10-3-3310: IN LIEU FEE AMOUNT:
If the city approves an application for participation in the in lieu parking districts, then the applicant shall pay the fees set forth in this section.
   A.   New Construction And Reconstruction of Non-Restaurant Uses: For each parking space required due to the addition of floor area or due to reconstruction, the applicant shall pay a twenty five thousand dollar ($25,000.00) fee if the subject property is located on Rodeo Drive, a twenty thousand dollar ($20,000.00) fee if the subject property is located on Beverly Drive, and a fifteen thousand dollar ($15,000.00) fee if the subject property is located elsewhere within the in lieu parking districts. These amounts may be adjusted annually by resolution of the city council.
   B.   Restaurants, Food Sales, And Service Commercial Activities: Notwithstanding the provisions of subsection A of this section, and subject to the restrictions set forth in this subsection, the applicant shall pay a reduced fee of six thousand seventy dollars ($6,070.00) for each parking space required by:
      1.   The expansion of a convenience sales and service commercial business which has been lawfully operated at the subject site for more than two (2) years;
      2.   The expansion of a food sales use; or
      3.   The establishment of a restaurant use.
The fee of six thousand seventy dollars ($6,070.00) represents thirty five percent (35%) of the estimated 1993 cost to construct a parking space, exclusive of land value.
This amount may be adjusted annually by resolution of the city council. The reduced fee set forth in this subsection shall be applied to no more than one expansion of a food sales use or convenience sales and service commercial business during the lifetime of a building unless such expansion involves the purchase of less than fifteen (15) in lieu parking spaces. If the expansion involves the purchase of less than fifteen (15) in lieu parking spaces then the reduced fees set forth in this subsection may be applied to the purchase of up to fifteen (15) in lieu spaces during the life of the building.
   C.   Small Theaters: Notwithstanding the provisions of subsection A of this section, for each parking space required as a result of the establishment of a theater within an existing building, the applicant shall pay a fee equal to fifty percent (50%) of the fee required under subsection A of this section provided that the building contains at least one parking space per three hundred fifty (350) square feet of floor area, the theater does not exceed twenty five percent (25%) of the existing floor area of the building and the planning commission, after notice and a hearing as set forth in section 10-3-3307 of this chapter, finds that such theater would complement existing retail uses in the in lieu parking districts by enhancing the pedestrian or retail attraction of the in lieu parking districts. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 78-O-1701, eff. 8-31-1978; Ord. 83-O-1888, eff. 5-5-1983; Ord. 89-O-2053, eff. 3-23-1989; Ord. 91-O-2112, eff. 3-22-1991; Ord. 94-O-2206, eff. 8-5-1994; Ord. 96-O-2264, eff. 8-16-1996; Ord. 19-O-2796, 12-10-2019; Ord. 20-O-2798, 1-9-2020; Ord. 20-O-2824, eff. 11-10-2020; Ord. 21-O-2846, eff. 11-12-2021)