31A - CUP 2010-01 - 500 W SANTA ANA BLVD

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ARTICLE XV.QFF-STREET PARKING Page 5 of 19 a. The number of parking spaces required for each use shall be determined separately. b. Except as provided in sections 41-1390 and 41-1391, ancillary activities or uses within a single tenant space not exceeding fifteen (15) percent of the gross floor area shall be calculated at the parking ratio of the primary use. (3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the higher standard shall apply. (4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1 }seat. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 8, 12-15-97; Ord. No. NS-2404, § 2, 9-20-99) Sec. 41-1310. In-lieu parking fee districts. (a) The city council may, by resolution, establish one (1) or more in-lieu parking fee districts ' whereby property owners within any such district may receive a credit toward the number of off- street parking spaces otherwise required by this article by the payment of an in-lieu parking fee to be used by the city for the future provision of public parking facilities serving the district. (b) Eligibility for the reception of an off-street parking credit shall be limited to: (1) the use and occupancy of existing buildings which lack sufficient parking spaces on site to satisfy the requirements of this article and which no longer have such status as a nonconforming use or nonconforming building which would allow them to be used and occupied without the provision of such parking; and (2) the intensification of use in an existing building. Such eligibility shall not extend to new building construction, nor to additions to existing buildings or the reconstruction of existing buildings even if such reconstruction does not increase existing or previous occupant load. (c) Any resolution of the city council establishing an in-lieu parking fee district shall set forth the fee to be charged for each parking space for which an off-street parking credit shall be granted to an owner of eligible property within the district. Such resolution may also set forth such provisions as the council may determine appropriate for payment of the fee in installments over a period of years. The responsibility for such installment payments shall run with the ownership of the property. (d) All revenues received by the city from the payment of in-lieu parking fees from owners of property within an in-lieu parking district shall be maintained in an account separate and apart from other city funds. Moneys in such account may be expended solely for the purpose of providing additional public parking in the district. (e) No owner of property within an in-lieu parking fee district may receive any off-street parking credit pursuant to this section except pursuant to a parking plan approved for that property by the executive director of the community development agency of the city or his or her designated representative. The parking plan shall specify the number of parking spaces required to be provided on the property and the number of parking spaces for which off-street parking credits are granted. (f) A parking plan may be revoked by the executive director of the community development agency of the city or his or her designated representative for failure by the owner of that property to pay installment payments on the in-lieu parking fee due for that property, and shall be reinstated upon the payment of all installments due. During such time as a parking plan is revoked: (1) the property shall not be credited with off-street parking credits for purposes of http://library2.municode.com/default-test/DocView/ 1 44 5 2/1 /2 5 0/2b5 1/28/2010 31 A-50