17.64.035 Off-site parking.
A. All parking spaces provided shall be on the subject lot with the main building they serve, except that the commission, by conditional use, may permit the parking spaces to be on an abutting lot or any lot within 300 feet of the building if it determines that it is impracticable to provide parking on the subject lot.
1. Effective March 27, 2001, if the commission permits parking spaces to be on a lot other than the subject lot, then the commission, as a matter of law, shall require at a minimum the following conditions: that the off-site lot be made subject to duly recorded enforceable covenants running with the land reasonably acceptable to the city, which covenants:
a. Burden the off-site lot to the extent necessary to provide adequate incremental parking for the benefit of the subject lot;
b. Make the city a third-party beneficiary of the covenants;
c. Prohibit the termination, amendment, or subordination of the covenants without council approval; and
d. Have a priority position prior to any deed of trust, mortgage or other encumbrance that can foreclose out the covenants.
2. The required priority position of the covenants may be obtained by due subordination of any existing encumbrance.
3. Upon the recording of the covenants, the owner of the subject lot must reimburse the city for obtaining a title policy on the off-site lot showing the covenants have the required priority position.
4. The owner of the subject lot shall post and maintain signs on the subject lot and on the off-site lot informing the public of the off-site parking relationship between the off-site lot and the subject lot.
5. If through change of use of the subject lot or otherwise the off-site parking is no longer required or if the extent of such requirement is significantly reduced, then the city, upon the written request duly signed by both the owner of the subject lot and the owner of the off-site lot and delivered to the city manager, shall in due course and after council action allow the termination or amendment of the covenants to meet the then-current requirements for parking for the subject property. (Ord. 06-017 § 3, 2006; Ord. 05-036 § 11, 2005)