Chapter 4.30
PARKING IN-LIEU FEES FOR THE CENTRAL COMMERCIAL ZONE

Sections:

4.30.010    Purpose.

4.30.015    Parking in-lieu fee area.

4.30.020    Calculating fees.

4.30.030    Change or cessation of use.

4.30.040    Ownership change—Dividing or merging properties.

4.30.010 Purpose.

This chapter establishes fees in lieu of providing on-site parking spaces within the parking in-lieu fee area as established by council through resolution, as provided in the zoning regulations (Section 17.16.060 of this code). Fees collected pursuant to this chapter shall become part of the parking fund and shall be used solely for the development or maintenance of parking that satisfies the demand requirements of new development projects within the parking in-lieu fee area. (Ord. 1422 § 2, 2002: Ord. 1101 § 3 (part), 1987)

4.30.015 Parking in-lieu fee area.

Properties located within the area enclosed by a bold solid line on the parking in-lieu fee area map may pay parking in-lieu fees as established by council, in lieu of providing required on-site parking spaces as outlined in Sections 17.16.060 and 17.42.020 of this code.

(Ord. 1487 § 2, 2006; Ord. 1422 § 3, 2002)

4.30.020 Calculating fees.

A. Amount of Fees. The amount of the fee for new construction additions to existing buildings and changes in occupancy shall be established by resolution of the city council.

B. The number of spaces required by the change in occupancy shall be the difference between the number required by the new use and the number required by the previous occupancy.

C. The demolition or removal of all or a portion of an existing building and its replacement with another structure of equal or less than the floor area of the original building shall not be considered new construction for purposes of this chapter. However, all floor area in an amount beyond that contained in the original building shall be considered an addition and fees shall be calculated accordingly. Changes in occupancy which require additional parking spaces and which occur in new construction or an addition within two years of final inspection of that new construction or addition shall be treated as new construction or addition for purposes of this chapter.

D. The per-space fee for new construction, additions or changes in occupancy must be paid by the following method:

In a lump sum, prior to the issuance of construction permits for the structure or occupancy for which the parking is required or prior to the issuance of a city business license for the activity for which the parking is required, if no construction permit is required. (Ord. 1411 § 1, 2002; Ord. 1101 § 3 (part), 1987)

4.30.030 Change or cessation of use.

Once a property is subject to an obligation for in-lieu parking fees, the following shall apply if the use is changed or discontinued:

A. If a structure is enlarged or a use is replaced with a use for which more parking is required according to the zoning regulations, the additional parking requirement may be met by paying additional in-lieu fees, as provided in Section 4.30.020 of this chapter.

B. If a structure is reduced in area, or wholly or partially becomes vacant, or a use is replaced with a use for which less parking is required according to the zoning regulations, there shall be no change in the obligation for parking in-lieu fees. There shall be no refund of a lump-sum payment nor an abatement of installment payments. Once satisfied, the obligation for parking in-lieu fees shall be deemed to meet the parking requirement for any structure or use in the same location having a parking requirement equal to or less than that for which the in-lieu fee amount was previously determined.

C. If a structure is destroyed, upon the property owner’s request the city shall refund the lump-sum payment or cancel the obligation for following installment payments. Any future structure or use at the same location would thereafter be required to meet the parking requirement as provided in the zoning regulations, which may include payment of a lump-sum in-lieu fee or commencing at the beginning of the installment payment schedule.

D. If a structure is replaced by a permanent structure intended for uses requiring fewer parking spaces than those in the previous structure, according to the zoning regulations, the city, upon the property owner’s request, shall refund the difference between the lump-sum payment for the previous structure and the lump-sum payment which would be due for the replacement structure or cancel the obligation for the proportionate number of spaces covered by installment payments. (Ord. 1101 § 3 (part), 1987)

4.30.040 Ownership change—Dividing or merging properties.

A change of ownership or the dividing or merging of properties shall not affect an obligation for parking in-lieu fees or a determination that parking requirements have been met according to fees paid for a particular use. (Ord. 1101 § 3 (part), 1987)