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ORD 190ORDINANCE » n AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9.160 AND CHAPTER 9.90 OF THE MUNICIPAL CODE TO PERMIT MITIGATION PAYMENTS FOR PARKING SPACE DEFICIENCIES IN THE VILLAGE ZONING. The City Council of the City of La Quinta does ordain as follows: SECTION 1: Subsection 4.d. is hereby added to Section 9.160.025 of the La Quinta Municipal Code as attached hereto as Exhibit "At'. SECTION 2: Subsection D.4.b. of Section 9.90070 of the La Quinta Municipal Code is hereby amended by adding the following sentence: "Except as an option, provided in Chapter 9.160, the property owner may enter into a parking agreement at the direction of the City." SECTION 3: Subsection 9.90.072 C-V-P "Park" Subzone, Part E.4.b. by adding the following sentence: "Except as an option, provided in Chapter 9.160, the property owner may enter into a parking agreement at the direction of the City." SECTION 4: Subsection 9.90.073 C-V-S "South" Subzone, Part E.4.a. by adding the following sentence: "Except as an option, provided in Chapter 9.160, the property owner may enter into a parking agreement at the direction of the City." SECTION 5: Subsection 9.90.072 C-V-P "Park" Subzone, Part E.4.b. by adding the following sentence: "Except as an option, provided in Chapter 9.160, the property owner may enter into a parking agreement at the direction of the City." SECTION 6: Section 9.90.074 C-V-N "North" Subzone, Part E.4.a. by adding the following sentence: "Except as an option, provided in Chapter 9.160, the property owner may enter into a parking agreement at the direction of the City." SECTION 7: Section 9.90.074 C-V-T "Tampico" Subzone, Part E.4. by adding the following sentence: "Except as an option, provided in Chapter 9.160 the property owner may enter into a parking agreement at the direction of the City. " ORD. 003 1 Ordinance No. 190 SECTION 8: This Amendment has complied with the requirements of the Rules to Implement the California Environmental Quality Act of 1970 ( County of Riverside, Resolution 82-213 adopted by reference in the City of La Quinta Ordinance No. 5) , and that the Planning Director has determined after initial study the Amendment will not have a significant adverse impact on the environment and that a Negative Declaration is filed. SECTION 9: POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least the three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and it's certification, together with proof of posting, to be entered in the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 16 t h day of July , 1991, by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None n JOHN A, Ma City of La Quinta, California ATTEST: 'AL AUNDRA L. JUHOLA, City Clerk City of La Quinta, California DAWN HONEY ELL, City Attorney City of La Quinta, California ORD. 003 2 Ordinance No. 190 EXHIBIT "A" 1. Add to Section 9.160.025 D. 4: 4. Parking Agreement The City may permit required parking spaces, for uses located on property in one of the C-V (Commercial Village) zoning District Subzones, to be reduced through execution of a parking agreement subject to the following regiments: a. Record a binding agreement, recorded against the property, between this City and property owner. The agreement shall contain at a minimum the following: 1) A Payment Schedule - The payment period shall not exceed 4 years. If an assessment/benefit or parking improvement district is established the obligation of the property owner shall become due and payable under the terms of said district. 2) The Agreement - The agreement shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land. 3) Cash Mitigation Payment - The amount per space shall be established as determined by the Planning & Development, and Public Works Departments, plus an inflation factor. The amount will be calculated at time of agreement execution. b. Enter into an irrevocable offer to participate in any future assessment/benefit or parking improvement district that may be formed in the C-V (Commercial Village) zoning district. C. The money collected may be released to a City -created assessment/benefit or parking improvement district or the money collected may be used in the furtherance of general parking improvements in the Village Commercial District, at the option of the City. Any financial obligation issued against said property will be reduced accordingly to the amount of mitigation money paid at the time of the district formation. d. The property owner shall secure the mitigation payment by providing the City with a second deed of trust in the amount of the total mitigation payment. DQCJH.002/CS -1- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 190 which was introduced on the 2nd day of July, 1991 and was adopted at a regular meeting held on the 16th of July, 1991, not being less than five days after date of introduction thereof. I further certify that the foregoing (3) places within the City of La res lution of the City Council. UNDRA L. JUHOL , City Clerk City of La Quinta, California ordinance was posted in three Quinta as specified in a DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the city of La Quinta, California, do hereby certify that the foregoing Ordinance was pos d on July 22, 1991 pursuant to City Council Resolution. AUNDRA L. JUH City Clerk City of La Quinta, Californial