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HomeMy WebLinkAbout841ORDINANCE NO. 841 AN ORDINANCE OF TItE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 5, CHAPTER 3, DIVISION 8 OF THE UKIAH MUNICIPAL CODE TO ELIMINATE THE iN-LIEU PARKING FEE FOR PARKING DISTRICT #1 The City Council of the City of Ukiah does hereby ordain as follows: Section 1: Article 5, section 7388 of the Ukiah Municipal Code is hereby amended to read as follows: Section 7388 - Variance Procedure a) Variance necessary 1) It is desirable to allow full development of many parcels within Parking District #1 and to provide off-site parking; and 2) It is desirable in certain cases to allow variance from on-site parking requirements in Parking District #1 or other Parking Districts established by the City Council. b) 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. 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) Physical impossiblity or unsuitablity 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 ~arking; 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 ~o demonstrate to the Planning Commission the grounds which he based his application for variance. The applicant may appeal the action of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within Ten (I©) days of the Planning Commission decision. The City Council shall consider the appeal at a hearing held as provided ~n section 9235. - 201 2O2 c) The City Council shall from time to time aacp~, 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 publi'shed in the City of Ukiah. ~ Section 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this ]Tth day of by the following roll call vote: October , 1984, AYES: Councilmembers Henderson, Kier and Mayor Myers NOES: None ABSENT: Councilmember Kelley and Hickey : ,,I ' . /" ' . ///I ~.',._. °' btAYOR ' ATTEST: