HomeMy WebLinkAboutCity Council - 6721 RESOLUTION NO. 6721
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH
ADOPTING AN IMPLEMENTATION PLAN
FOR THE ESTABLISHED IN-LIEU PARKING FEE
WHEREAS, the Downtown Specific Plan provides that parking requirements may be met
by payment of an "in-lieu" fee pursuant to Section 4.2.01(d), Section 4.2.13(c), and
Section 23 1.10 of the Huntington Beach Zoning and Subdivision Ordinance; and
The City Council of the City of Huntington Beach has established an in-lieu parking fee by
Resolution No. 6522 for implementation of the Downtown Specific Plan to facilitate traffic and
pedestrian movement, and future opportunities for additional parking; and
A plan for implementation and allocation of the fee is necessary to effectuate the program,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1.
(A) That the in-lieu parking fee has been established by the City Council. The fee shall
be $12,000.00 per parking space. The fee may be paid in a lump sum, or paid by
annual installment payments over a 1 S-year period ($500.00 per year per space,
adjusted annually as described in Resolution No. 6720
(B) That any private property owner who requests to participate in the In-Lieu Parking
Fee Program shall submit an application for a conditional use permit, which shall
be presented to the Planning Commission for review and approval. The
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conditional use permit application shall request the establishment of the proposed
use, indicate the number of parking spaces required for the proposed use, and the
proposed extent of participation in the In-Lieu Parking Fee Program.
(C) That the conditional use permit application shall be accompanied with a draft In-
Lieu Parking Fee Agreement/Covenant specifying the total number of parking
spaces required, the amount of spaces to be provided by payment of the in-lieu fee,
the total in-lieu fee payment, the proposed payment schedule if applicable, the
mechanism to secure subsequent annual payments (for instance, a bond or a
secured lien recorded against the property), and any other terms and conditions_ If
the conditional use permit is approved, the Agreement/Covenant shall be reviewed
and approved as to form and content by the City Attorney's Office and then
recorded with the County of Orange. The Agreement/Covenant shall be recorded
with the property and run with the land unless otherwise modified by the City. A
copy of the recorded document shall be submitted to the Community Development
Department for inclusion in the subject file prior to issuance of a Certificate of
Occupancy or building permit, whichever occurs first.
(D) That if the conditional use permit application is approved, the private property
owner may submit a written request for financial participation to the
Redevelopment Agency. The Economic Development Department shall process
the request for the Agency's financial participation and present it to the Agency for
consideration. The Redevelopment Agency may or may not agree to provide
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financial participation. If the Redevelopment Agency agrees to financially
participate, the percentage of financial participation shall be included, along with
any other terms and conditions, in a Financial Participation Agreement between the
private property owner and the Agency. A copy of the Financial Participation
Agreement shall be submitted to the Community Development Department for
inclusion in the conditional use permit file prior to issuance of a certificate of
occupancy or building permit, whichever occurs first.
(E) That payment of the in-lieu fee shall be the responsibility of the private property
owner. The in-lieu parking fee shall apply only to private property, not public
property.
(F) That in the event of installment payments, the first payment shall be paid by the
private property owner prior to issuance of a certificate of occupancy or building
permit, whichever occurs first. Subsequent payments may be made on an annual
basis upon the one-year anniversary of the first payment. Payments shall be
received no later than 30 days after the due date. Failure to pay in a timely manner
may result in revocation of the conditional use permit and foreclosure upon the
security mechanism as provided in the In-Lieu Parking Fee Covenant. Notification
to the private property owner of each annual payment shall be provided by the City
Treasurer.
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(G) That all fees collected from the property owner shall be deposited in a separate
fund by the City Treasurer. The funds shall be used only for creating
opportunities for additional parking (e.g., valet, re-striping, etc.) or construction of
surface or structured parking in the Downtown Specific Plan area.
(H) That subsequent to conditional use permit approval for participation in the In-Lieu
Parking Fee Program, a change of use located on the same parcel or within the
same suite may only he permitted if the approved number of parking spaces does
not increase.
SECTION 2. That implementation of the In-Lieu Parking Fee Program shall be the
responsibility of the Community Development Department. If the Redevelopment Agency
approves a financial participation agreement, the Agency shall provide all documents necessary to
effectuate its participation and forward the documents to the Community Development
Department for inclusion in the conditional use permit file.
SECTION 3. That the Director of Community Development or his/her assignee is
authorized to execute all necessary documents (unless otherwise noted) to effectuate the above
implementation measures and the In-Lieu Parking Fee Program.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20thday of xw 1995.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City,Attorne
I-AS'fs�
REVIEWED APPROVED: INITIATED AND APPROVED:
y or Director of CommurtiK Development
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Res. No. 5721
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven;that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 20th of November, 1995
the following vote:
AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff,
NOES: Councilmembers: Green, Garofalo
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
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