HomeMy WebLinkAbout744 Parking Feey
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ORDINANCE NO. 744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UKIAH ADDING ARTICLE 5 TO CHAPTER 3 OF
DIVISION 8 OF THE UKIAH MUNICIPAL CODE
(IN LIEU PARKING FEE)
The City Council of the City of Ukiah does ORDAIN as
follows:
SECTION 1. Section 7388 is hereby added to the Ukiah Municipal
Code to read as follows:
Article 5 Parking District
Section 7388. In Lieu Parking Fees
a) Fees necessary
1) The area of Parking District #1 is currently
deficient in public parking facilities.
2) Proposition 13 has removed the property tax
as a financial base for providing parking facilities.
3) Construction or remodeling within Parking
District #1 where adequate parking cannot be provided
makes additional demands on already overtaxed parking
facilities.
4) It is desirable to allow full development
of many parcels within Parking District #1 and to
provide off-site parking.
5) It is desirable in certain cases to allow
variances from on-site parking requirements in Park-
ing District or other Parking District established
by the City Council and require instead the payment
of in-lieu fees to be used to develop additional
public parking.
b) Fee established
The City Council shall, after the effective date
of this ordinance and in January each year, upon
recommendation by the Parking Advisory Commission and
the Director of Public Works, adopt by resolution an
in-lieu parking fee which shall be based on the
estimated average cost of constructing a parking space
in the area of Parking District #1 or other Parking
District established by the City Council. In arriving
at the fee, the Council shall consider all costs,
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including land, paving, access and any other related
costs. The actual cost shall than be discounted for
potential revenues to the City and public benefit by
an amount equal to 30~ of the estimated average cost
to arrive at the in-lieu fee for the following fiscal
year.
c) Variance procedure
When, in the judgment of the Planning Commission,
any parcel of land within a Parking District may be
better utilized by allowing a reduction in the required
parking, the Planning Commission may, upon application
by the landowner, grant a variance from the parking
requirement and shall then require the payment of the
in-lieu fee for each space as established in Section
7388(b). In granting a variance the Planning
Commission shall be guided by the following criteria:
Upon a showing by applicant and a finding thereof
by the Planning Commission, a variance may be granted
on one or more of the following grounds:
1) The refusal to allow a variance would make a
proper use of the property unfeasible.
2) Physically impossibility or unsuitability
of the property to comply with on-site parking
requirement.
3) Proximity to an underutilized public parking lot
which would reduce the need for on-site parking.
4) Specific conditions exist which particularly
affect the subject property as opposed to other
properties in the District similarly situated.
5) Specific conditions exist as to the type of
business enterprise or use permitted by the Commission
and which may affect the need for on-site parking.
The burden shall be upon the applicant to demon-
strate to the Planning Commission the grounds upon
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which he bases his application for variance.
In the event the applicant believes that the action
of the Planning Commission results in practical diffi-
culties, unnecessary hardship and results inconsis-
tent with the general practice of this chapter, the
applicant may appeal the action of the Planning
Commission to the City Council by filing a notice of
appeal with the City Clerk. The Clerk shall advise
the Parking Advisory Commission who shall within 15
days consider the appeal and prepare its recommenda-
tion to the City Council. Upon receipt of the Parking
Advisory Commission report, the City Council shall
consider the matter based on the record developed
at the Planning Commission and Parking Advisory
Commission. The Council may then act to approve
or deny the variance and/or modify the requ~.red fee
and establish such conditions as the Council deems
proper to secure the purposes of this chapter.
d) Fee paid to special fund
All fees so collected shall be paid into a special
fund and shall be reserved for the express purpose of
constructing, or retiring debt for previous con-
struction of parking facilities to serve business
located within the Parking District from which the
fee was collected.
e) Parking plan
The City Council shell from time to time
adopt, by resolution, a Parking Plan for Parking
District #1 and for any other Parking District created
by the City.
SECTION 2. This ordinance shall be published as required by law
in a newspaper of general circulation published in the City
of Ukiah.
SECTION 3. This ordinance shall become effective 30 days after
its adoption.
PASSED AND ADOPTED this 16th day of April, 1980 by the
following roll call vote:
AYES: Councilmembers Riley, Feibusch, Snyder, Myers, Hickey
NOES: None
ABSENT: None
s/Hays Hickey
MAYOR
ATTEST:
s/Hattie Tillotson
City Clerk