Burbank Municipal Code Div. 3 Location of Parking Areas

Required off-street parking shall be located as follows:

A. DWELLINGS.

For single or multiple family dwellings, off-street parking shall be located on the same lot or building site as the building is required to serve.

B. HOSPITALS, ROOMING HOUSES, CLUBS, ETC.

For hospitals, sanitariums, homes for the aged, orphanages, rooming houses, lodging houses, clubrooms, fraternity and sorority houses, off-street parking shall be located not more than 150 feet from the building it is required to serve.

C. COMMERCIAL USES.

For commercial uses, off-street parking shall be located not more than 300 feet from the use it is required to serve.

D. MANUFACTURING USES.

For manufacturing uses, off-street parking shall be located not more than 750 feet from the use it is required to serve. [Formerly numbered Section 31-169; Renumbered by Ord. No. 3058, eff. 2/21/87; 2599.]

The distance of off-street parking from the building it is required to serve shall be based upon the shortest walking distances from the nearest point of the off-street parking to the nearest point of the building or use served. [Formerly numbered Section 31-170; Renumbered by Ord. No. 3058, eff. 2/21/87.]

A. GENERAL PROCESS.

When required off-street parking is provided on a site other than the site on which the use to be served is located as exclusive or non-shared parking, a covenant shall be recorded in the office of the County Recorder designating the off-street parking and the use it is to serve, with legal descriptions of the sites involved, and certifying that the off-street parking shall not be used for any other purpose unless the restriction is removed by the Director. An attested copy of the recorded covenant shall be filed with the City Clerk. Upon submission of satisfactory evidence that other off-street parking has been provided in compliance with the requirements of this division or that the use has ceased or has been altered so as no longer to require the recorded off-street parking, the Director shall remove the restriction.

B. WHEN TERM OF PARKING AGREEMENT IS LESS THAN PERPETUITY.

Due to the inability of certain uses to provide on-site parking coupled with the inability to obtain long term covenants as required in (A) herein, it is the intent of this section to enable owners and tenants to provide off-site parking for limited leasehold terms. This provision may only be used in conjunction with a change of use where a previous use has adequate on-site parking as determined by the Director. New buildings must provide adequate on-site parking for some authorized use before utilizing the terms of this provision.

Required off-street parking may be provided on a site other than the site on which the use to be served is located for a limited term if an agreement is executed among the parties, including the property owner of the property with inadequate on-site parking. This agreement is in lieu of the covenant specified in Subsection (A). Such agreement shall provide:

i) evidence of compliance with Section 10-1-1412;

ii) terms of the parties’ agreement as to the use of the off-site parking;

iii) provision identifying the term of the parking rights which shall be the shortest leasehold interest, but not less than five (5) years (adequate proof of the leasehold terms shall be provided to the Director);

iv) that the owner and, if applicable, the tenant, of the property with inadequate on-site parking revert, within a reasonable time, the use to a use for which code-required parking can be provided at the end of the agreed term, or earlier if the off-site parking rights cease, and no replacement parking is obtained. Alternatively, the owner and tenant may be allowed to revert the use, within a reasonable time, back to the last acceptable use, which shall specifically be identified in the agreement. This provision shall be reflected in all rental agreements between the property owner and tenant(s) at the property with the inadequate on-site parking;

v) that the agreement is to be recorded in the office of the County Recorder designating the off-street parking and the use it is to serve, with legal descriptions of the sites involved, and certifying that the off-street parking shall not be used for any other purpose until the restriction ceases at the end of the agreed term;

vi) for the Director’s signature on behalf of the City and approved as to form by the City Attorney. The agreement shall provide that no changes may be made to the document without the prior written consent of the Director, and that the agreement runs with the property of each site;

vii) that the owner and tenant will annually provide an affidavit certifying and confirming that the aforementioned leases are still valid and in effect. Each agreement shall designate the date for the annual certification. Should the certification of the off-site spaces authorized herein not be provided to the City on the designated date, then the City shall provide notice to the parties of a business permit revocation hearing due to parking violations. [Formerly numbered Section 31-171; Amended by Ord. No. 3482, eff. 5/9/98; 3058.]

A. DIRECTOR’S DETERMINATION.

The Director may approve the shared use of parking for two (2) or more uses occupying one (1) or more structures on a single or adjacent parcel. Shared parking may be counted towards code required off-street parking upon compliance with this section.

B. BURDEN ON APPLICANT.

1. Eligible Project. The applicant must demonstrate that the project is eligible for shared parking by submitting the following to the Director:

a. Detailed parking studies prepared by a licensed traffic engineer to justify shared parking;

b. Evidence of compliance with Section 10-1-1412;

c. Evidence that parking spaces marked as “reserved” or “leased” are not counted toward shared parking.

2. Suitable Location. The applicant must demonstrate that the proposed location of the shared parking is suitable by submitting the following to the Director:

a. If shared parking will be located on a lot other than the lot on which the structure or use to be served is located, the shared parking lot must be available for the actual lifetime of the structure or use to be served, or a minimum of five (5) years in accordance with Subsection (3) below. Such availability shall be assured either by common ownership of both the lot containing the structure or use to be served and the lot containing the parking space or by a lease or other instrument providing for the availability of the parking space for not less than the actual lifetime of the structure or use to be served, or less in accordance with Subsection (3) below. Evidence of such availability must consist of either proof of ownership of both the lot containing the shared parking spaces by at least one common owner or by a lease or other instrument providing for the availability of the parking space for not less than the actual lifetime of the structure or use to be served, or less if Subsection (3) is utilized.

b. An attested copy of any instrument referred to in (a) above shall be filed with the Department of Community Development.

c. All parties to a shared parking arrangement granted under this section, shall enter into a covenant with the City which shall be recorded in the Office of the County Recorder. This document shall serve as a notice of the restrictions under this code applying both to the lot containing the structure or use to be served and to the lot containing the shared parking space by virtue of the arrangement for provision of required on-site parking.

3. Alternative term for Shared Parking Agreement. Due to the inability of certain uses to provide on-site parking coupled with the inability to obtain shared parking which is available for the actual lifetime of the structure or use to be served as required in (2) herein, it is the intent of this section to enable owners and tenants to provide shared parking for limited leasehold terms. Required parking may be provided as shared parking for a limited term if an agreement is executed among the parties, including the property owner and tenant of the property with inadequate on-site parking, which agreement shall:

i) provide the term of the shared parking agreement which shall be the shortest leasehold interest, but not less than five (5) years (adequate proof of the leasehold terms shall be provided to the Director in accordance with 2 (b) above);

ii) provide for the property owner and, if applicable, the tenant, of the property with inadequate on-site parking to revert, within a reasonable time, the use to a use for which code-required parking can be provided at the end of the agreed term, or earlier if the shared parking rights cease, and no replacement parking is obtained. Alternatively, the property owner may be allowed to revert the use, within a reasonable time, back to the last acceptable use, which shall specifically be identified in the agreement. This provision shall be reflected in all rental agreements between the property owner and tenant(s) at the property with the inadequate on-site parking;

iii) be recorded in the office of the County Recorder designating the shared parking and the use it is to serve, with legal descriptions of the sites involved, and certifying compliance with this subsection;

iv) provide for in the agreement that during the term of the agreement neither party will change any uses that share the parking nor change the use’s hours of operation;

v) signed by the Director on behalf of the City. The agreement shall provide that no changes may be made to the document without the prior written consent of the Director, and that the agreement runs with the property of each site;

vi) that the owner and tenant will annually provide an affidavit certifying and confirming that the aforementioned leases are still valid and in effect. Each agreement shall designate the date for the annual certification. Should the certification of the off-site spaces authorized herein not be provided to the City on the designated date, then the City shall provide notice to the parties of a business permit revocation hearing due to parking violations. [Amended by Ord. No. 3482, eff. 5/9/98; Formerly numbered Section 31-171.5; 3058, 3109.]

The requirements of Sections 10-1-1417, 10-1-1421, and 10-1-1422 apply to all parking areas located in all zones. The requirements of Sections 10-1-1417.1 through 10-1-1420 inclusive apply to all parking areas located in 1) all non-residential zones and 2) in residential zones which provide parking for uses located in a non-residential zone. [Formerly numbered Section 31-172; Renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3676, eff. 8/16/05.]