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HomeMy WebLinkAbout96-102 - Mid-Town In-Lieu Parking Fee District5O3 RESOLUTION NO. 96-102 A RESOLUTION OF THE CITY COUN'CIL OF THE CITY OF SANTA ANA ESTABLISHING THE MID- TOnSil' IN-LIEU P/~KING FEE DISTRICT WHEREAS, the City Council of the City of Santa Ana is in the process of approving the adoption of the "Midtown Specific Plan" covering an area bounded by property on the west side of Broadway on the west and property on the east side of Bush Street in the east, by Civic Center Drive on the south, and by Seventeenth Street on the north, and is rezoning such area to the SD (Specific Development Zone); and WHEREAS, the "Midtown Specific Plan" calls for the establish- ment of an in-lieu parking fee district with the southern portion of the area covered by the said plan to allow for relief from parking code requirements for those property owners who cannot provide on-site parking; and WHEREAS, the city Council is likewise in the process of amending the zoning regulations of the City to add section 41-1310 thereto to allow for the establishment, by resolution of the City Council, of 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 the zoning regulations 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; and WHEREAS, the city Council does now desire to establish an in- lieu parking fee district for a portion of the area covered by the Midtown Specific Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Pursuant to section 41-1310 of the Santa Ana Municipal Code, there is hereby established the "Midtown In-lieu Parking Fee District, consisting of that area shown an the map attached hereto as Exhibit A, and incorporated herein by reference. The provisions of said section 41-1310 are incorporated herein by reference. 2. In fiscal year 1996-1997, the total in-lieu parking fee shall be $6000.00 for each parking space for which an off-street parking credit is to be granted. 3. The fee shall be paid in annual installments over a period of twelve years. The initial payment shall be paid prior to the issuance of any certificate of occupancy and shall be for the first RESOLUTION 96-102 Page 2 year. In fiscal year 1996-1997, the amount of the initial payment shall be $500 per parking space and the balance of the obligation, in a principal amount of $5500.00 per parking space, shall be for the remaining eleven years, payable in installments of $500.00 per parking space per year, and shall be evidenced by a promissory note by the property owner to the city, secured by a deed of trust on the property in favor of the City as beneficiary, duly executed and dellvered to the City prior to the issuance of any certificate of occupancy. The note and deed of trust shall be subject to the following terms and conditions: ao The note shall not bear interest, but shall provide for a late charge for the late payment of any installment in an amount equal to ten percent of the amount of the installment payment. b. Payment shall be due on the commencement of the year to which it pertains. The City shall have the option to call due the balance of the note in the event of any default in the payment of any installment, or in the event that the owner sells, coveys or alienates the property or any part thereof or any interest there- in or shall be divested of title or interest in any manner, without the consent of the City. The owner shall have the right to prepay the note or any portion thereof at any time without penalty. The note and deed of trust shall contain such other provisions as are normal and customary, in the opinion of the City Attorney. 4. In each fiscal year following the 1996-97 fiscal year, sections 2 and 3 shall apply the same as in fiscal year 1996-97, except that the amounts specified in those sections shall be automatically increased, as of July 1 of each such fiscal year, equivalent to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor for the Los Angeles-Anaheim- Riverside area, using the most recent December-to-December CPI-U comparisons. 5. This resolution shall become effective at such time as an ordinance of the city adding section 41-1310 to the Santa Ana Municipal Code becomes effective. RESOLUTION 96-102 ~0~ Page 3 ADOPTED this 18th ATTEST: ~l~eo~' t~UeYco~ncil~/ COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Ave McGuigan Aye Mills Absent Moreno Aye day of November , 1996. CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution q~ - /O ~ to be the original resolution adopted by the City Council of the City of S~m Ana on Date: /I/~¢& ~h~. ~C~ e Co~ncil/~'- City of Santa Ana ~ / ~07 Chi LIMITED W~U FA 01~ R']NG LIGHT INOUSTRIAL -PO P~NED OEV~W~T -PRD P~N~ ~$iO~ DEV. MIDTOWN IN-LIEU PARKING DISTRICT EXHIBIT A