Article 2 — Central Business District Parking Zone

To ensure that uses established within the central business district parking zones meet minimum off-street parking standards outlined under Chapter 17.34 of the Visalia Municipal Code or, that such uses pay an in-lieu fee for future downtown parking facilities. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001: prior code § 7437)

This article shall apply to the central business district parking zone A and central business district parking zone B as indicated by the central business district parking zone map on file with the city clerk. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001: Ord. 97-20 §§ 1, 2, 1997: prior code § 7438) 17.30.030

A. Any person who, after the effective date of this article, seeks to construct any new building or structure or make alterations and/or enlargements of existing uses shall provide off-street parking in proportion to the need created by the land use requirements outlined in Visalia Municipal Code Section 17.34.020.

In the case of alterations and/or enlargements of existing uses, or a change of uses within an existing structure, Section 17.34.020 parking space requirements shall apply only to the additional use as specified in Section 17.34.090, based on the last previous use of the property or structure.

If off-street parking spaces are not provided in accord with Section 17.34.020, a parking in-lieu fee shall be assessed by city in the manner and amount as set forth in this article.

B. Parking in-lieu fees may be used in-lieu of providing the required parking spaces under Section 17.34.020 for real properties within central business district parking zones. Parking in-lieu fees may replace up to one hundred (100) percent of the required on-site parking spaces for real properties within the central business district parking zone A. Parking inlieu fees may be used to replace up to fifty (50) percent of the required on-site parking spaces for real properties within the central business district parking zone B. A minimum of fifty (50) percent of the on-site parking required, under Section 17.34.020, shall be provided in the central business district parking zone B.

C. No permit for any activity requiring provision of off-street parking or payment of in-lieu fees shall be issued unless and until the off-street parking is included in the proposed plans and specifications or the in-lieu fee required has been paid or provided for payment as set forth in this article. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001: prior code § 7439)

A. The city council shall establish by resolution, a parking in-lieu fee calculated to provide the sum of money necessary to provide future public parking facilities that will benefit the proposed use. Such fee shall be conditional and

based on the following findings by the city council:

1. That the parking in-lieu fee is proportionate to the cost of acquiring land and constructing off-site parking; and

2. That the parking in-lieu fee is fairly apportioned on the basis of benefits conferred on the property developed or to be developed or on the need for off-street parking created by proposed or existing development of property.

B. The parking in-lieu fee shall be that amount as established by resolution of the city council. Effective July 1, 2002 and each July first thereafter, the in-lieu fee shall be adjusted in accordance with the following criteria:

1. On April 1st of each year the city engineer shall review the current Engineering News Record Construction Cost Index (ENRCCI) for the cities of Los Angeles and San Francisco, California. When the average of such indices differs from the average of the indices for the preceding April 1st, the factor of increase or decrease shall be applied to the in-lieu fee. Such factor shall be computed by dividing the average ENRCCI for the current April 1st by that pertaining to the previous April 1st. The parking in-lieu fee rate may be multiplied by the factor to determine the adjusted parking in-lieu fee rate. The city engineer shall present the new fee rate for adoption by resolution of council after at least one public hearing.

2. If in the determination of the city engineer the adjustment of the in-lieu fee produced by the procedure in subsection (B)(1) of this section is not representative of the actual changes in costs of parking facilities, the city engineer may, in lieu of the procedure set forth in said paragraph, compute a new parking in-lieu fee rate for adoption by resolution of the city council. The city council may adopt the new fee rate upon a majority vote after at least one public hearing.

3. In the event of the adoption of a new schedule of fees by resolution of the city council, such new schedule shall become effective sixty (60) days after the adoption thereof by the city council. The adjustment of such schedule provided in subsection (B)(1) of this section shall begin the April 1st next occurring after adoption of the schedule. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001)

A. The fee payer shall pay the in-lieu fee required by this article to the city prior to the issuance of a building permit or certificate of occupancy. In the case where such fees are due by virtue of a change or expansion of use that does not require a certificate of occupancy, payment shall be due before such change or expansion takes place. 17.30.040

B. All funds collected shall be properly identified and promptly transferred for deposit in a parking in-lieu fee fund and used solely for the creation of additional parking within the central business district parking zones as set forth in this article. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001)

A. Notwithstanding the requirements of Section 17.30.040, the payment of the required parking in-lieu fees may be made in ten (10) equal installments as follows:

1. The first ten (10) percent installment shall be due at the time a building permit or certificate of occupancy is issued and/or intensification or initiation of use that causes the fee to be assessed.

2. The remaining ninety (90) percent shall be paid in twenty (20) percent installments annually on the anniversary of the first installment. The interest rate shall be a fixed rate computed initially on the basis of an interest rate equal to the most recently calculated average annual interest received on all of the city's investment funds plus two (2) percent.

B. Any portion of the in-lieu fee that is not paid prior to the issuance of a building permit, certificate of occupancy and/or intensification or initiation of use that causes the fee to be assessed, and alternatively employs the payment method outlined in subsection A of this section, shall be adequately secured. Such security shall be subject to approval by the city manager or his/her designee and shall be one of the following types:

1. A bond or bonds by one or more duly authorized corporate sureties; or

2. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, or money or negotiable bonds of the kind approved for securing deposits of public moneys; or

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit by such a financial institution; or

4. A note secured by a deed of trust in real property. If the deed of trust is subordinate to other deeds of trust against the property, the total encumbrances against the property, including the proposed subordinate deed of trust, shall not exceed eighty-five (85) percent of the appraised value of the

property. The applicant requesting such type of security shall obtain, at its expense, an appraisal of the property by a certified real estate appraiser.

5. Rolling the balance due, including interest, to the property tax roll. This method is only available to the owner of the property, or in the case of a leasehold or rental interest, with the property owner's consent. Owner shall work with the Finance Department of the city and execute the documents necessary to implement this alternative. The placement on the property tax roll may cause the second installment payment to occur earlier or later than one year after the initial payment depending on the timing of the placement on the property tax roll. The collection on the property tax roll shall not preclude the earlier payment of the balance due.

partment of the city and execute the documents necessary to implement this alternative. The placement on the property tax roll may cause the second installment payment to occur earlier or later than one year after the initial payment depending on the timing of the placement on the property tax roll. The collection on the property tax roll shall not preclude the earlier payment of the balance due.

6. Notwithstanding the requirement for security as prescribed in this subsection, the city manager or his/her designee may allow the owner-applicant to make the installment payments on the anniversary of the first installment without the requirement of security described herein subject to a signed agreement that provides that should any installment payment become thirty (30) or more days delinquent, that installment and accrued interest shall be placed on the property tax roll. Any remaining installments due and owing shall continue to become due on the anniversary of the initial installment and are subject to being rolled to the tax role if not paid within thirty (30) days of when due. The collection on the property tax roll shall not preclude the earlier payment of the balance due.

C. The ten (10) equal installment plan shall be contingent upon proper security and subject to the execution of a covenant accepting the terms of the approval, in a form approved by the city attorney, which covenant shall run with the land and be recorded with the county recorder by the city clerk. (Ord. 2017-01 (part), 2017: Ord. 2008-06 § 1, 2008: Ord. 2002-01 § 2, 2001)

A. Fees collected pursuant to this article shall be deposited by the city in a special fund entitled "central business district parking zones parking in-lieu fund," which is established.

B. The central business district parking zones parking in-lieu fund shall be used exclusively for the purpose of acquiring and developing off-street parking facilities to serve the central business district parking zones. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001)

A. In-lieu fees collected under this article shall be deposited into the central business district parking zones parking inlieu fund and committed, either by the formation of an improvements district or by allocation to a project.

B. For the fifth fiscal year following the first deposit into the fund, and every five years thereafter, the city shall make all of the following findings with respect to the portion of the fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements;

4. Designate the approximate date on which the funding anticipated to complete financing of incomplete improvements is expected to be deposited into the appropriate account or fund.

C. The findings in Subsection B need only be made for moneys in possession of the city, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date.

D. When sufficient funds have been collected to complete financing on incomplete public improvements for which the fund was established, and the improvements remain incomplete, the city shall identify, within one hundred eighty (180) days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced. If this determination is not made in the time and manner outlined herein, the unexpended portion of the fees collected shall be refunded to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, and any interest accrued thereon, less a five percent administrative fee as compensation for collection of the fee and administration of this article.

E. The refund of unexpended revenues may be by direct payment, by temporary suspension of fees, or by any other reasonable means adopted by resolution of the city council.

F. If the administrative cost of refunding unexpended revenues exceeds the amount to be refunded, the city council, after a public hearing, notice

of which has been published pursuant to Government Code Section 6061, and posted in three prominent places within the central business district parking zones, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and that serves the project on which the fee was originally imposed. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001: prior code § 7439.1)

A. Exemptions. The following shall be exempted from payment of the parking in-lieu fee:

The first one thousand five hundred (1,500) square feet of gross building area of existing buildings where occupancy is changing to a more intensive use. This exemption shall not apply to residential uses converting to office or commercial uses.

B. Credits/Transfer. The following credits shall be made against required parking in-lieu fees and subject to the following transfer restrictions:

1. Credit for prior parking in-lieu fee installments for a new use or expansion thereof if installments are current.

2. In the event that a lessee making payments pursuant to this section ceases to occupy the leased premises prior to making the full parking in-lieu fee payments, no parking in-lieu fee credit may be transferred unless the owner or new tenant assumes the obligation to pay the remaining installments.

3. No refund of such payments shall be made when there is a change to a use requiring less parking.

4. Parking in-lieu fees paid for pursuant to the provisions of this article shall be assigned only to the property for which the building permit or certificate of occupancy was issued and shall not be assigned or transferred for use on any other property. (Ord. 2017-01 (part), 2017: Ord. 2001-03 § 5 (part), 2001: prior code § 7440)