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P13-2458, Downtown Revitalization District In-Lieu Parking Fee Environmental Checklist year in which the fees have not been recalculated, the fees shall be adjusted by the rate of increase in the ENR construction cost index for the prior year. D- 4. Any development for which an in lieu parking agreement is approved where the number of in lieu spaces is less than or equal to 30 percent of its parking requirement shall pay the standard surface parking lot in lieu fee for each deficient parking space. 5_Any development for which an in lieu parking agreement is approved where the number of in lieu parking spaces exceeds 30 percent of its parking requirement shall pay the parking structure in lieu parking fee for each deficient parking space. 6. In lieu parking agreements for which the requested number of in lieu parking spaces exceeds 50 percent of the required parking shall not be approved unless the city council finds that there are special circumstances related to: (1) constraints due to the size, configuration, or features of the site; or (2) constraints related to building placement or design; and (3) the availability of off-street parking. C57 Tin the event that a use for which an in lieu parking agreement has been executed is changed or facilities are altered to meet the parking standards prescribed in this chapter before the city has committed or expended any of the money received pursuant to said agreement in the area benefited, the amount received shall be refunded to the owner. Otherwise, there shall be no refunds of in lieu fees. (Ord. 2000 § 1, 2009; Ord. 1898 § 1, 2003; prior code § 2-9.22) B. The owner of an eligible parcel or parcels, as shown in Figure 18.88.020. who is unable to provide all of the off-street parking required by this code may apply to the city to provide a specific on-site amenity open to the general public which equals, exceeds or is less than the value of the in-lieu parking fee that would otherwise be required for parking that cannot be provided on-site. The procedure and criteria to be followed for consideration of an on-site amenity open to the general public instead of providing parking shall be as follows: ,1. Requests for provision of an on-site amenity open to the qeneral public in place of providing off-street parking shall be made in writing as part of a development or pre-development application and shall be filed with the Planning Division. Such requests shall include a conceptual design for the amenity. Subsequent to receipt of such a request, and prior to project approval, a hearing shall be scheduled for consideration of the matter by the City Council. A public hearing shall be held on any such request with notice provided pursuant to Section 18.12.040 of this title. The City Council shall consider whether or not the proposed amenity, would meet the objectives of the Downtown Specific Plan and whether or not to enter into an agreement with the applicant to reduce parking 13