HomeMy WebLinkAboutCity Council - 2010-49 RESOLUTION NO 2010-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING AN IN-LIEU PARKING FEE
AND IMPLEMENTATION PLAN FOR DISTRICT 1 OF THE
DOWNTOWN SPECIFIC PLAN
WHEREAS the Downtown Specific plan provides that parking requirements may be met
by payment of an in-lieu fee pursuant to Section 3 2 26 11 of the Downtown Specific Plan and
Section 231 10 of the Huntington Beach Zoning and Subdivision Ordinance, and
The City Council has determined that an in-lieu parking fee is necessary to create future
parking opportunities, and to facilitate vehicular traffic and pedestrian movement as part of the
Downtown Specific Plan and
The Downtown Specific plan requires business owner(s) to provide parking for a new
commercial use in District 1 if fifty-percent or more of an existing non-conforming structure is
demolished and reconstructed The parking requirements may be met by payment of an "in-lieu
fee, and
The fee creates opportunities for additional parking, including but not limited to,
programs such as valet, re-striping, shuttle trolley, and other similar programs resulting in the
provision of additional parking or construction of surface or structured parking and associated
design costs in District 1 of the Downtown Specific Plan, 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 I The City Council hereby sets an in-lieu parking fee of $27,350 00 per
parking space as required by Section 3 2 26 1 1 of the Downtown Specific Plan The fee shall be
automatically adjusted on October 1" of each year by the amount of percentage increased or
decreased (not to exceed 3%) in the 3-year rolling average of the Annual California Department
of Transportation Price Index for Selected Highway Construction Items beginning with a
baseline index of 244 8
SECTION 2
(a) The fee may be paid in a lump sum, or on a maximum of up to a 15-year term, subject
to a variable annual interest rate equal to that of the Fed Funds Rate plus 500 basis
points The interest rate shall be set on October I of each fiscal year All agreements
signed during the fiscal year shall use the October 1 set rate of interest If on the
following October 1, the interest rate is changed, the next year s billing for all parties
would be based on the new interest rate
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Resolution No 2010-49
(b) 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 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) A conditional use permit application shall be accompanied by a draft In-Lieu Parking
Fee Agreement 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 hen recorded against the property), and
any other terms and conditions deemed appropriate by the City If the conditional use
permit is approved, the Agreement shall be reviewed and approved as to form and
content by the City Attorney prior to recordation with the County of Orange The
Agreement shall run with the land A copy of the recorded document shall be
submitted to the Planning and Building Department for inclusion in the subject file
prior to issuance of a Certificate of Occupancy or building permit whichever occurs
first
(d) 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 financial participation at its
sole and absolute discretion 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 reviewed by the Agency Counsel and submitted to the Planning
and Building Department for inclusion in the conditional use permit file prior to
issuance of a Certificate of Occupancy or building permit, whichever occurs first
(e) Payment of the m-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) In the event of installment payments, the first payment shall be made 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 Agreement Notification to the private
property owner of each annual payment shall be provided by the City Treasurer
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Resolution No 2010-49
(g) The City Treasurer shall deposit all fees collected from the property owner in a
separate fund The funds shall be used only for creating opportunities for additional
parking including but not limited to, programs such as valet re-striping shuttle
trolley and other similar programs resulting in the provision of additional parking or
construction of surface or structured parking and associated design costs in District 1
of the Downtown Specific Plan
(h) Subsequent to conditional use permit appro`al 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 be permitted if the approved number of parking spaces does not increase
SECTION 3 Implementation of the In Lieu Parking Fee Program shall be the
responsibility of the Departments of Planning and Building, and Economic Development
SECTION 4 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 Planning and Building Department for inclusion in the conditional
use permit file
SECTION 5 The Director of Planning and Building or his/her assignee is authorized to
execute documents (unless otherwise noted) to effectuate the above implementation measures
and the In-Lieu Parking Fee Program
SECTION 6 City Council Resolutions No 6720 and 6721 are hereby repealed
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 thday of July , 2010
Alf A.#-A A
M or
REVIE tz
APPROVED INITIATED AND APPROVED
City din istrator Director of Planning and Building
APPROVED AS TO FORM
Ci Attorney 4 y-1 (�}
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Res No 2010-49
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I JOAN L FLYNN 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 July 19, 2010 by the following vote
AYES Carchio Hardy Bohr Dwyer Hansen
NOES Green
ABSENT Coerper
ABSTAIN None
cl� /�501/j4mgq
Vy Clerk and ex-offs Clerk of the
City Council of the City of
Huntington Beach California