HomeMy WebLinkAbout96-102 - Mid-Town In-Lieu Parking Fee District5O3
RESOLUTION NO. 96-102
A RESOLUTION OF THE CITY COUN'CIL OF THE
CITY OF SANTA ANA ESTABLISHING THE MID-
TOnSil' IN-LIEU P/~KING FEE DISTRICT
WHEREAS, the City Council of the City of Santa Ana is in the
process of approving the adoption of the "Midtown Specific Plan"
covering an area bounded by property on the west side of Broadway
on the west and property on the east side of Bush Street in the
east, by Civic Center Drive on the south, and by Seventeenth Street
on the north, and is rezoning such area to the SD (Specific
Development Zone); and
WHEREAS, the "Midtown Specific Plan" calls for the establish-
ment of an in-lieu parking fee district with the southern portion
of the area covered by the said plan to allow for relief from
parking code requirements for those property owners who cannot
provide on-site parking; and
WHEREAS, the city Council is likewise in the process of
amending the zoning regulations of the City to add section 41-1310
thereto to allow for the establishment, by resolution of the City
Council, of 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 the zoning
regulations 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; and
WHEREAS, the city Council does now desire to establish an in-
lieu parking fee district for a portion of the area covered by the
Midtown Specific Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. Pursuant to section 41-1310 of the Santa Ana Municipal
Code, there is hereby established the "Midtown In-lieu Parking Fee
District, consisting of that area shown an the map attached hereto
as Exhibit A, and incorporated herein by reference. The provisions
of said section 41-1310 are incorporated herein by reference.
2. In fiscal year 1996-1997, the total in-lieu parking fee
shall be $6000.00 for each parking space for which an off-street
parking credit is to be granted.
3. The fee shall be paid in annual installments over a period
of twelve years. The initial payment shall be paid prior to the
issuance of any certificate of occupancy and shall be for the first
RESOLUTION 96-102
Page 2
year. In fiscal year 1996-1997, the amount of the initial payment
shall be $500 per parking space and the balance of the obligation,
in a principal amount of $5500.00 per parking space, shall be for
the remaining eleven years, payable in installments of $500.00 per
parking space per year, and shall be evidenced by a promissory note
by the property owner to the city, secured by a deed of trust on
the property in favor of the City as beneficiary, duly executed and
dellvered to the City prior to the issuance of any certificate of
occupancy. The note and deed of trust shall be subject to the
following terms and conditions:
ao
The note shall not bear interest, but shall provide
for a late charge for the late payment of any
installment in an amount equal to ten percent of
the amount of the installment payment.
b. Payment shall be due on the commencement of the
year to which it pertains.
The City shall have the option to call due the
balance of the note in the event of any default in
the payment of any installment, or in the event
that the owner sells, coveys or alienates the
property or any part thereof or any interest there-
in or shall be divested of title or interest in any
manner, without the consent of the City.
The owner shall have the right to prepay the note
or any portion thereof at any time without penalty.
The note and deed of trust shall contain such other
provisions as are normal and customary, in the
opinion of the City Attorney.
4. In each fiscal year following the 1996-97 fiscal year,
sections 2 and 3 shall apply the same as in fiscal year 1996-97,
except that the amounts specified in those sections shall be
automatically increased, as of July 1 of each such fiscal year,
equivalent to the percentage increase, if any, in the Consumer
Price Index for All Urban Consumers (CPI-U) as published by the
United States Department of Labor for the Los Angeles-Anaheim-
Riverside area, using the most recent December-to-December CPI-U
comparisons.
5. This resolution shall become effective at such time as an
ordinance of the city adding section 41-1310 to the Santa Ana
Municipal Code becomes effective.
RESOLUTION 96-102 ~0~
Page 3
ADOPTED this 18th
ATTEST:
~l~eo~' t~UeYco~ncil~/
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Ave
McGuigan Aye
Mills Absent
Moreno Aye
day of
November , 1996.
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
q~ - /O ~ to be the original resolution adopted by the City Council of the
City of S~m Ana on
Date: /I/~¢&
~h~. ~C~
e Co~ncil/~'-
City of Santa Ana ~ /
~07
Chi LIMITED W~U FA 01~ R']NG
LIGHT INOUSTRIAL
-PO P~NED OEV~W~T
-PRD P~N~ ~$iO~ DEV.
MIDTOWN IN-LIEU PARKING DISTRICT
EXHIBIT A