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HomeMy WebLinkAboutNS-2309 - Provide for the Establishment in-Lieu Parking Fee Districts437 RE[-: 11/5/96 ORDINANCE NO. NS-2309 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 41-1310 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE ESTAB- LISHMENT OF IN-LIEU PARKING FEE DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-1310, which said section reads as follows: Sac. 41-1310. In-lieu parking fee districts. (a) The city council may, by resolution, establish one or more in-lieu parking fee districts whereby property owners within any such district may receive a credit toward the number of off- street parking spaces otherwise required by this article by the payment of an in-lieu parking fee to be used by the city for the future provision of public parking facilities serving the district. (b) Eligibility for the reception of an off-street parking credit shall be limited to: (1) the use and occupancy of existing buildings which lack sufficient parking spaces on site to satisfy the requirements of this article and which no longer have such status as a nonconforming use or nonconforming building which would allow them to be used and occupied without the provision of such parking; and (2) the intensification of use in an existing building. Such eligibility shall not extend to new building construction, nor to additions to existing buildings or the reconstruction of existing buildings. (c) Any resolution of the city council establishing an in- lieu parking fee district shall set forth the fee to be charged for each parking space for which an off-street parking credit shall be granted to an owner of eligible property within the district. Such resolution may also set forth such provisions as the council may determine appropriate for payment of the fee in installments over a period of years. The responsibility for such installment payments shall run with the ownership of the property. (d) Ail revenues received by the city from the payment of in- lieu parking fees from owners of property within an in-lieu parking district shall be maintained in an account separate and apart from other city funds. Moneys in such account may be expended solely for the purpose of providing additional public parking in the district. ORDINANCE NS-2309 ~9 (e) No owner of property within an in-lieu parking fee district may receive any off-street parking credit pursuant to this section except pursuant to a parking plan approved for that property by the executive director of the community development agency of the city or his or her designated representative. The parking plan shall specify the number of parking spaces required to be provided on the property and the number of parking spaces for which off-street parking credits are granted. (f) A parking plan may be revoked by the executive director of the community development agency of the city or his or her designated representative for failure by the owner of that property to pay installment payments on the in-lieu parking fee due for that property, and shall be reinstated upon the payment of all install- ments due. During such time as a parking plan is revoked: (1) the property shall not be credited with off-street parking credits for purposes of determining its compliance with the off-street parking requirements of this chapter; and (2) no further certificates of occupancy shall be issued for the property under the building code of the city~ SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 2nd ATTEST: ~CJ~i~eo~'t~Ycoun/ci~ day of December , 1996. rel A~ ~li~o COUNCILMEMBERS: Pulido Aye Richardson Absent Espinoza Rye Lutz Aye McGuigan Aye Franklin Aye Moreno Aye 2 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance of Santa Ana on with the Charter of the City of Santa Aha. to be the original ordinance adopted by the City Council of the City /~,2- ~ - ~?ff_~ ; and that said ordinance was published in accordance Date: /~-/'-~ / '9 d. / / Clerk of the Cotfn~iJ~ City of Santa Ana ~ '