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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> ORDINANCE NO. 709 <br /> <br /> AN ORDINANCE AMENDING S2-9.22, ARTICLE 16 (OFF-STREET <br /> PARKING FACILITIES), CHAPTER 2 (ZONING), TITLE II (ZONING <br /> AND DEVELOPMENT) OF THE ORDINANCE CODE OF THE CITY OF <br /> PLEASANTON RELATING TO IN LIEU PARKING AGREEMENTS <br /> <br /> THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES ORDAIN AS FOLLOWS: <br /> <br /> Section 1. S2-9.22 (In Lieu Deposits), Article 16, <br /> <br /> Chapter 2, Title II of the Ordinance Code of the City of Pleasantor <br />I~is hereby amended to read as follows: <br /> <br /> ~2-9.22 In Lieu Parking Agreement. The owner of a parcel, <br /> or parcels, in the C-C District who is unable to pro- <br /> vide all of the off-street parking required by this <br /> Code may apply to the City Council for an in lieu <br /> parking agreement. The request for such an agreement <br /> shall be in writing and shall be filed with the City <br /> Clerk. Subsequent to receipt of such a request the <br /> City Clerk shall schedule the matter for consideration <br /> by the City Council. A public hearing shall be held <br /> on any such request with notice provided pursuant to <br /> ~2-5.08 of this chapter. The City Council may grant <br /> or deny the request. <br /> <br /> If the request is granted the City Council shall direc~ <br /> the City Attorney to prepare the necessary agreement; <br /> determine the amount per deficient parking space to be <br /> paid by the owner; determine the duration of payment; <br /> and determine such other terms and conditions as are <br /> deemed appropriate. Any sums received by the City <br /> pursuant to such a contract shall be deposited in a <br /> special fund and shall be used exclusively for acquir- <br /> ing, developing and maintaining off-street parking <br /> facilities available to the general public and located <br /> in an area of benefit. The area of benefit shall be <br /> established by the City Council at the public hearing <br /> and shall be determined in the same manner as estab- <br /> lishing benefit under assessment district acts. The <br /> agreement shall be executed by the owner and the City <br /> Council prior to the issuance of a zoning certificate. <br /> <br /> In the event that a use for which an in lieu parking <br /> agreement has been executed is changed or facilities <br /> are altered to meet the parking standards prescribed <br /> in this chapter before the City has committed or ex- <br /> pended any of the money received pursuant to said <br /> agreement in the benefited area, the amount received <br /> shall be refunded to the owner. <br /> <br /> Section 2. This ordinance shall become effective thirty (30) days <br /> after its passage and adoption. <br /> <br /> Section 3. This ordinance shall be published once within fifteen <br /> (15) days after its adoption in "THE TIMES", a newspaper of <br /> <br /> <br />