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HomeMy WebLinkAbout07. Pkg credits 11108 Downey Ave AGENDA MEMO DATE: September 14, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Brian Saeki, Community Development Director SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, WHICH ACCEPTS A FEE AND WAIVES THREE (3) AUTOMOBILE PARKING SPACES, REQUIRED FOR EDGEMONT CONSTRUCTION COMPANY TO SUB-LEASE A PORTION OF E & E ORTHOCRAFT, INC., AT 11108 DOWNEY AVENUE, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution, which approves a request to waive the requirement for three (3) off-street parking spaces, thereby allowing Edgemont Construction Company to sub-lease a tenant space at 11108 Downey Avenue. DISCUSSION Emery Sipos owns and operates E & E Orthocraft at 11104 Downey Avenue and the adjacent tenant space at 11108 Downey Avenue. He plans to lease 11108 Downey Avenue to Mr. Emil Varga for use as office space for his business (Edgemont Construction). The subject property is within the Downtown Plan Area and the Downtown Parking Assessment District. It is located on nd the east side of Downey Avenue, south of 2 Street and directly across from the Porto’s Bakery & Café parking structure that is under construction. A public parking lot borders the east side of the subject property. General Offices are appropriate uses in the Downtown Plan Area. Such uses require one (1) parking space per gross floor area of the building. The tenant space Mr. Varga proposes to lease from Mr. Sipos contains approximately 1,000 square feet of floor area, which requires three (3) off-street parking spaces (1 space per 350 square feet of floor area.) However, there are no parking spaces available on-site for either use because the existing building was built to the property line. Community Development staff members are committed to facilitating high quality businesses and more intense land uses in the downtown area. One of the ways to accomplish this for challenging sites and to encourage changes of land use and the recycling of older-stock buildings, is to encourage developers and architects to entitle downtown development projects using offsite public parking resources when appropriate and readily accessible. The subject property is located in the Downtown Plan area and several public parking resources are in close proximity (refer to Attachment A, Location and Public Parking Map); consequently, Mr. Varga is requesting the City Council’s approval to utilize these resources to provide the required parking for the proposed use. Section 9150.18 of the Downey Municipal Code allows all or a portion of the off-street parking required by Section 9150 of the Code to be waived when the lot or parcel of land involved is located within the boundaries of a Parking Assessment District, and the owner or occupant of the property pays an amount to be determined by the City Council for each automobile storage space waived. On September 23, 2003, the Downey City Council adopted Resolution No. 6701, which modified the Uniform Fee Schedule to establish a Parking Assessment District Automobile Parking Fee at the semi-annual charge of $100 per automobile parking space in the Downtown Parking Structure. CITY OF DOWNEY, CALIFORNIA Page 2 FISCAL IMPACT Adopting the attached resolution will have an annual fiscal impact of adding six hundred dollars ($600.00) toward the City’s General Fund and will be directed toward maintaining the downtown parking structure. This amount is based upon an annual rate of two hundred dollars ($200) per year for three automobile parking spaces. The fee will be allocated to the General Fund account, 10-03-2220 (Automobile Parking Fee.) Attachment: Exhibit A – Resolution S:\Agenda Memos CC 2010\09-14-10\Parking Credits St. rep..doc EXHIBIT A RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, WHICH ACCEPTS A FEE AND WAIVES THREE (3) AUTOMOBILE PARKING SPACES, REQUIRED FOR EDGEMONT CONSTRUCTION COMPANY TO SUB-LEASE A PORTION OF E & E ORTHOCRAFT, INC., AT 11108 DOWNEY AVENUE, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. WHEREAS , Section 9150.18 of the Downey Municipal Code allows all or a portion of the off-street parking required by Section 9150 of the Code to be waived when the lot or parcel of land involved is located within the boundaries of a Parking Assessment District, and the owner or occupant of the property pays an amount to be determined by the City Council for each automobile storage space waived; and WHEREAS , on September 23, 2003, the Downey City Council adopted Resolution No. 6701, which modified the Uniform Fee Schedule to establish a Parking Assessment District Automobile Parking Fee at the semi-annual charge of $100 per automobile parking space in the Downtown Parking Structure; and WHEREAS , Mr. Emery Sipos owns and operates E & E Orthocraft at 11104 Downey Avenue and the adjacent tenant space at 11108 Downey Avenue; and WHEREAS , Mr. Emil Varga plans to lease 11108 Downey Avenue for general office use; and WHEREAS , the subject property exists within the Downtown Parking Assessment District; and WHEREAS , Section 9150.18 of the Downey Municipal Code states that upon payment of the required sum, the City Council shall waive the specified parking spaces. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1. The City Council accepts the three hundred dollar ($300) dollar semi- annual payment for automobile parking spaces in the Downtown Parking Structure from Mr. Emil Varga, in accordance with Section 9150.18 of the Downey Municipal Code and the Uniform Schedule of Fees and shall waive three (3) off-street parking spaces for Edgemont Construction Company, located at 11108 Downey Avenue, in the Downtown Parking Assessment District, to meet the off-street parking required by Section 9150 of the Downey Municipal Code. SECTION 2. The off-street parking spaces shall be waived at the rate of one hundred ($100) dollars per automobile storage space waived semi-annually. SECTION 3 . The subject property satisfies the conditions of Section 9150.18 of the Downey Municipal Code. SECTION 4 . Future payments of the semi-annual fee to waive off-street parking spaces for Mr. Emil Varga (Edgemont Construction Company) shall be consistent with any future changes to the Uniform Fee Schedule. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS ___ day of _____, 2010. Anne Bayer, Mayor ATTEST: ___________________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the ____ day of ______, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ___________ _____________________ KATHLEEN L. MIDSTOKKE, City Clerk