NORTHWEST PLAN DISTRICT COMMERICAL USE OF ACCESSORY PARKING
Administrative Rule Adopted by Portland Bureau of Transportation Pursuant to Rule-Making Authority
SECTION 1 - PURPOSE
As authorized by City Code Section 33.562.290, commercial use of accessory parking facilities is allowed within the Northwest Plan District. The purpose of 33.562.290 is to encourage efficient use of accessory parking by allowing greater flexibility for use during times when accessory parking is typically underutilized while considering potential negative impacts on nearby residents. The purpose of this Administrative Rule is to outline the application process, the minimum requirements needed to obtain a permit, and enforcement and compliance associated with these requirements.
SECTION 2 - DEFINITIONS
Accessory Parking: a parking facility that provides parking for a specific use or uses. The facility may be located on or off the site of the use or uses to which it is accessory. A fee may or may not be charged. An accessory parking facility need not be in the same ownership as the specific uses to which it is accessory.
PBOT: The City of Portland Bureau of Transportation.
Commercial Parking: parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility.
NW Parking Management Plan – Stakeholder Advisory Committee (NWPMP-SAC): The stakeholder advisory committee for the NW District has a mission to advise the City on transportation and parking issues in NW District and support a full range of transportation options within the context of neighborhood livability and economic vitality with the goal of efficiently managing parking and reducing reliance on the single-occupancy automobile.
SECTION 3 - ROLES & RESPONSIBILITIES
The Portland Bureau of Transportation
PBOT Parking Operations staff shall:
• Act as the first point of contact for applicants interested in applying for a commercial use of accessory parking permit and provide application materials to interested parties.
• Review submitted applications for completeness and relay the application to the NWPMP-SAC for recommendation.
• Oversee final review of application and issue official permit.
PBOT Parking Services Group Manager shall:
• Approve and issue official permit.
PBOT Bureau Director, or the PBOT Bureau Director designee, shall:
• Oversee application appeals.
The Bureau of Developmental Services shall:
• Act in their capacity as administrator of Title 33, including any enforcement actions, as related to provisions for commercial use of accessory parking in the Northwest Plan District.
The NW Parking Management Plan Stakeholder Advisory Committee shall:
• Review all applications and provide a recommendation to the Bureau Parking Services Group Manager.
• Act as the initial point of contact for any permit violations or complaints that occur, and work with operators of parking facilities to address concerns.
The Facility Owner shall:
• Provide all information in their application as correct and truthful to the best of their knowledge.
• Notify PBOT and the NWPMP-SAC of any major changes that occur in their operation of their accessory parking and commercial parking that may impact their ability to adhere to the requirements of their permit.
SECTION 4 - APPLICATION SUBMISSION
The applicant must submit a completed application to the PBOT Parking Operations. PBOT will provide an online application for all applicants to complete. Information required on the application will include:
1. Name and contact information for applicant
2. Name/location of property and parking facility
3. Name and contact information of the parking facility manager/coordinator/monitor
4. Primary use(s) of property
5. Number of total parking spaces in facility
6. Number of parking spaces occupied by primary users
7. Number of parking spaces proposed for commercial use of accessory parking and details of the proposed hours and days of operation, including whether offered monthly or hourly.
8. Agreement to the terms and limitations of the permit that (1) monthly parking will only be provided to residents and employees of the NW District, and (2) adequate parking for the primary use as served by the accessory parking is maintained.
SECTION 5 - APPLICATION REVIEW
After the application is submitted to PBOT, PBOT Parking Operations staff will check for general application completeness (see basic application information required in Section 4)
PBOT Parking Operations staff will review the application for the following minimum qualifying requirements:
1. The parking facility must have at least five (5) spaces available for commercial use beyond the primary use spaces needed.
2. The parking spaces proposed for commercial use are in a parking facility that was permitted when originally created or built.
3. Statement that any long-term parking agreements will be contracted only between the parking facility and either residents or employees of the NW Plan District.
4. Statement of non-displacement, stating that the owner(s) of the site have agreed to manage the parking approved under the permit so that adequate parking for the primary use as served by the accessory parking is maintained.
If the basic application information is present and the minimum qualifications are met, the application will be sent to the NW Parking Management Plan – Stakeholder Advisory Committee (NWPMP-SAC) for review. If basic application information is missing, or if minimum requirements are not met, PBOT Parking Operations staff will inform the applicant and work to obtain complete information.
The NWPMP-SAC will review the application and will provide PBOT with a recommendation on whether to approve, approve with conditions, or deny the application.
The PBOT Parking Services Group Manager will then, taking in consideration the SAC recommendation, make and issue a final decision on the permit application.
SECTION 6 - PERMIT ISSUANCE
Upon application approval from the Bureau Parking Services Group Manager, PBOT will issue a NW Plan District Commercial Parking Approval Letter, which will act as the official, revocable permit for the parking facility. A copy of the permit will be returned to the applicant to keep on site. An additional copy of the NW Plan District Commercial Parking Approval Letter will be sent to the Director of the Bureau of Developmental Services, or his/her designee. The permit application process should take no more than 60 days from time of application submission to final decision.
The first permit issued to allow commercial use of an accessory parking facility will be valid for one (1) year. Subsequent permits require a new application and will be valid for three (3) years. If the parking demand for the primary use changes, the shared commercial parking provided may need to be adjusted. If the parking facility is found to be in violation of their parking permit, PBOT has authority to revoke the permit. If a parking facility’s permit is revoked, the facility may not apply for a new permit for a period of six (6) months following the revocation.
PBOT holds full authority to revoke any permit at any time.
SECTION 7 – APPEALS AND COMPLAINTS
For applications that were denied, or approved with conditions, the applicant will have the ability to appeal the final decision to PBOT Parking Operations staff. Appellants must submit a written letter to PBOT Parking Operations staff outlining why they are opposed to the decision and/or conditions. PBOT Parking Operations staff will review submitted appeals and the PBOT Bureau Director, or the Bureau Director’s designee, will make a final decision within thirty (30) business days.
If, after a parking facility has been permitted under this program, concerns or issues arise from surrounding properties, these issues will be brought to the attention of the NWPMP-SAC. The SAC will act as a mediator between parties to attempt to alleviate and address concerns. If concerns have not been or cannot be appropriately addressed, a formal appeal may be filed with PBOT within 30 (thirty) days of the NWPMP-SAC meeting. Appellants must submit a written letter to PBOT outlining issues or concerns related to uses allowed under the commercial parking permit. PBOT Parking Operations Staff will review submitted appeals and make a recommendation to the PBOT Bureau Director. The PBOT Bureau Director, or the Bureau Director’s designee, will make a final decision within thirty (30) business days. Appeals may be sent to the following address:
ATTENTION: Parking Operations
1120 SW 5th Ave, Suite 800
Portland, OR 97204
SECTION 8 - REVISION OF APPLICATION PROCESS
The PBOT Bureau Director will have the ability to formally revise the administrative rules governing the issuance of a permit for commercial use of accessory parking facilities in the Northwest Plan District at any time after notifying and seeking comments from the NWPMP-SAC.
Adopted by the Director of Portland Bureau of Transportation September 21, 2016.
Filed for inclusion in PPD September 21, 2016.