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D. Anv development for which an in-lieu parkins a reement is approved x here the number <br />ofin-lieu spaces is less than or equal to thirty percent f30%) ofits arkinQ requirement shal~ay <br />the standard surface parkins lot to-laeu lee for each deficient arkin space. <br />E. An develo ment or which an in-lieu arkin a reement is a roved where the number <br />min-lieu p arkins m aces exceeds thirty percent /30"%) o f its parkin requirement shall pay the <br />parkins structure m-leeu parking fee for each deTciera p arkin space <br />F. In-lieu parkins agreements for which the requested number ofin licu parkins spaces <br />exceedsffty percent t50%) ofthe required parkins shall not be approved unless the City Council <br />tnds that there are special circumstances related to i) constraints due to the size con tguratton <br />or eatures of the site. or a) constraints related to buildins placement or design and ui) the <br />availability ofo~ street parkins <br />EG. In the event that a use for which an in-lieu parking agreement has been executed is <br />changed or facilities aze altered to meet the parking standards prescribed in this chapter before <br />the City has committed or expended any of the money received pursuant to said agreement in the <br />area benefited, the amount received shall be refunded to the owner. Otherwise there shall be no <br />re unds ofin-lieu fees <br />18.88.130 Designation of facilities <br />A restrictive covenant easement or other document acce table to the Ci Attorne shall be <br />recorded with the Alameda Coun Recorder's O ice or an o '-street arkin acili which is <br />a held open to the public b) a ioint use parking lot or cl located on a sue other than the sue at <br />is intended to serve. The restrictive covenant or other document shall desi Hate the o -street <br />parking facilities and the properties being sened b sy uch parking facilities shall stipulate that <br />the parlans facility will be used for the intended purpose and shall contain le al descriptions o_f <br />all sues znvolved. The restnetive covenant or other document shall be a roved b the Ci <br />Attorne . The Zonis Administrator shat! remove the restriction upon finding that the required <br />number ofo/street parkin spaces or to lieu parking fees hale been provided to compliance <br />wuh the requirements of this chapter <br />6 <br />