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HomeMy WebLinkAbout2017-12-12 - ORDINANCES - PARKING IN LIEU FEE FOR URBAN CENTER ZONE OF OTN S (2)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 17.51.010(G) OF TITLE 17 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE ESTABLISHMENT OF A PARKING IN LIEU FEE APPLYING TO THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN AREA WHEREAS, the City Council adopted the Old Town Newhall Specific Plan (ONSP) on December 22, 2005, to create a development plan to revitalize Old Town Newhall, the historic core of the City of Santa Clarita (City); and WHEREAS, the ONSP intended to create a pedestrian -oriented Arts and Entertainment District in the Urban Center Zone (Main Street area), and a key component to the creation of this unique area was the implementation of a "Park Once" strategy to provide public parking facilities to serve the business district; and WHEREAS, the vision of the ONSP is becoming a reality, and desirable businesses including entertainment venues, art centers, restaurants, and specialty retailers are a part of the vibrant business community in Old Town Newhall; and WHEREAS, the continued revitalization of Old Town Newhall and the addition of new parking -intensive businesses require additional parking facilities to be established; and WHEREAS, the City desires to create a Parking in Lieu Fee (Fee) to fund the creation of additional parking opportunities in Old Town Newhall; and WHEREAS, the purpose of the Fee is to provide an alternative to the ONSP-required on-site parking, thus attracting development and redevelopment in the area by allowing property and business owners to fully utilize their land and achieve maximum development potential; and WHEREAS, the Fee is intended to cover costs, either all or in part, incurred by the City in creating public parking facilities that will benefit the property and business owners within the ONSP area; WHEREAS, the City hired a parking consultant to study the current and future parking needs in the area, and the findings of that consultant resulted in the establishment of parking requirements for the Urban Center Zone (Main Street area) of the ONSP; and WHEREAS, it is determined that the Fee shall apply to new or expanded non- residential/commercial developments in the Urban Center Zone (Main Street area) of the ONSP; and WHEREAS, the Mitigation Fee Act (section 66000 et. Seq. of the State Government Code) is the authorizing statute for the creation of the Fee. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That section 17.51.010(G) is added to read as follows: G. Parking in Lieu Fee Program 1. Purpose. a. To implement the goals and policies of the Old Town Newhall Specific Plan, which is the guiding land use and vision document for the development and redevelopment of Main Street and the Old Town Newhall area. b. To mitigate adverse impacts to the business community due to inadequate parking by establishing a funding source to pay for parking facilities within the Old Town Newhall Specific Plan area. c. To incentivize properties to achieve their maximum development potential by allowing parking requirements to be met off site. d. To comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act (section 66000 et. Seq. of the State Government Code). 2. Establishment of Parking in Lieu Fee (Fee). a. The Fee shall be established by separate resolution of the Council. b. A special Parking in Lieu Fee Fund account shall be established by the City. All Fees received by the City shall be deposited into the Parking in Lieu Fee Fund and shall be expended solely for the purposes the Fee was collected. All interest income earned shall be credited to the account and shall be used solely for the purposes the Fee was collected. c. Funds collected by the City from Fee payments may be used to finance the creation or expansion of public parking through the purchase of property and the construction of new facilities, including debt service and signage that identifies the location of parking within the business district. d. The City Council may approve the advancement of money from the General Fund, or other fund as appropriate, to pay for the costs of constructing parking, and may reimburse the General Fund or other fund for such advances. 3. Periodic Review of Fee. a. The Fee shall be reviewed on a regular basis, no less than every five years from the date of the first deposit into the Parking in Lieu Fee Fund, pursuant to the Mitigation Fee Act (section 66000 et. Seq. of the State Government Code). b. The Fee may be adjusted periodically to account for known cost conditions. 4. Applicability. a. The Fee shall apply to any non-residential/commercial development in the Urban Center Zone (Main Street area) of the Old Town Newhall Specific Plan that adds new or expanded non-residential/commercial square footage to the subject property. This includes an outdoor patio, deck, balcony, terrace, or other outdoor area on private property that will accommodate or support commercial activity and generate a demand for parking facilities. Outdoor dining in the public right- of-way is exempt from this Fee. b. The non-residential/commercial properties within the Urban Center Zone (Main Street area) of the Old Town Newhall Specific Plan are permitted to satisfy all or part of the parking spaces required by payment to the City of a Parking in Lieu Fee. c. The Fee does not apply if the property can accommodate the required parking on site, or through a recorded Shared Parking Agreement with another property. d. The Fee shall be determined by a per -parking space fee. e. Payment of the Fee does not represent an obligation of the City to provide parking spaces within any particular proximity to the project for which the payment was made. f. Payment of the Fee does not represent an obligation of the City to make available parking spaces within any particular amount of time. g. Payment of the Fee does not entitle the applicant, tenants, clients, or customers exclusive or private use of any public parking spaces. 5. Time of Payment of Fee. No building or similar permit for any new development shall be issued until the applicant has paid the applicable Fee, or as otherwise determined by Resolution of the City Council. 6. Exemptions from Fee. Developments that do not add any new or expand non-residential/commercial square footage in the Urban Center Zone (Main Street area) of the Old Town Newhall Specific Plan are exempt. SECTION 2. The City Council finds that the adoption of this Ordinance is not a project, pursuant to the California Environmental Quality Act (CEQA) Guideline section 15378(b)(4), which excludes from the definition of project "the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." Alternatively, the proposed Ordinance is exempt from the provisions of CEQA, pursuant to section 15061(b)(3), in that it can be seen with certainty that the proposed Ordinance does not have the potential to significantly impact the environment, since the Ordinance is a fee that will be levied on projects that will be evaluated in compliance with CEQA on their own merits, and any future activity funded by the Fee would be subject to appropriate review in compliance with CEQA before it could be approved. SECTION 3. The City Council finds that a CEQA analysis was completed for the adoption of parking standards within the Old Town Newhall Specific Plan. An Initial Study and a Negative Declaration were prepared. The Initial Study was circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Negative Declaration was posted and advertised on May 16, 2017, in accordance with CEQA. The public review period was open from May 16, 2017, through June 6, 2017. There is no substantial evidence the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita. Furthermore, the necessary Native American Tribal Consultation, as required by Assembly Bill 52 as part of the CEQA process, concluded on March 20, 2017, prior to the release of the Initial Study for public comment. SECTION 4. This Ordinance shall be in full force and effect sixty (60) days from its passage and adoption. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 12th day of December 2017. W810 ATTEST: Ltd/ ITY CLERK A i (n DATE: ; r �� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 17-16 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of November 2017. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 12th day of December 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Miranda, Smyth, McLean, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RECUSE: COUNCILMEMBERS: Weste AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 17-16 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK