ORD 2089 - Laserfiche WebLink

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 requirements in exchange for the development of an on-site amenity open to the general public on an eligible parcel, as show in Figure 18.88.020 2. The onsite amenity shall be open and accessible to the general public at all times, and no portion of the amenity shall be restricted to the exclusive use of on-site business customers only. 3. The on-site amenity should typically consist of a mini-plaza with seating, shade, landscaping, lighting, and other pedestrian facilities. Other forms of amenities may be considered by the City Council if consistent with the objectives of the Downtown Specific Plan. 4. The value of the on-site amenity shall be equal to, exceed or be less than, if approved by Council, the amount of in-lieu parking fees otherwise required by this Chapter, and as set forth in the Master Fee Schedule, for parking not otherwise provided on-site or off-site on private property. The value of the on- site amenity shall be based on opportunity costs. Opportunity costs shall be calculated by using a standard method approved by the Community Development Director. Documentation of the calculation shall be provided to the Planning Division. 5. In the event the proposed on-site amenity is determined to be of lesser value than the amount of in lieu parking fees otherwise required by this chapter, the developer shall enter into an in lieu parking agreement that pays the difference between the provided amenity and the required fees into the in-lieu parking fund. 6. The on-site amenity shall be installed prior to the issuance of a certificate of occupancy by the Chief Building Official. 7. The on-site amenity does not create any legal public easement or public property interest, and the owner of the property remains responsible for all maintenance and repair of the on-site amenity. 8. The on-site amenity, its requirement to be available to the general public as provided in Section 18.88.120.B.2, and the parking waived by provision of the on-site amenity shall be memorialized in a restrictive covenant recorded against the property. Such restrictive covenant shall include remedies for the City in the event the owner of the property, or any successor, fails to comply with its requirements.