Beginning February 1, 2007, any new commercial development abutting tribal trust lands may petition the Planning Commission to participate in the Shared Parking Reduction Pilot Study to be conducted by the Department of Community Development.  Petitions to participate will not be accepted after February 10, 2010.
   (A)   A fee, in addition to those fees charged for petitions to the Planning Commission, shall be established by the City Council by motion or resolution based on the number of parking spaces reduced to reasonably cover the city’s expenses for the conduct of the study.
   (B)   Participation in the study shall not last more than two years from after the issuance of a certificate of occupancy.
   (C)   The Planning Commission may waive the overall required minimum parking requirements during the duration of the study.  A letter from the highest elected official of the tribe abutting the proposed development must accompany the petition.
   (D)   During the duration of the study, ample land must be preserved on the site of the development for future parking to meet the minimum parking requirements of the zoning code.  The minimum parking requirements for the disabled and the minimum loading zone requirements shall not be reduced as a result of participation in the study.
   (E)   A surety bond covering 110% of the cost to construct such parking must be filed with the Office of the City Clerk for the duration of the study plus 12 months.
   (F)   If after two years it is determined participation in the study did not result in a shortage of parking and did not negatively impact access and other operational characteristics of the said development and surrounding development, the Planning Commission may permanently waive the minimum parking requirements.  Upon such finding, the preservation of land on-site for future parking will be waived and the surety bond released.
   (G)   If the Planning Commission does not waive the minimum parking requirements or participation in the Study is revoked, the additional parking must be constructed within six months to meet the minimum parking standards as required by the zoning code.  The surety bond will not be released until the additional parking is constructed.
   (H)   The owner of the development participating in the Study shall work with the Department of Community Development, collecting and providing the Department necessary data for the conduct of the Study,
   (I)   The City Council may revoke participation in the Study with or without cause.  A 20-day notification is required prior to such action.
(Ord. 1529, passed 12-12-06)