Chapter 13 — IN LIEU PARKING FACILITIES FEE

• (a) The City Council hereby creates and establishes an in lieu parking facilities fee for the purpose of mitigating unfavorable impacts attributed to new development in the City. Specifically, this fee shall be used to pay the cost of providing new off-street parking facilities within the downtown area to the extent that developers are, for any reason, unable to comply with Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use) requiring a specified number of off-street parking spaces for various buildings and uses. This fee is based on a formula designed to insure that developers pay their fair share for off-street parking facilities required to serve the increased traffic caused by new development.

• (b) Such off-street parking facilities are identified in the City's Ten Year Public Parking Program. This plan may be amended from time to time.

• (c) The fees hereunder are "impact fees" and shall be collected, administered and expended according to Title 10, Chapter 9 (Impact Fees).

• (§ 1, Ord. 692, eff. August 22, 1992, as amended by § 179, Ord. 941, eff. November 10, 2023)

For purposes of this chapter, unless otherwise apparent from the context, the following words and phrases shall have the meanings respectively ascribed to them herein.

"Costs of off-street parking facilities or spaces." means any costs related to acquisition, construction, repair and financing of such off-street public parking facilities or spaces but does not include costs of routine maintenance.

"Downtown" or "downtown area." means that area of the City as defined and delineated at pages 2 and 3 of the study.

"New development." means any nonresidential development, redevelopment, rehabilitation or conversion or other development project which results in the requirement that off-street parking spaces be provided pursuant to Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use) or any non-residential use for which a building permit must be obtained and which prior thereto had been subject to a waiver of the requirements of Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use).

"Person" means any individual, partnership, corporation or association.

"The study" means that certain document commissioned by the City and prepared by Walker Parking Consultants dated August of 2006, as amended, Titled "Downtown Ojai Parking Supply and Demand Analysis."

(§ 1, Ord. 692, eff. August 22, 1992, as amended by § 180, Ord. 941, eff. November 10, 2023)

The City Council finds, as set forth herein, that there is a reasonable relationship between the

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City of Ojai, CA § 10-13.03

OJAI CODE

§ 10-13.05

off-street parking facilities fee's use and new development:

• (a) The City Council is committed to maintaining the same level of off-street public parking facilities relative to the demand for such parking in the downtown area of the City which existed at the date of the study.

• (b) Based upon the analysis provided in the study, the City Council finds that future new development will directly cause an increase in the need for off-street public parking facilities.

• (c) In some cases, future new development may be unable to provide on-site, the number of off-street parking facilities required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use).

• (d) The fees collected under this section shall be used to construct off-street parking facilities or spaces not provided by a new development as required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use).

• (§ 1, Ord. 692, eff. August 22, 1992, as amended by § 181, Ord. 941, eff. November 10, 2023)

The City Council finds, as set forth herein, that there is a reasonable relationship between the need for off-street parking facilities and new development.

• (a) The City Council is committed to maintaining off-street parking facilities in a quantity relative to the demand for such parking in the downtown area of the City which existed at the date of the study.

• (b) Based upon the analysis provided in the study, the City Council finds that future new development will directly cause an increase in the need for off-street public parking facilities.

• (c) In some cases, future new development may be unable to provide on-site, the off-street parking facilities required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use).

• (d) To the extent that a new development is unable to provide on-site, the off-street parking required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use), the City, in order to mitigate the impact of such new development, shall be required to construct such facilities.

• (§ 1, Ord. 692, eff. August 22, 1992, as amended by § 182, Ord. 941, eff. November 10, 2023)

The City Council has determined through the study that new development creates the need for increased off-street parking facilities. Based upon the calculations contained in the study, the City Council finds that new development creates the need for off-street parking spaces as required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use) and, to the extent the developer is unable, for any reason, to provide such parking on site, the cost to the City to provide each off-street parking space, in lieu thereof, is established by the City Council and reflected in the City Fee Schedule.

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City of Ojai, CA

PLANNING AND ZONING

§ 10-13.05

§ 10-13.07

(§ 1, Ord. 692, eff. August 22, 1992, as amended by § 183, Ord. 941, eff. November 10, 2023)

Any person applying for a building permit for any new development shall be assessed and shall pay, prior to the issuance of such permit, an in-lieu parking facilities fee in the amount established by the City Council and shown in the City Fee Schedule for each off-street parking space required by Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use), which the new development is unable to provide. No person shall be granted a waiver pursuant to Section 10-2.1405 (Number of parking spaces required) and Table 3-5 (Parking Requirements by Land Use) without the payment of such fee. For sufficient cause shown, the Council may waive the fee required by this section, pursuant to Section 10-2.2009 (Findings and decision), subsection (d).

(§ 1, Ord. 692, eff. August 22, 1992, as amended by § 184, Ord. 941, eff. November 10, 2023)

The cost attributable to providing one parking space set forth herein shall be adjusted as of July 1st of each year to reflect changes in the cost of construction of off-street parking spaces as determined by the Construction Cost Index for Los Angeles from January of the previous year to January of the current year as reported in the Engineering News Record. (§ 1, Ord. 692, eff. August 22, 1992)

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City of Ojai, CA