Chapter 33 — PARKING IN-LIEU FEES

This chapter establishes fees in lieu of providing on-site parking spaces within designated parking in-lieu fee areas. (Ord. 1574, 10-2-2018)

Any property owner of a property located within a parking in-lieu fee area identified below may pay parking in-lieu fees as established by the City Council, in lieu of providing required on-site parking spaces as outlined in section 1515-6 of this title or applicable specific plans.

PARKING IN-LIEU FEE AREAS

• A. Smoky Hollow Specific Plan area

• B. Downtown Specific Plan area

• (Ord. 1574, 10-2-2018; amd. Ord. 1661, 5-21-2024)

A. Timing Of Payment: The parking in-lieu fee must be paid before the City issues a Certificate of Occupancy for the project or formally approves the project when such project does not require a Certificate of Occupancy. In addition, the parking in-lieu fee may be paid over a period of time, as approved by City Council resolution. B. Use Of Funds: Funds collected by the City from such payments must be deposited in a separate fund and may not be commingled with any other City fund. Monies from the In-Lieu Fund may only be used for acquiring, developing and maintaining additional on-street and off- street parking and parking facilities within or adjacent to the area where they are collected. Funds paid to the City for in-lieu parking are non-refundable.

C. Written Agreement/Contract Required: Notwithstanding any other provision of this chapter, payment of the parking in-lieu fee must be provided by means of a written contract with the City. The contract must meet requirements identified by City Council resolution and approved as to form by the City Attorney. (Ord. 1574, 10-22018)

Payment of a parking in-lieu fee does not provide or vest any property owner with a special right, privilege or interest of any kind in any parking facility that may result from the payment of the fee. The City retains sole discretion to decide when and how the fees will be spent in accordance with this chapter. The City retains sole discretion to determine where and when it will build parking, and the City is under no obligation to, and makes no such representation that it will, build parking in a location near the fee payer's property or that is advantageous to the fee payer. (Ord. 1574, 10-2-2018)

Requests to pay parking in-lieu fees for more than 50 percent of the required parking spaces for a property or project as outlined in section 15-15-6 of this title or applicable specific plans must be approved by the Director at his or her discretion. The Director must consider potential impacts to the surrounding area when deciding whether to approve such a request. The Director’s decision may be appealed to the Planning Commission pursuant to section 15-29-2 of this title. (Ord. 1574, 10-2-2018; amd. Ord. 1661, 5-21-2024)