Elisa and Trustee Grace referenced payments for parking and vacation of an alley related to the Provencal project. I am not familiar with this particular situation in Riverside but I am quite familiar with the process for selling excess public right-of-way (alleys and streets).
Under state law public right-of-way can be vacated by a municipality if it is determined that the right-of-way no longer serves its original intention as a public access route and cannot be reasonably anticipated to be used for public purposes. The process for vacating ROW is mandated by State law. An appraisal is done and the adjoining property owner buys the vacated ROW at that price or an agreed upon price. No one else can buy the vacated ROW other than the adjoining property owner. The proceeds from the vacation of right-of-way typically go to the municipalities general fund. To my knowledge, the proceeds from the sale of ROW are not not restricted in any way.
In regards to the parking fund payment, it is common practice in downtown areas for a municipality to establish a common parking fund and collect payments in lieu of parking from new developments and then use that money to construct or maintain common parking areas that can be used by all. The law does require, however, that those funds be placed in a segregated account for their specific use for parking - just as Trustee Grace noted has been done in Riverside.
This is common practice, I believe, because it represents good urban design and planning. It is not desirable to have each building in a downtown with their own parking lot. That would make it hard to maintain the type of physical environment that is needed to make a downtown attractive and successful.
Posted Wednesday Jan 17, 2007 10:43
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