Tracy Municipal Code Ch. 6.20 Downtown Incentive Program

The geographical location of the Downtown Incentive Area shall be established by resolution of the City Council, as described in Resolution No. 97-115, adopted by City Council on April 15, 1997, or any duly authorized amendment thereto. The geographical location of the Downtown Incentive Area shall focus private and public investment into a small area to create visible improvement, and to meet the goals of the Downtown Incentive Program. (§ 2, Ord. 954 C.S., eff. June 14, 1997)

The Downtown Incentive Program, as set forth in this chapter, shall have the following goals for the Downtown Incentive Area:

(a) Revitalize the unique business and cultural characteristics of the historical downtown, and link them with future trends;

(b) Achieve a mixture of retail, professional service, entertainment, and restaurant land uses which creates a synergy of activities;

(c) Stimulate private investments and opportunities for land use conversion;

(d) Stimulate business attraction, retention, expansion, and intensification;

(e) Generate pedestrian traffic;

(f) Attract tenants which generate increased rent base.

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any applicant for a building permit within the Downtown Incentive Area shall be an "eligible applicant" for the incentives of the Downtown Incentive Program, as set forth in this chapter, provided that the applicant establishes, to the satisfaction of the Community Development Director, that:

(a) The goals of the Downtown Incentive Program will be met by the proposed use of the building.

(1) It is hereby found that any of the following building uses will meet the goals of the Downtown Incentive Program: Retail, personal service, restaurant, entertainment, night club, business and professional office, financial, residential (second floor and higher), hotel, motel, and cultural arts.

(2) It is hereby found that any of the following building uses will not meet the goals of the Downtown Incentive Program: Education, worship, dance studio, martial arts, gymnastics, fraternal organization, medical or health services, health or sport clubs, residential (ground floor), highway commercial, auto sales, and auto service.

(b) The Downtown Incentive Program Streetscape fee is paid, as set forth in section 6.20.080.

(c) In the event that an applicant proposes construction of new floor area, the new construction shall: Be in-line store fronts, be pedestrian oriented, provide for an on-site loading zone, and meet the parking requirements set forth in Tracy Municipal Code subsection 10.08.3470(d)(2).

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any eligible applicant, as set forth in section 6.20.030, shall have the option of satisfying the obligation to provide parking by establishing, to the satisfaction of the Community Development Director, any one of the following requirements have been met prior to the issuance of the building permit:

(a) Parking spaces have been provided as required by Tracy Municipal Code title 10, chapter 10.08, Article 26.

(b) The requirements of Tracy Municipal Code subsection 10.08.3470(d) have been satisfied.

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any eligible applicant, as set forth in section 6.20.030, shall have the option of satisfying the obligation to pay water and sewer development impact fees (as required by Tracy Municipal Code, and hereinafter referred to as "water and sewer fees") by establishing, to the satisfaction of the Public Works Director, any one of the following requirements have been met prior to the issuance of the building permit:

(a) The water and sewer fees have been paid as required by Tracy Municipal Code.

(b) A promissory note has been executed by the applicant, in a form first approved by the City, by which the applicant agrees to: (1) make monthly payments over a fifty-nine (59) month period in an amount equal to the total water and sewer fees (as required by Tracy Municipal Code) divided by 360; (2) make a balloon payment on the sixtieth (60) month in an amount equal to the total water and sewer fees minus amounts previously paid to the City; and (3) pay interest on late payments in an amount fixed by the City's Finance Manager in accordance with the rate established by the Local Agency Investment Fund.

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any eligible applicant, as set forth in section 6.20.030, shall have the option of satisfying the obligation to provide off-site improvements (as required by Tracy Municipal Code section 7.04.120, and City Council Policy No. G-2, authorized by Resolution No. 4190 on January 5, 1982), by establishing, to the satisfaction of the Public Works Director, any one of the following requirements have been met prior to the issuance of the building permit:

(a) The applicant executes an agreement, in a form first approved by the City, by which the applicant agrees to make off-site improvements (in accordance with Tracy Municipal Code section 7.04.120, and City Council Policy No. G-2, authorized by Resolution No. 4190 on January 5, 1982) prior to the issuance of the certificate of occupancy for the building.

(b) The applicant executes an agreement, in a form first approved by the City, by which the applicant agrees to make the following improvements prior to the issuance of the certificate of occupancy for the building:

(1) To the extent sidewalks which are located in the public right-of-way fronting the real property on which the building is located do not meet City Standards (as set forth in the City Design Documents as defined by Tracy Municipal Code section 12.08.010, and City Council Policy No. G-2, and hereinafter referred to as "City Standards") the applicant shall install, repair, or replace that portion of the sidewalks (measured from joint to joint) in accordance with City Standards; provided, however, that the applicant shall not be required to increase the width of any sidewalk unless required by State or Federal law.

(2) To the extent street trees and tree wells/grates which are located in the public right-of-way fronting the real property on which the building is located do not meet City Standards, the applicant shall install, repair, or replace street trees and tree wells/grates in accordance with City Standards; provided, however, that the applicant shall not be required to install any street tree or tree well/grate in any location where there is not an existing tree box or tree grate frame. Additionally, no applicant shall be required to install new automatic irrigation systems unless the building permit application includes the construction of a new building.

(3) To the extent the edge of the public right-of-way fronting the real property on which the building is located is not illuminated, to the satisfaction of the Community Development Director, in a manner which will promote security and safety, the applicant shall install, repair, or replace lighting (attached to the building) in accordance with City Standards.

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any eligible applicant, as set forth in section 6.20.030, shall be exempt from the requirement to pay development impact fees for streets and public buildings (as otherwise required by Tracy Municipal Code).

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

Any eligible applicant, as set forth in section 6.20.030, shall execute a promissory note, in a form first approved by the City, by which the applicant agrees to: (a) pay the Downtown Incentive Program Streetscape Fee (in an amount established by Implementing Resolution No. 97-114, adopted by City Council on April 15, 1997, or any duly authorized amendment thereto) in five (5) equal installments over a five (5) year period; and (b) pay interest on late payments in an amount fixed by the City's Finance Manager in accordance with the rate established by the Local Agency Investment Fund.

(§ 2, Ord. 954 C.S., eff. June 14, 1997)

The Downtown Incentive Program shall remain in effect until June 29, 2007.

(Ord. 1037 § 2, 2002)