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Home My WebLink About010-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Adopting Interim Parking Standards ) and Regulations For the Downtown ) Parking Management Zone ) ) RESOLUTION NO. 10-87 On November 17, 1986, the Town Council adopted General Plan Amendment (GPA) 867-3. Among other things the General Plan Amendment contemplates the creation of 9 land use districts within the downtown area. The Town staff is preparing permanent land use district regulations which, when adopted, will create these land use districts, provide regulations governing uses within the districts and make the regulations applicable to land within the Downtown Area. These land use regulations will include permanent parking requirements and standards; During the public hearings on the adoption of GPA 86-3, the Town Council identified critical issues relating to parking standards which require immediate attention on an immediate basis through the adoption of a Downtown Parking Management Zone. Ordinance No. 113 adopted on April 20, 1987 establishes a Downtown Parking Management Zone and authorizes the Town Council to adopt interim policies and standards; NOW, THEREFORE, the Town Council of the Town of Danville finds, determines and orders that the "Downtown Parking Standards and Regulations" attached as Exhibit "A" are adopted, effective May 21, 1987. PASSED, APPROVED AND ADOPTED this 20th 1987 by the following vote: day of Apri 1 AYES: Kennett, Lane, McNeely, Schlendorf NOES: None ABSENT: None ABSTAIN: 0ffenhartz ATTEST: j ,-% A. Area Affected and Parking Standards 1. Area. These standards and regulations apply to the Downtown Area described in Ordinance No. 113 adopted March 16, 1987. 2. Establishment of Old Town Parking District. There is created within the Downtown Area the Old Town Parking District. The Old Town Parking District is divided into Zones A, B and C. The Old Town Parking District areas comprising Zones A, B and C within the Old Town Parking District are delineated on Appendix A. 3. General parking requirements for downtown area. The parking requirements for each land use (whether existing or proposed) in the Downtown Area are the parking requirements provided in the land use district regulations made applicable to the property by the Ordinance Code of Contra Costa County as adopted by the Town. 4. Special parking standards within old town parking area. The general parking requirements for each land use in Zones A, B and C of the Old Town Parking district referred to in section 2 are subject to the following adjustments: (1) a minimum of 50% of the requirement for the land use in Zone A must be located in a public parking lot or structure; (2) a minimum of 25% of the requirement for the land use in Zone B must be located in a public parking lot or structure; (3) the amount of parking required for a land use in Zones A, B and C is reduced by 20% where the parking requirement is satisfied by the minimum requirement of 50% and 25% respectively in a public parking lot or structure as provided in subdivisions (1) and (2). B. Fees and Costs 1. Payment of in lieu fee as alternate to providing parking spaces. As an alternate to providing all or any portion of the off-street parking spaces required by applicable ordinance or land use entitlement, there is imposed and the Director of Development Services is authorized to collect payment of an in lieu off-street parking fee within the Old Town Parking District. 2. Amount of in-lieu fee. The amount of the in lieu parking fee is $7,000 multiplied by the number of required parking spaces being replaced by the in lieu parking fee. The fee shall be fixed until July 1, 1988, after which it shall be adjusted annually as of July 1, by the amount of increase or decrease in the Bay Area Consumer Price construction cost index, using July 1, 1987 as the base year. 3. Credit against in lieu parking fee. In determining the amount of the in lieu parking fee for a property, the net amount of the assessment levied by Contra Costa County (Contra Costa County Assessment District 1973-4), under Resolution of Intention No. 74/40 adopted January 15, 1974 for off-street parking facilities shall be credited against the amount of the in lieu parking fee. 4. Establishment of Special Fund. A special fund entitled "Downtown Parking Management Zone In Lieu Off Street Parking Fund" is established. Each fee collected under these regulations shall be deposited in this fund. Proceeds from this fund shall be used only to acquire sites or pay the costs of construction and appurtenances or both of public off street parking facilities in or near the Downtown Parking Management Zone established by Ordinance No. 113. 5. Time for payment of in lieu fee. The in lieu fee is due and shall be paid as a condition of the issuance of (1) a land use entitlement or (2) building permit, whichever is the first to occur. Upon request from the person responsible for paying the in lieu parking fee, the Director of Development Services shall provide for collection of the fee over a period of 3 years upon execution of a promissory note in form approved by the Town Attorney. 6. Preferred parkinq in Town off-street parking facilities. The Town may grant the owner of the property paying the in lieu fee preference in the leasing on a monthly basis of parking spaces in a Town off-street parking facility. An entitlement to preferential parking spaces equals the number of required off-street parking spaces for which the in lieu fee is paid. The parking preference is effective for a period of not more than 20 years from the date of the preference is granted or until the required number of alternate spaces is provided, whichever occurs first. C. Application 1. Existing Uses as of July 1. 1983. (a) Lawful non-conforming uses. These parking standards and regulations are not intended to impose any greater parking requirements than those which existed before their adoption. Therefore, they do not apply to a use located within the area now comprising the Downtown Parking Management Zone which was an existing lawful non-conforming use on July 1, 1982 (date of Town's incorporation). (b) Other non-conforming uses. These standards and regulations are intended to apply to all uses within the area comprising the Downtown Parking Management Zone which, as of July 1, 1982 were not lawful non-conforming uses as of that date. 2. Change or expansion in use or occupancy resulting in parking shortage. (a) These standards and regulations apply to: (1) a change of use unless the parking requirements of the new use are less than the parking requirements for the previous use; (2) an expansion of an existing use including an expansion with no enlargement of a building, such as adding seats in a restaurant or adding to an outdoor use some previously unused land; (3) a change in use of premises in which the immediately prior use, even though the same, has been abandoned for at least 90 days; (4) a proposed action affecting land or improvements which requires a land use entitlement such as a land use permit, rezoning, site plan and building elevations approval (except an application which pertain to exterior building facade change only). (b) Notwithstanding part (a) of this paragraph 2, the requirement for on-site parking is not intended by these standards and regulations to be increased in the following cases: (1) The redevelopment of a property with a new structure and a new use or a new structure and continuation of the same use; (2) A change of use in an existing structure or an expansion of an existing use which does not, in the opinion of the Director of Development Services and based upon substantial evidence, create an increased burden on the Town's off-site parking facilities. (c) The decision of the Director of Development Services under part (b) of this paragraph 2 is appealable in accordance with the procedure in the County Ordinance Code for the appeal of a decision on an application for a variance. 3. Procedure upon change or expansion in use or occupancy. Whenever one of the situations enumerated in Part (a) of this paragraph 2 pertains, the property owner or tenant shall apply to the Director of Development Services for approval of the proposed use, expansion or occupancy. An applicant for a land use entitlement need not make a separate application. 4. Variances. The provisions of the County Ordinance Code adopted by reference by the Town relating to the grant of a variance apply to these interim parking standards and regulations. · , ~ ~ ~--, APPENDIX A /"~ ,\ ~NTA~Q $CI'~00L \ // / %, / / /. ,,'~ ~ / / , , _ '_~?_c5~_ _ --z[-- '%, c',' ;r~./ .... I i i I , DIAIILO lOAD t i, I' ,~'.~I , -, .. ~:J,:~.. "'" ~"" HAIITZ AVI~ BOCHE CT. J .','/ r '~. OLD TOWN Zone A :::~ PARKING DISTRICT zone B ~ Zone C /' ",,, ~*-: i~ / , // x , · x ..=:? , , / 1000