) strategies to create a more balanced and efficient parking system that ensures access to the shoreline for a range of visitors and residents. The PMP shall include the following:

1.

Existing Conditions & Parking Inventory that covers, at a minimum, areas of the City within one-quarter mile of the shoreline, including the San Dieguito Lagoon riverfront, documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available on- and off-street parking within the City, and the City's existing parking code requirements and programs to manage parking.

a.

Identification of sites where commercial tenants with non-conforming parking have modified the use or implemented tenant improvements within an existing commercial building per Section 30.80.020(F) and the number of off-street parking spaces provided for the property.

b.

Identification of sites with new or expanded restaurants that have utilized the outdoor seating exemption per 30.80.030(c) "Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone" where the size of the outdoor seating area exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the restaurant.

2.

Parking Occupancy Analysis with a detailed description of occupancy (utilization) counts by both zone and type, parking rate in effect (if applicable), and by time of day and week, emphasizing summer months and including weekends. Data collection shall occur every two to three years at least three times per PMP update cycle, with the first collection taking place no later than 2024.

3.

Parking Demand Analysis of the parking space occupancy rates, existing City parking code requirements, peer city parking rates, and industry standard rates to determine the appropriateness of current minimum parking requirements for publicly available on- and off-street parking.

4.

Analysis of the results of the inventory and occupancy, including demand analyses that use best practices by peer cities and industry-wide standards as guidance. Recommendations shall be tailored to address the unique features of Del Mar's infrastructure, character, and geography.

5.

Recommendations that address whether parking programs and services should be adjusted in order to maximize access to the shoreline taking into consideration such factors as future development, environmental justice, biological resources, and reducing vehicle miles traveled, as well as alternatives to private automobile use.

6.

The PMP shall be completed no less often than every ten years, with the next report to be completed no later than January 1, 2030. The January 1, 2030 deadline may be extended for good cause by the Executive Director of the Coastal Commission.

(Ord. No. 924, § 2, 12-5-2016; Ord. No. 928, § 1, 6-19-2017; Ord. No. 997, § 2, 6-19-2021; Ord. No. 982, § 1, 12-13-2021; Ord. No. 999, § 3, 6-19-2023)

A.

The number of off-street parking spaces required for each use shall not be less than those set forth in this Section.

1.

The required off-street parking ratios are specified in Tables within Subsection B. for residential uses and Subsection C. for non-residential uses. References within the Parking Tables to "GFA" shall mean "gross floor area" and references to "sq. ft." shall mean "square feet".

2.

Where the required parking ratio is based on the gross floor area of a use, any areas devoted to parking shall be excluded from the calculation.

3.

When the calculation of required parking results in a fractional part of an automobile parking space, a remaining fraction of one-half space or more shall be construed as one space; and a remaining fraction of less than one-half space shall be disregarded.

B.

Residential Use Parking Requirements.

1.

The following Table identifies the required off-street parking for specified residential uses:

2.

In addition to the required off-street parking ratio specified in Subsection B.1., Multi-Family Dwelling Unit development shall comply with the following:

a.

Provide one guest parking space per every four dwelling units;

b.

Provide the guest parking spaces on the same parcel of land where the dwelling units are located;

c.

Identify the spaces as "Guest Parking"; and

d.

Prohibit the storage of recreational vehicles, boats, trailers, or similar oversized vehicles in guest parking spaces.

3.

The parking rate for any community care, residential care or senior care facility may alternatively be provided at the same parking rate required for an equivalent dwelling unit.

4.

The proposed remodel or enlargement of an existing dwelling unit with nonconforming garage parking is subject to Section 30.76.075.

C.

Non-Residential Use Parking Requirements.

1.

The following Table identifies the required off-street parking rate for specified non-residential uses that are grouped in the following general use categories: Commercial Services, Institutional, Office, Retail Sales, Vehicle and Vehicular Equipment Sales and Services, and Industrial.

2.

Bicycle spaces: In addition to the required number of standard off-street automobile parking spaces, proposed non-residential development shall comply with all of the following:

a.

Provide a minimum of two short-term bicycle parking spaces or five percent of the required automobile spaces, whichever is greater in permanently anchored bicycle racks within 200 feet of the visitor's entrance and readily visible from the public right-of-way.

i.

Existing bicycle parking spaces in a permanent bicycle rack located in the public right-of-way within 200 feet of the visitor entrance may be counted towards the requirement.

ii.

Uses that are not anticipated to generate visitor traffic and new additions or alterations that add nine or fewer automobile parking spaces are exempt from the requirement for short-term bicycle parking.

b.

Provide secure long-term bicycle parking in bicycle lockers or indoors in a secure bicycle parking location at a rate of one space or five percent of the required automobile parking spaces, whichever is greater, for new multi-tenant buildings with more than ten tenant-occupants; or for any projects where ten or more automobile spaces would be added.

3.

Clean Air Vehicle spaces.

a.

For the purpose of Chapter 30.80, the term "Clean Air Vehicle" shall mean any low-emitting and fuel efficient vehicle regulated under Health and Safety Code § 43800 and CCR Title 13, §§ 1961 and 1962 and the following vehicles identified below:

i.

Compressed natural gas (CNG) fueled vehicles (original equipment manufacturer only);

ii.

High efficiency vehicles bearing a High Occupancy Vehicle sticker issued by the Department of Motor Vehicles;

iii.

Neighborhood Electric Vehicles (NEV) that meet the definition of "low-speed vehicle" either in Section 385.5 of the Vehicle Code or in 49 CFR 571.500 (as it existed on July 1, 2000) and are certified to zero-emission vehicle standards;

iv.

Partial Zero Emission Vehicles (PZEV) and Advanced Technology Partial Zero Emission Vehicles (ATZEV) certified by the California Air Resources Board;

v.

Vanpool Vehicles that are designed for carrying ten to 15 persons including the driver, and that are maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing; and

vi.

Zero Emission Vehicles (ZEV) that are certified to zero-emission standards.

b.

For proposed non-residential development that would add ten or more automobile spaces, off-street parking spaces shall be reserved for Clean Air Vehicles that meet the definition in Subsection C.4.a. in accordance with the rate specified in the following Table:

c.

The required number of Clean Air Vehicles spaces may be allocated from the total required number of automobile spaces for a development.

d.

New Clean Air Vehicle spaces shall be designed to accommodate future installation of electric vehicle supply equipment in accordance with the California Green Building Standards Code § 5.106.5.3.

4.

Within the Central Commercial, Visitor Commercial, North Commercial, Professional Commercial, and Beach Commercial Zones, alternative transportation spaces may be provided for Clean Air Vehicles, compact cars, micro-cars, motorcycles or bicycles in place of up to 15 percent of the standard automobile parking spaces.

a.

The number of reserved Clean Air Vehicle spaces provided may exceed the number of required Clean Air Vehicle spaces identified in Subsection C.3. by up to an additional 15 percent of the total required standard automobile parking spaces.

b.

The number of micro-car spaces shall not exceed a ratio of one micro-car space to ten standard automobile parking spaces.

c.

Where provided in accordance with Subsection C.4., the following minimum ratios shall be complied with as applicable for credit towards the off-street parking requirement:

i.

Clean Air Vehicle parking spaces or Compact parking spaces shall be provided in place of standard spaces at a ratio of one to one.

ii.

Micro-car parking spaces shall be provided in place of standard spaces at a ratio of two micro-car spaces to one standard space.

iii.

Motorcycle parking spaces shall be provided in place of standard spaces at a ratio of four motorcycle spaces to one standard parking space.

iv.

Bicycle parking spaces provided within secure bicycle lockers (labeled as bicycle parking with posted directions for how to access and use the spaces) shall be provided in place of standard spaces at a ratio of four bicycle locker spaces to one standard space.

v.

The Director of Planning and Community Development may approve any equivalent combination of Clean Air Vehicle, compact, micro-car, motorcycle, and bicycle spaces to meet the off-street parking requirement.

D.

For multiple-tenant commercial buildings and sites with a mix of commercial uses and lease spaces, common areas such as common entryways, hallways, restrooms, and stairwells or elevators shall be exempt from the calculation of gross floor area for the purpose of required parking.

E.

Unless otherwise specified, accessory uses that are customarily incidental and subordinate to the primary use on a property may be exempt from the requirement to provide additional off-street parking where they comply with the following:

1.

The primary use must occupy at least 50 percent of the property;

2.

The accessory use must occupy an area no greater than 25 percent of the floor area of the primary use; and

3.

The use category that corresponds to the accessory use must require the same or fewer parking spaces than the use category for the primary use per the parking rates specified in Subsection C.

F.

Alternative compliance with the required non-residential parking rates may be requested subject to Planning Commission approval of a Site-Specific Parking Management Plan pursuant to Section 30.80.095.

(Ord. No. 718; Ord. No. 924, § 3, 12-5-2016; Ord. No. 997, § 3, 6-19-2021; Ord. No. 982, § 1, 12-13-2021; Ord. No. 999, § 4, 6-19-2023)

Editor's note— Ord. No. 924, § 3, adopted December 5, 2016, changed the title of Section 30.80.030 from "Number of Spaces: Specified Requirement" to "Required Number of Off-Street Parking Spaces." The historical notation has been preserved for reference purposes.

Where ambiguity exists in the application of off-street parking requirements, or where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Planning Commission and such determination shall be based upon the requirements for the most comparable use specified herein.

(Ord. No. 924, § 4, 12-5-2016)

Editor's note— Ord. No. 924, § 4, adopted December 5, 2016, changed the title of Section 30.80.040 from "Number of Spaces: Determination of Requirement."

Editor's note— Ord. No. 924, § 5, adopted December 5, 2016, repealed the former Section 30.80.050 in its entirety, which pertained to computing number of spaces, and derived from original codification.

A.

Size.

1.

Each off-street parking space provided to meet required parking shall be designed to meet the minimum dimensions identified in the Table below.

2.

The following standards apply to alternative parking designs where incorporated to meet required parking:

a.

Clean Air Vehicles.

i.

For the purpose of this Section, Clean Air Vehicles shall have the meaning identified in Subsection 30.80.030.C.3.

ii.

In accordance with the California Green Building Standards, spaces reserved for Clean Air Vehicles shall be clearly identified on the paved surface of the parking space in the same paint used for the parking stall striping. The lower edge of the text shall align with the end point of the stall striping so that the signage is visible beneath a parked vehicle as follows:

 CLEAN AIR/
VANPOOL/EV

b.

Micro-car, and Motorcycle spaces.

i.

Micro-car spaces shall be clearly identified and reasonably distributed throughout the project rather than all clustered in one location.

ii.

Motorcycle spaces shall be clearly identified.

c.

Tandem Parking spaces. Tandem parking is a parking configuration where one vehicle parks directly behind another and the vehicle in back must be moved in order for the front vehicle to leave.

i.

Tandem parking spaces designed to count towards required parking shall be limited to a maximum of two cars in depth.

ii.

Non-residential accessible parking spaces that are required for persons with disabilities in accordance with California Building Code Title 24 shall not be provided in a tandem configuration.

iii.

Proposals for use of tandem parking to satisfy required parking for non-residential development shall be accompanied by a plan for operation to demonstrate to the satisfaction of the applicable decision maker that the use of tandem parking will be operated effectively and will not result in adverse impacts.

iv.

For residential uses with no alley access, tandem parking may be permitted within the required front yard setback area.

d.

Automobile stacking mechanisms (horizontal and vertical), including mechanical lifts or elevators, may be used to provide access to required off-street parking spaces within an enclosed garage parking structure regardless of whether the spaces within the parking structure are located at-grade, above-grade, or below-grade provided the applicant complies with the following:

i.

The applicant shall provide a plan for operation of the automobile stacking mechanism to demonstrate to the satisfaction of the City's Fire Chief and Director of Planning and Community Development that the automobile stacking mechanism will be operated effectively in compliance with all safety features required by the manufacturer and shall incorporate any permit conditions required by the applicable decision maker to ensure the approval will not result in adverse impacts.

ii.

Automobile stacking mechanisms shall not obstruct access to other required off-street parking spaces.

3.

All parking areas shall be surfaced and maintained with an asphalt, concrete or other surface material deemed acceptable by the City Engineer that will provide equivalent protection against potholes, erosion, dust and/or other nuisances.

4.

Any required accessible (disabled) parking space shall be constructed in a manner required by the most current edition(s) of the California Building Code (Title 24).

B.

Location. Off-street parking required by this Chapter shall be located:

1.

On the same site as the use necessitating such parking; or

2.

Subject to the authorization and approval of an Off-Site Parking Permit.

C.

Access from Street to Space. All parking spaces required by this Chapter shall be serviced by adequate ingress and egress as provided for herein:

1.

Access to parking areas with six spaces or less and serving only residential uses shall have an unobstructed, permanently surfaced driveway not less than ten feet in width. Said driveway(s) shall not exceed a total maximum width of 20 feet along all abutting street lines. (Refer to the City of Del Mar Parking Layout standards for parking space design and layout.)

2.

Access to parking areas serving other than residential uses of any size, or serving a residential use of seven or more parking spaces, shall have an unobstructed, permanently surfaced driveway not less than ten feet in width for a one-way driveways and 20 feet in width for two-way driveways. The driveway shall have a maximum width of 24 feet within a front yard or required side yard abutting a street. A suitable turnaround area shall be provided for each such parking area to enable all vehicles using such parking area to enter the street in a forward manner. (Refer to the City of Del Mar Parking Layout for parking space design and layout.)

D.

Aisle Dimensions.

1.

All aisles, fire lanes, maneuvering areas and/or other specified non-parking area shall be clearly marked and maintained with directional arrows and stripping.

2.

Aisle dimensions for parking lots shall conform to the dimensions shown on the City of Del Mar Parking Layout.

(Ord. No. 924, § 6, 12-5-2016)

A.

Unless otherwise provided, no portion of a street or alley shall be counted as a part of a required parking space.

B.

All parking spaces and driveways shall be so located and designed as to avoid undue interference with the public use of streets and/or alleys.

A.

All parking and turnaround areas shall be subject to the same restrictions governing accessory buildings as defined in the zone in which such parking area is located, unless otherwise identified.

B.

Parcels of land that abut an alley, shall allow required parking within the rear yard setback according to Subsection 30.86.200.C.

C.

Parking and storage of vehicles on vacant lots including boats, house trailers, camper trailers and detached camper-trailer tops shall not be permitted for more than 72 consecutive hours unless otherwise provided for.

(Ord. No. 924, § 7, 12-5-2016)

A.

When required to meet the California Building Code (Title 24) or the Americans with Disabilities Act (ADA) requirements for provision of accessible off-street parking spaces and paths of travel thereto, an applicant may obtain approval from the Director of Planning and Community Development for an existing use to reduce the total number of existing parking spaces upon demonstrating that the reduction in the number of spaces will be the minimum necessary to achieve compliance with State and Federal accessible parking requirements and that no change of use or expansion of the existing use is proposed.

B.

This Section shall not be construed or applied so as to authorize a reduction of the off-street parking requirements to be provided in proposals for new development(s).

C.

The reduction in the number of required parking spaces shall be subject to the receipt of all required permits.

(Ord. No. 815; Ord. No. 924, § 8, 12-5-2016)

Editor's note— Ord. No. 924, § 8, adopted December 5, 2016, changed the title of Section 30.80.085 from "Reduction of Off-Street Parking Requirement to Comply with Accessible Parking Regulations" to "Reduction of Off-Street Parking to Enable Existing Development to Comply with Accessible Parking Requirements." The historical notation has been preserved for reference purposes.

"Town and Country" parking is a type of private/public parking design where spaces are provided partially on private property and partially in the public right-of-way along a specified portion of Camino del Mar. "Town and Country" parking shall be permitted within that portion of the Central Commercial (CC) Zone, which lies between 11th Street on the south side of Camino del Mar and 13th Street on the north side of Camino del Mar, provided that the parking spaces meet all of the following:

A.

The design of such parking, including location, parking angle, dimensions, walkways, landscaping and lighting, shall be consistent with the City of Del Mar Camino del Mar Streetscape Plan and subject to the approval of the City Council.

B.

When Town and Country parking is permitted in conjunction with the construction of new buildings, such buildings shall be set back not less than 20 feet from the Camino del Mar ultimate right-of-way. Side yard and rear yard requirements cited elsewhere in this Title shall not be modified as a result of these Town and Country parking requirements.

C.

When Town and Country parking is permitted in conjunction with the construction of new buildings, at least 30 percent of the required parking shall be located within the rear 50 percent of the lot; except, however, that this provision shall not apply if the total number of required parking spaces can be provided by the Town and Country configuration.

D.

The property owner shall execute and record, with the Office of the San Diego County Recorder, a sidewalk (for pedestrian access) and landscape easement not less than ten feet in width, giving the public rights of access over said private property. The language of such easement shall be approved by the City Attorney and the Director of Planning and Community Development prior to recordation. Improvements and maintenance of improvements constructed within the easement area shall be the responsibility of the property owner.

E.

Parking provided partially on private property and partially on public right-of-way, as herein allowed, shall be credited against off-street parking required by this Chapter.

F.

Landscape peninsulas, located on public right-of-way, shall be required at all street corners, and at minimum between every ten parking spaces. Such peninsulas shall include tree forms and indirect lighting. Such landscaping shall be consistent with the City of Del Mar Camino del Mar Streetscape Plan.

G.

To maintain acceptable safety standards, parking angles and dimensions shall be designed to align with the existing adjacent parking configuration insofar as possible.

(Ord. No. 924, § 9, 12-5-2016)

A.

For commercial development with multiple tenants that are located within the Central Commercial, Visitor Commercial, North Commercial, Professional Commercial, and Beach Commercial zones, approval to alternatively meet the required parking as set forth in Section 30.80.030 may be requested by making application for approval of a Site-Specific Parking Management Plan. The approved blended rate parking requirements for the multi-tenant commercial development as a whole shall generally be no lower than one space per 300 feet.

B.

Requests for approval of a Site-Specific Parking Management Plan are subject to Planning Commission approval.

C.

The owner of each business in operation on the subject property shall be required to comply with the terms of the approved Site-Specific Parking Management Plan.

D.

As a condition of approval, each business covered by the Site-Specific Parking Management Plan shall be required to demonstrate compliance with the approved Site-Specific Parking Management Plan to the satisfaction of the Director of Planning and Community Development on an annual basis upon application for business license renewal.

E.

If the Director of Planning and Community Development determines the development is not in compliance with the approved Site-Specific Parking Management Plan, then the permittee shall bring the development into compliance or shall file an application for a revised Site-Specific Parking Management Plan subject to Planning Commission approval.

(Ord. No. 924, § 10, 12-5-2016; Ord. No. 928, § 2, 6-19-2017)

All commercial and industrial parking areas, including parking spaces, access aisles and driveways, shall be developed and maintained in the following manner:

A.

Off-street parking areas shall be so graded and drained as to dispose of all surface water into public drainage systems. The design and improvement of such parking areas shall prevent runoff water from draining across public sidewalks and pedestrian access easements.

B.

Automobile parking spaces and access aisles shall be designed and/or marked or otherwise made clearly identifiable to assure safe and convenient automobile circulation.

C.

Walls, fences, and trees within or adjacent to parking areas shall be protected by permanently affixed curbing or wheel stops, located not closer than four feet, from such wall, fence, or tree to be protected.

D.

Any lighting used to illuminate parking areas shall be decorative, a low illumination level, and not more than 15 feet in height. Such lights shall be arranged and designed to reflect the light downward and away from any public right-of-way and/or from any property used for residential purposes.

E.

Each site shall include loading/unloading stalls in addition to the required number of parking spaces required for a specific use.

1.

One loading/unloading stall shall be required for the first 5,000 square feet of gross floor area and one additional loading/unloading stall for each additional 20,000 square feet of gross floor area.

2.

Each loading/unloading stall shall be a minimum of 12 feet in width and 20 feet in depth.

3.

Loading/unloading stalls shall be located in an area on-site and not within the required front yard setback. Such loading/unloading stalls shall be located in a manner so as not to interfere with pedestrian and/or vehicle traffic.

4.

A loading/unloading stall shall not be used for storage at any time.

F.

Surface parking areas containing three or more parking spaces shall be separated from an adjacent street or streets, except for driveways and access routes, by a compact evergreen hedge or a wall or fence not less than two feet or more than three feet six inches in height located three or more feet within the property line(s) adjacent to such street or streets. If said separation structure is a wall or a fence, the face of the wall or fence facing the adjacent street or streets shall be landscaped. Said three-foot or more setback area from the street property line shall be landscaped and maintained in accordance with the applicable provisions of this Section.

G.

Where surface parking areas containing three or more parking spaces abuts property in the R1, RM, or R2 Zones, screening (e.g. a solid wall, view obscuring fence, or compact evergreen hedge) shall be erected and maintained. Screening shall be a minimum of six feet in height above the surface of the parking area; except, that within the area of the front yard setback, the maximum height shall be calculated according to Subsection 30.86.090.A.1. No such wall, fence or hedge need be provided where the elevation of that portion of the parking area immediately adjacent is six feet or more below the elevation of abutting property located in the R1, RM, or R2 Zones.

H.

Plans for proposed parking areas shall be submitted to the City prior to the issuance of any Building Permit for such parking area or building for which the parking is accessory. Such plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping, drainage, and other features and appurtenances of the proposed parking area.

(Ord. No. 924, § 11, 12-5-2016)

A.

All applicable residential projects shall include a detailed landscaping plan including plant location, plant types listed by the common name and Latin name and maximum mature heights of vegetation. Such landscaping shall be permanently maintained.

B.

All portions of any front yard or side yard abutting a street, except for driveways, walks, fish ponds and decorative bodies of water, as provided in Subsection 30.86.200.M.4., shall be landscaped with trees, shrubs, flowers, or other plant materials, planter boxes (subject to the setback/height provisions applicable to fences contained within this Title), or rock gardens; and shall be permanently maintained in a neat, attractive, and orderly manner. In no case shall boats, trailers, trucks, campers or the like be stored or parked in any required front or side yard abutting a street, nor shall any storage of any materials whatsoever be permitted in said yards.

C.

All commercial, industrial, multi-family and religious facility projects shall provide a minimum of ten percent of the off-street parking area(s) with landscaping comprised of trees and shrubs in accordance with the following criteria:

1.

Landscape areas shall be dispersed throughout the parking area(s) in such a manner as to reasonably interrupt the expanse of paving or the mass of parked automobiles. There shall be a minimum landscaped area between every six parking spaces.

2.

All tree species, once established, shall be trimmed to remove branches below the height of 80 inches from the paving surface.

3.

All trees shall be in good condition upon planting and shall be placed in holes of sufficient size and backfilled with appropriate organic matter/topsoil mixture to assure successful growth.

4.

All trees shall be adequately staked or guyed.

5.

All required planting shall be permanently maintained in good growing condition by the property owner and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.

6.

All landscape areas shall be served, as necessary, by an adequate, permanently installed irrigation system.

(Ord. No. 615; Ord. No. 924, § 12, 12-5-2016)

Editor's note— Ord. No. 924, § 13, adopted December 5, 2016, repealed the former Section 30.80.130 in its entirety, which pertained to common parking, and derived from Ord. No. 821.

A.

Where two or more non-residential uses will be operated with no substantial overlap in the hours of operation of the uses, a portion of the off-street parking spaces required and provided for one or more of the uses(s) may be provided as Shared Parking spaces subject to approval of a Shared Parking Permit.

B.

The decision on an application for a Shared Parking Permit shall be made by the Planning Commission. A decision by the Planning Commission may be appealed to the City Council within ten working days from the date of the Planning Commission's approval. Any appeal of the Planning Commission's decision shall be filed in accordance with the procedures set forth in DMMC Chapter 1.12.

C.

In reviewing an application for a Shared Parking Permit, the Planning Commission shall apply the following standards and requirements:

1.

The applicant shall demonstrate that there will be no substantial overlap in the principal operating hours of the buildings or uses for which the Shared Parking spaces are proposed. For purposes of this Section, the term "no substantial overlap" shall mean that, on a daily basis, there will be at least 30 minutes between the time of closing of one use or activity and the opening of the other use or activity for which shared parking is proposed. The requirement for this separation of time between operation of uses enumerated herein shall not apply to normal support services such as cleaning and maintenance operations.

2.

Not more than 66 percent of the off-street parking spaces required for a use or activity may be satisfied through the use of a Shared Parking Permit.

3.

Parking spaces to be used for Shared Parking shall be unencumbered for any uses or activities other than those for which the Shared Parking Permit is proposed.

4.

All Shared Parking spaces shall meet the location, design and layout requirements for off-street parking spaces specified in this Chapter.

5.

Any proposal for Shared Parking which is to be located off-site, shall be also subject to the receipt of an Off-Site Parking Permit in accordance with Section 30.80.150.

6.

A Shared Parking Permit shall be recorded as a covenant against the deed for the property on which the Shared Parking spaces are located. The purpose of the covenant shall be to memorialize the terms and conditions of the Shared Parking Permit and to inform subsequent property owners and business operators of the restrictions on use and parking which apply to the site. The recorded covenant shall specify the operating hours, as conditioned, of the businesses for which a Shared Parking Permit has been approved.

(Ord. No. 821; Ord. No. 924, § 14, 12-5-2016)

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)

A.

A Conditional Use Permit shall be required for approval to conduct valet parking operations. The permit application shall include the following information to the satisfaction of the Director of Planning and Community Development:

1.

An application fee as set forth by Resolution of the City Council;

2.

Details regarding the type of business that the valet parking operation will serve including the number of required off-street parking spaces for that use;

3.

Details regarding the proposed valet parking operation including, the number of employees, the proposed location for the pick-up and drop-off of customer vehicles, off-street parking facilities, and the route of travel to be used to store and retrieve customer vehicles;

4.

Details about the proposed type and location for any signage that will be used to identify the valet parking operation to customers; and

5.

Any other information relevant to the proposed valet parking operation as deemed appropriate by the Director of Planning and Community Development.

B.

A Conditional Use Permit application for valet parking shall be decided as follows:

1.

Valet parking operations on private property shall be subject to approval by the Planning Commission.

2.

Valet parking operations on public property or in the public right-of-way shall be subject to approval by the City Council.

3.

A Conditional Use Permit for valet parking may be approved or conditionally approved only if the decision maker makes all of the findings to grant the permit in accordance with Section 30.74.020.

C.

As part of their review and consideration of the Permit, the decision maker may approve the valet parking operation as a means for the business that it serves to alternatively comply with the off-street parking requirement.

D.

The decision maker may impose conditions of approval as deemed necessary to protect the public, health, safety and welfare, to ensure the right of coastal access, and to ensure compliance with the Permit. At a minimum, conditions shall address the following:

1.

Hours of operation;

2.

The location for pick-up and drop-off of customer vehicles to occur;

3.

The location of the off-street parking facilities where customer vehicles will be parked and stored;

4.

Signage for the valet parking operation;

5.

The number of required off-street parking spaces authorized by the permit where valet parking is being used as an equivalency for compliance;

6.

Any conditions to ensure that valet parking operations will not interfere with required off-street parking;

7.

Proof of general liability insurance and garage liability insurance; and

8.

Copies of any executed agreements (between the valet parking operator and the business being served by the valet parking operator or between the valet parking operator and the property owner where vehicles will be parked and stored off-site) as necessary to demonstrate compliance with the Permit.

E.

A Conditional Use Permit for valet parking may be revoked in accordance with Section 30.74.080.

(Ord. No. 924, § 16, 12-5-2016; Ord. No. 928, § 3, 6-19-2017)

Editor's note— Ord. No. 924, § 16, adopted December 5, 2016, changed the title of Section 30.8160 from "Valet Parking Permit" to "Conditional Use Permit Approval for Valet Parking."

The In-Lieu Parking Fee Program was established to provide a tool for better management and utilization of parking spaces within the City's Downtown area. The goal of the program is to expand on the existing capacity of off-street parking spaces available to the public, and to facilitate public access and mobility within the Village Center and to local park and beach areas.

A.

For projects located within the Central Commercial Zone, the provision of the off-street parking spaces otherwise required pursuant to this Chapter may instead be partially satisfied through the payment of an In-Lieu Parking Fee in accordance with the following:

1.

Authorization for use of an In-Lieu Parking Fee(s) to satisfy off-street parking requirements shall be subject to the review and approval of the Director of Planning and Community Development, with such approval based on compliance with the provisions of this Chapter.

2.

The payment of an In-Lieu Parking Fee shall be made on a one-for-one basis with a fee paid for each required parking space to be satisfied through the In-Lieu Parking Fee Program.

3.

The amount of the In-Lieu Parking Fee shall be set by resolution of the City Council and may be amended from time to time by resolution of the City Council.

4.

No more than 75 percent of the off-street parking spaces otherwise required for a project may be satisfied through use of the In-Lieu Parking Fee Program.

5.

An applicant may not utilize Shared Parking in addition to the In-Lieu Parking Fee Program.

B.

In-Lieu Parking Fee funds collected by the City shall be deposited in a designated fund and shall be expended by the City exclusively for:

1.

The acquisition, development, operation or maintenance of off-street parking spaces available for use by the general public; and

2.

The development and implementation of an alternate public transportation program, such as a shuttle system, to transport the public to and from off-street parking spaces available for use by the general public along Camino del Mar through the Village Center and to the Powerhouse/Seagrove Parks at the foot of 15th Street to facilitate public access and mobility within the Village Center and to beach areas.

C.

The payment of In-Lieu Parking Fees to satisfy the provisions of this Chapter shall occur prior to the issuance of any required Building Permits for the development for which the fees are required or prior to issuance of a Certificate of Occupancy for any activity for which the fees are required, whichever comes first.

D.

In-Lieu Parking Fees paid to satisfy the provisions of this Chapter shall not be refundable.

E.

The option for payment of In-Lieu Parking Fees to satisfy the off-street parking requirements of this Chapter shall not be allowed to satisfy the off-street parking requirements for residential units or for hotel or motel uses.

F.

In-Lieu Parking Fees may not be collected for more than 50 total parking spaces before both the public parking facility and alternate public transportation program are fully operational. Once the public parking facility and alternate public transportation program become fully operational, the City shall utilize its best efforts to continue the In-Lieu Parking Fee Program. Should the program ever be discontinued or substantially modified, the City shall seek reauthorization of the program with the Coastal Commission through a separate Local Coastal Program Amendment.

(Ord. No. 817; Ord. No. 850; Ord. No. 856; Ord. No. 924, § 17, 12-5-2016; Ord. No. 928, § 4, 6-19-2017)