HomeMy WebLinkAbout1101ORDINANCE NO. 1101 (1987 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADJUSTING
PARKING STANDARDS AND ESTABLISHING PARKING IN -LIEU
FEES FOR THE CENTRAL - COMMERCIAL ZONE
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. The Council makes these findings:
1. The Community Development Director has found that the proposed revised
standards and in -lieu fee program will not result in a significant adverse
impact on the environment and has approved a negative declaration for same
in accordance with the California Environmental Quality Act.
2. Establishment of new standards and parking in -lieu fees is consistent with
the general plan and and Goals for Downtown, as explained in the staff
reports referenced hereby, and will promote the public health, safety, and
welfare.
3. Parking in -lieu fees are development fees, not a tax or special
assessment.
SECTION 2. Parking Standards. Section 17.42.020(E) of the Municipal Code
is amended to read as follows:
E. Other sections of this Title notwithstanding, the Parking Requirements in
the C -C zone shall be as follows:
1. Restaurants, sandwich shops, take -out food, bars, taverns, night
clubs, other food service or entertainment establishments, theaters,
auditoriums, convention halls, and churches: one -half that required in Section
17.16.060 provided, however, that in no case the requirement shall exceed one
space per 350 square feet gross floor area.
2. Dwellings, motels, hotels and bed and breakfast inns: One -half that
required in Section 17.16.060.
3. All other uses: one space per 500 square feet gross floor area.
4. In determining the total number of required spaces, all fractions
shall be rounded to the nearestf whole number. Fractions of .5 or greater shall
be rounded to 1; fractions less that .5 shall be rounded to 0.
5. For existing buildings, only the parking needed for additions thereto
or for changes in occupancy which increase parking requirement relative to
prior uses, shall be required.
6. The parking space requirement may be met by:
a. Providing the required spaces on the site occupied by the use;
b. Providing the required spaces off -site, but within five hundred
feet of the proposed use, in a lot owned or leased by the developer of the
proposed use;
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Ordinance No. 1101 (1987 Series)
Page 2
C. Participating in a commonly held and maintained off -site parking
lot where other businesses maintain their required spaces;
d. Participating in a parking district which provides parking
spaces through a fee or assessment program. (This subsection may be satisfied
by participation of the underlying property in a parking district by +'
January 1, 1988. If by that date the underlying property is not
participating in such a district, the parking requirement shall be otherwise
met);
e. Participating in an in -lieu fee program as may be established by
the City Council. Any parking agreement approved prior to adoption of the
parking standards contained in Sections E.1 -3 above, may be adjusted to conform
with those standards, subject to approval by the Community Development Director
and City Attorney; or
f. Any combination of subsection E.4.a. through E.4.e of this
section.
The Community Development Department shall be notified of the
expiration or termination of any agreement securing required parking. The
department shall schedule a public hearing before the planning commission to
consider revocation of the use authorization where no alternative location for
required parking is provided (Ord. 1050 1 (part). 1985: Ord. 1023 1. 1984:
Ord. 1006 1 (part). 1984: Ord. 941 1 (part). 1982: prior code
9203.10(B)).
SECTION 3. In -lieu fee program. Chapter 4.30 is added to the Municipal
Code, to read as follows:
4.30.010 Purpose.
This Chapter establishes fees in -lieu of providing parking spaces within the
Central - Commercial (C -C) zone, as provided in the zoning regulations (Section
17.16.060 and Section 17.42.020). Fees collected pursuant to this Chapter
shall become part of the parking fund and shall be used solely for the
development or maintenance of parking within the Central - Commercial zone.
4.30.020 Calculating fees
A. Amount of fees. The amount of the fee for new construction additions
to existing buildings and changes in occupancy shall be established by
resolution by the City Council.
B. The number of spaces required by the change in occupancy shall be the
difference between the number required by the new use and the number required
by the previous occupancy.
Ordinance No. 1101 (1987 Series)
Page 3
C. The demolition or removal of all or a portion of an existing building
and its replacement with another structure of equal or less than the floor area
of the original building shall not be considered new construction for purposes
of this chapter. However, all floor area in an amount beyond that contained in
the original building shall be considered an addition and fees shall be
calculated accordingly. Changes in occupancy which require additional parking
spaces and which occur in new construction or.an addition within two years of
final inspection of that new construction or addition shall be treated as new
construction or addition for purpose of this chapter.
D. The per space fee for new construction, additions or changes in
occupancy may be paid in either of the following methods:
1. In a lump sum, prior to the issuance of construction permits for the
structure or occupancy for which the parking is required or prior to the
issuance of a city business license for the activity for which the parking is
required, if no construction permit is required. For those who have signed
parking acknowledgments, the lump sum payment shall be paid no later than
ninety (90) days after the award of a construction permit for a municipal
parking structure located at Marsh and Chorro Streets.
2. In one installment per year, as provided in an amortization schedule
established by the City Finance Director. The term of said schedule shall not
exceed twenty years for fees $5,000 or greater, nor ten years for fees less
than $5,000. Theinter•est rate shall be determined by the Finance Director
each January for that ensuing year, based on current market rates. The rate
offered at the beginning of any amortization schedule shall be fixed throughout
the entire payment period. The annual installment shall be due on January 1
(delinquent on February 1). The penalty and interest for delinquent payments
shall be as provided for property taxes. Unpaid fees shall become a lien upon
the property for which the parking is required.
If the installment option is selected, the remaining principal
balance may be paid in full at any time without penalty.
For any use or structure for which in -lieu fees are to be paid by
installment, the first installment shall be due on the January 1 following
issuance of the business license or building permit, but no sooner than ninety
(90) days after the award of a construction permit for a municipal parking
structure located at Marsh and Chorro Streets.
4.30.030 Change or cessation of use.
Once a property is subject to an obligation for in -lieu parking fees, the
following shall apply if the use is changed or discontinued:
Ordinance No. 1101 (1987 Series)
Page 4
A. If a structure is enlarged or a use is replaced with a use for which
more parking is required according to the zoning regulations, the additional
parking requirement may be met by paying additional in -lieu fees, as provided
in Section 4.30.020.
B. If a structure is reduced in area, or wholly or partially becomes
vacant, or a use is replaced with a use for which less parking is required
according to the zoning regulations, there shall be no change in the obligation
for parking in -lieu fees. There shall be no refund of a lump -sum payment nor
an abatement of installment payments. Once satisfied, the obligation for
parking in -lieu fees shall be deemed to meet the parking requirement for any
structure or use in the same location having a parking requirement equal to or
less than that for which the in -lieu fee amount was previously determined.
C. If a structure is destroyed, upon the property owner's request the
city shall refund the lump -sum payment or cancel the obligation for following
installment payments. Any future structure or use at the same location would
thereafter be required to meet the parking requirement as provided in the
zoning regulations, which may include payment of a lump -sum in -lieu fee or
commencing at the beginning of the installment payment schedule.
D. If a structure is replaced by a permanent structure intended for uses
requiring fewer parking spaces than those in the previous structure, according
to the zoning regulations, the city, upon the property owner's request, shall
refund the difference between the lump -sum payment for the previous structure
and the lump -sum payment which would be due for the replacement structure or --
cancel the obligation for the proportionate number of spaces covered by
installment payments.
4.30.040 Ownership change; dividing or merging properties
A change of ownership or the dividing or merging of properties shall not affect
an obligation for parking in -lieu fees or a determination that parking
requirements have been met according to fees paid for a particular use.
SECTION 4. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least five (5).days,
prior to its final passage in the Telegram- Tribune, a newspaper published and
circulated in said city, and the same shall go into effect at the expiration of
thirty (30) days after its said final passage. A copy of the full text of this
ordinance shall be on file in the office of the City Clerk on and after the
date following introduction and passage to print and shall be available to any
interested member of the public.
Ordinance No. 1101 (1987 Series
Page 5
INTRODUCED by the Council of the City of San Luis Obispo, at its meeting
held on the 21st day of September 1987, on motion of
Councilwoman Rappa seconded by Councilman Griffin
and on the following roll call vote:
AYES: Councilmembers Rappa, Griffin, Davey, Settle and Mayor Dunin
NOES: None
ABSENT: None
y ArR 0 �DU NI
ATTEST:
V
City Cle'k PAM VOGES/
APPROVED:
Ordinance No. 1101 (1987 Series)
Page 6
APPROVED:
City A inistrative Officer
. 14 117777-7774e"�
City Atto ey
Community Development Director
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109.
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ORDINANCE NO. 1101
�T
(19 87 Series)
FINALLY PASSED this 20th day of October ,
19 ga on motion of Councilman Settle , seconded by
__councilman Griffin , and on the following roll call
vote:
AYES: Councilmembers .Settle, Griffins -Dovey -and Mayor Ron Dunin
NOES: None
ABSENT: Councilwoman Penny Rappa
yor Ron Dunin
ATTEST:
Cit Clerk Pam &oges