Chapter 3.36
PARKING EXCEPTION FUND

Sections:

3.36.010    Parking fund.

3.36.020    Parking space—Value determination.

3.36.030    Parking exception—In-lieu certificate issuance.

3.36.040    In-lieu certificate—Disposition of funds.

3.36.050    Findings and conditions.

3.36.010 Parking fund.

There is created the parking fund for the purpose of depositing and disbursing of funds received under the provisions of this chapter. The funds deposited therein shall be used only for the acquisition and improvement of public parking facilities. When funds are received and deposited from businesses or properties within the West Side Specific Plan boundaries, such funds shall be used for the acquisition and improvement of public parking facilities within the same West Side Specific Plan geographic subarea from which they were received. However, if the City Council finds that insufficient funds exist for the acquisition and improvement of a feasible public parking facility in the geographic subarea, and it is unlikely that sufficient funds will become available within a reasonable time, the City Council may authorize the funds to be expended in another West Side Specific Plan geographic subarea. (Ord. 1159 § 3, 1994: Ord. 701 § 1 (part), 1970)

3.36.020 Parking space—Value determination.

The City Council shall establish the cost of an in-lieu parking certificate in the Uniform Fee Schedule based on the value of a fully improved off-street parking space. The value shall be based on the Parking Study dated June 11, 1999 and shall reflect cost of living increases. (Ord. 1270 § 2, 1999: Ord. 701 § 1 (part), 1970)

3.36.030 Parking exception—In-lieu certificate issuance.

The Zoning Administrator may grant a parking exception and issue an in-lieu parking certificate for two or fewer parking spaces. The Planning Commission may grant a parking exception and issue in-lieu parking certificates for three or more parking spaces using the Use Permit process outlined in Chapter 18.124 of this Code subject to the findings contained in Section 3.36.050 of this chapter. (Ord. 1270 § 3, 1999: Ord. 701 § 1 (part), 1970)

3.36.040 In-lieu certificate—Disposition of funds.

All funds received from the purchase of in-lieu certificates shall be deposited in the parking fund provided for in Section 3.36.010. (Ord. 701 § 1 (part), 1970)

3.36.050 Findings and conditions.

A. The Zoning Administrator or the Planning Commission, as applicable, may grant a parking exception and issue in-lieu certificates in accordance with this chapter if, from the application or the facts presented at the public hearing, he or it finds:

1. The site is within the West Side Specific Plan area and is within five hundred feet of an existing or planned public parking facility of at least ten parking spaces as outlined in the General Plan or other City report.

2. The parking exception is in the interests of the public health, safety and welfare.

3. On-site or shared parking opportunities are not available or feasible.

B. The Zoning Administrator or Planning Commission, as applicable, may impose such reasonable conditions or restrictions and may require guarantees and evidence that such conditions are being, or will be, complied with.

1. The applicant shall purchase in-lieu parking certificates, if granted, equal to the amount of the parking space deficit unless a separate parking exception is obtained under Chapter 18.140 of this code, for the amounts outlined in Section 3.36.020 of this chapter and the Uniform Fee Schedule.

2. The applicant shall be required to participate in any future parking assessment district, with credit given for in-lieu certificates. (Ord. 1270 § 4, 1999: Ord. 701 § 1 (part), 1970)