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HomeMy Public PortalAboutOrdinance 12-9591 1 1 ORDINANCE NO. 12 -959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING SECTION 9290.5 TO ARTICLE J OF CHAPTER 1 OF TITLE 9 OF THE TEMPLE CITY MUNICIPAL CODE REGARDING CONCESSION AGREEMENTS FOR OFF STREET PARKING THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council determines and finds as follows: A. Based on testimony received from residents and business owners over the course of several years, and the commission of parking studies, the Council determines there to be a shortage of off street parking within the City sufficient to meeting the reasonable needs of residents, visitors to the City, and employees and customers of businesses within the City. The Council finds the off street parking shortage to be detrimental to the health, safety and welfare of the residents and business of the City. B. In an attempt to alleviate the off street parking shortage, the City has acquired and developed several public parking lots in the downtown area, has allowed for resident parking by permit on several streets, has allowed loading zones for businesses, and has encouraged modes of travel other than by automobile. Despite these efforts, a shortage of available off street parking remains within the City. C. It is therefore necessary for the City to initiate additional programs to encourage new and creative means of addressing the off street parking shortage. The Council finds that it serves a public purpose to enter into Parking Concession Agreements to either (1) reduce the off street parking requirements for a project in exchange for other improvements or fees that will increase parking opportunities for the benefit of the general public or that will significantly reduce the off street parking demand generated by the project or (2) provide an excess of off street parking available to the general public in exchange for concessions regarding site design or other requirements imposed under Title 9 of the Municipal Code. Section 9290.5 of Title 9 of the Municipal Code is added to accomplish this purpose. SECTION 2. Addition of Section 9290.5 of Title 9 of the Municipal Code. Section 9290.5 is added to Article J of Chapter 1 of Title 9 of the municipal code and reads as follows: 9290.5: PARKING CONCESSION AGREEMENTS: A. General. Pursuant to authority granted by Section 400 of the Temple City Charter, and the other parking standards and requirements of Article J, Title 9 notwithstanding, the city may enter into an agreement with an owner or developer of a facility that would require off street parking ( "Parking Concession Agreement "). Through the Parking Concession Agreement the city may grant to the owner or developer of the project, as provided in this section, either (1) a decrease in the off street parking requirements that would otherwise be required for the project under the provisions of Article J of Title 9 ( "Off Street Parking Reduction "); or (2) certain concessions related to site design standards or other zoning standards under the provisions of Title 9 that would otherwise be imposed upon the project ( "Site Development Standards "). B. Review and Approval. The Community Development Director, or his /her designee shall develop an application form for a Parking Concession Agreement. The City Council shall determine a permit fee, to be established by Resolution, equal to the reasonable cost of reviewing and considering the application. Any owner or developer of a project seeking a Parking Concession Agreement shall complete and submit an application, together with such other information the Community Development Director may reasonably request. An application shall be submitted to the Planning Commission for review and recommendation at a public hearing noticed pursuant to Government Code Section 65090. The recommendation of the Planning Commission shall then be forwarded to the City Council for consideration at a public hearing noticed pursuant to Government Code Section 65090. Approval of a Parking Concession Agreement shall exempt the project from compliance with those standards and requirements of Title 9 of the municipal code as are provided for in the agreement conditioned upon compliance with the terms and conditions of such Agreement. C. Onsite Parking Reduction. An owner or developer seeking a Parking Concession Agreement that will reduce the off street parking requirement for a proposed project shall meet the following criteria: (1) The off street parking reduction is not greater than 25 %, unless a greater reduction is determined by the city to be warranted under the circumstance; and (2) The off street parking reduction does not create a reasonably foreseeable adverse impact on traffic circulation, public safety or the environment; and (3) The owner /developer has obtained a written agreement appropriate for recordation entitling the proposed project to share off street parking with one or more adjacent or proximately located sites which provide sufficient excess off street parking to absorb the proposed reduction in off street parking on the applicant's site; or alternatively, the owner /developer will pay an off street parking impact mitigation fee as determined to be warranted by the city under the circumstances; or some combination of the above; and (4) The owner /developer agrees to construct improvements (whether onsite or off -site) that encourage and facilitate alternative modes of transportation and that promote transportation demand management and trip reduction measures including but not limited to provision of bicycle racks and /or lockers, electric vehicle charging stations, bus turnouts, bus shelters and shuttle services from public parking facilities or off site private parking facilities. D. Site Development Standards Reduction. An owner or developer seeking a Parking Concession Agreement that will partially or entirely exempt a proposed project from complying with certain specified site development standards shall meet the following criteria: (1) The proposed project will supply a surplus of off street parking of at least 10% in excess of the project's peak parking requirement unless a lower surplus is determined by the city to be warranted under the circumstance, and (2) A covenant must be recorded against the proposed project site ensuring availability of any surplus off street parking provided through a Parking Concession Agreement for general public use or for dedicated use on a site adjacent or proximate to the proposed project as approved by the city; and (3) The amount and location of any such surplus off street parking provides reasonably convenient pedestrian access from the surplus parking location to other commercial uses in the vicinity; and (5) The amount and location of any off street surplus parking to be provided is consistent with any city- adopted plans concerning the supply of off street parking in the community, if applicable, and 1 1 1 (6) The site development standards reduction requested does not create a reasonably foreseeable adverse impact on public safety or the environment. E. Building Regulations. Concessions regarding off street parking requirements or site development standards shall not include Building Regulations adopted pursuant to Title 7 of the Temple City Municipal Code or that are otherwise imposed by state or federal law. F. Authority. The City retains exclusive authority to enter into a Parking Concession Agreement. The City may choose to enter or reject a Parking Concession Agreement based on an individualized analysis of the particular off -site parking facility at issue. SECTION 3. Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 4. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 21st day of August, 2012. ATTEST: City Cle MAYOR t,l APPROVED AS TO FORM: y 4 i ity Attorney ' \ I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 12 -959 was introduced at the regular meeting of the City Council of the City of Temple City held on the 7th day of August, 2012, and was duly passed, approved and adopted by said Council at the regular meeting held on 2151 day of August, 2012 by the following vote: AYES: Councilmember -Blum, Chavez, Sternquist, Yu NOES: Councilmember -None ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None