2010 JANUARY - Laserfiche WebLink

18.88.110 spaces credits which may be recognized and transferred as in lieu parking spaces if so approved at the time the parking assessment district is formed. (Ord. 1898 § 1, 2003; prior code § 2 -9.20) 18.88.110 Existing uses. No existing use of land or structure, except one located within a parking assessment district, shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed in this chapter, provided that facilities used for off - street parking on the effective date hereof, shall not be reduced in capacity to less than the num- ber of spaces prescribed in this chapter or reduced in area to less than the minimum standards prescribed in this chapter. (Prior code § 2 -9.21) 18.88.120 In lieu parking agreement for the downtown revitalization district. A. The owner of a parcel or parcels within the downtown revitalization district who is unable to provide all of the off - street parking required by this code may apply to the city for an in lieu parking agreement. The procedures to be followed for such in lieu parking agreements shall be as follows: 1. New construction which provides at least 85 percent of its required parking on site and expansions to exist- ing buildings which are less than or equal to 25 percent of the building's existing floor area may satisfy their parking deficits through in lieu parking agreements. Such agreements shall be approved ministerially by the community development director upon finding that the criteria of this section are met. 2. New construction which provides less than 85 percent of its required parking on site and expansions to ex- isting buildings which exceed 25 percent of the building's existing floor area may satisfy their deficit park- ing through in lieu parking agreements. Such agreements shall be subject to the approval of the city coun- cil. The request for such an agreement shall be in writing and shall be filed with the planning division. Sub- sequent to receipt of such a request, a hearing shall be scheduled for consideration of the matter by the city council. A public hearing shall be held on any such request with notice provided pursuant to Section 18.12.040 of this title. 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 1st 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 30 percent 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 30 percent of its parking requirement shall pay the parking structure in lieu parking fee for each deficient parking space. In lieu parking agreements for which the requested number of in lieu parking spaces exceeds 50 percent of the required parking shall not he approved unless the city council finds that there are special circumstances related to: (1) constraints due to the size, configuration, or features of the site; or (2) constraints related to building place- ment or design; and (3) 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 al- tered to meet the parking standards prescribed in this chapter before the city has committed or expended any of (Pleasanton Supp. No. 3, 1 -10) 644