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PADParking Assessment District Town Council Meeting April 1, 2013 * Thank you Mayor Spector and Council members. There is a desk item on this matter. I believe we may have inundated you with the history of the Parking Assessment District and staff intends to provide a very brief presentation summarizing various issues. Presentation Overview Background Parking Credits for expansion, new development and intensification of use Mitigation options 41 N. Santa Cruz Avenue When PAD was created Earthquake Restoration Process Recent CUP approval Future of Assessment District Our presentation will cover: Background as to why we are here tonight. * Background Public Inquiry * On February 19, 2013, in response to public inquiries regarding the Los Gatos Theater application, Council directed staff to provide an informational report regarding the Downtown Parking Assessment District, historic applicability of District standards and the requirements for expansions and new developments within the District. Your report covers the history of the creation of the district through the Downtown Specific Plan process and Town Code amendments Parking credits for expansions, new development and intensification of use New parking lots created downtown The future of the Assessment District History of 41 N. Santa Cruz Avenue in relationship to the District The focus of the presentation tonight will be a review of how parking credits work 41 N. Santa Cruz and the District Parking Credits Existing use and on-site parking Maximum FAR for new construction Parking credits for expansion, new development and intensification of use Additional square footage New construction Intensification of use (i.e. increase in number of seats/students) * The maximum floor area ratio (FAR) for new construction in the PAD is .60. The option to include additional floor area in the PAD calculation was intended to give vacant properties and properties with smaller buildings (FAR less than .60) an opportunity for future building or intensification up to a FAR of .60. Some property owners did not take advantage of this opportunity. For those properties that took the opportunity and paid into the district for these credits, they can possibly add additional square to their building or intensify the use without providing on-site parking. Mitigation Options Provide on-site parking Pay additional funds into district Reconfigure buildings to remove excess square footage * Town Code states that the creation of the District relieves those properties located within the district which were nonconforming as to parking from having to supply on-site parking spaces as required by Town Code.  Once the District was created the assessment was locked in. Due to the assessments being locked in, the assessment could not be changed. Therefore, the District is inflexible in amending or adding credits which is documented in various historic reports. Since the Town Code states that District properties do not have to provide on-site parking and there is no direction on how to handle corrections to the estimates, the Town has not required businesses in the District   To provide on-site parking for their existing floor area if they did have the space to do so; nor To pay additional funds into the parking assessment district for their existing floor area since it has been documented that there is no mechanism to pay into the district; nor To reconfigure their buildings to remove excess square footage which would be a hardship to the business and property owner and goes in the opposite direction of economic vitality of the downtown.  41 N. Santa Cruz Avenue * If recalculated sq ft was determined to be assessible or an intensification of use * 41 N. Santa Cruz Avenue Recent CUP Existing square footage was decreased Number of seats decreased Generated zero peak hour trips * The applicant’s proposal was to eliminate 75 square feet on the second level. The modified use generated zero peak hour trips The maximum seating as approved was reduced from 492 seats to 388 seats. Future of Assessment District No action Re-establish the PAD Establish an Alternative Assessment District * With the Parking Assessment District expiring at the end of 2013, there are several options for future community and Council consideration, including:   No action – Let the PAD expire with no further property assessments for parking or other improvements Re-establish the PAD – Prepare a package for election by the property owners to re-establish the PAD for an extended period of time to fund future parking improvements and opportunities.  Any new PAD would likely have to include assessments significantly higher than the last one to fund any new structured parking. Establish an Alternative Assessment District – Prepare a package for election by the property owners to establish a business improvement or other property owners assessment district to fund district marketing, maintenance and other improvements given the State’s elimination of Redevelopment.   Council can provide direction on any of these options. * Parking Spaces Needed for PAD * PAD Formula Parking requirements based on existing use with option of additional floor area Credit for on-site parking Credit for participation in a previous parking district Reduction for distance from proposed facilities General Benefit * The formula is comprised of two primary elements and they are a specific benefit and a general benefit. Each parcel was given a general benefit of $1,250 from the creation of the additional parking due to the positive impact on the orderly flow of traffic and the relief of street parking congestion.