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HomeMy WebLinkAbout10 PARKING @ WATER YRD 08-01-05 A G END A REPORT Agenda Item 10 Reviewed: /h'IA. City Manager ~ Finance Director ~ MEETING DATE: AUGUST 1,2005 FROM: WilLIAM A. HUSTON, CITY MANAGER CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER TO: SUBJECT: LICENSE AGREEMENT FOR USE OF PARKING SPACES AT THE TUSTIN WATER YARD PARKING lOT AND WAIVER OF FEES SUMMARY This action is to authorize the execution of a license agreement for the use of fity nine (59) parking spaces owned by the City of Tustin located the Tustin Water Yard parking lot and to waive lease fees. RECOMMENDATION It is recommended that the City Council authorize: 1. Authorize the City Manager to execute a license agreement by and between the City of Tustin and Prospect Village, loP. for the non-exclusive use of fifty nine (59) parking spaces owned by the City of Tustin at the Tustin Water Yard parking lot subject to annual review to continue the agreement by the City; and, 2. Approve the waiver of fees for the use of these spaces. FISCAL IMPACT The lease fees for the fifty nine (59) spaces for which the waiver is requested have a cost of approximately'25,500 per year. BACKGROUND Pelican Center, loP. ("Developer") purchased the property located at 191 and 193-195 East Main Street from the Tustin Community Redevelopment Agency pursuant to a Disposition and Development Agreement (DDA) for the Prospect Village Project dated Page 2 June 21, 2004. Under the terms of the DDA, the Developer is required to construct or caused be constructed certain Project improvements on the property, including private improvements and public improvements as approved by the Agency, Planning Commission and City Council. The private improvements contain a two-story commercial building fronting on Main Street ("Main Street Commercial Building") of approximately 9,887 square feet. and twelve detached live-work residential units. On- site parking for the Project is to consist of two garage spaces per each live-work unit and three additional guest parking for the live-work units located of a private drive/auto court, and three on-site parking spaces to the serve the Main Street Commercial Building along with fifty nine (59) off-site parking spaces identified to be provided at the adjacent Tustin Water Yard under a non-exclusive license Agreement between the Developer and the City of Tustin. The project is located in the Parking Overlay District (P) which allows for reduced parking and off-site parking in the district. The City owns 81 parking spaces located at the Stevens Square parking structure and an additonal 67 spaces at the Tustin Water Yard which may be used for off-site parking under non-exclusive license agreements to accommodate off-site parking within the district. There are currently 65 spaces under eight individual agreements for off-site parking at the Stevens Square parking structure and 8 spaces under one agreement at the Tustin Water Yard parking lot. All of the existing license agreements have all been granted to businesses within a two-block radius of the parking facility and the parking fees established at a nominal amount of $36.01 per month for each space have been waived by the City. On May 17, 2004, the City Council approved Design Review 03-012 (Resolution No. 04- 48) and Conditional Use Permit 03-012 (Resolution No. 04-49) for the redevelopment of the property subject to the Developer entering into a license agreement wth the City for the fifty nine (59) parking spaces at the Tustin Water Yard parking lot. The Developer is asking that all lease fees for the fifty nine (59) parking spaces at the Water Yard be waived. The proposed parking license is a means of supporting business expansion and redevelopment within the Tustin Old Town District. The City Council also approved Resolution No. 04-45 certifying the Prospect Village Project Final Environmental Impact Report ("FEIR") pursuant to the California Environmental Quality Act, and adopting Findings of Fact, a Statement of Overriding Consideration and a Monitoring Program for the Project. The Draft EIR recommended Mitigation Measure T-2 which would provide fifty nine (59) parking spaces off-site at the Tustin Water Yard parking lot to reduce the Project's potential parking impact to a less than significant level. The FEIR Findings of Fact and Statement of Overriding Consideration identified that if, for some reason, the City Council does not approve the Off-Site Parking Agreement, the Developer must present an alternative shared use agreement to the City for review and approval prior the issuance of a demolition permit. City Council approval of the Parking License Agreement will satisfy the adopted Mitigation Measure T-2 as stated in paragraph IV of the FEIR certification resolution thereby mitigating the potential parking impacts to a less than significant level. No further environmental action is required. Page 3 It is recommended that the City Council authorize the City Manager execute the attached License Agreement for a total of fifty nine (59) spaces at the Tustin Water Yard parking lot, and provide direction to staff on wavier of any lease fees for such parking.