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TRN-3.405 - Central City District Parking Application Process

CENTRAL CITY PLAN DISTRICT PARKING APPLICATION PROCESS
Binding City Policy
BCP-TRN-3.405

 
PURPOSE
 
The Council finds:
 
1. Ordinance No. 169799 was adopted on February 14, 1996 to clarify how applications for parking in the Central City Plan District would be processed and to clarify how the December 26, 1995 LUBA appeal, any other LUBA appeals of applications for parking under the CCTMP or judicial review of any such LUBA decisions would affect that process.
 
2. In adopting Ordinance No. 169799, the procedure for allocation of parking spaces for Growth and Visitor Parking in the Core Area did not acknowledge an existing provision in the Downtown Parking and Circulation Policy (DPCP) which was readopted as part of the Interim Regulations for the CCTMP. This provision is contained in the CCTMP Administrative Section, VII (A)(2), and allows the number of existing plus approved spaces to exceed the Maximum Parking Inventory provided that offsetting spaces are identified which can be removed if built spaces were to exceed the maximum allowed. It is the intention of the Council in adopting this ordinance to ratify and continue this provision.
 
3. The Maximum Parking Inventory established in the DPCP will continue to be enforced as part of the State Implementation Plan for Carbon Monoxide until the Environmental Protection Agency approves the Portland Area Carbon Monoxide Maintenance Plan recently approved by the Oregon Environmental Quality Commission. Approval of the plan is expected in mid-1997.
 
4. During this interim period, in order to continue to process development applications within the Core Area for Growth and/or Visitor Parking, it is necessary to amend Ordinance No. 169799 to clarify the processing of applications under the Interim Regulations provisions of the Administration Section of the CCTMP.
 
5. The Preservation Parking Program is governed by a separate set of regulations established by the CCTMP and the provisions contained in the Interim Regulations Section of the Administration Section do not apply to Preservation Parking.
 
6. On December 6, 1995, the City Council passed Ordinance No. 169535 which adopted the CCTMP and amended the Zoning Code and Comprehensive Plan to implement the CCTMP.
 
7. Paragraph i of Ordinance No. 169535 provided that Ordinance No. 169535 became effective on January 8, 1996.
 
8. On December 26, 1995, the Downtown Community Association filed an appeal of Ordinance No. 169535 with the Land Use Board of Appeals (LUBA).
 
9. The CCTMP, Comprehensive Plan, and Zoning Code provisions adopted by Ordinance No. 169535, including the provisions that will be challenged in the December 26, 1995, LUBA appeal, became effective on January 8, 1996, under ORS 197.625 (3)(a) but will not be deemed acknowledged under ORS 197.625 (1) unless and until Ordinance No. 169535 is affirmed by LUBA and the Appellate Courts on any appeal.
 
10. Ordinance No. 16978, approved on February 14, 1996, readopted Ordinance No. 169535 with the exception of certain provisions that the petitioner in the December 26, 1995, LUBA appeal intends to challenge, so that the remaining CCTMP, Comprehensive Plan, and Zoning Code provisions could become acknowledged under ORS 197.625 (1) twenty-one (21) days after that separate ordinance is adopted.
 
11. Between January 8, 1996 and January 31, 1996, three applications for Central City Parking Review seeking approval of Preservation Parking in the Core Area were submitted. A sufficient number of Preservation Parking spaces exists in the applicable Preservation Parking Reserve to satisfy the number of Preservation Parking Spaces requested in those three applications, and if all three of those applications are approved, the applicable Preservation Parking Reserve will temporarily be depleted.
 
12. The existing administrative practice of the City Parking Manager, under both the CCTMP and its predecessor, the DPCP, is to hold parking spaces from existing pools or reserves for applicants at the time an application for a land use approval that includes the proposed spaces is submitted, and to maintain that hold until the land use application is finally resolved. It is the intention of the Council in adopting this ordinance to ratify and continue this existing practice subject to the limitations expressed in this ordinance.

 
POLICY
 
NOW THEREFORE, the Council directs:
 
a. Applications for Parking in the Central City Plan District will be processed as follows:
1. At the time an application for Growth, Visitor, or Preservation Parking is submitted a "hold" will be placed on the portion of the Core Area Maximum Parking Inventory available for Growth or Visitor parking (hereafter the Inventory), the applicable Preservation Parking Reserve, or the appropriate combination, for the number of spaces requested. Subject to the provisions in Section a.6. and a.7. below, the "hold" reserves for the application the number of spaces requested, if the requested number of spaces is available in the Inventory or the applicable Preservation Parking Reserve, but does not assure the application will be approved.
 
2. Holds will be placed in the order in which applications are submitted. Where two or more applications are filed on the same date, the time stamped on the application by the Permit Center shall determine the order of submittal.
 
3. In order to retain a "hold," an applicant shall make its application complete within 30 days of being notified that its application is not complete, and shall not request extensions of time or delays in completing its application.
 
4. "Holds" will remain in place until a final decision on the application, together with any amendments or conditions, is made by the City and any LUBA or appellate court review is final. If the final decision by the City approves the application, either initially or following LUBA remand or reversal, the spaces will be allocated. If the final City decision denies the application, and that decision is sustained by LUBA in any appeal, the "hold" will be removed and the spaces will be available for other applications.
 
5. Parking spaces will be allocated as provided in paragraphs a.2. through a.4. above, notwithstanding the December 26, 1995 LUBA appeal challenging Ordinance No. 169535. Spaces will not be reallocated as long as the applicant seeks any necessary reapprovals of an application, following LUBA or appellate court reversal or remand of Ordinance No. 169535. Any reapplication or amendment of the application under this paragraph must be submitted not later than 90 days following a City decision responding to any LUBA or appellate court remand of Ordinance No. 169535.
 
6. For Preservation Parking, the number of spaces subject to "holds" and actual allocation may not exceed the number of spaces actually in the applicable Preservation Parking Reserve. Applications for parking may not be approved if the requested spaces would exceed the number of spaces actually in the applicable Preservation Parking Reserve or the Flexible Pool, reduced by any "holds" and actual allocations. If an application submitted after January 31, 1996, seeks approval for more than the available number of parking spaces, the applicant shall be given the opportunity to amend the application to make the requested number of spaces comply with the requirements of this paragraph. If an applicant does not amend an application to comply with the requirements of this paragraph, the application will be rejected.
 
7. For Growth and Visitor Parking, the number of spaces subject to "holds" and actual allocation may not exceed the number of spaces actually in the Maximum Parking Inventory for the Core Area except under the following conditions. Additional spaces beyond the maximum number allowed in the Inventory may be subject to "holds" only where spaces are identified by the City Parking Manager which can be removed when the additional spaces open, or following implementation of offsetting air quality programs approved by DEQ. This will insure that the number of existing and approved spaces does not exceed the limits of the Maximum Parking Inventory.
 
8. The Portland Office of Transportation shall evaluate alternative methods of allocating spaces from the Inventory and applicable Preservation Parking Reserve and report the results of that evaluation to City Council at a future date.

HISTORY
 
Ordinance No. 170677 passed by Council and effective October 30, 1996.
Filed for inclusion in PPD June 1, 2004.
 
(Re-indexed by City Auditor October 2005 - formerly indexed as BCP-TRN-3.32)