ORD 1898 - Laserfiche WebLink

through in-lieu parking agreements. Such agreements shall be approved ministerially by the Planning Director upon finding that the criteria of this Section are met. 2. New construction which provides less than eighty-five percent (85%) of its required parking on site and expansions to existing buildings which exceed twenty-five percent (25%) of the building's existing floor area may satisfy their deficit parking through in-lieu parking agreements. Such agreements shall be subject to the approval of the City Council. The request for such an agreement shall be in writing and shall be filed with the Planning Department. Subsequent to receipt of such a request, a hearing shall be scheduled for consideration of the matter by the City Council. A public heating shall be held on any such request with notice provided pursuant to Section 18.12.040 of this code. The in-lieu parking agreement shall address the amount per deficient parking space to be paid by the owner, the duration of payment, and such other terms and conditions which are deemed appropriate. The City Council may grant or deny the request. B. Any sums received by the City pursuant to such a contract shall be deposited in a special fund and shall be used exclusively for acquiring, developing, and maintaining off-street parking facilities and located anywhere within the Downtown Revitalization District. The agreement shall be executed by the owner and the City Manager, and all in-lieu fees shall be paid prior to the issuance of a building permit. C. The City shall determine a standard surface parking lot in-lieu parking fee and a parking structure in-lieu parking fee based on land and construction costs in the Downtown Revitalization District. Such fees shall be updated on a regular basis by the City and shall be made available to the public. On April 1 of any 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. Any development for which an in-lieu parking agreement is approved where the number of in-lieu spaces is less than or equal to thirty percent (30%) of its parking requirement shall pay the standard surface parking lot in-lieu fee for each deficient parking space. E. Any development for which an in-lieu parking agreement is approved where the number of in-lieu parking spaces exceeds thirty percent (30%) of its parking requirement shall pay the parking structure in-lieu parking fee for each deficient parking space. F. In-lieu parking agreements for which the requested number of in-lieu parking spaces exceeds fifty percent (50%) of the required parking shall not be approved unless the City Council finds that there are special circumstances related to i) constraints due to the size, configuration, or features of the site; or ii) constraints related to building placement or design; and iii) the availability of off-street parking. G. In 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, them shall be no refunds of in-lieu fees. 5