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Home My WebLink AboutORD-08-98 Amend Ch 17.34 Parking Fees in Downtown Plaza DistrictORDINANCE NO. 8- 98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 17.34 OF THE ORANGE MUNICIPAL CODE RELATING TO IN-LIEU PARKING FEES IN THE DOWNTOWN PLAZA DISTRICT.WHEREAS, the City Council recognizes and acknowledges the unique and historic aspects of the Downtown Plaza District, an area designed and constructed in an era prior to widespread use of the automobile, where, unlike contemporary development, much of a site is dedicated to parking and circulation, buildings generally cover most, if not all, of their building site; ,md WHEREAS, over the years, the increasing demand for parking in the Downtown Plaza District has been met through use of public streets and City-owned and operated parking lots; and WHEREAS, the City Council desires to assist in the preservation of the historic buildings in the Downtown Plaza District, while encouraging continued economic growth; and WHEREAS, the City desires to adopt an in-lieu parking fee program allowing property owners to pay a fee in-lieu of providing additional parking spaces otherwise required by Chapter 17.34 of the Orange Municipal Code for new development projects, new structures, the addition of new square footage to existing buildings (including the utilization of any outdoor area on private property for business purposes such as outdoor display, sales or dining); and WHEREAS, the City Council desires to use the in- lieu parking fees exclusively for the improvement of existing off-street parking facilities serving the Downtown Plaza District or the acquisition and development of off- street parking facilities located within or serving the Downtown Plaza District.NOW, THEREFORE, the City Council of the City of Orange does hereby ordain as follows:SE.{;TION I:Section 17.34.020 of the Orange Municipal Code is hereby deleted in its entirety and replaced with the following:17.34.020 Applicability. Except as olherwise provided in subparagraphs A and B, below,the regulations of 1his chapter apply to every building hereinafter erected, reconstructed, or structurally altered, and these regulations shall be the minimum requirements for all off-street parking and loading.A. Exception for Single-Family Residence. Any single-family dwelling which does not conform to the provisions of this additions or alterations which increase the original floor area by more than 25 percent or 500 square feet, whichever is greater, are carried out. B. Exception for Downtown Plaza District. The "Downtown Plaza District" means the geographic area consisting of all of the properties located within the eight block area bounded on the north by Maple Avenue, on the south by Almond Avenue, on the east by Grand Street and on the west by Lemon Street. The parking requirements of this chapter may be satisfied for new development projecls, new structures, or the addition of new square footage to existing buildings (including the utilization of any outdoor area on private property for business purposes such as outdoor display, sales or dining) on properties in the Downlown Plaza District, which create the need for additional parking, by the payment of fees as provided in Section 17.34.025, in lieu of providing all or part ofthe required off-street parking."SEQrION II:Section17.34.025 is hereby added to the Orange Municipal Code as follows:17.34.025 In-Lieu Parking Fees.A. For each new development project, new structure, or addition of new square footage to existing buildings (including the utilization of any outdoor area on private property for business purposes such as outdoor display, sales or dining) in the Downtown Plaza District requiring additional parking as specified in Section 17.34.060, the parking requirements of Section 17.34.060 may be satisfied by a one..time payment in-lieu of providing all or part of the required off-street parking. Such payments shall be called " in-lieu parking replenishment fees"and shall be established and may be adjusted, from time 10 time, by resolution of the City Council in accordance wilh the requirements of the Mitigation Fee Act (commencing with Seclion 66000 of the Government Code ofthe Stale of California).B. For each new development project, new stmcture, or addition of new square footage to existing buildings (including the utilization of any outdoor area on private property for business purposes such as outdoor display, sales or dining) in the Downtown Plaza District that woulld eliminate existing required parking spaces, the parking requirements may be satisfied by the provision of replacement parkingin accordance with Section 17.34. 060 or by a one-time payment in-lieu of providing all or part of the required off-street parking. Such payments shall be called "in-lieu parking replacement fees" and shan be established and may be adj usted, from time to time, by resolution of the City Council in accordance with the requirements of the Mitigation Fee Act (commencing with Seclion 66000 of lhe Govemment Code of lhe State of California).C. Each development project, new structure, or addition of new square footage to existing buildings (including the utilization of any outdoor area on private property for business purposes such as outdoor display, sales or dining) in the Downtown Plaza District, which both incr'~ase the parking requirement and eliminate existing required parklllg spaces, shall be required to pay an in- lieu parking replenishment fee D. All existing structures within the Downtown Plaza District, as of the effective date of this Section 17.34.025, together with any parking provided therefor, shall be deemed to have met the parking requirements of Section 17.34.060 and, in the event of a change of use in said existing stmctures (or any portion thereof) which would create the need for additional parking, neither the parking requirements of Section 17.34.060 nor the in-lieu parking fees shall apply to any additional parking spaces that may be required by a change of use.E. The Community Development Director of the City shall determine whether any person, firm or corporation shall have the in-lieu parking fee option available. In-lieu parking fees shall be applicable to a maximum of twenty (20) parking spaces, unless approved by the City Council.F. In-lieu parking fees shall be paid prior to the issuance of a building permit for a new development project, new structure, or addition of new square footage to existing buildings in the Downtown Plaza District.G. All in-lieu parking fees received by the City shall be deposited and maintained in a special fund, separate andapart from other city fi.tnds, and shall be administered, used and expended exclusively for the improvement of existing off-street parking facilities serving the Downtown Plaza District or the acquisition and development of off-street parking facilities located within or serving the Downtown Plaza District.H. This Section 17.34.025 shall not be or become effective unless and until the City Council has adopted the resolution (or resolutions) identified in subparagraphs A and B of this section."SE!;'TION III:Section 17.34.060 of the Orange Municipal Code is amended to add the following:TABLE 17.34. 060 C REQUIRED NUMBER OF PARKING SPACES FOR DOWNTOWN PLAZA DISTRICT *USE REQu[RED NUMBER OF SPACES Residential Studio - I space/unit One bedroom - 1.5 spaces/unit Two bedroom - 1.8 spaces/unit Three or more bedrooms - 2 spaces/unit parking spaces may be unenclosed Non-Residential 4 spac~:s/ I ,000 sq. ft. of gross building floor artla Downtown Plaza District includes propertJes within the eight block area bounded by Maple Avenue, Grand Street, Almond Avenue, and Lemon Street SID:;TIONIV: Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and (,very section, subsection, sentence, clause or phrase: not declared invalid or unconstitutional without regard to whether any portion of the ordinanee would be subsequently declared invalid or unconstitutional. SECTION V: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within 15 days after its passage in a newspaper of general circulation in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the filII text of the adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Govemment Code Section 36933. Adopted this 12th day of May 1998. 7 ATTEST: t ' 7- 7I;Z /-;:~"f Js1me Coontz, Mayor ,,,/I II 1{ J~ JCdfA/l~CassandraCathc , CIty Clerk OId No 8-98 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, Califomia, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 28th day of April __, 1998, and thereafter at a regular meeting of said City Council duly held on the 12th day of _ May , 1998, was duly passed and adopted by the following vote, to wit: AYES: COUNCIL MEMBERS: MURPHY, Sl,ATER, COONTZ, SPURGEON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ALVAREZ ABSTAIN: COUNCIL MEMBERS: NONE l1"~M~ Cd/'A4- r-Cassandra Cath , City Clerk TJR: dg 5 OIdNo