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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; 0 1101 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 1 � AL 109. M 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