16.34.050 Adjustments to Off-Street Parking Requirements.
A.   Shared Parking Reduction. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be approved by the director, provided that the most remote space is located within three hundred (300) feet of the use it is intended to serve or as approved by director. The amount of reduction may be up to the amount of spaces required for the least intensive of the uses sharing the parking.
B.   Large Family Day-care Homes. The number and location of the parking spaces is subject to the review and approval of the director.
C.   Deviation from Parking Requirements. Each use shall provide at least the minimum number of off-street parking spaces required by this chapter, except where a greater number of spaces is required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.
D.   Parking In-Lieu Fee. The onsite parking requirements established by the Downtown Murrieta Specific Plan may be satisfied by payment of a parking in-lieu fee as specified herein.
   1.   Applicability. This provision shall apply only to non-residential uses in the Mixed Use [MU] and Civic/Institutional [C/I] zones of the Downtown Murrieta Specific Plan Area.
   2.   Project Eligibility.
      a.   Changes in use and/or building expansion for which a greater number of off-street parking spaces are required may pay a parking in-lieu fee in order to satisfy any portion up to one hundred percent (100%) of required onsite parking.
      b.   Development located within 600 feet of a planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to one hundred percent (100%) of required onsite parking.
      c.   Development located within % mile of a planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to fifty percent (50%) of required onsite parking.
      d.   Development located greater than % mile of the planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to twenty-five percent (25%) of required onsite parking.
   3.   Fee Calculation. The parking in-lieu fee shall be calculated per space and paid in a lump sum, due prior to the issuance of a certificate of occupancy, or as determined by the Director.
   4.   Fee Amount. The in-lieu fees payable under this provision shall be established by resolution of the City Council and may be adjusted annually based on the Cost of Living Index.
   5.   Rights and Obligations. Payment of a parking in-lieu fee, in combination with any parking spaces provided onsite, shall constitute full satisfaction of the onsite parking requirements set forth in the Downtown Murrieta Specific Plan. No other guarantees, rights, or privileges are conveyed to the payer.
   6.   Transferability. Onsite parking satisfied by payment of in-lieu fee is not assignable or transferable to any other property.
   7.   Use of Funds. Funds collected by the City pursuant to this provision shall be deposited into a dedicated Downtown Parking Fund to be used by the City for the acquisition, development, and maintenance of public off-street parking, and in furtherance of general parking improvements, in the Downtown Murrieta Specific Plan Area.
(Ord. 546 § 1, 2019; Ord. 544 § 8, 2019; Ord. 343 § 4 (part), 2005; Ord. 182 § 2 (part), 1997)