Chapter 15.28 — IN-LIEU PARKING FEES

The ordinance codified in this chapter shall establish in lieu parking fees to be applied when and where appropriate for development projects within the city. This chapter and the provisions herein contained are in addition to any and all requirements heretofore established relating to parking as set forth in existing ordinances of the city.

(Ord. 254 §1, 1991; Ord. 259, 1991)

The purpose of this chapter is to establish fees upon new development projects to minimize the impact of new development upon the parking availability within the city. The chapter will assist in implementing provisions in the city general plan that encourage use of fees or other measures to minimize the burden that new development imposes upon existing parking capabilities. It is also anticipated that this chapter will assist the council in determining that new development does not have a significant adverse environmental impact (as defined under the California Environmental Quality Act) in regard to the parking capabilities of the city.

(Ord. 254 §2, 1991)

A.

The city council has held public hearings relative to the establishment of fees to be charged under this chapter, and the initial fee established in this chapter to be charged on new development projects which

affect existing parking capabilities within the city is as set forth in subsection C. The purpose of the fees referred to in this chapter is to maintain at a minimum the existing level of parking capabilities within the city as of the effective date of the ordinance codified in this chapter, notwithstanding any new development.

B.

The city may from time to time establish fees different from the fees set forth in this chapter as the appropriate fees required by this chapter. Any modification to the fees established in this chapter shall take place only after the city has noticed and held a public hearing or hearings for the purpose of obtaining public input on any proposed modification to the fees. Modification of fees shall be established by resolution.

C.

The city council finds, after the conducting of a public hearing allowing public input thereon, that new development projects, new buildings, and the addition of new square footage to existing buildings within the city, impacts the parking capabilities available to the city and imposes the need for additional parking within the city, which need for increased parking and impacts cannot be met by the collection of increased taxes by the city; and the city further finds that additional parking required by new development projects, new buildings, or the changing of existing buildings within the city from residential to commercial should be paid by the individual, individuals, or entity creating the parking impact; and the city finds that the fee schedule established in this chapter is reasonably related to the maintenance of existing parking levels in the city for improved parcels and further maintaining an appropriate level of public safety and parking a primary goal of the city, and further that the fees established in this chapter are required to partially offset the impact and burden that new development projects, new buildings and the enlargement of existing buildings imposes within the city where adequate parking cannot be provided on-site. Change of ownership does not generate mitigation fees.

D.

The initial fee established by this chapter as of the effective date of adoption of the ordinance from which it derives shall be as follows: The sum of three thousand dollars per required parking space on additions to commercially used buildings or buildings converted to commercial use.

(Ord. 254 §3, 1991)

If an in-lieu parking fee has, prior to the adoption of the ordinance codified in this chapter, been paid to the city on a particular project, the fee provided for in this chapter shall be waived for such project. The burden of providing proof of such prior payment shall lie with the individual requesting the waiver and shall be verified by the city.

(Ord. 254 §4, 1991)

Payment as provided for in this chapter shall be required prior to the issuance of a building permit.

(Ord. 254 §5, 1991)

The fees collected and interest generated as provided for in this chapter by the city shall be kept in a separate parking fee fund and used solely to offset parking impacts to the city.

(Ord. 254 §6, 1991)

Nothing in this chapter shall prevent a developer and the city from entering into an alternative means or basis for payment of the fees.

(Ord. 254 §7, 1991)

The city council of the city finds that the fee provided for in this chapter is reasonably related to the maintenance of existing parking facility levels within the city and is necessary for public safety. The city council further finds that the fee provided for in this chapter is reasonably calculated to offset the impact and burden that development imposes upon parking within the city, and that the fee provided for in this chapter is reasonably related to the cost of providing parking facilities for new development occurring within the city.

(Ord. 254 §8, 1991)

Any rehabilitation, remodel, repair or replacement of an existing structure shall be exempt from payment under this chapter unless square footage is increased.

(Ord. 254 §9, 1991)