2021 Nov 02 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 2, 2021
4:00 PM CLOSED SESSION
6:00 PM OPEN SESSION
MEETING ID: 964 5963 7962
PIN: 730770
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
PUBLIC ADVISORY.
THE CITY COUNCIL CHAMBER AND/OR LOBBY WILL ONLY BE OPEN TO THE PUBLIC FOR
PUBLIC COMMUNICATIONS.
(Face masks/coverings are required to be worn inside City facilities)
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Councilmember
Scot Nicol, Councilmember
Lance Giroux, Councilmember
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Scott Mitnick, City Manager
Barbara Voss, Deputy City Manager
Jaime Bermudez, Interim Police Chief
Michael Allen, Dev. Services Director
Elias Sassoon, Public Works Director
Melissa McCollum, Com. Services Dir.
Mark Hensley, City Attorney
Joe Lillio, Chief Financial Officer
Deena Lee, Fire Chief
Rebecca Redyk, HR Director
Charles Mallory, IT Director
MISSION STATEMENT:
"Provide a great place to live, work, and visit."
VISION STATEMENT:
"Be a global innovation leader where big ideas take off while
maintaining our unique small town character."
1
Page 1 of 193
How Can Members of the Public Observe and Provide Public Comments?
• Residents can watch the meeting live via Spectrum Channel 3, AT&T U-Verse
Channel 99 and/or El Segundo TV at YouTube.com. Access remotely via Zoom
from a PC, Mac, iPad, iPhone, or Android device or by phone. Use URL
https://zoom.us/j/96459637962 and enter PIN: 730770 or visit www.zoom.us on
device of choice, click on "Join a Meeting" and enter meeting ID and PIN.
• Join by phone at 1-669-900-9128 and enter meeting ID and PIN. Your phone
number is captured by the Zoom software and is subject to the Public
Records Act. Dial *67 BEFORE dialing in to remain anonymous.
• For Public Communications, members of the public may provide comments in the
Lobby and/or Council Chamber or via Zoom. For in person comments, please fill
out a Speaker Card located in the Chamber Lobby and for Zoom comments,
notify meeting host by raising your virtual hand (see hand icon at bottom of
screen) and you will be invited to speak. (If you do not wish for your name to
appear on the screen, then use the drop -down menu and click on "rename" to
rename yourself "anonymous") Please note that you will be placed in a "listen
only" mode and your video feed will not be shared with City Council or members
of the public.
• For written communication, submit to ALLELECTEDOFFICIALS(a)-a)
by 3:00 PM to be uploaded to the Website. Emails received after 3:00 PM will be
posted the next day.
• For Public Hearings, public communication will be via zoom only.
• Speaker cards and attendee's information captured by Zoom software will be
considered public documents subject to possible posting on the City's Website
and are subject to disclosure under the Public Records Act.
Additional Information:
The City Council, with certain statutory exceptions, can only take action upon properly
posted and listed agenda items. Any writings or documents given to a majority of City
Council regarding any matter on this agenda that the City received after issuing the
agenda packet are available for public inspection in the City Clerk's Office during normal
business hours. Such documents may also be posted on the City's website at
www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the agenda, the public can only comment on City -related
business that is within the jurisdiction of the City Council and/or items listed on the
agenda during the Public Communications portions of the Meeting. Additionally,
members of the public can comment on any Public Hearing item on the agenda during
the Public Hearing portion of such item. The time limit for comments is five (5) minutes
per person. Before speaking to the City Council, please state: your name, residence,
and organization/group you represent, if desired. Please respect the time limits.
2
Page 2 of 193
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the City Clerk's Office at
310-524-2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
4:00 PM CLOSED SESSION — CALL TO ORDER / ROLL CALL
PUBLIC COMMUNICATION — (RELATED TO CITY BUSINESS ONLY — 5-MINUTE
LIMIT PER PERSON, 30-MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow City Council to take
action on any item not on the agenda. City Council and/or City Manager will respond to
comments after Public Communications is closed.
RECESS INTO CLOSED SESSION: City Council may move into a closed session
pursuant to applicable law, including the Brown Act (Government Code Section
§54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or
conferring with City Attorney on potential and/or existing litigation; and/or discussing
matters covered under Government Code Section §54957 (Personnel); and/or
conferring with City's Labor Negotiators.
PUBLIC EMPLOYMENT (GOV'T CODE § 54957) -1- MATTER(S)
City Manager Performance Review
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6): -2-
MATTER(S)
Employee Organizations: Firefighters' Association (FFA) and Police Officers'
Association (POA)
Agency Designated Representatives; City Manager, Scott Mitnick, Human
Resources Director, Rebecca Redyk and Irma Moisa Rodriguez.
6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL
INVOCATION — Reverend Dina Ferguson, St. Michael Episcopal Church
PLEDGE OF ALLEGIANCE — Councilmember Nicol
SPECIAL PRESENTATIONS
1. Los Angeles Hyperion Sewage Treatment Plant Spill Update
2. United Against Hate Week
3. Spark of Love Toy Drive
3
Page 3 of 193
4. Los Angeles County Economic Development Corporation Most Business -
Friendly City Award Certificate
PUBLIC COMMUNICATIONS — (RELATED TO CITY BUSINESS ONLY — 5 MINUTE
LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of
$250. While all comments are welcome, the Brown Act does not allow Council to take
action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications
A. PROCEDURAL MOTIONS
Read all ordinances and resolutions on the Aaenda by title on
Recommendation - Approval
B. CONSENT
5. City Council Meeting Minutes
Recommendation -
Approve Special and Regular City Council Meeting Minutes of October 19,
2021.
6. Warrant Demand Register for October 11, 2021 through October 24, 2021
Recommendation -
1. Ratify payroll and employee benefit checks; checks released early due to
contracts or agreements; emergency disbursements and/or adjustments;
and, wire transfers.
2. Approve Warrant Demand Register numbers 8A and 813: warrant
numbers 3037707 through 3037944, and 9002238 through 9002242.
7. Adopt Resolution to Allow Public Meetings to Continue to be Conducted
via Teleconferencing Pursuant to Assembly Bill No. 361
Recommendation —
Adopt Resolution.
0
Page 4 of 193
8. Construction Contract with Stephen Doreck Equipment Rentals, Inc. and
Professional Services Agreement with Wallace & Associates, Inc. for
Construction Management and Inspection Services for the Water Main
Improvements on Grand Avenue Project
Recommendation -
1. Reject Cedro Construction, Inc.'s bid as nonresponsive.
2. Reject CEM Construction Corporation's bid as nonresponsive.
3. Authorize the City Manager to execute a standard Public Works
Construction Contract with Stephen Doreck Equipment Rentals, Inc. for
$1,598,162.80 for the Water Main Improvements Project on Grand
Avenue (Project No. PW 21-05), and authorize an additional $159,816 as
contingency funds for potential unforeseen conditions.
4. Authorize the City Manager to execute a Professional Services
Agreement with Wallace & Associates, Inc. for $157,048 for construction
inspection services for this project and authorize an additional $15,705 as
contingency funds for potential unforeseen conditions.
9. Ordinance Amending El Segundo Municipal Code Title 15 (Zoning Code),
Chapter 14: Historic Preservation, Chapter 15: Off-street Parking and
Loading Spaces, Chapter 22: Administrative Determinations,
Administrative Use Permits, and Adjustments, Chapter 23: Director
Discretionary Decisions, Chapter 24: Variances and Conditional Use
Permits, Chapter 25: Site Plan Review, Chapter 26: Coastal Zone
Development Permits, Chapter 27: Amendments, Chapter 28: Public
Hearings, and Chapter 29: Appeals
Recommendation —
Waive the first reading and introduce an ordinance amending El Segundo
Municipal Code Title 15, Chapters 14, 15, 22, 23,24,25, 26, 27, 28, and 29; and
schedule a second reading for the November 16, 2021 City Council meeting.
(This proposed zone text amendment is exempt from review under the California
Environmental Quality Act (CEQA). Specifically, Section 15061(b)(3) applies,
which is the "common sense exemption." This is applied "where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment..." The proposed Zoning Code revisions
consolidate permit types and processes. This Code revision does not delete or
substantially change any lists of uses, development standards or findings
required thereof, and therefore does not have the potential to cause significant
effects on the environment.)
C. PUBLIC HEARINGS
�1
Page 5 of 193
D. STAFF PRESENTATIONS
10. Adopt Resolutions Amending City Contributions for CalPERS Medical
Premiums
Recommendation —
Adopt resolutions for the following groups amending the City contributions for
CalPERS medical premiums consistent with previously approved
Memorandums of Understanding ("MOUs") and the Affordable Care Act ("ACA")
1. El Segundo City Employees' Association ("CEA")
2. El Segundo Supervisory and Professional Employees' Association
("SPEA")
3. El Segundo Police Support Services Employees' Association ("PSSEA")
4. El Segundo Non-PERS Elected Officials
5. Unrepresented Hourly Employees considered full-time under the ACA
11. Smoky Hollow On -Street Parking Pilot Project
Recommendation —
Authorize staff to execute a professional services agreement with KOA for
conceptual design of the Smoky Hollow On -Street Parking Pilot Project.
12. Aquatics Fee Study and Cost Recovery Policy
Recommendation - Review the Aquatics Fee Study, retain the existing Aquatics
fee structure, and apply the consumer price index (cpi) cost inflator to the
Aquatics fees each year as part of the annual Master Fee Schedule update.
13. FY 2021-2022 Fire Department Budget Reductions Follow-up Report
Recommendation —
Direct City Manager to:
1. Suspend Fire Engine #32 through June 30, 2022
2. Do not fill one vacant Battalion Chief position and hire one temporary
Special Projects Administrator through June 30, 2022
3. Fill Frozen Fire Marshal position after planned Battalion Chief retirement
4. Maintain one frozen Firefighter/Paramedic position through June 30,
2022
5. Maintain one frozen Fire Prevention Specialist through June 30, 2022
3
Page 6 of 193
6. Continue to work with City of Redondo Beach and City of Manhattan
Beach to establish a tri-cities Battalion Chief position, as part of the
ongoing "Shared Fire Service" review
7. Complete Fire Service Accreditation Study by April 1, 2022
8. Review process and benefits to City of El Segundo to transfer from
Disaster Management Service Area G to Disaster Management Service
Area A
9. Report back to City Council by June 30, 2022 with FY 2021-2022
expenditure savings and service impacts of Items 1 through 8 and
provide recommended Fire Department expenditure savings and service
revisions as part of the FY 2022-2023 General Fund Budget preparation
process
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS
F. REPORTS - CITY CLERK
G. REPORTS - CITY TREASURER
H. REPORTS - COUNCILMEMBERS
11911E[yl�►�I�►�1:3�:ZelI:Z�1�1:1
COUNCILMEMBER NICOL
COUNCILMEMBER PIRSZTUK
MAYOR PRO TEM PIMENTEL
MAYOR BOYLES
I. REPORTS -CITY ATTORNEY
J. REPORTS/FOLLOW-UP - CITY MANAGER
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel), and/or conferring with the City's Labor
Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
7
Page 7 of 193
MEMORIALS
ADJOURNMENT
POSTED:
DATE: October 29, 2021
TIME: 12:00 PM
BY: Tracy Weaver, City Clerk
Page 8 of 193
Citp of (9I *eguttbo, California
riortamatt"On
WHEREAS, Los Angeles County is home to a diverse population of more than
10 million residents, including Alaska Natives, American Indians,
Asian Pacific Islanders, Black, Latinx, and White. United Against
Hate Week, November 14 - November 20, 2021, will celebrate L.A.
County's diverse history, culture, and traditions, while educating
residents on the importance of supporting social justice, inclusion
and safety for all; and
WHEREAS, The goal of the week is to draw local residents, students, school,
civic, faith and business leaders together to raise awareness about
how to stop hate and promote inclusion. United Against Hate Week
recognizes the County's diversity, strengthens partnerships to help
address hardships faced by victims of hate acts, and elevates every
community and the unique ways they make the County a better,
more inclusive and welcoming place to live; and
WHEREAS, United Against Hate Week symbolizes El Segundo's dedication to
preventing and opposing hate and intolerance in our community;
and educating residents on the importance of compassion, and
cooperation as key strategies for unlocking, understanding and
embracing differences.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El
Segundo, California, hereby proclaim support for the week of November 14 -
November 20, 2021 as "United Against Hate Week" and express our dedication
in preventing and opposing hate and intolerance in our community.
EtSEGUN 0
•IRR�R�R RRRIR /Rl]•
G�
Mayor Drew Boyres
Al ayor Pro �Iem Chris Pimentef Council 9l4ember Card rsztuk
CounciOlember Scot Nicol Councd9VlemberLance Girou,�
Page 9 of 193
rortamatt"On
City of Qe'r *egunbo, California
WHEREAS, In an effort to provide for children who otherwise might not experience the joy
of the holiday season, the City of El Segundo Fire Department along with other
Southland fire agencies, has participated in the Spark of Love program for the
past twenty nine years and has collected toys and food items donated during the
holidays; and
WHEREAS, The ever upward spiraling cost of living burdens disadvantaged and displaced
families who may not be able to give gifts during the holiday season without
help from the Spark of Love program; and
WHEREAS, The true holiday spirit is reflected in unselfish giving and our thoughts and
hearts go out to those less fortunate than ourselves; and
WHEREAS, In the past, with the help of civic -minded citizens who live and work in our
community, hundreds of toys plus food items have been collected and
distributed to children and families in El Segundo and other South Bay cities.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim November 15, 2021 through December 16, 2021 as the Spark
of Love Toy Drive.
46SPARKOF
LOVE
TOY DRIVE
ESUBARU.
The community is encouraged to support this holiday program by contributing toys and non-
perishable foods to the El Segundo Fire Department, Fire Station No. 1 at 314 Main Street,
during the period of November 15 through December 16, 2021.
Mayor Drew Boy(es
Mayor Pro gem Chris (Pimente( CounciO4ember Caro(1Pi'rsztuk
CounciO4emberScot Nico( Counci(3lemberLance Giroux
Page 10 of 193
SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 19, 2021
CLOSED SESSION — Mayor Boyles called to order at 3:41 PM
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tem Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
Steve Wood, resident and DEI Committee member spoke regarding #2 Guideline of the
DEI Committee.
SPECIAL ORDER OF BUSINESS-
1. Review Potential Revenue (taxes and fees) Enhancement Options and Receive
Direction from City Council on whether to Pursue any of the Potential Revenue
Measure Options.
Scott Mitnick, City Manager and Joe Lillio, Chief Financial Officer gave a presentation
and answered Council questions.
Council Discussion
MOTION by Council Member Nicol, SECONDED by Council Member Giroux directing
staff to research assessing Utility User Tax (UUT) for non-residential/commercial and
residential utility services. MOTION PASSED BY A VOICE VOTE. 3/2 Yes: Pirsztuk
Nicol Giroux NO: Boyles Pimentel
MOTION by Mayor Boyles, SECONDED by Council Member Nicol directing staff to
research a parking tax and parking revenue system. MOTION PASSED BY A VOICE
VOTE. 4/1 YES: Boyles Pirsztuk Nicol Giroux NO: Pimentel
MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk
directing staff to research eliminating current sales tax credit of 40% from the Business
License Tax (BLT) code. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tern Pimentel
directing staff to research eliminating the late penalty credit of the Business License Tax
(BLT) code. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES
OCTOBER 19, 2021
PAGE 1
Page 11 of 193
MOTION Council Member Pirsztuk, SECONDED by Mayor Pro Tern Pimentel directing
staff to research restructuring the Business License Tax (BLT) Code (redefine business
types and categories, methodology, current trends, equality, and efficiency). MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Boyles, SECONDED by Council Member Pirsztuk directing staff to
research the borrowing capacity of the City to fund various projects. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
MOTION by Council Member Giroux, SECONDED by Mayor Boyles to re -vote yes or no
to move forward with the UUT options previously voted on regarding researching the
UUT for non-residential/commercial and residential utility services. MOTION PASSED
BY A VOICE VOTE. 3/2 NO: Boyles, Pimentel Giroux. YES: Pirsztuk Nicol. Therefore,
the previous motion of staff researching the UUT options will not move forward.
Council gave direction at a previous City Council meeting regarding the possibility of a
Cannabis initiative and the possibility of assessing a tax. Therefore, no action was taken
on this item at this meeting.
Adjournment at 5:25 PM
Tracy Weaver, City Clerk
EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES
OCTOBER 19, 2021
PAGE 2
Page 12 of 193
MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 19, 2021
CLOSED SESSION — Cancelled due to lack of quorum
OPEN SESSION — Mayor Boyles called to order at 6:02 PM
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Council Member Giroux
1+9axy1_10WV261y21►1IF_NI[ffl 01.1
1. Recognition of Fire Chief Chris Donovan's Retirement. Chief was presented with
plaques, accolades, commendations and well wishes by Scott Mitnick, City
Manager, Robert Pullen -Miles with Assemblywoman Autumn Burke's office, Jeff
Johnson with Supervisor Hahn's Office, Jim Birrell, Executive Director, Los
Angeles Area Fire Chief's Regional Training Group, Fire Chief, Eric Garcia,
Burbank Fire Chief and 2021 Los Angeles Area Fire Chief's Association
President, Deena Lee, Acting Fire Chief and City Council.
2. Proclamation read by Council Member Giroux proclaiming October as Family
Court Awareness Month and presented to Sandy Ross.
3. Los Angeles Hyperion Treatment Plant Wastewater Spill and Recovery Update.
Elias Sassoon, Public Works Director and Tim Dafeta, LASAN reported and
answered Council's questions.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
In Chamber —
Kristie Wallace, resident, commented on the recent passing of SB 9 & 10.
John Pickhaver, resident, commented on the DEI Committee and committee member
Steven Wood.
Michael Verne, representative with Cedro Construction, spoke regarding an upcoming
project, agenda item #137 and requested staff re -exam the bid rejection of Cedro
Construction.
Via Zoom —
Heidi Anderson -Swan, Hermosa Beach resident, educates the public about mental
health risks of Marijuana use.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 1
Page 13 of 193
Bart Bright, non-resident, commented on Cannabis and his experience with his son.
Sean O'Brien, resident, resident, commented on the DEI Committee and committee
member Steven Wood.
Robin Moser commented on concerns and dangers with allowing Cannabis retail outlets
in town.
CITY MANAGER FOLLOW-UP COMMENTS:
Mark Hensley, City Attorney commented/clarified the City is not advocating cannabis
retail outlets, however, there is an initiative/petition circulating within the City.
A. Read all Ordinances and Resolutions on the Agenda by Title Only.
MOTION by Council Member Giroux, SECONDED by Council Member Nicol to read all
ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. CONSENT:
4. Approve Regular City Council Minutes of October 5, 2021.
(Fiscal Impact: None)
5. Approve Warrants Demand Register for September 26, 2021 through October 8,
2021, numbers 7A and 7B and warrant numbers 3037538 through 3037706, and
9002200 through 9002237. Ratify Payroll and employee benefit Checks; Checks
released early due to contracts or agreement; Emergency disbursements and/or
adjustments; and, Wire transfers.
(Fiscal Impact: Total of $2,127,489.43 ($1,014,399.74 in check warrants and
$1,113,089.69 in wire warrants)
6. Authorize the City Manager to execute Standard Public Works Contract No. 6179
with Minako America Corporation dba Minco Construction for the FY 2021-2022
Annual Concrete Improvements Project. Project No. PW 20-10.
(Fiscal Impact: $211,985.00)
7. PULLED BY MAYOR BOYLES
MOTION by Council Member Giroux, SECONDED by Mayor Pro Tern Pimentel,
approving Consent Agenda items 4, 5, and 6. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
PULLED ITEM:
7. Construction Contract with Stephen Doreck Equipment Rentals, Inc. and
Professional Services Agreement with Wallace & Associates, Inc.
for Construction Management and Inspection Services for the Water
Main Improvements on Grand Avenue Project. (Project No. PW 21-05)
(Fiscal Impact: $2,000,000.00 included in adopted budget)
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 2
Page 14 of 193
Elias Sassoon, Public Works Director answered Council's questions regarding public
commenter Michael Verne with Cedro Construction and his request to accept their bid
based on a clerical error.
Council Discussion
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to continue the item
to a future City Council meeting, allowing time for Public Works to investigate the
matter. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
C. PUBLIC HEARING:
8. Introduction of an Ordinance Amending El Segundo Municipal Code Title 15
(Zoning Code), Chapter 14: Historic Preservation, Chapter 15: Off-street Parking
and Loading Spaces, Chapter 22: Administrative Determinations, Administrative
Use Permits, and Adjustments, Chapter 23: Director Discretionary Decisions,
Chapter 24: Variances and Conditional Use Permits, Chapter 25: Site Plan
Review, Chapter 26: Coastal Zone Development Permits, Chapter 27:
Amendments, Chapter 28: Public Hearings, and Chapter 29: Appeals
(Fiscal Impact: None)
Mayor Boyles stated this was the time and place for a public hearing to waive the first
reading and introduce an Ordinance amending El Segundo Municipal Code Title 15,
Chapters 14, 15, 22, 23,24,25, 26, 27, 28, and 29.
Clerk Weaver stated that proper notice had been given in a timely manner and that no
written communication had been received in the City Clerk's office.
Michael Allen, AICP, Development Services Director and Paul Samaras, AICP, Principal
Planner gave a presentation on the item and answered Council's questions.
Public Input:
Toni Reina, Continental Development Corporation (CDC) representative.
MOTION by Council Member Giroux, SECONDED by Mayor Pro Tern Pimentel to close
the hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council discussion
Council consensus to make the following adjustments to the proposed Ordinance;
• Give the Development Services Director the ability to approve offsite parking. If
Director so chooses, may involve Planning Commission.
• Require the approval of liquor licenses to go before Council, not Planning
Commission.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 3
Page 15 of 193
Introduction of the ordinance will be brought back for first reading at the regular City
Council meeting on November 2, 2021 with the requested adjustments proposed by City
Council.
Recessed at 8.26 PM
Reconvened at 8.35 PM
D. STAFF PRESENTATIONS:
9. Urho Saari Swim Stadium "The Plunge" Update
(Fiscal Impact: The latest estimated total cost of renovating the Urho Saari Swim
Stadium building for the design supported by City Council on June 1, 2021 (with
contingencies) ranges from $8.5 million to $10 million. A total of $2.5 million is
available/committed to fund this project. This leaves a capital funding shortfall of
$6.0 million to $7.5 million. In addition to the one-time construction cost, the
recurring operational costs (staffing, maintenance, etc.) will likely be over $1
million.)
Melissa McCollum, Community Services Director and Elias Sassoon, Public Works
director gave a presentation and answered Councils questions.
Council discussion
Council consensus to receive and file the report.
9. Senate Bill 9 "Housing Development: Approvals" Update and Next Steps
(Fiscal Impact: Not to exceed $50,000)
Michael Allen, Development Services Director reported on the item.
Council Discussion
MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux
directing staff to engage with the community to develop alternative approaches for
design standards and guidelines for residential development within the single-family
zone that may result in amendments to single-family residential development standards.
MOTION PASSED BY VOICE VOTE. 5/0
10. Proposed Amendment to City Manager's Employment Agreement
(Fiscal Impact: $14,700 per year)
Rebecca Redyk, Human Resources Director reported on the item.
Council discussion
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 4
Page 16 of 193
MOTION by Council Member Giroux, SECONDED by Council Member Nicol approving
the proposed amendment No. 1 to Employment Agreement No. 5720A for City
Manager. MOTION PASSED BY VOICE VOTE. 5/0
Mark Hensley, City Attorney read the resolution by title only;
RESOLUTION NO. 5276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, MODIFYING THE ANNUAL SALARY FOR THE CITY MANAGER JOB
CLASSIFICATION
MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Nicol approving
Resolution No. 5276. MOTION PASSED BY VOICE VOTE. 5/0
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS: None
F. REPORTS — CITY CLERK — No report
:eIIIIIV21as] :ice"Wel1VAI:72F_vto] V21:arem IT
H. REPORTS — COUNCIL MEMBERS
Council Member Giroux — No report
Council Member Nicol — Reminded the Community the next Hyperion Citizens
Forum will be held on Thursday, October 21, 2021 at 6:00 PM.
Council Member Pirsztuk — Reminded residents the Sketcher's Friendship Walk
is Sunday, October 24, 2021, stated the water tower will turn orange for
Halloween, The Halloween Frolic will be on Saturday, October 30, 2021 and
Kelly Watson of the Recreation and Parks Commission is working to insure the
holiday activities are safe and open to all. If your organization would like to be
involved, please contact Melissa McCollum, Community Services Director.
Mayor Pro Tern Pimentel — Mentioned the SBCOG would be commenting on Cal
Trans alternative uses for the express lane routing through the Sepulveda Pass
and the continued work on the Travel Network and stated he will attending the
Sanitation Meeting this week. Commented on a point of interest story involving
the El Segundo Police Department.
Mayor Boyles — Attended the Southern California Association of Governments
Regional Council meeting.
REPORTS — CITY ATTORNEY — No report
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 5
Page 17 of 193
J. REPORTS/FOLLOW-UP — CITY MANAGER — Thanked the Council for tonight's
recognition of Chief Donovan's retirement. Stated the next Council Meeting will
be held on November 2, 2021.
MEMORIALS — None
Adjournment at 9.24 PM
Tracy Weaver, City Clerk
EL SEGUNDO CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2021
PAGE 6
Page 18 of 193
{:ICVoy
ELEUND
TITLE:
City Council Agenda Statement
Meeting Date: November 2, 2021
Agenda Heading: Consent
Item Number: B.6
Warrant Demand Register for October 11, 2021 through October 24, 2021
RECOMMENDATION:
Ratify payroll and employee benefit checks; checks released early due to
contracts or agreements; emergency disbursements and/or adjustments; and,
wire transfers.
2. Approve Warrant Demand Register numbers 8A and 813: warrant numbers
3037707 through 3037944, and 9002238 through 9002242.
FISCAL IMPACT:
The warrants presented were drawn in payment of demands included within the FY
2021-2022 Adopted Budget. The total of $4,098,662.22 ($669,873.50 in check warrants
and $3,428,788.72 in wire warrants) are for demands drawn on the FY 2021-2022
Budget.
7_[81:(r]:A1l1►113
California Government Code Section 37208 provides General Law cities flexibility in
how budgeted warrants, demands, and payroll are audited and ratified by their
legislative body. Pursuant to Section 37208 of the California Government Code,
warrants drawn in payments of demands are certified by the City's Chief Financial
Officer and City Manager as conforming to the authorized expenditures set forth in the
City Council adopted budget need not be audited by the City Council prior to payment,
but may be presented to the City Council at the first meeting after delivery.
In government finance, a warrant is a written order to pay that instructs a federal, state,
county, or city government treasurer to pay the warrant holder on demand or after a
specific date. Such warrants look like checks and clear through the banking system like
checks. Warrants are issued for payroll to individual employees, accounts payable to
vendors, to local governments, and to companies or individual taxpayers receiving a
refund.
Page 19 of 193
Warrant Demand Register
November 2, 2021
Page 2 of 2
DISCUSSION:
The attached Warrants Listing delineates the warrants that have been paid for the
period identified above. The Chief Financial Officer certifies that the listed warrants
were drawn in payment of demands conforming to the adopted budget and that these
demands are being presented to the City Council at its first meeting after the delivery of
the warrants.
Is] 11V4111411IX 1*0Los �W_1LI tole] ►yilall /_1z[91:1
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5B: El Segundo approaches its work in a financially strategic and responsible
way.
PREPARED BY:
Joseph Lillio, Chief Financial Officer
REVIEWED BY:
Joseph Lillio, Chief Financial Officer
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Register 8a_summary pages
2. Register 8b_summary pages
Page 20 of 193
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3037707 - 3037820 DATE OF APPROVAL: AS OF 11102f21
9O02238 -
001 GENERALFUND 217.94366
104 TRAFFIC SAFETY FUND -
106 STATE GAS TAX FUND -
108 ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFEITURE FUND -
110 MEAURE "R"
ill COMM, DEVEL. BLOCK GRANT -
112 PROP"A"TRANSPORTATION -
114 PROP "C'TRANSPORTATION -
115 AIR QUALITY INVESTMENT PROGRAM Its HOME SOUND INSTALLATION FUND
117 HYPERION MITIGATION FUND -
116 TDA ARTICLE 3-SB 821 BIKEWAY FUND -
119 MTA GRANT
120 C.O.P.S. FUND -
121 FEMA
122 L_A IN A FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY -
124 FEDERAL GRANTS -
125 STATE GRANT -
126 AP CUPA PROGRAM OVERSIGHT SURCHARGE 2,260.00
125 SB-1 -
129 CERTIFIED ACCESS SPECIALIST PROGRAM
130 AFFORDABLE HOUSING
131 COUNTY STORM WATER PROGRAM 6,044.00
202 ASSESSMENT DISTRICT#73 -
301 CAPITAL IMPROVEMENT FUND 4.300.00
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 4,050.78
502 WASTEWATER FUND 1.211A2
503 GOLF COURSE FUND
505 SOLID WASTE FUND -
601 EQUIPMENT REPLACEMENT -
602 LIABILITY INSURANCE 214,62
603 WORKERS COMP. RESERVEIINSURANCE -
7D1 RETIREDEMP_ INSURANCE -
7D2 EXPENDABLE TRUST FUND -DEVELOPER FEES -
703 EXPENDABLE TRUST FUND - OTHER 9,500.00
704 CULTURAL DEVELOPMENT 10,00000
708 OUTSIDE SERVICES TRUST - }'
TOTALWARRANTS $ 255,524.38 T'6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
i cer ify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES: VOID CHECKS DUE TO ALIGNMENT:
NIA
R = Computer generated checks for all non-emergency/urgency payments for materials, supplies and
services in support of City Operations
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Ratification:
A = Payroll and Employee Beneflt checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with currant contractual
agreements, instances where prompt payment discounts can be oblained or late payment penalties
can be avoided orwhen a situation arises that the City Manager approves.'
H = Handwritten Early Release disburserne and/or adjustments approved by the City Manager. r #
CHIEF FINANCIAL OFFICER /( CITY MANAGER d C"
DATE: luJk Q E DATE: !'- F(I fP �
REGISTER# &A
Page 21 of 193
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/11/21 THROUGH 10/17/21
Date
Payee
2escri9ti8n
10/12/2021
West Basin
2,417,305.66
H2O payment
10/13/2021
Cal Pers
13,278.47
EFT Retirement Safety- Fi re -PEP RA New 25020
10/13/2021
Cal Pers
27,090.06
EFT Retirement Safety-Police-PEPRA New 25021
10/13/2021
Cal Pers
43,343.14
EFT Retirement Misc - PEPRA New 26013
10/13/2021
Cal Pers
40,383.20
EFT Retirement Misc - Classic 27
10/1312021
Cal Pers
62,884.96
EFT Retirement Safety Police Classic - 1st Tier 28
10/1312021
Cal Pers
57,693.23
EFT Retirement Safety Fire- Classic 30168
10/13/2021
Cal Pers
3,296.92
EFT Retirement Sfty Police Classic-2nd Tier 30169
10/13/2021
Dept. of Health Care Svcs
5,180.10
Ground EMT Transport Q1-21
10/14/2021
Manufacturers & Traders
61,212.56
457 payment Vantagepoint
10/14/2021
Manufacturers & Traders
1,130.77
401(a) payment Vantagepoint
10/14/2021
Manufacturers & Traders
550.00
IRA payment Vantagepoint
10/04/21-10/10/21
Workers Comp Activity
59,569.35
SCRMA checks issued
10/04/21-10/10/21
Liability Trust - Claims
9,150.00
Claire checks issued/(voided)
10/04/21-10/10/21
Retiree Health Insurance
0.00
Health Reimbursment checks issued
DATE OF RATIFICATION: 10/18121
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Treasury &
Chief
Manager
2, 802, 068.42
Date
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
2,802,068.42
PACity Treasurer\Wire TransferskWire Transfers 07-01-21 to 6-30-22 10/18/2021 111
Page 22 of 193
cn o
A C)
O (n
0 0 0 0 0
O N
_. (D O
O
O
a � Cl) �
r
D
(B CD
-0
r
-u
� 0
3 c� m (n
2
� 9'
n
cD
�' 3 N CD
(D
rD-
m�
�
m
v
0 D
m
C
3
a 0
o
X
II
m
m
z
m
m
�
m
m
a
m
z
m
�
a)
m
m
z
N
p
o
-� w -• �
(-'i, o 0
00--00
W O O O
(o
O CP m A W
Oa 0) O O
N
O H O co �1
N N W W
O O O O
.A W O O
-u W -n Z3
5 s. m
ci �•
C
to Sv
D�
a
3
0)
0
o jo�a
coo A N A
N m A W (D
co O 0) W CO
MNNNNNNNNN—s 0
CO V M Ch -N S�, N —• — W N — m
0 0 0 0 0 0 0 0 0 0 0 0 0 D
OOOjON --N C — —I
rzO@>TmOOOOOO
G)
Q3 < 3 0� 3'���
z
CD 3 :3 0 >3 �n� 0
m
- 3 � 3 o c
F PIZ'
G)
D
D
(D su 3 su v, Z)
m`C : 0 (p N t(2 C n.
Eli
z
m
0_<_..
CD CD m`<= m
-�
z
c i m N
�o —m nm 0
D
0
Z0
-[—
n �. 3
�
r
z
�D��
v m m
-0
D
D
m(n00
m
D (v
;l
m
co -n D m
m
-i 3'
�
z
-1
K
--i r (-
m j cn U)
(a
3
m
m
z
f-<G)
1
00 N
D-'mz
m
�OX
m
z
0
m
z
-t
-I
C
x
m
(f)
o
03
90 -CD
D
o W (D 1 W (D -F N
O A. N �l W m � ul oo U OV
m m —• O m tJ m N O --+ O m
U7 W W O W A W CIO UJ O N
N M �1 O A -F m O O --> O N
Page 23 of 193
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3037821 - 3037944 DATE OF APPROVAL: AS OF 11111=1 REGISTER # 88
9G02239 - 9002242
001 GENERAL FUND 299,029.09
104 TRAFFIC SAFETY FUND -
108 STATE GAS TAX FUND
108 ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFEITURE FUND 2425E
11n MEAURE"R" -
ill COMM. LEVEL. BLOCKGRANT -
112 PROP"A' TRANSPORTATION -
114 PROP"C" TRANSPORTATION -
115 AIR QUALITY INVESTMENT PROGRAM -
176 HOME SOUND INSTALLATION FUND
117 HYPERION MITIGATION FUND
118 TDA ARTICLE 3 - SB 821 BIKEWAY FUND -
119 MIA GRANT _
120 CO.P_S. FUND
121 FEMA
122 L.A.W. A. FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY
124 FEDERAL GRANTS _
125 STATE GRANT 18,936,50
126 AP CUPA PROGRAM OVERSIGHT SURCHARGE -
128 SB-1
129 CERTIFIED ACCESS SPECIALIST PROGRAM -
130 AFFOR➢ABLE HOUSING -
131 COUNTY STORM WATER PROGRAM 16,695.50
202 ASSESSMENT DISTRICT#73 -
301 CAPITAL IMPROVEMENT FUND 2,531.00
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACT LITIES MAINTENANCE
501 WATER UTILITY FUND 3,190.89
502 WASTEWATER FUND 3,037.6E
503 GOLF COURSE FUND 1,600.00
505 SOLID WASTE FUND -
501 EQUIPMENT REPLACEMENT 36,200Do
802 LIABILITY INSURANCE 140.00
803 WORKERS COMP, RESERVEnNSURANCE -
701 RETIRED EMP. INSURANCE -
702 EXPENDABLE TRUST FUND -DEVELOPER FEES 285.66
703 EXPENDABLE TRUST FUND - OTHER 5,379.75
704 CULTURAL DEVELOPMENT 600.00
708 OUTSIDE SERVICES TRUST 25,468.50
TOTAL WARRANTS $ 414.349.12
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finances office in the
City of El Segundo.
€ certify as to the accuracy of the Demands and the availabiI of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES: VOID CHECKS DUE TO ALIGNMENT:
NIA
R = Computer generated cheeks for all non-emergencyfurgency payments for materials, supplies and
services in support of City Operations
For Ratification : VOID CHECKS DUE TO INCORRECT CHECK DATE:
A = Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated Early Release disbursements andfor adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties £
can be avoided orwhen a situation arises that the City Manager approves.
H = Handwritten Eady Rei ase dis rse n ancuor adjustments approved byline City Manager.
77a
CHIEF FINANCIAL OFFICER CITY MANAGER
Or .-
DATE: DATE:
�- as- \
Page 24 of 193
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/18/21 THROUGH 10/24121
Date
Pam
Description
10/1812021
IRS
262,262.86
Federal941 Deposit
10/18/2021
Employment Development
4,911.20
State SDI payment
10/18/2021
Employment Development
61,076.52
State PIT Withholding
10/20/2021
Cal Pers
13,278.47
EFT Retirement Safety-Fire-PEPRA New 25020
10/20/2021
Cal Pers
29,251.95
EFT Retirement Safety- Police- P E PRA New 25021
10/20/2021
Cal Pers
43,028.71
EFT Retirement Misc - PEPRA New 26013
10/20/2021
Cal Pers
45,978.09
EFT Retirement Misc - Classic 27
10/20/2021
Cal Pers
68,079.23
EFT Retirement Safety Police Classic - 1st Tier 28
10/20/2021
Cal Pers
58,451.09
EFT Retirement Safety Fire- Classic 30168
10/20/2021
Cal Pers
3,451.60
EFT Retirement Sfty Police Classic-2nd Tier 30169
10/22/2021
ExpertPay
1,763.42
EFT Child support payment
10/11121-10/17/21
Workers Comp Activity
26,569.26
SCRMA checks issued
10/11/21-10117/21
Liability Trust - Claims
8,617.90
Claim checks issuedl(voided)
10/11/21-10/17/21
Retiree Health Insurance
0.00
Health Reimbursment checks issued
626,720.30
DATE OF RATIFICATION: 10/25121
TOTAL PAYMENTS BY WIRE;
Certified as to the accuracy of the wire transfers by:
Treasury & Custo er Services Manager Date
�icer D-
te
Fly, ManagerDate
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
626,720.30
PACity TreasurerlWire TransferslWire Transfers 07-01-21 to 6-30-22 10/25/2021 1/1
Page 25 of 193
Cn
O
A A N
CO 0)
(� W N j
O Cn
0 0 C) 0 Cl
O N
O O
O
O
M 0
3 c. N m cQ
O
cv CD
D
�v
0
3�v,m
m
�.0
O
rn .
rtj
m
K
_
g
m
x
0
z
�v
p
0)0
�.
m
m
N
-<
ca
c
z
z
m
m
0
D
m
�
r
O
N
m
Z
A
P
00
Ili
N
N
O
N W O) O
O
1
cn
CJn
-Wp
Jp OW O Cn
-i
-P,
W -I CD -
AO
CD
p
W
-4 cn��N
m
c
m
r-
n
O
M
A
co
N N W W
O O O O
W O O
-000-n-0
m
cfl CL 0
�.CD
a�
Uv
t�
D
CL
3
v
0
W G1 r j
�1 cn N N A
-a cn cD -N N
C37 N N W �I
IV O) O A i
O O O A O
M N N N N N N N N N -+ > _. i i F0 •
CD -] D) Cn A 4 N -� W N ...�
o000C0000000CpOC>
C%OO ON
r"ZOOD'L7MOOOOOO O
u 0 0 0 CL at 0- 0 »--- m
-0 C:30Es _ D
.03. c m r- D
�! �m(D �< o"� m -n CD � D
flD — CD CL 00 D p C}
M 0 r o z �-A
to o 00 zr to 0'� G) m D m
O D O O -n
n m M (A-nDm
—I 3 Z m CO
M 7u O m
m Z * N O
Z D W N pC:
-i r-- m z
m Do
X >O
m
z m
z
c
x
m
Ct' o
D
j (D Cn
W CO O O- O 01 V W Cn ?
CA(o Cil 0 v O CO W O
Page 26 of 193
Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: November 2, 2021
Agenda Heading: Consent
Item Number: B.7
TITLE:
Adopt Resolution to Allow Public Meetings to Continue to be Conducted via
Teleconferencing Pursuant to Assembly Bill No. 361
RECOMMENDATION:
Adopt Resolution.
FISCAL IMPACT:
None
BACKGROUND:
In order to address the expiration of the Governor's Orders regarding teleconferencing,
effective September 16, 2021, Assembly Bill No. 361 ("AB 361") took effect which,
among other things, amends certain provisions of the Ralph M. Brown Act ("Brown Act")
governing open meetings to allow teleconferencing, including internet-based video
conferencing, in a manner similar to previously issued gubernatorial executive orders.
DISCUSSION:
The proposed Resolution would make the requisite findings for the City Council to
continue using teleconferencing protocols for its public meetings, subject to certain
notice, access, and participation requirements. It would also
• Require the City Council to reconsider the state of emergency conditions and
consider whether certain findings can be made to support continued use of
teleconferencing procedures;
Page 27 of 193
Resolution to Conduct Public Meetings via Teleconferencing
November 2, 2021
Page 2 of 2
• Prohibit all Brown Act -subject City legislative bodies, including applicable
commissions, committees, and boards, from meeting exclusively in person
except as determined by the City Manager or until the Council provides further
direction in the future; and
Direct all such Brown Act -subject City legislative bodies, including applicable
commissions, committees, and boards, to consider the adoption of findings allowing for
continued use of teleconferencing procedures.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo Provides unparalleled service to internal and external
customers.
Objective 1 B: El Segundo's engagement with the community ensures excellence.
PREPARED BY:
Tracy Weaver, City Clerk
REVIEWED BY:
Tracy Weaver, City Clerk
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
.7[1[ .i[Ti —11: 1161■WiaiMM
Page 28 of 193
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO
CONTINUE CONDUCTING PUBLIC MEETINGS VIA
TELECONFERENCING PURUSANT TO ASSEMBLY BILL NO.
361 AND DIRECTING CITY COMMITTEES, COMMISSIONS, AND
BOARDS TO TAKE CERTAIN ASSOCIATED ACTIONS.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On March 4, 2020, Governor Gavin Newsom proclaimed a State of
Emergency to exist in California due to the threat of the COVID-19
pandemic.
B. This gubernatorial proclamation, among other things, suspended
local government emergency declaration, reporting, and extension
requirements of Government Code § 8630 for the duration of the
COVID-19 pandemic.
C. Effective September 16, 2021, Assembly Bill No. 361 ("AB 361 ") took
effect which, among other things, amends certain provisions of the
Ralph M. Brown Act ("Brown Act") governing open meetings to allow
teleconferencing, including internet-based video conferencing, in a
manner similar to previously issued gubernatorial executive orders.
D. During a proclaimed state of emergency, AB 361 allows a legislative
body, like the City Council, to continue utilizing teleconferencing to
conduct public meetings under certain circumstances, provided the
legislative body makes certain findings.
E. On October 6, 2021, the City Council adopted a resolution making
certain findings to continue meeting via teleconferencing pursuant to
AB 361 and seeks to make additional findings under Government
Code § 54953(e) to continue such teleconferencing use.
SECTION 2: Teleconferencing
A. Pursuant to Government Code § 54953(e), the City Council has
reconsidered the circumstances of the state of emergency finds as
follows:
1. The state of California continues to be in a declared state of
emergency pursuant to Government Code § 8625 (the California
Emergency Services Act; see Government Code § 54953(e)(3);
-1-
Page 29 of 193
see also Governor's Proclamation dated March 4, 2020), which ;
and
2. Based upon the most recent Order of the Health Officer for
County of Los Angeles Department of Public Health (dated
September 17, 2021 and effective October 7, 2021), masks and
social distancing continue to be necessary to curb the spread of
COVID-19 (Government Code § 54953(e)(3)(B)(ii)).
B. Accordingly, to protect public health and safety the City Council:
finds that it is in the public interest to conduct public meetings of
its legislative bodies via teleconference as defined by
Government Code § 54953;
2. prohibits all Brown Act -subject City legislative bodies, including
applicable commissions, committees, and boards, from meeting
exclusively in person, except as determined by the City Manager
or until the City Council provides futher direction in the future; and
3. directs all such Brown Act -subject City legislative bodies,
including applicable commissions, committees, and boards, to
consider the adoption of findings allowing for its conduct public
meetings via teleconference as defined by Government Code §
54953 at any meeting occuring after the date of this Resolution.
C. The City Council will adhere to all requirements of Government Code §
54953 governing teleconferencing during the emergency including,
without limitation, posting agendas; allowing for real-time public
comment via either call -in or internet-based; allowing for written
communications that will be either read or summarized into the record
during the meeting as determined by the City Council; and protecting the
statutory and constitutional rights of all persons appearing before the
legislative body. No physical location will be provided for persons
wishing to provide real-time public comment.
SECTION 3: Reporting. Every 30 days following adoption of this Resolution, the
City Council will reconsider the extension of the teleconferencing method of public
meetings in accordance with Government Code § 54953(e)(3). Such
determinations may be placed on the consent calendar.
SECTION 4: Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
-2-
Page 30 of 193
SECTION 5: Recordation. The Mayor, or presiding officer, is authorized to sign
this Resolution signifying its adoption by the City Council and the City Clerk, or
duly appointed deputy, may attest thereto.
SECTION 6: Effective Date. This Resolution will become effective immediately
upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this day of , 2021.
Drew Boyles,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the City
Clerk of said City, all at a regular meeting of said Council held on the day
of , 2021, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
-3-
Page 31 of 193
{:ICVoy
ELEUND
TITLE:
City Council Agenda Statement
Meeting Date: November 2, 2021
Agenda Heading: Consent
Item Number: B.8
Construction Contract with Stephen Doreck Equipment Rentals, Inc. and Professional
Services Agreement with Wallace & Associates, Inc. for Construction Management and
Inspection Services for the Water Main Improvements on Grand Avenue Project
RECOMMENDATION:
1. Reject Cedro Construction, Inc.'s bid as nonresponsive.
2. Reject CEM Construction Corporation's bid as nonresponsive.
3. Authorize the City Manager to execute a standard Public Works Construction
Contract with Stephen Doreck Equipment Rentals, Inc. for $1,598,162.80 for the
Water Main Improvements Project on Grand Avenue (Project No. PW 21-05),
and authorize an additional $159,816 as contingency funds for potential
unforeseen conditions.
4. Authorize the City Manager to execute a Professional Services Agreement with
Wallace & Associates, Inc. for $157,048 for construction inspection services for
this project and authorize an additional $15,705 as contingency funds for
potential unforeseen conditions.
FISCAL IMPACT:
Included in Adopted FY 2021/22 Budget
Amount Budgeted: $2,000,000
Additional Appropriation: No
Account Number: 501-400-7103-8206 (Water Enterprise Fund Infrastructure)
501-400-7103-8207 (Water Enterprise Fund Water Main)
Page 32 of 193
Water Main on Grand Avenue Award Contract
November 2, 2021
Page 2 of 4
BACKGROUND:
On June 15, 2021, City Council adopted the plans and specifications for the Water Main
Improvements on Grand Avenue Project ("Project") to replace approximately 2,700' of
8-inch diameter water main pipe with new 10-inch diameter ductile iron water main pipe
along Grand Avenue between Center Street and Pacific Coast Highway. The
improvements would also include replacement of service lines and resurfacing of Grand
Avenue within the city limits. On August 24, 2021, the City Clerk received and opened
five bids as follows:
Cedro Construction, Inc.
$1,511,406.28
CEM Construction Corporation
$1,541,021.16
Stephen Doreck Equipment Rentals
$1,598,162.80
Dominguez General Engineering
$1,948,234.36
Toro Enterprises, Inc.
$2,065,798.00
At the October 19, 2021 City Council meeting, staff recommended to the City Council to
consider Cedro Construction, Inc 's bid as nonresponsive and reject this bid since the
contractor's registration with Department of Industrial Relations ("DIR") had expired at
the time of the bid opening of Aug 24, 2021. At this meeting, a representative of Cedro
Construction, Inc. requested City Council reconsider the recommendation made by staff
and claimed that there was an issue with obtaining its registration online, but eventually
the company was able to reinstate its registration with DIR. The City Council asked staff
to look into this claim and report back. Staff contacted DIR and thoroughly examined the
situation and concluded that the contractor made an attempt to obtain its registration on
June 2, 2021, but failed to pay the fee and consequently the application was deemed
incomplete, pending payment. Further, there was no issue regarding DIR online
registration and the system was functioning properly. The contractor paid the fee, plus
$400 in penalties, on September 1, 2021 and was able to reinstate its registration.
Based on this information, Staff stands in its original position and recommends the
rejection of this bid since the contractor did not have a valid DIR registration at the time
of bid opening. The City Attorney has reviewed this matter and agrees with the staff
recommendation.
DISCUSSION:
Staff recommends that the City Council reject Cedro Construction, Inc.'s bid as
nonresponsive, because it does not comply with Labor Code § 1725.5 as required in the
set specifications. All California contractors are required by Labor Code § 1725.5 to
have a valid Department of Industrial Relations (DIR) registration when they participate
in bidding processes. Cedro Construction was unable to demonstrate that its
registration was valid at the time of the bid opening. Staff confirmed this lack of
registration with a DIR representative.
Page 33 of 193
Water Main on Grand Avenue Award Contract
November 2, 2021
Page 3 of 4
Staff also recommends the City Council reject CEM Construction Corporation's bid due
to its failure to provide the requisite references called for in the Project's Notice Inviting
Bids ("NIB"). Staff contacted CEM's references and discovered that the company has
never been a prime contractor on any water main replacement projects in the past.
Pursuant to Public Contract Code § 10108, a bid is "responsive" if it promises to provide
what the bidding instructions require. NIB § 13.2 authorizes the City to reject any
"materially incomplete or irregular bid." On the first page of the NIB, the bidders are
required to provide a "minimum of five government agency, preferably municipal,
references" and it further specified that the contractors must have sufficient experience
for constructing similar projects in terms of scope, size, type, magnitude, and
complexity, as the prime contractor in the past five (5) years. Due to its failure to provide
the requisite number of references, the CEM Construction Corporation's bid was
considered nonresponsive. As stated previously, the City Attorney's office has reviewed
the documents and agrees with the staff recommendation in rejecting these two bids.
Stephen Doreck Equipment Rentals, Inc. is the lowest responsive and responsible
bidder, with a good standing license. They have satisfactorily completed similar projects
for the Long Beach Water Department as well as similar projects for the cities of
Glendora, Lomita, and Alhambra. Also, this contractor successfully completed the City
of El Segundo's Center Street Water Main Improvement Project in 2018.
On August 24, 2021, Public Works staff received two proposals from Wallace &
Associates, Inc., and NV5, Inc. for construction management and inspection services for
the project. The proposals were evaluated by staff and the Wallace & Associates, Inc.
proposal was selected based on their qualifications, experience and expertise. Further,
Wallace & Associates, Inc. recently completed the construction management and
inspection of El Segundo's Water Main Improvement Project on Indiana Street in a
satisfactory manner.
Staff recommends City Council approve the recommended actions as noted. With the
City Council's authorization, construction is anticipated to commence in December
2021, with substantial completion in April 2022.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo Provides unparalleled service to internal and external
customers.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and
effective community.
Page 34 of 193
Water Main on Grand Avenue Award Contract
November 2, 2021
Page 4 of 4
PREPARED BY:
Floriza Rivera, Principal Civil Engineer
REVIEWED BY:
Elias Sassoon, Public Works Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Vicinity Map PW 21-05
2. Location Map PW 21-05
Page 35 of 193
Vicinity Map
ELEGUNDO Water Main Improvements Project on Grand Avenue
Y
}
J.
4
W 1111h S1
E Walnut Awe it
I E SyramcreAv�, At++'°° YHaY
E Maple Ave �
i _ l i 5egunda ;2, I
v' sari 4 1
ss bC,01 x '
- ia MaripoSaAve 1b
L) a
._..i
EIegufldo 13atA �'
it Gran Avf a u 2 Lc) Angeic.g`..
Grand AveD An Forte
E Franklin ve a gage l'wk7°
E I aequrrdoBlvd Cfi?Yro++ I E El SegLyrdt
F r* l �= and �xborr,r
F'J11 S
*Moms
A �
P t
U T he
`r 1 e ke = 7Q 1
VII rr,usr G
'L
z4 E-1
560 u rltlb 1
i
Lenna
Tk4Iddi=
Sc han
rp
W►
6,018.7 1 1 0 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map.
Page 36 of 193
E SEGUNDO Location Map
Water Main Improvements on Grand Avenue
X
% UWIPosa :. _
Marape3s.1 Ati
{+F
z
pine Ave
E Pint Ave
Cx '°
_ �
n
+s
s c
Kan la1
�
3
Ily Ave -P
El undo-
--
r rn Park
E Heily Ave nfllly Avt
A1dde
=
f
th
or
Park a
a
pau61
y
Ha
:y
E Gran
E Grand Ave
UE. I
E Franklin Ave
M
C:
4
Ulu
in
O
CL
E El Segundo Blvd
a
E El Se und{
Ch*vmn
I
Fmpla
Paa k
I
DISCLAIMER: The information shown on this map was compiled from different GIS
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984_Web_Mercator_AuxiIiary_Sphere from the use of this map.
Legend
--- City Boundary
Project Area:
E. Grand Avenue
bettween Center Street
and Pacific Coast
Highway
Notes
{:ICVoy
EL E UND
TITLE:
City Council Agenda Statement
Meeting Date: November 2, 2021
Agenda Heading: Consent
Item Number: B.9
Ordinance Amending El Segundo Municipal Code Title 15 (Zoning Code), Chapter 14:
Historic Preservation, Chapter 15: Off-street Parking and Loading Spaces, Chapter 22:
Administrative Determinations, Administrative Use Permits, and Adjustments, Chapter
23: Director Discretionary Decisions, Chapter 24: Variances and Conditional Use
Permits, Chapter 25: Site Plan Review, Chapter 26: Coastal Zone Development
Permits, Chapter 27: Amendments, Chapter 28: Public Hearings, and Chapter 29:
Appeals
RECOMMENDATION:
Waive the first reading and introduce an ordinance amending El Segundo Municipal
Code Title 15, Chapters 14, 15, 22, 23,24,25, 26, 27, 28, and 29; and schedule a
second reading for the November 16, 2021 City Council meeting.
(This proposed zone text amendment is exempt from review under the California
Environmental Quality Act (CEQA). Specifically, Section 15061(b)(3) applies, which is
the "common sense exemption." This is applied "where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment..." The proposed Zoning Code revisions consolidate permit types and
processes. This Code revision does not delete or substantially change any lists of uses,
development standards or findings required thereof, and therefore does not have the
potential to cause significant effects on the environment.)
FISCAL IMPACT:
There are no direct fiscal impacts associated with amending the El Segundo Municipal
Code ("ESMC").
BACKGROUND:
On October 19, 2021, the City Council conducted a public hearing considering adoption
of an ordinance amending the discretionary permit processes in the ESMC Title
15/Zoning Code (staff report attached). After a discussion on the item, the City Council
Page 38 of 193
Zone Text Amendment — Zoning Processes
November 2, 2021
Page 2 of 3
directed staff to make revisions to the ordinance and schedule it for re -introduction and
first reading on November 2, 2021.
DISCUSSION:
The City Council directed staff to make the following changes:
• Off -site parking covenants. Require all off -site parking covenants to be reviewed
and approved by the Development Services Director. In addition, clarify that the
Director may, at his discretion, refer off -site parking covenants to the Planning
Commission for review and approval (Section 9, page 10 of the ordinance).
• Conditional use permits for bars. Require conditional use permits for bars to be
reviewed and approved by the City Council (Section 24, page 48 of the
ordinance).
The revised ordinance (attached) reflects the above changes requested by the City
Council. If no other changes are needed and the ordinance is introduced on November
2, 2021, it will be scheduled for second reding and adoption at the November 16, 2021
City Council meeting.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo Provides unparalleled service to internal and external
customers.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Goal 5: Champion Economic Development and Fiscal Sustainability
PREPARED BY:
Paul Samaras, AICP, Principal Planner
REVIEWED BY:
Michael Allen, AICP, Development Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
Page 39 of 193
Zone Text Amendment — Zoning Processes
November 2, 2021
Page 3 of 3
ATTACHED SUPPORTING DOCUMENTS:
1. EA 1240 - Draft Ordinance 11-2-2021
2. Oct 19 2021 City Council Report
Page 40 of 193
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
15 (ZONING REGULATIONS) TO REORGANIZE CHAPTERS AND
STREAMLINE THE REVIEW AND APPROVAL PROCESSES FOR
DISCRETIONARY APPLICATIONS.
(ZONE TEXT AMENDMENT NO. 18-07)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On December 18, 2018, the City initiated the process to amend El Segundo
Municipal Code (ESMC) Title 15 (Zoning Regulations) to reorganize
chapters and streamline the review and approval processes for
discretionary applications;
B. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines");
C. On March 25, 2021, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided by city staff; and, adopted Resolution No.
2863 recommending that the City Council approve the proposed
amendments;
D. On October 19, 2021, City Council held a public hearing and considered the
information provided by City staff and public testimony regarding this
Ordinance; and
E. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at its October 19, 2021 hearing and the staff report submitted
by the Development Services Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing
this ordinance will result in the following amendments to the ESMC:
A. Sections 3(H), 3(J), 5, 6, and 7 of Chapter 15-15 regarding Off Street
Parking and Loading are amended to establish new processes for various
parking -related application requests;
B. Section 15-18-5(B) regarding sign regulations is amended to update
references to other ESMC chapters;
Page 1 of 57
Page 41 of 193
C. Chapters 15-12, 15-23, 15-24A, 15-27A, 15-28, 15-29, and 15-30 are
renumbered without modification to the text;
D. Chapters 15-22, 15-24, 15-25, 15-26, and 15-27 regarding administrative
determinations, administrative use permits, adjustments, appeals,
amendments and public hearings are reorganized and application approval
processes amended;
SECTION 3: General Plan Findings. As required under Government Code Section 65860,
the ESMC amendments proposed by the Ordinance are consistent with the El Segundo
General Plan in that the proposed ordinance establishes new, and streamlines existing,
processes for the review and approval of ministerial and discretionary planning permits.
As such, the Ordinance is consistent with the General Plan goals, objectives and policies.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), and based on the findings set forth in Section 2, the proposed ordinance
is consistent with and necessary to carry out the purpose of the ESMC as follows:
A. The ordinance is consistent with the purpose of the ESMC, which is to serve
the public health, safety, and general welfare and to provide the economic
and social advantages resulting from an orderly planned use of land
resources.
B. The ordinance is necessary to facilitate the development process and
ensure the orderly development of buildings, parking areas, landscaping,
and the location of uses in the City. The intent of the ordinance is to
establish new, and streamline existing, processes for the review and
approval of ministerial and discretionary planning permits, which will
facilitate and expedite the development process and provide economic and
social benefits resulting from the orderly planned use of land resources.
SECTION 5: Environmental Assessment. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"),
and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000,
et seq., the "State CEQA Guidelines"), the proposed ordinance is exempt from further
review, because it consists only of minor revisions and clarifications to existing zoning
regulations and related procedures. It does not have the effect of deleting or substantially
changing any regulatory standards or findings required thereof. The proposed Ordinance
is an action that does not have the potential to cause significant effects on the
environment. In addition, any environmental impacts associated with this ordinance are
adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent
with the General Plan FEIR and is exempt from further environmental review
requirements under the California Environmental Quality Act. Furthermore, this ordinance
constitutes a component of the El Segundo Municipal Code which the Planning
Commission determined to be consistent with the FEIR for the City of El Segundo General
Plan adopted on December 1, 1992. Accordingly, no further environmental review is
required pursuant to 14 Cal. Code Regs. §15168(c)(2).
Page 2 of 57
Page 42 of 193
SECTION 6: ESMC Section 15-5G-10 regarding the C-4 (Commercial Center) zone
Site Plan Review process is deleted.
SECTION 7: ESMC Chapter 15-12 regarding Coastal Zone Development Permits is
deleted.
SECTION 8: ESMC Sections 2-7, 9, and 11 of Chapter 15-14 regarding Historic
Preservation are amended as follows:
Chapter 14
HISTORIC PRESERVATION
15-14-1: PURPOSE
15-14-2: AUTHORITY OF PLANNING COMMISSION
15-14-43: DESIGNATION OF CULTURAL RESOURCES
15-14-54: LIST OF DESIGNATED CULTURAL RESOURCES
15-14-65: DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS
15-14-76: PROCEDURE AND CRITERIA; AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS
15-14-7: CERTIFICATE OF APPROPRIATENESS CRITERIA AND
CRITERIA EXEMPTIONS
15-14-8: DUTY TO KEEP IN GOOD REPAIR
15-14-9: ORDINARY MAINTENANCE AND REPAIR
15-14-10: EMERGENCY WORK ON DESIGNATED CULTURAL
RESOURCES:
15-14-11: ENFORCEMENT AND PENALTIES
15-14-2: AUTHORITY OF PLANNING COMMISSION:
A. The Planning Commission shall have the power and authority to perform
all of the duties enumerated and provided in this Chapter and shall act in
accordance with its established rules and bylaws.
meeting,B. For the purposes of this Chapter, the Director -of Community, Economic
and Planning and Building Safety, or the Director's designee, shall serve
as administrative staff and as secretary to the Commission. The secret
shall keep minutes of each - the
official actions taken,
. _ ..of the Commission, and maintain records of operati
C. The Commission shall have the following powers and duties:
To maintain a local register of cultural resources and historic sites.
Page 3 of 57
Page 43 of 193
2. To recommend removal of a designated cultural resource.
3. To review and comment upon the conduct of land use, housing,
Mmunicipal improvements, and other types of planning and programs
undertaken by any agency of the City, the County, or the State as they
relate to the cultural resources and historical sites ofwithin the City.
4. To report to the City Council on the use of various Federal, State, local, or
private funding sources and mechanisms available to promote
preservation of cultural resources and historical sites in the City.
5. To review applications for alteration, construction, demolition, relocation,
and restoration of proposed or designated cultural resources and approve
or deny certificates of appropriateness for such actions pursuant to
Sections 15-14-85 through 15-14-7 of this Chapter.
6. To cooperate with local, County, State and Federal governments and
private organizations in the pursuit of the objectives of historic
preservation within the City.
7. To ensure that designation of a building or structure as a designated
cultural resource shall not infringe upon the rights of private owners to
make any and all reasonable uses of such designated cultural resource
which are not inconsistent with the purposes of this Chapter.
15-14-3: NOTICE OF PUBLIC HEARINGS:
A. Whenever this Chapter calls for a public hearing the owner of the affected
building or structure ire andall property owners within a throe hundred font
(300') radius of the subject property shell he sent written notice of the
public blic hearing by mail not less than ten (10) days prior to the hearing
Notice shall also he advertised once ten (10) days prior to a he
newspaper of general circa ilatiB. The notice shall give the nn
date, tome and place of the hearing,
the location of
the property, andana description of the proposer! action affecting the
Nproperty. (Ord 1217 11_16_1993)
15-14-43: DESIGNATION OF CULTURAL RESOURCES:
A. Procedures: Requests for designation of a cultural resource are voluntary
and may be made by or with the written consent of the property owner, by
filing an application with the Development Services Department of
Community, snit„ Economic and 6e„elopment Services. The designation of a
cultural resource is strictly voluntary, not mandatory.
1. The Commission shall hold a noticed public hearing on the matter as set
forth in Chapter 15-28within forty five (5) days of receipt of the complete
Page 4 of 57
Page 44 of 193
application.Within- - aysthe hearing,the Commission shall
and provide a written recommendation to the City Council as to whether
the building or structure should be made a designated cultural resource. ff
structure as a designated cultural resource, the recommendation shall
0 nclude the reasons for designating the building or structure as a
to mark it with a uniform and distinctive marker.
2 Within thirty (30) gays afte After receiving the recommendation of the
Commission, the City Council shall hold a noticed public hearing as set
forth in Chapter 15-28 and approve or deny the recommendation.
3. Any hearing may be continued for any reason by the consent of the City
and the property owner. If the property owner does not consent, there may
be no more than one continuance for a period not to exceed thirty one 31)
days if the additional time is needed to conduct further study of the cultural
resource. If an EIR or negative declaration is required, the time limits set
forth in California Public Resources Code section 21151.5 shall apply.
4. The City Council shall declare designated cultural resources by resolution,
which shall contain a statement as to why the cultural resource is so
designated. Any such resolution shall include a legal description of the
property involved, including lot and block number and the name of the
property owner. The resolution shall be duly recorded by the City Clerk in
the County Recorder's office.
B. Criteria: A cultural resource may be declared a designated cultural
resource if it meets the following criteria:
Must be at least fift 450) years old; and
2. It is associated with persons or events significant in local, State, or
national history; or
3. It reflects or exemplifies a particular period of national, State, or local
history; or
4. It embodies the distinctive characteristics of a type, style, period of
architecture, or method of construction.
C. Temporary Stay On Permits Pending Designation: No construction,
alteration, demolition, relocation, or restoration shall be allowed and no
other entitlement permits shall be issued with regard to any proposed
designated cultural resource from the time an application for designation is
made until the City Council has made a final decision to either approve or
deny the request for designation.
Page 5 of 57
Page 45 of 193
D. Removal Of Designation: A cultural resource designation may be removed
subject to the same procedures set forth above.
15-14-54: LIST OF DESIGNATED CULTURAL RESOURCES:
The Department of Gemm,,nity, EGenemiG and Deyelepment
SeFViGesDevelopment Services Department shall maintain a designated
cultural resources list which shall include the following information:
A. A legal description of each designated cultural resource, the names and
addresses of all owners of designated cultural resources, and assessor's
parcel numbers of designated cultural resources.
B. A legal description of the property included in any historic district, including
the special historical, aesthetic, cultural, architectural, or engineering
interests or value of the District.
C. Sketches, photographs or drawings of structures of all designated cultural
resources and other significant buildings or historical sites.
D. A statement of the condition of designated cultural resources and other
significant buildings or historical sites.
E. An explanation of any known threats to any designated cultural resource
and other significant buildings or historic sites.
15-14-65: DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS:
A. A certificate of appropriateness issued by the Gernmission or the city
Council on appeal, shall be required before the following actions affecting
a designated cultural resource may be undertaken: construction,
alteration, restoration, relocation, and demolition.
B. No building permit for any work on a designated cultural resource shall be
issued until a certificate of appropriateness is issued in the manner
provided for in this Chapter.
C. A certificate of appropriateness is not required for any ordinary repair and
maintenance as described in Section 15-14-9 of this Chapter.
15-14-76: PROCEDURE AND CRITERIA; AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS:
The Planning Commission may grant a certificate of appropriateness,
subject to the process set forth in Chapter 28 of this title.
Page 6 of 57
Page 46 of 193
Page 7 of 57
Page 47 of 193
The proposed alteration, construction or restoration will not adversely
affect exterior architectural features of the building or structure specified in
the designation; and
2. The proposed alteration, construction or restoration will not adversely
affect the special character; special historical, architectural or aesthetic
interest; nor the relationship and congruity between the subject structure
or feature and its neighboring structures and surroundings, as specified in
the designation.
GB. Gr�Fa; Demolition: A certificate of appropriateness for the demolition of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, find one or more of the following conditions exist:
The structure or building is a hazard to public health or safety; or
2. The site on which the designated cultural resource is located is required
for a public use which will be of more benefit to the public than its use as a
cultural resource and there is no practical alternative location for the public
use; or
3. Denial of the proposed application will result in unreasonable economic
hardship to the owner; it is not feasible to preserve or restore the
designated cultural resource; and the property owner will be denied the
reasonable beneficial use of the property if the application is denied.
DC. Criteria; Relocation: A certificate of appropriateness for the relocation of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, finds that:
One or more of the conditions set forth in subsection GB of this Section
exist;
2. The relocation will not destroy the historic, cultural or architectural value of
the designated cultural resource; and
3. The relocation is part of a definitive series of actions which will assure the
preservation of the designated cultural resource.
€D. Exemption for Unreasonable Economic Hardship: A property owner may
request an exemption from the provisions of this Chapter on the grounds
of unreasonable economic hardship for any alteration, construction,
restoration, demolition or relocation of a designated cultural resource.
A property owner requesting an exemption on the grounds of
unreasonable economic hardship shall provide the following information;
including, but not limited to:
Page 8 of 57
Page 48 of 193
Ownership and operation of the property, mortgage and financing
information, market value, structural integrity, rehabilitation costs,
assessed value, real estate taxes, debt service, and potential adaptive re-
use.
2. For income -producing property: a) annual gross income from the property
for the previous two R4 years; b) itemized operating and maintenance
expenses for the previous two R4 years; and c) annual cash flow, if any,
for the previous two R4 years.
3. For low-income owners: a statement of present household income and
number of persons in the household. "Low-income" households shall be
defined as meeting the income level established by the U.S. Department
of Housing and Urban Development.
4. The staff may require that a property owner furnish additional information
which would assist the Commission in making a determination as to
whether or not the property does yield or may yield a reasonable return to
the owner(s) (i.e., pro forma financial analysis). In the event that any of the
required information is not reasonably available to the property owner and
cannot be obtained by the property owner, the property owner shall file
with his affidavit a statement of the information which cannot be obtained
and shall describe the reasons why such information cannot be obtained.
The property owner shall have the burden of proof to establish
unreasonable economic hardship.
The Commission, or City Council on appeal, may grant an exemption on
the grounds of unreasonable economic hardship if it finds that the
application of the provisions of this Chapter to the proposed alteration,
construction, restoration, demolition or relocation would deny the property
owner reasonable beneficial use of the property and a reasonable rate of
return on the owner's investment in the property.
* * * * *15-14-9: ORDINARY MAINTENANCE AND REPAIR:
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on any
designated cultural resource that does not involve a change in design,
material, or external appearance thereof, nor does this Chapter prevent
the construction, alteration, restoration, demolition, or removal of any such
architectural feature if the Director of Gemm„nity, Economin and Dlnnninrr
and Building Safety certifies to the Commission that such action is
required for the public safety due to an unsafe or dangerous condition.
Page 9 of 57
Page 49 of 193
15-14-11: ENFORCEMENT AND PENALTIES:
A. Any person who violates any provision of this Chapter or fails to obey an
order issued by the Commission or comply with a condition of approval of
any certificate of appropriateness issued under this Chapter shall be guilty
of a misdemeanor and subject to provisions of Section 15-23-215-30-2 of
this Title.
B. Any person who constructs, alters, removes, relocates, restores or
demolishes a designated cultural resource in violation of any provision of
this Chapter shall be required to restore the building, object, site, or
structure to its appearance or setting prior to the violation.
C. The Building Official shall have the authority to enforce all provisions of
this Chapter.
SECTION 9: ESMC Subsection 3(H) of Chapter 15-15 (Off Street Parking and Loading)
regarding Off -Site Parking is amended as follows:
H. Off -Site Parking:
Applicability/authority: The Director may approve off -site parking
locations within the City for nonresidential uses to meet the parking
requirements of this chapter subject to the process set forth in Chapter
23 of this Title. Such off -site parking locations must be secured with a
covenant, approved by the City Attorney, and recorded in the County
Recorder's Office before the City issues building permits. The off -site
parking spaces used to satisfy the parking rani iiremen+s fnr A. rJifferen+ site
must he surplus is to the required narking spacespaces rent fired for uses of the off
site location. Dlternatiyely, the Planning Commission may approve a
reduction of required narking spaces as provided in this chanter. The
parking covenant may include such conditions as the Director may
lawfully impose. The Director may refer decisions on off -site parking
requests to the Planning Commission at his discretion.
■
Page 10 of 57
Page 50 of 193
43. Off -Site Parking Findings Ofof Approval: Requests for off_ -site parking
must meet the following requirements:
a. The off -site parking must be located so that it will adequately serve the
use for which it is intended. In making this determination, the following
factors, among other things, must be considered:
(1) Proximity of the off -site parking facilities (i.e., 750 feet is a reasonable
maximum walking distance for high turnover uses such as retail sales,
services and restaurants);
(2) Ease of pedestrian access to the off -site parking facilities;
(3) Provisions for transportation to and from the off_ -site parking facility (e.g.,
shuttle or valet services);
(4) The type of use the off -site parking facilities are intended to serve.
b. The off -site parking spaces must be surplus to the required parking
spaces for uses at the off -site location. unless an adiustment is
approved based on an approved parking demand study pursuant to
Sections 15-15-30) and 15-15-6(C) of this chapter.
SECTION 10: ESMC Subsection 3(J) of Chapter 15-15 (Off Street Parking and Loading
Spaces) regarding Parking Exceptions is amended as follows:
Parking Exceptions:
Director Review: The Director of Planning and Building Safety may review
and approve requests for adminis+rati„o adjustments from the
requirements of this chapter as provided in chapter 24,
"Adj� �stmen+s°Chapters 22 and 23, of this title including, without limitation
the design and layout of parking facilities; the required number of parking
spaces; the dimensions of parking spaces; the type of loading spaces
required; aisles; driveways and curb cuts; paving materials and colors;
and striping. The types and extent of adjustments the Director of Planning
and Building Safety -is authorized to review administratively or is
authorized to review subject to a public hearing are specified in sections
15-15-5, 15-15-6, and 15-15-7 of this chapter.
2. Planning Commission Review: The Planning „Commission must review
requests for parkingreductionsas specified O-1- subsection -1.5 15 6C of +his
chapter and may review administrative adjustments that are referred to it
by the Director of Planning and Building at a public hearing as
set forth in Chaster 28 of this title. Safety.
SECTION 11: Section 15-15-5 (Parking Area Development Standards) is amended as
follows:
Page 11 of 57
Page 51 of 193
Page 12 of 57
Page 52 of 193
15-15-5: PARKING AREA DEVELOPMENT STANDARDS:
A. Access Andand Circulation
Design: Parking facilities must be designed so that a car within a facility
will not have to enter a street to move from one (T) location to any other
location within the same facility.
2. Exit: Parking facilities in nonresidential zones must be designed in such a
manner that any vehicle on the property will be able to maneuver as
necessary so that it may exit from the property traveling in a forward
direction. However, vehicles may exit onto an alley traveling in a reverse
direction.
3 administrative Adjustments: The Director of Planning and Building Safet
may approve administrati„e adjustments from the site access and
circulation standards as provided in chapter 24, "Ardis istments°, Chapters
22 and 23 of this title.
B. Driveway and Parking Area Paving and Surfacing: All permanent on -site
parking, loading, vehicle storage and vehicle sales areas must be paved
with approved concrete or asphaltic concrete. On -site parking areas to be
used for not longer than one (1) year must be surfaced and maintained
with an impervious material acceptable to the Director so as to eliminate
dust and mud. All on -site parking areas must be graded and drained so as
to dispose of all surface water in accordance with the applicable storm
water regulations. The Director may at his discretion approveAcceptable
alternative paving materials such-asinclude decorative concrete,
permeable concrete, grasscrete, brick, or similar material of equivalent
durability. The Director may approve a dministrati„e adjustments from the
driveway and parking area paving standards for non-standard roadbed
construction and alternative roadway surfaces (such as drivable reinforced
turf) as provided in chapter 24, "Ardis istments°, Chapters 22 and 23 of this
title.
C. Parking Area Striping: All parking spaces must be clearly striped with
white, double four -inch wide stripes, one foot (V}apart. The Director
of Planning and Building Safety -may approve administratiadjustments
from the parking area striping standards as provided in chanter 24
"Adjustments", Chapters 22 and 23 of this title. The alternative designs
may include, without limitation, the use of colored concrete and other
decorative materials provided that alternative.Approved striping
o tp ionsalternati„es must clearly identify parking spaces and distinguish
them from adjoining walkways and drive aisles.
Page 13 of 57
Page 53 of 193
FIGURE 1 - PARKING AREA STRIPING
F iJ I '-!{--f 1 £" WIDE BY 6" HIGH
C7
CONCRETE T1RE STOP
ANCHORED TO THE GROUND.
2
4° WIDE PAINTED
WHITE STRIPES.
g
I I.,-- B"
MINIMUM WIDTH
D. Parking Space Location:
Residential cam:
a. Required parking spaces, excepting guest spaces, must be located within
a garage or carport as required in Subsection S of this Section.
ab. Guest Spaces: No required guest parking space for any residential use
may be located, in whole or in part, in aaya required front yard or front
two-thirds of aaya required side yard.
2. Nonresidential cry:
a Encroachment: Parking spaces may encroach into a required street -facing
setback up to a maximum of f+fty50 percent (50%) of the required setback
area, provided a minimum landscaped setback of five feet (5'} is
maintained. Parking spaces may encroach into a required interior side and
rear setback up to the interior side or rear property line, provided that the
interior side and rear property line does not abut a public or private street.
b Mini um Lonriscaped Setback: Parking spaces that back up directly into a
driveway entrance must maintain a minimum landscaped setback of
twent 20 feet (2-0' from any street facing property line.
Page 14 of 57
Page 54 of 193
C. Access By Alloy: Where vehicular access is provided by an alley, parking
may intrude into the required rear yard; provided, however, the amount of
setback intruded upon must be replaced by increasing the other required
yards on site by an equivalent amount.
FIGURE 2 - PARKING SPACE LOCATION
APPROACH
Y
Q
W
O a W
�
u!
N
TIM
1
1
I
I
COMMERCIAL
I
I
BUILDING
1
�
1
f
�
I
1
I
7-6" VEHICLE
OVERHANG
E. Parking Lot Slope: The maximum slope for parking lots is five percent
(5%). The Director of Planning and Building Safety may approve
administrative adjustments from the parking lot slope standard as provided
in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
F. Tire Stops:
21. Location: Concrete tire stops must be provided in all parking lot areas
abutting a building, structure, sidewalk, planting aroma, street,-Gr alley or
other permanent feature such as a tree, bollard, utility box, or sign.
Tire stops shall be located two feet {2'} from the front of a parking space.
32. Continuous Curb: in lie u of a tore stop, aA continuous concrete curb may
be provided in lieu of a tire stop, provided the area within two feet of
the curb face (overhang area) is not required for pedestrian or
handicap access. The vehicle overhang area may be landscaped,
Page 15 of 57
Page 55 of 193
however this landscaped area does not count toward the required vehicle
use area landscaping.
3. Dimensions: Tire stops or curbs must be a minimum of six inches
wide and six inches tall.
FIGURE 3 - TIRE STOP DESIGN AND LOCATION
LANDSCAPING
CONCRETE TIRE STOP
CONCRETE WALKWAY
OR SIDEWALK
CONTINUOUSCURS
TIRE STOP ALTERNATIVE
2,�
. LANDSCAPING
CONCRETE TIRE STOP
6 2'-
aw" RADIUS B'
ANCHORING DOWEL
4 AdjustmentApproval: The Director of Planning and Building Safety may
approve adjustments from the tire stop standards as provided in ^ham
24 "Adjustments", Chapters 22 and 23 of this title.
G. Lighting:
Lights provided to illuminate any parking area or vehicle sales areas as
permitted by this Code must be arranged so as to direct the light away
from any premises upon which a residential dwelling unit is located.
2. Parking area light standards located within fifty50 feet (50Tof a property
line must not exceed +�^�T�enty-five25 feet {2-5} in height.
3. The Director may approve administrati„o adjustments from the lighting
standards as provided On chapter 241 "Adjustments", of this title
Page 16 of 57
Page 56 of 193
H. Landscaping:
1. All new or substantially redesigned parking areas must provide
landscaping as provided in chapter 2, "General Provisions", of this title.
I. Parking Space Dimensions:
1. Minimum Parking crane Interior Dimensions Interior Dimensions:
Space Type Minimum Width Minimum Length
Commercial standard
8.5 feet
18 feet
Residential standard
9 feet
20 feet
Residential - narrow lots'
8.5 feet
20 feet
Vehicle lift
11 feet
21 feet
Compact
8.5 feet
15 feet
Parallel
8.5 feet
24 feet
Accessible
See note 2
See note 2
Motorcycle
5 feet
9 feet
Bicycle
2 feet 5 feet
Notes:
1. Lots under 40 feet in width.
2. The dimensions of accessible parking spaces must comply with the Americans With
Disabilities Act (ADA), title III and California Code of Regulations (CCR), California Access Code,
title 24.
except2. Single -Family Dwelling�j Minimum Garage Dimensions: Twocar gar
for single family dwellings must have minimum interior dimensions
twenty feet by twenty feet (20' x 20'),
Page 17 of 57
Page 57 of 193
a. Two -car garages must have minimum interior dimensions of 20 feet
by 20 feet, except for narrow lots as indicated above.
FIGURE 4 - SINGLE-FAMILY DWELLING GARAGE
zo'-W
GARAGE DOOR OPENING
3b. cam -Family Dwelling Maximum Garage Dimensions: Individual garages
forsingle family dwellings must not exceed nine hundrW900) square
feet in size or a four-(4)-car capacity, whichever is less. Subterranean
garages and semi -subterranean garages that meet the definition of a
basement are exempt from this requirement.
43. djustmentApproval: The Director of Planning and Building Safety may
approve adjustments to the parking space dimensions standards as
provided in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
Compact Spaces Permitted: Compact parking is allowed for office,
industrial, hotel, and recreational uses up to a maximum of twepty20
percent (20%) of required parking spaces. Parking provided in excess of
the required number may be compact in size. Compact spaces cannot be
allowed for retail uses.
K. Tandem Spaces Permitted: All tandem parking spaces, where allowed,
must be clearly outlined on the surface of the parking facility.
TANDEM SPACES PERMITTED
Page 18 of 57
Page 58 of 193
Use
Single-famil)F and two-family
residentiald�^�el�o�;ngs
Multiple -family residential
Retail uses and services
Industrial uses
Officee—
Restaurants—
Maximum
Percentage Oof
Required
Spaces
100
Prohibited
Prohibited
20
20
Prohibited
Maximum
Percentage Oof
Required Spaces Maximum
fin Smoky Hollow I Depth
F_
n/a , 2 spaces'
n/a
n/a
30 2 spaces
85 2 spaces
85 12 spaces
10 ' 2 spaces
Notes:
1. Tandem spaces for single- and two-family dwellings must be assigned to the same
unit.
2. Tandem parking is permitted for multiple -family residential developments involving
density bonuses, pursuant to Government Code section 65915.
The Director may approve
adjustments to the tanden
"Adjustments", of this t;tlo required number and standards for tandem
parking spaces as provided in Chapters 22 and 23 of this title, subject
to conditions. The conditions may include recording of a covenant
agreement, requiring a parking attendant, requiring valet service, and
other operational conditions. The Director may also approve tandem
parking in excess of the above limits for permitted temporary uses and/or
special events.
L. Parking Clearance Andand Obstructions:
Vertical Clearance: The minimum vertical clearance for all parking areas
must be seven feet'}, except that storage cabinets and other
obstructions shall be permitted in an area above the front end of
Page 19 of 57
Page 59 of 193
parking spaces that must be at least 4.5 feet above the ground and
no more than 3.5 feet from the front end of the space.
2. Horizontal Clearance: Parking spaces located next to walls, columns, or
similar obstructions must provide an additional one foot M of
clew a^cowidth on the side of the obstruction, except as follows:.
a. Exceptions:
(4-)a. Columns or similar obstructions are permitted in the one foot
clearance area up to four feet {4� ofat the front and rear end of a parking
space.
(4b_Walls, Columns, or similar obstructions may project six inches into
the front end corners of a parking space.
3. Disabled Access: Where necessary to comply with the Americans Wwith
Disabilities Act (ADA), tTitle III and California Code of Regulations (CCR),
California Access Code, tTitle 24, parking facilities may deviate from the
parking clearance and obstructions standards.
Page 20 of 57
Page 60 of 193
FIGURE 5 - REQUIRED CLEARANCE AND PERMITTED OBSTRUCTIONS
4GE
ET
GARAGE
OPENINC
4. The Director of Planning and Building Safety may approve adjustments to
the parking clearance and obstructions standards as provided in chapte
24 "Adjustments", Chapters 22 and 23 of this title.
M. Vehicle Ramps:
Ramp Maximum slope 120 percent mwimi in,
Transitions slopes-Fequk-ed
Minimum Ttransition length
Required atAt each end of ramps that exceed a
6 percent slope
Slope of Ttransitions Aepe FAWea 50 percent of the main ramp slope
Page 21 of 57
Page 61 of 193
FIGURE 6 - VEHICLE RAMP DESIGN
DRIVEWAY
APPROACH
EXISTING
CONCRETE
CURB
R.
! 50% OF
SLOPE
1
50% OF
LENGTH OF
MAIN RAMP-TRANsmoI
R
The Director of Planning and Building Safety may approve a dministrati"o
adjustments to the vehicle ramps standards as provided in chapter 24
"Adjustments. Chapters 22 and 23 of this title.
N. Drive Aisle Width Andand Parking Row Depth:
'I Drove Aisle Width And Parking Space Depth: General drove aisle width and
parking space depth requirements:
r
I —
Aisle Width Aisle Width Standard Compact
Parking - - Space Space Space
Angle One -Way Two -Way Depth Depth Width
A B B C C D
00 - 12' 18' 8.5' 8.5' 24'
parallel
300 1 12' 1 18' 1 16.36' 1 14.86' 1 17'
450 15' 18' 18.74' 16.62' 12.02'
F
600 16' 18' 19.84' F 17.24' 9.82'
i
900 25' 25' 18' 15' 8.5'
Page 22 of 57
Page 62 of 193
FIGURE 7 - PARKING AISLE AND PARKING SPACE DIMENSIONS
ANGLED PARKING
ADD
ADD 1'-0' FOR
END SPACE NEXT
TO WALL OR SIMIAR
OBSTRUCTION
PARALLEL PARKING
A'
Exceptions F-nr I.linetyDegree Parking Angle: For ninety 90-degree (9"
parking, the parking aisle width can deviate from the above requirements
based on the following table:
Page 23 of 57
Page 63 of 193
EXCEPTIONS FOR 900 PARKING ANGLE'
(STANDARD PARKING SPACES QNLY�
Parking Space I Parking
Minimum Width in feet Aisle Width in feet
8.5 feet 1 25 feet
9.0 feet 1 24 feet
9.5 feet- 1 23 feet
10 feet- 1 22 feet
Note:
1. The exceptions for 90-degree parking do not apply to garages for single- and two-family
dwellings.
32 AdjustmentApproval: The Director of Planning and Building Safety may
approve adjustments to the drive aisle width and parking space depth
standards -as provided in chapter 24, "Adjustments. Chapters 22 and 23
of this title.
O. Driveway Andand Curb Cuts: All curb cuts and driveways must lead
directly to required parking. Curb cuts not leading to parking, must be
removed whenever new buildings are constructed or additions are made
to existing buildings. The location and design of all driveway entrances
and exits must comply with the standards listed below. The goal of these
standards is to: 1) preserve on street parking spaces, 2) improve traffic
safety, and 3) improve on -site vehicle circulation.
Driveway Andand Curb Cut Width:
Page 24 of 57
Page 64 of 193
Curb Cut Width Driveway Width
in feet' (in feet)
F F_
Zone Minimum Maximum Minimum Maximum
R-1 and R-2 - lots less than 50 feet 10 feet- 20-feet 10 feet- 20 feet
wide I
R-1 and R-2 - lots at least 50 feet wide F- e 254eet 10�L 2' 8 feet
R-3 - serving 12 or fewer parking 12-feet 304eet 12 feet- 30 feet -
spaces or one-way
R-3 - serving 13 or more parking 18-feet 30-feet 18 feet 30-ee,
spaces or two-way 1
Nonresidential - one-way124eet F304eet--- 12 feet-F30 feet
Nonresidential - two-way 184eet 31 04eet 18 fee30 �eet-
Note:
1. Curb cut width excludes the width of aprons.
2. Curb Cut Locations:
Zone
Residential
Nonresidential
Minimum Distance
Between Curb Cuts
On The Same
Property
24 feet
24 feet
T_ Minimum
Minimum Distance Distance
From Curb Cuts From Curb Cuts
To Street To Property
Corners Lines
20 feet 5 feet
50 feet 1 5 feet
Page 25 of 57
Page 65 of 193
FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS
FIGURE 8 - CURB CUT & DRIVEWAY LOCATIONS
Y MIN. DISTANCE 1d MIN .&2&'MAX 24'MIN. WMIN.&2&MAX-
(RESIDENTIAL) R1 & R2 DISTANCE N & 30'
TMIN. DISTANCE 12'MIN.&30'MAX 18'MI.&30'MAX
(COMMERCIAL) R3&COMMERGAL R3&COMMERCIAL
"
ONE WAY
DRIVEWAY
APPROACH
SIDEWALK
TWO WAY
DRIVEWAY '
APPROACH
5•
e
a d
a
d
q a d
a
4
DRIVEWAY
DRIVEWAY-0
d d
4
d
R R
3 Adjustment Approval: The Director may approve administratiio
adjustments to the driveway and curb cut standards as provided in Ghapte
24,"Adjustments", Chapters 22 and 23 of this title.
P. Corner Clearance AeAand Driveway Visibility:
All parking areas must meet the corner clearance and driveway visibility
standards as provided in chapter 2, "General Provisions", of this title.
Q. Drive -Through Facilities:
1. Drive -through lanes may encroach into required landscaped setbacks up
to a maximum of fifty50 percent of the required setback area,
provided a minimum landscaped setback of five feet (5� is maintained.
2. Drive -through lanes must be located and designed in such a manner as to
not interfere with on site and off -site circulation. The location and design of
the drive -through lane leis subject to t4eDirector review and
approval of the Director of Dlannin_ . RI gilding Safety.
Page 26 of 57
Page 66 of 193
DRIVE -THROUGH LANE DIMENSIONS
Use
Eating and drinking
establishments
Banks, pharmacies, and
cleaners
FIGURE 9 - DRIVE -THROUGH FACILITIES
=I
Minimum Length
(Continuous)
150 feet
60 feet
F
Minimum
Width
10 feet
10 feet
3. The dorectGi ^f Planning and Building SafetDirector may at his dionretien
require wider drive -through lanes.
4. The direGtGF Of planning and building s fetyDirector may approve
adjustments to the drive -through facilities standards as provided in chapte
24, "Adjustments", Chapters 22 and 23 of this title.
Page 27 of 57
Page 67 of 193
R. Parking Structure Standards:
1. The following setback requirements apply to all subterranean parking
facilities:
Projection Above
Zone
Grade
Setback
Residential
Completely
Must meet required front setback
subsurface
[No rear or side setback required
No more than 3 feet
Must meet required setbacks
above grade
More than 3 feet
Must meet required setbacks and must
above grade
be screened from public view
Nonresidential
ompletely
[subsurface
No setbacks required'
Above grade
Must meet required setbacks
Note:
1. The parking structure must be designed in such a manner as to maintain sufficient soil above for
landscaping (ground cover, shrubs and trees) to grow above grade.
..
OWN.
10
32. The director of planning and building cDirector may approve
adjustments to the parking structure standards as provided in chapter 24
"Adjustments", Chapters 22 and 23 of this title.
S. Special Residential Parking Provisions:
Covered Ping ap rking: All required parking spaces must be covered
and enclosed in the following manner:
Page 28 of 57
Page 68 of 193
_F
Use Minimum Parking Enclosure
Single- and two-family dwellings Fully enclosed garage
Multiple -family dwellings Covered structure enclosed on 3 sides
Guest parking spaces May be uncovered and unenclosed
2. Residential Garage Openings: All garages must meet the minimum and
maximum widths listed below:
Minimum
Opening
Type Of Garage Width Maximum Opening Width
Single car 8 feet F 14 feet
2 car 16 feet F 20 feet
Multiple -family 16 feet Equal to the drive aisle width it
residential serves
3. Residential Turn Radius Requirements:
a. One or two 9+car garages located behind a residence must provide a
minimum turning radius of twenty ve25 feet {25�.
b. Residential garages that take access directly from an alley may measure
the required turn radius to the opposite side of the alley.
FIGURE 10 - RESIDENTIAL TURN RADIUS AND ALLEY ACCESS
Page 29 of 57
Page 69 of 193
lie
4 AdjustmentApproval: The dIreGtGr Gf planning and building s fetyDirector
may approve adjustments to the special residential parking provisions
standards as provided in Ghapter 24, "Adjustme,Rts!L, Chapters 22 and 23
of this title.
T. Vehicle Lifts: Vehicle lifts may be used by -right to provide off street parking
spaces on lots in the single-family residential (R-1) zone and the two-family
residential (R-2) zone where the vehicle lifts provide parking in excess of
the minimum number of required parking spaces subject to the standards
in this section and in this chapter.
A conditional use permit is required for vehicle lifts providing required off
street parking spaces on lots in the single family residential 4R-1)e;e and
the two family residential (R-2) zones subject to the following:
a. The vehicle lift must be located only within a fully enclosed garage.
b. A vehicle lift may only be used to store two {2-} vehicles vertically where a
minimum vertical height clearance from the floor to the ceiling plate of the
garage is a minimum of fou►teen14 feet 44+clear of obstructions.
C. A vehicle lift must be designed and used as a designated parking space for
use only by occupants in the same dwelling unit as the parking space
located directly below the vehicle lift.
ed. A vehicle lift must be permitted only if it is operated with an automatic shutoff
safety device and is installed in accordance to manufacturer specifications.
Page 30 of 57
Page 70 of 193
2. In the two family residential ( R-2 zone, vehicle lifts for required off street
parking are subject to the following additional requirements:
a. The vehicle lift must be used only on a lot less than fort five45 feet {45' in
width.
b. A vehicle lift must only be used to meet the minimum number of required off
street parking spaces in addition to a minimum of two {fully accessible
parking stalls located on the floor surface within a garage or garages.
SECTION 12: ESMC Section 15-15-6 regarding Required Parking Spaces is amended
as follows:
15-15-6: REQUIRED PARKING SPACES:
The number of on -site parking spaces required for the establishment of a building
or use must be provided and thereafter maintained at the ratios set forth below.
For uses not listedl the required number of spaces will be determined by the
Di rectord 0 rector of planning and building safety based on most similar listed use
or a parking demand study. A parking demand study must include, without
limit�at;on at a minimum, information specifying the number of employees,
customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria
established by the Directord0rector of _planning and building safety. The
Di rectord 0 rector of planning and building safety may 7+ the direr-tor's disnro+inn
refer any decision regarding uses not listed to the planning commission for review.
Unless stated otherwise, parking must be based on net floor area as defined in this
code. Accessible parking spaces must be provided and comply with the Americans
With Disabilities Act (ADA), title III and California Code of Regulations (CCR),
California Access Code, title 24.
A. Automobile Spaces Required:
[NOTE TO CODIFIER: No changes proposed to this section]
B. Bicycle Spaces Required:
Use Number Of Bicycle Spaces Required
r
Single-family and None
two-family dwellings
Page 31 of 57
Page 71 of 193
Multiple -family 10 percent of the required vehicle parking spaces for
residential projects with 6 or more units
Nonresidential A minimum of 4 spaces for buildings up to 15,000 square
feet, plus a minimum of 5 percent of the required vehicle
spaces for the portion above 15,000 square feet.
Maximum of 25 spaces
The Director of Planning and Building Safety may approve administrati,o
adjustments to reduce or eliminate -the requireme�nit for bicycle spaces as provided
in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
C. Reductions Irvin Thethe Number-Ofof Required Parking Spaces
Rod��aQe+«o^e For Single Uses:
a. The Director of Planning and Building Safet" may approve an '"" ministrati"o
adjustment to the required number of parking spaces for any use up to a
maximum of ten20 percent {1-0%) or t 20) parking spaces, whichever
is less, based on the submittal of a parking demand study. The Director of
Planning and Building cafe+„ may refer any such request to the Planning
Commission for review.
cb. Parking studies submitted in conjunction with requests for reductions must
include, without limotati„n,at a minimum information specifying the number
of employees, customers, visitors, clients, shifts, deliveries, parking spaces,
or other criteria established by the Director of Planning and Building Safety,
2. Rod��aQe+«o^e For Joint/Shared Uses:
a. The Director of Planning and Building Safety may approve an
administrative adjustment to reduce the required number of parking
spaces in any zone for uses that share parking facilities for a maximum of
ten20 percent {1-0%) or t 20) parking spaces, whichever is less,
based on the submittal of a parking demand study. The Director of
Planning and Building Safety may refer any request for an administrati„o
adjustment from the required number of parking spaces to the Planning
Commission for review.
Page 32 of 57
Page 72 of 193
h. (�The Planning ommissinn may approve a reduction of the required
u
number of parkingsp_ spaces in any mieAnne fnr uses that share parking facilities
with significantly different peapeak hours of operation fnr � mavimi im of
twentypercent 0based on the submittal of a perking demand study.
0
cb. Requests for shared and/or joint uses are subject to the following
requirements:
(1) A parking study must be submitted by the applicant demonstrating that there
will not exist substantial conflict in the peak hours of parking demand for the
uses for which joint parking use is proposed;
(2) The number of parking stalls which may be credited against the
requirements of the structures or uses involved must not exceed the number
of stalls reasonably anticipated to be available during differing hours of
operation; and
(3) A written agreement, in a form approved by the City Attorney, must be
executed by all parties concerned assuring the continued availability of the
number of stalls designed for joint use.
3. Sites Withwith Transportation Systems Management Plans: The number of
required parking spaces in this section may be modified subject to approval
of a transportation systems management plan submitted pursuant to the
procedures and requirements of chapters 16 or 17, "Developer
rair�p
Transportation Demand Management (TDM)" or chapter 17
� , ,
"Em�_�_�pployer�/OGcupant Transportation Systems Management" of this title.
4. Reductions In Parking Due To for Disabilities Upgrades: When required
solely as needed to upgrade existing parking facilities to comply with the
Americans Withwith Disabilities Act (ADA), title III and California Code of
Regulations (CCR), California Access Code, title 24, the total number of
parking spaces may be reduced at the discretion of the Director.
D. Parking In -Lieu Fees: Notwithstanding any provision of this Code to the
contrary, the City Council may designate certain areas within the City
where, in lieu of providing the number of on site parking spaces required by
this chapter or applicable specific plan, such requirement may be satisfied
by paying a parking in -lieu fee in an amount set by City Council resolution.
Designated parking in -lieu fee areas and the process for payment of parking
in -lieu fees are described in chapter 2933 of this title.
SECTION 13: ESMC Section 15-15-7 regarding Off Street Loading Space Standards is
amended as follows:
Page 33 of 57
Page 73 of 193
15-15-7: OFF-STREET LOADING SPACE STANDARDS:
A. General Provisions:
4 Applicability: Every building established, erected, enlarged or expanded for
commercial, manufacturing or institutional purposes must provide loading
space as set forth below. However, for any building or use enlarged or
increased in capacity, additional loading spaces are required only for such
enlargement or increase. All required loading spaces are in addition to the
required on site parking spaces set forth in this chapter and must be
developed and maintained in accordance with this chapter. Loading spaces
may be provided either completely or partially within a building when such
building is designateddesigned to include adequate ingress and egress to
the loading spaces. Unless stated otherwise, loading requirements must be
based on net floor area as defined in section 15-1-6 of this title.
21. Location: Loading spaces, with the exception of passenger loading spaces,
must be located to the side or rear of buildings on site whenever possible
as determined by the Director of Planning and Building Safety. Loading
spaces cannot interfere with vehicular and pedestrian circulation on site.
32. Screening: Loading spaces must be appropriately screened from view from
public streets. The screening may include decorative walls, landscaped
berms, shrubs, trees and other landscaping, and any other screening
methods deemed appropriate by the Director of Planning and B uMiRg
Safety.
B. Types Andand Dimensions Of Leading Spaces:
LOADING SPACE TYPES AND SIZES in feet
Type Width I Length I Height
Passenger 110-feet 20-feet ' 7-feet
Small truck 12-feet 25-feet 14-feet
Large truck 13-feet 50-feet 16-feet
C. Number Of Loading Spaces Required:
[NOTE TO CODIFIER: No changes made to this section]
Page 34 of 57
Page 74 of 193
■ 1 . 1 . 1 . 1 .
� .a�..n.•.�s�..a ..a�::.�:.c.��...:���.a ..ate
The Director of Planning and Building Safet may approve ""' ministrati„o
adjustments to the location, number, types and dimensions of loading spaces -as
provided in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
SECTION 14: ESMC Subsection 15-18-5 (B) of Chapter 15-18 (Signs) regarding
Administrative Use Permits, Adjustments, Variances, And Conditional Uses for signs is
amended as follows:
B. Administrative Use Permits, Adjustments, Variances, Andand Conditional
Uses:
21. Signs that require the approval of an administrative use permit will be
processed pursuant to chapter 22Chapters 22 and 23 of this title.
32. Deviations from any nonstructural provision of this chapter, including, but
not limited to, the number of permitted signs, the size of proposed signs up
to a maximum of twepty2O percent (20%) of the area of the building face,
and setbacks, may be granted upon the approval of an adjustment,
pursuant to chapter 24 Chapters 22 and 23 of this title. The Director may
consider a deviation request to be a request for a variance and refer the
request to the Planning Commission for review pursuant to chapter
23Chapters 24 and 28 of this title.
43. Except as otherwise provided, all deviations from this chapter must comply
with the variance procedures set forth in chapter 23Chapters 24 and 28 of
this title. All sign regulations for land uses requiring conditional use permits
are controlled by this chapter and must be processed without regard to the
proposed message, content, or copy of proposed signs.
SECTION 15: ESMC Chapter 15-22 regarding Administrative Determinations is deleted
and replaced with a new Chapter 22 to read as follows:
Page 35 of 57
Page 75 of 193
Chapter 22
ADMINISTRATIVE DETERMINATIONS, ADMINISTRATIVE USE PERMITS,
AND ADJUSTMENTS
15-22-1: PURPOSE
15-22-2: ADMINISTRATIVE DETERMINATIONS
15-22-3: ADMINISTRATIVE USE PERMITS
15-22-4: ADJUSTMENTS
15-22-1: PURPOSE
The purpose of this chapter is to establish the Director's authority to make
administrative determinations and to grant administrative use permits and
adjustments, and to set the required findings for making such decisions.
15-22-2: ADMINISTRATIVE DETERMINATIONS FOR USES NOT LISTED
A. Authority to make administrative determinations. When a use is not
specifically listed as either a permitted use or conditional use under a
particular zone, the Director, upon written request or upon his or her own
initiative, shall determine whether said use is sufficiently similar to a listed
use in the particular zone to justify a finding that it should be deemed either
a permitted use, a conditional use or that an administrative use permit is
necessary. The Director or designee may make administrative
determinations, subject to the process outlined in Chapter 23 of this title.
B. Administrative determination findings. Before permitting or classifying an
unlisted use, the Director shall first make the following findings:
1. The proposed use is consistent with the purpose of this Title;
2. The proposed use and its operation are compatible with the uses allowed
in the zone; and
3. The proposed use is similar in impact and character to one or more
permitted uses in the zone.
15-22-3: ADMINISTRATIVE USE PERMITS
A. Authority to grant. When a particular use is listed as subject to
administrative use permit, or if the Director determines that a use not listed
is similar to other uses subject to administrative use permit in a particular
zone, the Director may review and grant administrative use permits, subject
to the process set forth in Chapter 23 of this title.
B. Findings. Before granting an administrative use permit, the Director shall
first make the following findings:
Page 36 of 57
Page 76 of 193
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity.
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
C. Alcohol -related use findings: In addition to the four findings above, before
an alcohol -related administrative use permit may be granted, it shall also be
found that the State Department of Alcohol Beverage Control has issued or
will issue a license to sell alcohol to the applicant.
15-22-4 ADJUSTMENTS TO DEVELOPMENT STANDARDS
A. Authority to grant. Whenever a strict interpretation of the provisions of this
title or its application to any specific case or situation pertaining to the
following items would result in the unreasonable deprivation of the use or
enjoyment of property, the Director or designee may grant an adjustment,
subject to the process set forth in Chapter 23 of this title.
B. Applicability. Adjustments may be granted for the following standards:
1. Fence or wall height to exceed permitted height by two feet.
2. Architectural landscape features which exceed the standards set forth in
section 15-2-14 of this title.
3. Signs which exceed the standards set forth in Chapter 18 of this title.
4. Noise permits which exceed the standards set forth in section 7-2-11 of this
Code.
5. Parking and loading space standards as set forth in Chapter 15 of this title.
6. Reduction of retention of a minimum of 50 percent of exterior building
perimeter wall height and/or deviation from development standards for life
safety purposes.
Page 37 of 57
Page 77 of 193
7. Deviation from development standards for reasonable access
accommodations.
8. Dimensions of required open space and size of required landscaping area
within required open space in the Multi -Family Residential (R-3) Zone as
set forth in section 15-4C-5 of this title.
9. Building height to exceed the maximum allowable height by not more than
five feet.
C. Findings. Before granting an adjustment, the Director shall make the
following findings:
1. That the proposed adjustment would not be detrimental to the neighborhood
or district in which the property is located;
2. That the proposed adjustment is necessary in order that the applicant may
not be deprived unreasonably in the use or enjoyment of his property; and
3. That the proposed adjustment is consistent with the legislative intent of this
title.
D. Reasonable access accommodations: In addition to the adjustment findings
above, the following findings must be made before any action is taken to
approve or deny a request for a deviation from development standards for
reasonable access accommodations:
1. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the California
Fair Employment and Housing Act, Government Code § 12900 et seq.
("Act"), as amended.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act.
SECTION 16: ESMC Chapter 15-23 regarding Variances and Conditional Use Permits is
deleted and replaced with a new Chapter 15-23 regarding Director Discretionary
Decisions to read as follows:
Page 38 of 57
Page 78 of 193
Chapter 23
DIRECTOR DISCRETIONARY DECISIONS
15-23-1:
APPLICABILITY
15-23-2:
APPLICATION PROCEDURE
15-23-3:
REVIEW FOR COMPLETENESS
15-23-4:
DECISION
15-23-5:
PLANNING COMMISSION REVIEW
15-23-6:
NOTIFICATION
15-23-7:
APPEALS
15-23-8:
EFFECTIVE DATE
15-23-9:
EXPIRATION
15-23-10:
TIME EXTENSIONS
15-23-1: APPLICABILITY
The Director shall make administrative decisions on discretionary applications
including, but not limited to, the following:
1. Adjustments
2. Administrative determinations
3. Administrative use permits
4. Downtown design review, as set forth in Downtown Specific Plan Chapter
V
5. Off -site parking covenants, as set forth in Chapter 15 of this Title
6. Precise plan modifications
7. Other discretionary applications as specified in this Title
15-23-2: APPLICATION PROCEDURE
The applicant for any of the above -referenced applications shall apply in writing
using application forms provided by the Development Services Department,
stating the type of discretionary permit desired. The applicant must submit the
application form and any additional materials required by the Department along
with the required filing fee to cover the cost of investigation and processing.
Page 39 of 57
Page 79 of 193
15-23-3: REVIEW FOR COMPLETENESS
The Director or designee may request any additional information deemed
necessary to evaluate the application. After all the necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-23-4: DECISION
After an application is deemed complete, a written determination as to the approval
or denial of the application must be issued within 10 business days. The written
determination shall state the findings for a decision. In approving an application,
the Director has the authority to attach conditions to the approval if deemed
necessary.
15-23-5: PLANNING COMMISSION REVIEW
The Director or designee must send copies of the findings and decision to the
applicant. Written determinations on discretionary decisions made by the Director
or designee must be placed as receive and file items on the next available agenda
of the Planning Commission. Any Planning Commissioner may request that an
item be discussed and a decision on the application be made by the Planning
Commission instead of received and filed. No decision of the Director is final until
the decision is received and filed or acted upon by the Planning Commission, or
upheld on appeal.
15-23-6: NOTIFICATION
Before the written determination is placed on a Planning Commission agenda the
Director or designee shall give public notice, as provided for in Chapter 28 of this
Title, of the Planning Commission's intent to receive and file the Director's
determination The notice shall be mailed or delivered only to the owners and
occupants of real property within 150 feet of the real property that is the subject of
the determination. Administrative determinations that are not associated with a
specific property, are not subject to this public notification requirement.
15-23-7: APPEALS
Decisions by the Director or designee on applications listed in Section 15-23-1 are
appealable to the Planning Commission. All appeals must be processed as
provided by chapter 29 of this title.
15-23-8: EFFECTIVE DATE
Permits granted pursuant to this chapter shall not become effective until 10 days
from the granting thereof has elapsed or, if an appeal is filed or a review called,
until final determination has been made on the appeal or review.
Page 40 of 57
Page 80 of 193
15-23-9: EXPIRATION
Permits granted pursuant to this chapter shall become null and void if the privileges
granted thereunder are not utilized within one year from the effective date thereof.
15-23-10: TIME EXTENSIONS
Permits granted pursuant to this chapter may be extended for an additional period
to be specified by the Director; provided that prior to the expiration date, a written
request for a time extension is filed with the Director.
SECTION 17: ESMC Chapter 24 regarding Adjustments is repealed and replaced with a
new Chapter 24 regarding Variances and Conditional Use Permits:
Chapter 24
VARIANCES AND CONDITIONAL USE PERMITS
15-24-1: PURPOSE OF VARIANCE
15-24-2: AUTHORITY TO GRANT VARIANCE
15-24-3: VARIANCE FINDINGS
15-24-4: PURPOSE OF CONDITIONAL USE PERMIT
15-24-5: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
15-24-6: CONDITIONAL USE PERMIT FINDINGS
15-24-1: PURPOSE OF VARIANCE
The purpose of any variance is to allow for deviations from the development
standards contained in this Title. Those standards which are determined at the
discretion of the Planning Commission, City Council, or administratively shall not
be subject to the variance process. However, a variance shall not grant a special
privilege not shared by other property in the same vicinity and zone.
15-24-2: AUTHORITY TO GRANT VARIANCE
When practical difficulties, unnecessary hardships or results inconsistent with the
general purpose of this Title result through the strict and literal interpretation and
enforcement of the provisions thereof, the Planning Commission shall have
authority, subject to the provisions of this Title, to grant upon such conditions as it
may determine such variance from the provisions of this Title as may be in
harmony with its general purpose and intent, so that the spirit of this Title shall be
observed, public safety and welfare secured and substantial justice done. A
variance granted pursuant to the provisions of this Section shall run with the land
and shall continue to be valid upon change of ownership. Variance requests shall
be processed as set forth in Chapter 28 of this Title.
Page 41 of 57
Page 81 of 193
15-24-3: VARIANCE FINDINGS
Before any variance may be granted, it shall be found:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply generally
to the other property or class of use in the same vicinity and zone;
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone but which is denied to the property in question;
C. That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvement in such vicinity
and zone in which the property is located; and
D. That the granting of the variance will not adversely affect the General Plan.
15-24-5: PURPOSE OF CONDITIONAL USE PERMIT
The purpose of a conditional use permit shall be:
A. To assure the compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
B. To assure the proposed use is consistent and compatible with the purpose
of the zone in which the site is located; and
C. To recognize and compensate for potential impacts that could be generated
by the proposed use, such as noise, smoke, dust, fumes, vibration, odors,
traffic and hazards.
15-24-4: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
The Planning Commission may grant a conditional use permit upon application
for such uses allowed by this Title, subject to the process set forth in Chapter 28
of this Title.
15-24-6: CONDITIONAL USE PERMIT FINDINGS
A. General: Before a conditional use permit may be granted, it shall be found
that:
1. The proposed location of the use is in accord with the purpose of this Title
and the purposes of the zone in which the site is located;
Page 42 of 57
Page 82 of 193
2. The proposed location of the use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. The proposed use will comply with each of the applicable provisions of this
Chapter.
B. Alcohol sales: Before a conditional use permit may be granted for the sale
of alcohol, it shall be found that:
1. The State Department of Alcohol Beverage Control has issued or will issue
a license to sell alcohol to the applicant;
2. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
3. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located;
4. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity; and
5. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
SECTION 18: ESMC Chapter-15-24A regarding Right of Way Dedications and
Improvements is renumbered as Chapter 15-31.
SECTION 19: ESMC Chapter 15-25 regarding Appeal or Review is deleted and
replaced with a new Chapter 15-25 regarding Site Plan Review to read as follows:
Page 43 of 57
Page 83 of 193
Chapter 25
SITE PLAN REVIEW
15-25-1: PURPOSE
15-25-2: APPLICABILITY
15-25-3: AUTHORITY TO GRANT
15-25-4: FINDINGS
15-25-1: PURPOSE
A site plan review is a discretionary land use permit that is required for any
proposed project that meets the criteria set forth in section 15-25-2 of this chapter.
The purpose of the site plan review process is to:
A. Ensure that the project is compatible with the area in which it is located;
B. Allow all City departments the opportunity to review development proposals
and place reasonable conditions to ensure that the public health, safety and
welfare are maintained.
15-25-2: APPLICABILITY
A site plan review pursuant to this chapter is required for development that meets
any of the following criteria:
A. Single-family residential development of more than 10 residential units;
B. Multi -family residential development of more than 10 units;
C. New commercial, institutional or industrial development that includes
structures which have a combined gross floor area of more than 50,000
square feet (not including parking structures);
D. Additions to existing structures if the combined total additions exceed
50,000 square feet of gross floor area, but not including parking structures;
E. For projects with a mix of residential and commercial, institutional or
industrial uses, if any criteria above applies, the entire project is subject to
site plan review.
15-25-3: AUTHORITY TO GRANT
The Planning Commission is shall review and consider site plan review
applications, subject to the process set forth in Chapter 28 of this Title.
Page 44 of 57
Page 84 of 193
15-25-4: FINDINGS
In order to approve or conditionally approve the site plan, the approval authority
shall make the following findings:
A. The proposed development, including the general uses and the physical
design of the development, is consistent with the General Plan;
B. The proposed development, including the general uses and the physical
design of the development, is consistent with the intent and general purpose
of the provisions of this Code and any applicable development agreement;
and
C. The proposed development, including the general uses and the physical
design of the development, will not adversely affect the orderly and
harmonious development of the area and the general welfare of the City.
If such findings cannot be made, the site plan shall be denied.
SECTION 20: ESMC Chapter 15-26 regarding Amendments is deleted and replaced
with a new Chapter 15-26 regarding Coastal Zone Development Permits:
Chapter 26
COASTAL ZONE DEVELOPMENT PERMITS
15-26-1: PURPOSE
15-26-2: APPLICABILITY
15-26-3: EXEMPT DEVELOPMENT
15-26-4: AUTHORITY TO GRANT
15-26-5: FINDINGS
15-26-1: PURPOSE
Coastal development permits are required to ensure that all public and private
development in the Coastal Zone of El Segundo is consistent with the City's
certified Local Coastal Plan. The area affected by these regulations is located west
of Vista Del Mar. As used in this chapter, "Coastal Zone" is as defined by the
California Coastal Act, Public Resources Code sections 30100 et seq.
15-26-2: APPLICABILITY
A. In addition to any other permits or approvals required by the City, a coastal
development permit (CDP) shall be required and obtained from the City
prior to commencement of any development in the City's Coastal Zone,
except:
Page 45 of 57
Page 85 of 193
1. Developments on tide lands, submerged lands, or public trust lands over
which the Coastal Commission has original permit jurisdiction.
2. Developments determined to be exempt from the CDP requirements
pursuant to State law or regulations.
15-26-3: EXEMPT DEVELOPMENT
A. No fee, public hearing, notice, or development permit shall be required for
the types of development classified as exempt from CDP requirements by
State law or regulations.
B. Whenever a permit is issued in the Coastal Zone by any City department
and it is determined that the subject of the permit does not require a CDP
because it is exempt, a memorandum to that effect shall be appended to
the City's file copy of the permit. The file copy of the permit and the
memorandum shall contain the applicant's name, the location of the project,
and a brief description of the project.
15-26-4: AUTHORITY TO GRANT
The Planning Commission shall have the authority to grant all CDPs within the
City's Coastal Zone subject to the findings listed below and the process set forth
in Chapter 15-28 of this Title, California Government Code sections 65920-
665964.1 (Permit Streamlining Act), and in Public Resources Code Division 20
(California Coastal Act).
15-26-5: FINDINGS
Before any CDP may be granted, the Planning Commission shall make the
following findings:
A. That the development conforms to the certified Local Coastal Plan; and
B. That the development conforms to the Coastal Act public access and
recreational policies.
SECTION 21: ESMC Chapter 15-27 regarding Hearings, Notices and Fees is deleted
and replaced with a new Chapter 15-27 regarding Amendments:
Page 46 of 57
Page 86 of 193
Chapter 27
AMENDMENTS
15-27-1:
PURPOSE
15-27-2:
AUTHORITY TO GRANT
15-27-3:
FINDINGS
15-27-1:
PURPOSE
Whenever public necessity, convenience and general welfare require, a
modification of the General Plan, a specific plan, or the zoning boundaries
established by this Title, the classification of permitted or conditionally permitted
uses, or other provisions of this Title, such changes may be undertaken in one of
the following methods:
A. A General Plan Amendment;
B. A Specific Plan Amendment;
C. A Precise Plan Amendment;
D. A Zone Map Change; and
E. A Zone Text Amendment.
15-27-2: AUTHORITY TO GRANT
The City Council is authorized to approve amendments listed in Section 15-27-1,
subject to the process set forth in Chapter 28 of this Title.
15-27-3: FINDINGS
A. General: Before any amendment is approved, the City Council shall make
the following findings:
1. The amendment must be consistent with the General Plan.
2. The amendment is necessary to serve the public health, safety, and
general welfare.
B. Zone Changes: The City Council shall make the following additional
findings for zone changes:
3. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
Page 47 of 57
Page 87 of 193
4. The benefits of the proposed change of zone will clearly outweigh any
potential adverse effects to adjoining property or the area.
SECTION 22: ESMC Chapter 15-27A regarding Development Impact Fees is
renumbered as Chapter 15-32.
SECTION 23: ESMC Chapter 15-28 regarding Enforcement; Penalty is renumbered as
Chapter 15-30
SECTION 24: ESMC Chapter 15-28 regarding Public Hearings is added as follows:
Chapter 28
PUBLIC HEARINGS
15-28-1:
PURPOSE
15-28-2:
APPLICABILITY AND HEARING AUTHORITY
15-28-3:
APPLICATION PROCEDURE
15-28-4:
REVIEW FOR COMPLETENESS
15-28-5:
SETTING OF HEARING DATES
15-28-6:
NOTICE REQUIREMENTS
15-28-7:
CONTINUATION
15-28-8:
PLANNING COMMISSION DECISIONS
15-28-9:
PLANNING COMMISSION RECOMMENDATIONS
15-28-10:
APPLICATION AND HEARING RECORD
15-28-1: PURPOSE
The purpose of this Chapter is to establish procedures for processing applications
in this Title that require public hearings before the Planning Commission and/or
City Council.
15-28-2: APPLICABILITY AND HEARING AUTHORITY
Public hearings shall be held by the following two bodies as follows:
A. City Council. Applications that require a public hearing before the City
Council include, but are not limited to:
1. Conditional Use Permit for onsite sale and consumption of alcohol at bars.
2. Density Bonus Agreement.
3. Development Agreement.
4. Final Map/Subdivision.
Page 48 of 57
Page 88 of 193
5. General Plan Amendment.
6. Historic Resource Designation as set forth in Chapter 14 of this Title.
7. Precise Plan Amendment.
8. Zoning Text Amendment.
9. Change of Zoning District.
10. Applications referred to the City Council by the Planning Commission.
11. Appeals of Planning Commission decisions.
B. Planning Commission. Applications that require a public hearing before
the Planning Commission include, but are not limited to:
1. All applications listed in Subsection A (Planning Commission role is
advisory).
2. Animal Permit Appeal as set forth in Chapter 2 of title 6.
3. Certificate of Appropriateness as set forth in Chapter 14 of this title.
4. Coastal Development Permit.
5. Conditional Use Permit.
6. Off -site parking covenant as set forth in Chapter 15 of this Title.
7. Downtown Design Review as set forth in the Downtown Specific Plan.
8. Site Plan Review.
9. Tentative Map/Subdivision.
10. Variance.
11. Waiver of Parcel Map.
12. Requests referred by the Director.
13. Appeals of Director's decisions.
15-28-3: APPLICATION PROCEDURE
The applicant for any of the above requests, except those initiated by elected or
appointed bodies of the City or City Staff, shall apply in writing using application
forms provided by the Development Services Department, stating the type of
Page 49 of 57
Page 89 of 193
discretionary permit desired. The applicant must submit the application form and
any additional materials required by the Department along with the required filing
fee, in an amount established by the City Council.
15-28-4: REVIEW FOR COMPLETENESS
The Director or designee has the authority to request any additional information
deemed necessary to evaluate the application. After all necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-28-5: SETTING OF HEARING DATES
All proposals requiring a public hearing shall be set by the secretary of the Planning
Commission for hearings to be held before the Planning Commission, and by the
City Clerk for hearings to be held before the City Council.
15-28-6: NOTICE REQUIREMENTS
Applications requiring a public hearing shall contain specific information and be
distributed in the manner prescribed below.
A. Notification Process: Notice shall be provided in all of the following ways:
1. Notice of the hearing shall be mailed or delivered at least 10 days prior to
the hearing to:
a) the owner of the subject real property as shown on the latest equalized
assessment roll;
b) the owner's duly authorized agent, if any;
c) the project applicant;
d) each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose ability
to provide those facilities and services may be significantly affected;
e) all owners of real property as shown on the latest equalized assessment roll
within 300 feet and all occupants within 150 feet of the real property that is
the subject of the hearing, unless the application is for director discretionary
decisions, in which case only the owners and occupants of real property as
shown on the latest equalized assessment roll within 150 feet of the real
property that is the subject of the director decision shall be notified;
f) any owner of a mineral right pertaining to the subject real property who has
recorded a notice of intent to preserve the mineral right pursuant to Section
Page 50 of 57
Page 90 of 193
883.230 of the Civil Code, when a public hearing is required for a tentative,
final, or parcel map pursuant to the Subdivision Map Act;
g) any person who has filed a written request for notice with either the City
Clerk or the Director;
h) any other party as required by California Government Code §§ 65090-
65096 (Public Hearings);
i) The California Coastal Commission, if the development/project requires a
Coastal Development Permit according to Chapter 15-26 of this Title.
2. In lieu of using the assessment roll, the City may use records of the county
assessor or tax collector which contain more recent information than the
assessment roll.
3 If the number of owners to whom notice would be mailed or delivered
pursuant to subsection A1(e) is greater than 1,000, the City, in lieu of mailed
or delivered notice, may provide notice by placing a display advertisement
of at least 1/8-page in at least one newspaper of general circulation within
the City at least 10 days prior to the hearing.
4. Notice of the hearing shall also be published in at least one newspaper of
general circulation in the City at least 10 days prior to the hearing, or posted
in at least three public places within the City boundaries, including one
public place on the site or in the area directly affected by the proceeding.
The posting on the affected site or area and maintenance of such notice
shall be the responsibility of the applicant. Such notices shall be posted in
a manner prescribed by the Director.
B. Contents of notification: The contents of the public hearing notice shall
include:
1. A title stating "Notice of Public Hearing;"
2. The date, time and place of a public hearing;
3. The identity of the hearing body;
4. The City's file number(s) assigned to the application;
5. A general explanation of the matter to be considered; and
6. A general description, in text or as a diagram of the location of the
property.
7. Coastal Development Permits. If the development requires a Coastal
Development Permit, the notice shall also include a statement that the
Page 51 of 57
Page 91 of 193
project is located within the coastal zone and the procedures of City and
Coastal Commission appeals, including any City fees required, and a
statement of whether or not the proposed development is appealable to the
Coastal Commission.
15-28-7: CONTINUATION OF PUBLIC HEARING
If, for any reason, testimony on a case set for public hearing cannot be completed
on the date set for the hearing, the person presiding at the public hearing may,
before adjournment or recess thereof, publicly announce the time and place at
which the hearing will be continued. No further notice is required.
15-28-8: PLANNING COMMISSION DECISIONS
A. Decision: the Planning Commission shall announce its findings by formal
resolution. The resolution must recite the facts and findings for the granting
or denial of the application. If granted, the resolution shall also recite such
conditions and limitations as the Planning Commission may impose.
B. Notice: A copy of the Planning Commission resolution shall be mailed to the
applicant at the address shown on the application filed with the
Development Services Department and to any other person requesting a
copy.
Coastal development permits. Within seven calendar days following
Coastal Development Permit decisions, the City shall send a notice of final
local action to the Coastal Commission. The notice shall include a copy of
the Planning Commission resolution stating conditions of approval and
written findings and the procedures for appeal of the action to the Coastal
Commission.
C. Effective date: The action of the Planning Commission in granting or
denying an application shall become final and effective the day following the
end of a 10-day appeal period, unless a written appeal is filed with the City
Council or the Coastal Commission as provided by Chapter 26 of this Title.
D. Expiration: Requests approved by the Planning Commission shall expire
two years after the effective date if the privileges granted have not been
utilized.
F. Time extensions. Planning Commission decisions may be extended for an
additional period to be specified by the Planning Commission; provided that
prior to the expiration date, a written request for a time extension is filed
with the Director.
G. Appeals. Planning Commission decisions are appealable to the City
Council, except decisions on Coastal Development Permits, which are
Page 52 of 57
Page 92 of 193
appealable directly to the Coastal Commission. All appeals must be
processed as provided by Chapter 29 of this title.
H. Suspension and revocation of approval. Upon violation of an applicable
provision of this Title, or if granted subject to conditions, upon failure to
comply with conditions, or if approval was obtained by fraud, an approved
permit may be suspended automatically. The Planning Commission shall
hold a public hearing, in accordance with the procedures prescribed in this
Chapter, and if not satisfied that the regulation, general provision, or
condition is being complied with, may revoke the approval or take such
action as may be necessary to ensure compliance with the regulation,
general provision, or condition.
15-28-9: PLANNING COMMISSION RECOMMENDATIONS
All requests listed above requiring a decision by the City Council, except for
Development Agreements, shall first be reviewed by the Planning Commission at
a public hearing as set forth in this Chapter and the Planning Commission shall
make a recommendation to the City Council by resolution.
15-28-10: APPLICATION AND HEARING RECORD
The material related to any of the applications discussed in this chapter shall
become a part of the permanent official records of the respective hearing authority.
The permanent records shall consist of the following:
A. Application material, including the submitted application form, plans,
exhibits, and any other material submitted with the application form.
B. Reports and exhibits prepared by City staff prior to the hearings.
C. Hearing files, including minutes of the proceedings, exhibits, names of
persons who spoke, copies of notices and affidavits pertaining thereto.
D. Special studies performed to assist in the evaluation of requests, including
but not limited to, environmental assessments and related documentation.
E. Decisions, including resolutions, ordinances, findings, and conditions of
approval.
SECTION 25: ESMC Chapter 15-29 regarding Parking In -lieu Fees is renumbered as
Chapter 15-33 and new ESMC Chapter 15-29 regarding Appeals is added as follows:
Page 53 of 57
Page 93 of 193
Chapter 29
APPEALS
15-29-1: PURPOSE
15-29-2: APPEAL OF DIRECTOR'S DECISION
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
15-29-4: CITY COUNCIL ACTION
15-29-5: ADVERSE DECISION BY CITY COUNCIL
15-29-1: PURPOSE
The purpose of this Chapter is to establish procedures for appeal of Director and
Planning Commission decisions for those individuals aggrieved by those
decisions.
15-29-2: APPEAL OF DIRECTOR'S DECISION
A. Any individual may appeal a decision or determination of the Director to the
Planning Commission. The appeal shall be made within 10 calendar days
after the date of the Director's decision by filing a letter of appeal, with the
required appeal fee, with the secretary of the Planning Commission. In the
event that the tenth day falls on a holiday or weekend, the appeal letter may
be filed on the next business day. Any appeal of an administrative use
permit must be received, with the required appeal fee, prior to the decision
being received and filed by the Planning Commission. All appeals shall state
specifically wherein it is claimed there was an error or abuse of discretion
by the decision maker or where a decision is not supported by the evidence
in the record.
B. Following the receipt of an appeal, the Secretary shall transmit to the
Planning Commission the letter of appeal, the application and all other
papers constituting the record upon which the action of the Director was
taken. The Planning Commission shall hold at least one public hearing, in
the manner prescribed in Chapter 28 of this Title, on the matter. The hearing
shall be held within 40 calendar days of the appeal request, and the
Planning Commission may affirm, reverse, or modify the Director's decision.
The decision of the Planning Commission is appealable to the City Council,
pursuant to Section 15-29-3 of this Chapter.
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
A. Any individual may appeal a decision of the Planning Commission to the
City Council, except a decision regarding a Coastal Development Permit.
The appeal shall be made within 10 calendar days after the date of the
Planning Commission decision by filing a letter of appeal and paying the
Page 54 of 57
Page 94 of 193
required appeal fee with the City Clerk. In the event that the tenth day falls
on a holiday or weekend, the appeal letter may be filed on the next business
day. The appeal shall state specifically wherein it is claimed there was an
error or abuse of discretion by the Planning Commission or a decision is not
supported by the evidence in the record.
B. Scope of Hearing on Appeal: Appeals shall be reviewed de novo. The City
Council is not bound by the decision that has been appealed or limited to
the issues raised on appeal.
C. Coastal Development Permits. Planning Commission decisions on Coastal
Development Permits are appealable directly to the Coastal Commission.
An appeal of a Coastal Development Permit decision must be filed pursuant
to 14 Cal. Code Regs § 13111(c). The appeal must be received in the
Coastal Commission district office with jurisdiction over El Segundo on or
before the tenth working day after receipt of the notice of the permit decision
by the Coastal Commission's executive director. The appeal period for
projects approved by operation of law shall begin to run only upon the
receipt of the local government notice that it has to take final action by
operation of law pursuant to Government Code sections 65950 to 65957.1.
15-29-4: CITY COUNCIL ACTION
The City Council shall hold at least one hearing, in the manner prescribed in
Chapter 28 of this Title, on the decision of the Planning Commission which has
been appealed. The hearing shall be held within 40 calendar days of the appeal
request. The City Council may affirm, reverse or modify a decision of the Planning
Commission; provided, that if an appealed decision is reversed or modified, the
City Council shall, on the basis of the record transmitted and such additional
evidence as may be submitted, make the findings required by this Chapter a
prerequisite to granting the application or shall specifically decline to make such
findings. The decision of the City Council shall be final.
15-29-5: ADVERSE DECISION BY CITY COUNCIL
If the City Council, upon appeal of a Planning Commission decision, proposes an
action that is in any way contrary to the recommendations of the Planning
Commission, it may, before final action is taken, request further information from
the Planning Commission on the matter. Failure of the Planning Commission to
report to the City Council within 40 calendar days after the request may be deemed
to be consent by the Planning Commission to the proposed change.
SECTION 26: ESMC Chapter 15-30 regarding Site Plan Review is deleted.
Page 55 of 57
Page 95 of 193
SECTION 27: CONSTRUCTION. This Ordinance must be broadly construed in
order to achieve the purposes stated in this Ordinance. It is the City Council's intent that
the provisions of this Ordinance be interpreted or implemented by the City and others in
a manner that facilitates the purposes set forth in this Ordinance.
SECTION 28: ENFORCEABILITY. Repeal of any provision of the ESMC does not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 29: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire
Ordinance or its application is deemed invalid by a court of competent jurisdiction, any
repeal or amendment of the ESMC or other city ordinance by this Ordinance will be
rendered void and cause such previous ESMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 30: SEVERABILITY. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 31: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within 15 days after the passage and adoption of this Ordinance, cause it to be published
or posted in accordance with California law.
Page 56 of 57
Page 96 of 193
SECTION 32: This Ordinance will go into effect and be in full force and effect 30 days
after its passage and adoption.
PASSED AND ADOPTED this day of
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
, 2021.
Drew Boyles, Mayor
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of 2021, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the day of 2021, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
Page 57 of 57
Page 97 of 193
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: October 19, 2021
Agenda Heading: Public Hearings
Item Number: C.8
TITLE:
Introduction of an Ordinance Amending El Segundo Municipal Code Title 15 (Zoning
Code), Chapter 14: Historic Preservation, Chapter 15: Off-street Parking and Loading
Spaces, Chapter 22: Administrative Determinations, Administrative Use Permits, and
Adjustments, Chapter 23: Director Discretionary Decisions, Chapter 24: Variances and
Conditional Use Permits, Chapter 25: Site Plan Review, Chapter 26: Coastal Zone
Development Permits, Chapter 27: Amendments, Chapter 28: Public Hearings, and
Chapter 29: Appeals
RECOMMENDATION:
Waive the first reading and introduce an ordinance amending El Segundo Municipal
Code Title 15, Chapters 14, 15, 22, 23,24,25, 26, 27, 28, and 29; and schedule a
second reading for the November 2, 2021 City Council meeting.
(This proposed zone text amendment is exempt from review under the California
Environmental Quality Act (CEQA). Specifically, Section 15061(b)(3) applies, which is
the "common sense exemption." This is applied "where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment..." The proposed Zoning Code revisions consolidate permit types and
processes. This Code revision does not delete or substantially change any lists of uses,
development standards or findings required thereof, and therefore does not have the
potential to cause significant effects on the environment.)
FISCAL IMPACT:
There are no direct fiscal impacts associated with amending the Municipal Code.
BACKGROUND:
The proposed amendments to Title 15 of the El Segundo Municipal Code (Zoning Code)
result from staff's ongoing efforts to improve the City's development review process. In
the past several years, staff have made efforts to simplify and streamline the review of
planning permits, both discretionary (approved by the Planning Commission and/or City
Page 98 of 193
Zone Text Amendment — Zoning processes
October 19, 2021
Page 2 of 5
Council) and ministerial (approved by the Development Services Director). The
proposed Ordinance (Attachment 1) consolidates the permit review processes located
throughout several chapters of the Zoning Code.
The Zoning Code was last comprehensively updated in 1993. Since 1993, the Zoning
Code has been amended to address specific issues or update singular chapters. For
example, updates to the parking regulations in 2011, and updates to the R-1 regulations
and a "clean-up" ordinance (i.e. correcting typographical errors, adding clarifying
language in the Zoning Code, eliminating redundancies or conflict within the Zoning
Code) in 2017. The proposed ordinance is a first step towards a much needed semi -
comprehensive update of the Zoning Code, to simplify and streamline the approval
process for planning associated permits.
This update consolidates the processes associated with various discretionary permit
types, making the Zoning Code easier to manage and understand. Providing clearer
and simpler processes will improve customer service, consistent with City Council
Strategic Goal No. 1, to enhance customer service and engagement. Simplifying the
development process is also consistent with City Council Strategic Goal No. 5, to
champion economic development and fiscal sustainability. Finally, the proposed
process improvements coincide with the City's new permit software system. The new
software system will have several features that ease the permit process, including
integration with the City's accounting software, web -based permit processing and
tracking, and process workflow. The proposed ordinance is therefore consistent with
Strategic Goal No. 4, to develop and maintain quality infrastructure and technology.
DISCUSSION:
The following summarizes the more significant proposed revisions recommended to the
City Council by the Planning Commission. The Planning Commission staff report is
attached to provide additional information regarding the proposed amendments.
The proposed amendments fall into three categories:
1. Permits approved by the Development Services Director.
2. Permits approved by the Planning Commission.
3. General clean-up items (i.e. references to the Department's name change from
Planning and Building Safety to Development Services).
1. Development Services Director Permits
There are six existing types of administrative permits considered by the Development
Services Director, each with its own unique process:
1. Administrative Adjustment
2. Adjustment
Page 99 of 193
Zone Text Amendment — Zoning processes
October 19, 2021
Page 3 of 5
3. Administrative Use Permit
4. Administrative Use Permit (alcohol)
5. Off -site parking Covenants (Director)
6. Minor Coastal Development Permit
The six existing administrative permit types are proposed to be reduced to three,
simplifying and creating consistency between the processes as follows:
1. `Administrative Adjustments' is consolidated with `Adjustments' because they are
redundant permit types.
2. `Administrative Use Permit' and an 'Administrative Use Permit (alcohol)' are
combined into a single `Administrative Use Permit.' The only current difference
between the two is that the alcohol permit is forwarded to City Council for review.
Council review is proposed to be removed, thus consolidating the two processes.
It is important to note that if a concern arises from City Council, the appeal
process remains, which allows the Director's decision to be appealed to the
Planning Commission and ultimately to the City Council. This consolidation of
alcohol use permits will typically save the applicant at least 30 days in processing
time.
3. Director -reviewed `Off -site Parking Covenants' authorize the Director to
administratively approve up to 20 off -site parking spaces or 20 percent of
the required parking spaces, whichever is greater. This permit type will remain,
but the review process has been revised to be consistent with the other
administrative permits considered by the Development Services Director.
4. `Minor Coastal Development Permits' are consolidated with more significant
coastal permits that are considered by the Planning Commission. All coastal
permits will now be heard by the Planning Commission (there are few of these).
Each permit type currently has a unique process. Staff has determined where unique
processes can be consolidated to make the overall procedure more efficient. The
proposed ordinance reduces the number of permit types to three: Adjustments,
Administrative Use Permits, and Off -Site Parking Covenants, and will result in more
efficiency by consolidating them into a single standardized process.
2. Planning Commission Permits
There are five existing types of permits considered by the Planning Commission, each
with its own unique process:
1. Conditional Use Permits (CUP)
2. CUPs for Bars
3. Variance
4. Off -site Parking Covenant (Planning Commission)
5. Coastal Development Permit
Page 100 of 193
Zone Text Amendment — Zoning processes
October 19, 2021
Page 4 of 5
The five existing permit types are proposed to be reduced to four, simplifying and
creating consistency between the processes as follows:
• CUP for bars is consolidated with other CUPs. Currently, a CUP for alcohol
service at a bar must be considered by both the Planning Commission and City
Council. The proposed ordinance eliminates the additional City Council step for
final approval. However, City Council may still consider alcohol permits if there is
an appeal, as is the case with all Planning Commission decisions.
• CUPs, Variances, Off -Site Parking Covenants, and Coastal Development
Permits are proposed to be consolidated into one process.
3. General Clean-up Items
The proposed Ordinance also includes text clarifications and miscellaneous clean-up
edits to the Zoning Code. Staff positions and titles are updated, Historical Preservation
procedures are clarified, several of the Chapters are re -ordered, and cross-references
are included to facilitate ease of use by staff and the public.
FUTURE UPDATES:
Staff continues to review and evaluate the need for future updates to the Zoning Code
and will be bringing forth additional ordinances to further streamline the standards and
permit processes. Future ordinance updates may include:
Simplifying development standards: The Zoning Code establishes development
standards for buildings and uses. Some standards are overly complicated and are often
located in obscure locations within the Zoning Code. A future ordinance would simplify
those standards and relocate them to more intuitive places in the Zoning Code with
cross-refences, making the Code more user-friendly.
Standardize permitted uses: A future Zoning Code amendment will standardize the
lists of permitted uses using consistent terminology. The absence of integrated use
tables is a significant deficiency in the current Zoning Code, causing delays and
frustration for both the public and staff.
Outdoor dining areas: The Zoning Code currently requires a CUP for outdoor dining in
most nonresidential zones. A future ordinance would make
outdoor dining areas a permitted accessory use, with applicable design and
development standards (i.e. aesthetics, parking, etc.).
Temporary uses and special events: Events on private property are not clearly
addressed in the Zoning Code, which causes confusion and delay for both public and
staff. A future ordinance would establish a clear process and standards for temporary
uses and special events.
Page 101 of 193
Zone Text Amendment — Zoning processes
October 19, 2021
Page 5 of 5
GENERAL PLAN CONSISTENCY:
Zoning Code Section 15-1-1 (Purpose, Title) states that the Zoning Code is the primary
tool for implementation of the goals, objectives, and policies of the El Segundo General
Plan. Outlined in the proposed Ordinance, the Planning Commission has found that this
Zone Text Amendment is consistent with the General Plan goals, objectives, and
policies to recommend City Council approval of the proposed amendment.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo Provides unparalleled service to internal and external
customers.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Goal 5: Champion Economic Development and Fiscal Sustainability
PREPARED BY:
Paul Samaras, AICP, Principal Planner
REVIEWED BY:
Michael Allen, AICP, Development Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Ordinance Amending ESMC Title 15
2. Planning Commission Staff Report - March 25, 2021
Page 102 of 193
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
15 (ZONING REGULATIONS) TO REORGANIZE CHAPTERS AND
STREAMLINE THE REVIEW AND APPROVAL PROCESSES FOR
DISCRETIONARY APPLICATIONS.
(ZONE TEXT AMENDMENT NO. 18-07)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On December 18, 2018, the City initiated the process to amend El Segundo
Municipal Code (ESMC) Title 15 (Zoning Regulations) to reorganize
chapters and streamline the review and approval processes for
discretionary applications;
B. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines");
C. On March 25, 2021, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided by city staff; and, adopted Resolution No.
2863 recommending that the City Council approve the proposed
amendments;
D. On October 19, 2021, City Council held a public hearing and considered the
information provided by City staff and public testimony regarding this
Ordinance; and
E. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at its October 19, 2021 hearing and the staff report submitted
by the Development Services Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing
this ordinance will result in the following amendments to the ESMC:
A. Sections 3(H), 3(J), 5, 6, and 7 of Chapter 15-15 regarding Off Street
Parking and Loading are amended to establish new processes for various
parking -related application requests;
B. Section 15-18-5(B) regarding sign regulations is amended to update
references to other ESMC chapters;
Page 1 of 56
Page 103 of 193
C. Chapters 15-12, 15-23, 15-24A, 15-27A, 15-28, 15-29, and 15-30 are
renumbered without modification to the text;
D. Chapters 15-22, 15-24, 15-25, 15-26, and 15-27 regarding administrative
determinations, administrative use permits, adjustments, appeals,
amendments and public hearings are reorganized and application approval
processes amended;
SECTION 3: General Plan Findings. As required under Government Code Section 65860,
the ESMC amendments proposed by the Ordinance are consistent with the El Segundo
General Plan in that the proposed ordinance establishes new, and streamlines existing,
processes for the review and approval of ministerial and discretionary planning permits.
As such, the Ordinance is consistent with the General Plan goals, objectives and policies.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), and based on the findings set forth in Section 2, the proposed ordinance
is consistent with and necessary to carry out the purpose of the ESMC as follows:
A. The ordinance is consistent with the purpose of the ESMC, which is to serve
the public health, safety, and general welfare and to provide the economic
and social advantages resulting from an orderly planned use of land
resources.
B. The ordinance is necessary to facilitate the development process and
ensure the orderly development of buildings, parking areas, landscaping,
and the location of uses in the City. The intent of the ordinance is to
establish new, and streamline existing, processes for the review and
approval of ministerial and discretionary planning permits, which will
facilitate and expedite the development process and provide economic and
social benefits resulting from the orderly planned use of land resources.
SECTION 5: Environmental Assessment. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"),
and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000,
et seq., the "State CEQA Guidelines"), the proposed ordinance is exempt from further
review, because it consists only of minor revisions and clarifications to existing zoning
regulations and related procedures. It does not have the effect of deleting or substantially
changing any regulatory standards or findings required thereof. The proposed Ordinance
is an action that does not have the potential to cause significant effects on the
environment. In addition, any environmental impacts associated with this ordinance are
adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent
with the General Plan FEIR and is exempt from further environmental review
requirements under the California Environmental Quality Act. Furthermore, this ordinance
constitutes a component of the El Segundo Municipal Code which the Planning
Commission determined to be consistent with the FEIR for the City of El Segundo General
Plan adopted on December 1, 1992. Accordingly, no further environmental review is
required pursuant to 14 Cal. Code Regs. §15168(c)(2).
Page 2 of 56
Page 104 of 193
SECTION 6: ESMC Section 15-5G-10 regarding the C-4 (Commercial Center) zone
Site Plan Review process is deleted.
SECTION 7: ESMC Chapter 15-12 regarding Coastal Zone Development Permits is
deleted.
SECTION 8: ESMC Sections 2-7, 9, and 11 of Chapter 15-14 regarding Historic
Preservation are amended as follows:
Chapter 14
HISTORIC PRESERVATION
15-14-1: PURPOSE
15-14-2: AUTHORITY OF PLANNING COMMISSION
15-14-43: DESIGNATION OF CULTURAL RESOURCES
15-14-54: LIST OF DESIGNATED CULTURAL RESOURCES
15-14-65: DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS
15-14-76: PROCEDURE AND CRITERIA; AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS
15-14-7: CERTIFICATE OF APPROPRIATENESS CRITERIA AND
CRITERIA EXEMPTIONS
15-14-8: DUTY TO KEEP IN GOOD REPAIR
15-14-9: ORDINARY MAINTENANCE AND REPAIR
15-14-10: EMERGENCY WORK ON DESIGNATED CULTURAL
RESOURCES:
15-14-11: ENFORCEMENT AND PENALTIES
15-14-2: AUTHORITY OF PLANNING COMMISSION:
A. The Planning Commission shall have the power and authority to perform
all of the duties enumerated and provided in this Chapter and shall act in
accordance with its established rules and bylaws.
meeting,B. For the purposes of this Chapter, the Director -of Community, Economic
and Planning and Building Safety, or the Director's designee, shall serve
as administrative staff and as secretary to the Commission. The secret
shall keep minutes of each - the
official actions taken,
. _ ..of the Commission, and maintain records of operati
C. The Commission shall have the following powers and duties:
To maintain a local register of cultural resources and historic sites.
Page 3 of 56
Page 105 of 193
2. To recommend removal of a designated cultural resource.
3. To review and comment upon the conduct of land use, housing,
Mmunicipal improvements, and other types of planning and programs
undertaken by any agency of the City, the County, or the State as they
relate to the cultural resources and historical sites ofwithin the City.
4. To report to the City Council on the use of various Federal, State, local, or
private funding sources and mechanisms available to promote
preservation of cultural resources and historical sites in the City.
5. To review applications for alteration, construction, demolition, relocation,
and restoration of proposed or designated cultural resources and approve
or deny certificates of appropriateness for such actions pursuant to
Sections 15-14-85 through 15-14-7 of this Chapter.
6. To cooperate with local, County, State and Federal governments and
private organizations in the pursuit of the objectives of historic
preservation within the City.
7. To ensure that designation of a building or structure as a designated
cultural resource shall not infringe upon the rights of private owners to
make any and all reasonable uses of such designated cultural resource
which are not inconsistent with the purposes of this Chapter.
15-14-3: NOTICE OF PUBLIC HEARINGS:
A. Whenever this Chapter calls for a public hearing the owner of the affected
building or structure ire andall property owners within a throe hundred font
(300') radius of the subject property shell he sent written notice of the
public blic hearing by mail not less than ten (10) days prior to the hearing
Notice shall also he advertised once ten (10) days prior to a he
newspaper of general circa ilatiB. The notice shall give the nn
date, tome and place of the hearing,
the location of
the property, andana description of the proposer! action affecting the
Nproperty. (Ord 1217 11_16_1993)
15-14-43: DESIGNATION OF CULTURAL RESOURCES:
A. Procedures: Requests for designation of a cultural resource are voluntary
and may be made by or with the written consent of the property owner, by
filing an application with the Development Services Department of
Community, snit„ Economic and 6e„elopment Services. The designation of a
cultural resource is strictly voluntary, not mandatory.
1. The Commission shall hold a noticed public hearing on the matter as set
forth in Chapter 15-28within forty five (5) days of receipt of the complete
Page 4 of 56
Page 106 of 193
application.Within- - aysthe hearing,the Commission shall
and provide a written recommendation to the City Council as to whether
the building or structure should be made a designated cultural resource. ff
structure as a designated cultural resource, the recommendation shall
0 nclude the reasons for designating the building or structure as a
to mark it with a uniform and distinctive marker.
2 Within thirty (30) gays afte After receiving the recommendation of the
Commission, the City Council shall hold a noticed public hearing as set
forth in Chapter 15-28 and approve or deny the recommendation.
3. Any hearing may be continued for any reason by the consent of the City
and the property owner. If the property owner does not consent, there may
be no more than one continuance for a period not to exceed thirty one 31)
days if the additional time is needed to conduct further study of the cultural
resource. If an EIR or negative declaration is required, the time limits set
forth in California Public Resources Code section 21151.5 shall apply.
4. The City Council shall declare designated cultural resources by resolution,
which shall contain a statement as to why the cultural resource is so
designated. Any such resolution shall include a legal description of the
property involved, including lot and block number and the name of the
property owner. The resolution shall be duly recorded by the City Clerk in
the County Recorder's office.
B. Criteria: A cultural resource may be declared a designated cultural
resource if it meets the following criteria:
Must be at least fift 450) years old; and
2. It is associated with persons or events significant in local, State, or
national history; or
3. It reflects or exemplifies a particular period of national, State, or local
history; or
4. It embodies the distinctive characteristics of a type, style, period of
architecture, or method of construction.
C. Temporary Stay On Permits Pending Designation: No construction,
alteration, demolition, relocation, or restoration shall be allowed and no
other entitlement permits shall be issued with regard to any proposed
designated cultural resource from the time an application for designation is
made until the City Council has made a final decision to either approve or
deny the request for designation.
Page 5 of 56
Page 107 of 193
D. Removal Of Designation: A cultural resource designation may be removed
subject to the same procedures set forth above.
15-14-54: LIST OF DESIGNATED CULTURAL RESOURCES:
The Department of Gemm,,nity, EGenemiG and Deyelepment
SeFViGesDevelopment Services Department shall maintain a designated
cultural resources list which shall include the following information:
A. A legal description of each designated cultural resource, the names and
addresses of all owners of designated cultural resources, and assessor's
parcel numbers of designated cultural resources.
B. A legal description of the property included in any historic district, including
the special historical, aesthetic, cultural, architectural, or engineering
interests or value of the District.
C. Sketches, photographs or drawings of structures of all designated cultural
resources and other significant buildings or historical sites.
D. A statement of the condition of designated cultural resources and other
significant buildings or historical sites.
E. An explanation of any known threats to any designated cultural resource
and other significant buildings or historic sites.
15-14-65: DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS:
A. A certificate of appropriateness issued by the Gernmission or the city
Council on appeal, shall be required before the following actions affecting
a designated cultural resource may be undertaken: construction,
alteration, restoration, relocation, and demolition.
B. No building permit for any work on a designated cultural resource shall be
issued until a certificate of appropriateness is issued in the manner
provided for in this Chapter.
C. A certificate of appropriateness is not required for any ordinary repair and
maintenance as described in Section 15-14-9 of this Chapter.
15-14-76: PROCEDURE AND CRITERIA; AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS:
The Planning Commission may grant a certificate of appropriateness,
subject to the process set forth in Chapter 28 of this title.
Page 6 of 56
Page 108 of 193
Page 7 of 56
Page 109 of 193
The proposed alteration, construction or restoration will not adversely
affect exterior architectural features of the building or structure specified in
the designation; and
2. The proposed alteration, construction or restoration will not adversely
affect the special character; special historical, architectural or aesthetic
interest; nor the relationship and congruity between the subject structure
or feature and its neighboring structures and surroundings, as specified in
the designation.
GB. Gr�Fa; Demolition: A certificate of appropriateness for the demolition of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, find one or more of the following conditions exist:
The structure or building is a hazard to public health or safety; or
2. The site on which the designated cultural resource is located is required
for a public use which will be of more benefit to the public than its use as a
cultural resource and there is no practical alternative location for the public
use; or
3. Denial of the proposed application will result in unreasonable economic
hardship to the owner; it is not feasible to preserve or restore the
designated cultural resource; and the property owner will be denied the
reasonable beneficial use of the property if the application is denied.
DC. Criteria; Relocation: A certificate of appropriateness for the relocation of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, finds that:
One or more of the conditions set forth in subsection GB of this Section
exist;
2. The relocation will not destroy the historic, cultural or architectural value of
the designated cultural resource; and
3. The relocation is part of a definitive series of actions which will assure the
preservation of the designated cultural resource.
€D. Exemption for Unreasonable Economic Hardship: A property owner may
request an exemption from the provisions of this Chapter on the grounds
of unreasonable economic hardship for any alteration, construction,
restoration, demolition or relocation of a designated cultural resource.
A property owner requesting an exemption on the grounds of
unreasonable economic hardship shall provide the following information;
including, but not limited to:
Page 8 of 56
Page 110 of 193
Ownership and operation of the property, mortgage and financing
information, market value, structural integrity, rehabilitation costs,
assessed value, real estate taxes, debt service, and potential adaptive re-
use.
2. For income -producing property: a) annual gross income from the property
for the previous two R4 years; b) itemized operating and maintenance
expenses for the previous two R4 years; and c) annual cash flow, if any,
for the previous two R4 years.
3. For low-income owners: a statement of present household income and
number of persons in the household. "Low-income" households shall be
defined as meeting the income level established by the U.S. Department
of Housing and Urban Development.
4. The staff may require that a property owner furnish additional information
which would assist the Commission in making a determination as to
whether or not the property does yield or may yield a reasonable return to
the owner(s) (i.e., pro forma financial analysis). In the event that any of the
required information is not reasonably available to the property owner and
cannot be obtained by the property owner, the property owner shall file
with his affidavit a statement of the information which cannot be obtained
and shall describe the reasons why such information cannot be obtained.
The property owner shall have the burden of proof to establish
unreasonable economic hardship.
The Commission, or City Council on appeal, may grant an exemption on
the grounds of unreasonable economic hardship if it finds that the
application of the provisions of this Chapter to the proposed alteration,
construction, restoration, demolition or relocation would deny the property
owner reasonable beneficial use of the property and a reasonable rate of
return on the owner's investment in the property.
* * * * *15-14-9: ORDINARY MAINTENANCE AND REPAIR:
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on any
designated cultural resource that does not involve a change in design,
material, or external appearance thereof, nor does this Chapter prevent
the construction, alteration, restoration, demolition, or removal of any such
architectural feature if the Director of Gemm„nity, Economin and PI �nninrr
and Building Safety certifies to the Commission that such action is
required for the public safety due to an unsafe or dangerous condition.
Page 9 of 56
Page 111 of 193
15-14-11: ENFORCEMENT AND PENALTIES:
A. Any person who violates any provision of this Chapter or fails to obey an
order issued by the Commission or comply with a condition of approval of
any certificate of appropriateness issued under this Chapter shall be guilty
of a misdemeanor and subject to provisions of Section 15-28-215-30-2 of
this Title.
B. Any person who constructs, alters, removes, relocates, restores or
demolishes a designated cultural resource in violation of any provision of
this Chapter shall be required to restore the building, object, site, or
structure to its appearance or setting prior to the violation.
C. The Building Official shall have the authority to enforce all provisions of
this Chapter.
SECTION 9: ESMC Subsection 3(H) of Chapter 15-15 (Off Street Parking and Loading)
regarding Off -Site Parking is amended as follows:
H. Off -Site Parking:
Applicability: The Director may approve off -site parking locations within the
City for nonresidential uses to meet the parking requirements of this
chapter subject to the process set forth in Chapter 23 of this Title.
Such off -site parking locations must be secured with a covenant, approved
by the City Attorney, and recorded in the County Recorder's Office before
the City issues building permits. The off -site narking spaces used to
satisfy the parking regi iirements fnr -A rdifferent site must he surplus is to the
rent firer! narking spaces required for uses of the off site location
Alternatively, (` the Planning nmmissinn may approve a reduction of
rent firer! narking spaces as provided in this chanter
21. Director Review: The Director may review off -site parking covenants for a
maximum of twenty 20) parking spaces or twent 20 percent (20%) of the
required number of parking spaces, whichever is more. The parking
covenant may include such conditions as the Director may lawfully
impose.
32. Planning Commission Review: The Planning Commission must review all
off -site parking covenants for more spaces than the Director is authorized
to approve. Planning Commission review of off -site parking
covenants is subject to the process set forth in Chapter 28 of this
title. The parking covenant may include such conditions as the Planning
Commission may lawfully impose.
43. Off -Site Parking Findings Ofof Approval: Requests for off_ -site parking
must meet the following requirements:
Page 10 of 56
Page 112 of 193
a. The off -site parking must be located so that it will adequately serve the
use for which it is intended. In making this determination, the following
factors, among other things, must be considered:
(1) Proximity of the off -site parking facilities (i.e., 750 feet is a reasonable
maximum walking distance for high turnover uses such as retail sales,
services and restaurants);
(2) Ease of pedestrian access to the off -site parking facilities;
(3) Provisions for transportation to and from the off_ -site parking facility (e.g.,
shuttle or valet services);
(4) The type of use the off -site parking facilities are intended to serve.
b. The off -site parking spaces must be surplus to the required parking
spaces for uses at the off -site location, unless an adjustment is
approved based on an approved parking demand study pursuant to
Sections 15-15-30) and 15-15-6(C) of this chapter.
SECTION 10: ESMC Subsection 3(J) of Chapter 15-15 (Off Street Parking and Loading
Spaces) regarding Parking Exceptions is amended as follows:
Parking Exceptions:
Director Review: The Director of Planning and Building Safety may review
and approve requests for adminis+rati„o adjustments from the
requirements of this chapter as provided in chapter 24,
"Adj� �stmen+s°Chapters 22 and 23, of this title including, without limitation
the design and layout of parking facilities; the required number of parking
spaces; the dimensions of parking spaces; the type of loading spaces
required; aisles; driveways and curb cuts; paving materials and colors;
and striping. The types and extent of adjustments the Director of Planning
and Building Safety -is authorized to review administratively or is
authorized to review subject to a public hearing are specified in sections
15-15-5, 15-15-6, and 15-15-7 of this chapter.
2. Planning Commission Review: The Planning Commission must review
requests for parking reductions as specified in subsection 1 F_1 5 6C of +his
reductions specified r r r A J� � r-r-ram
chapter and may review administrative adjustments that are referred to it
by the Director of Planning and Building at a public hearing as
set forth in Chapter 28 of this title. Safety.
SECTION 11: Section 15-15-5 (Parking Area Development Standards) is amended as
follows:
Page 11 of 56
Page 113 of 193
15-15-5: PARKING AREA DEVELOPMENT STANDARDS:
A. Access Andand Circulation
Design: Parking facilities must be designed so that a car within a facility
will not have to enter a street to move from one (T) location to any other
location within the same facility.
2. Exit: Parking facilities in nonresidential zones must be designed in such a
manner that any vehicle on the property will be able to maneuver as
necessary so that it may exit from the property traveling in a forward
direction. However, vehicles may exit onto an alley traveling in a reverse
direction.
3 administrative Adjustments: The Director of Planning and Building Safet
may approve administrati„e adjustments from the site access and
circulation standards as provided in chapter 24, "Ardis istments°, Chapters
22 and 23 of this title.
B. Driveway and Parking Area Paving and Surfacing: All permanent on -site
parking, loading, vehicle storage and vehicle sales areas must be paved
with approved concrete or asphaltic concrete. On -site parking areas to be
used for not longer than one (1) year must be surfaced and maintained
with an impervious material acceptable to the Director so as to eliminate
dust and mud. All on -site parking areas must be graded and drained so as
to dispose of all surface water in accordance with the applicable storm
water regulations. The Director may at his discretion approveAcceptable
alternative paving materials such-asinclude decorative concrete,
permeable concrete, grasscrete, brick, or similar material of equivalent
durability. The Director may approve a dministrati„e adjustments from the
driveway and parking area paving standards for non-standard roadbed
construction and alternative roadway surfaces (such as drivable reinforced
turf) as provided in chapter 24, "Ardis istments°, Chapters 22 and 23 of this
title.
C. Parking Area Striping: All parking spaces must be clearly striped with
white, double four -inch wide stripes, one foot (V}apart. The Director
of Planning and Building Safety -may approve administratiadjustments
from the parking area striping standards as provided in chanter 24
"Adjustments", Chapters 22 and 23 of this title. The alternative designs
may include, without limitation, the use of colored concrete and other
decorative materials provided that alternative.Approved striping
o tp ionsalternati„es must clearly identify parking spaces and distinguish
them from adjoining walkways and drive aisles.
Page 12 of 56
Page 114 of 193
FIGURE 1 - PARKING AREA STRIPING
F iJ I '-!{--f 1 £" WIDE BY 6" HIGH
C7
CONCRETE T1RE STOP
ANCHORED TO THE GROUND.
2
4° WIDE PAINTED
WHITE STRIPES.
g
I I.,-- 6"
MINIMUM WIDTH
D. Parking Space Location:
Residential cam:
a. Required parking spaces, excepting guest spaces, must be located within
a garage or carport as required in Subsection S of this Section.
ab. Guest Spaces: No required guest parking space for any residential use
may be located, in whole or in part, in aaya required front yard or front
two-thirds of aaya required side yard.
2. Nonresidential cry:
a Encroachment: Parking spaces may encroach into a required street -facing
setback up to a maximum of f+fty50 percent (50%) of the required setback
area, provided a minimum landscaped setback of five feet (5'} is
maintained. Parking spaces may encroach into a required interior side and
rear setback up to the interior side or rear property line, provided that the
interior side and rear property line does not abut a public or private street.
b Mini um Lonriscaped Setback: Parking spaces that back up directly into a
driveway entrance must maintain a minimum landscaped setback of
twent 20 feet (2-0' from any street facing property line.
Page 13 of 56
Page 115 of 193
C. Access By Alloy: Where vehicular access is provided by an alley, parking
may intrude into the required rear yard; provided, however, the amount of
setback intruded upon must be replaced by increasing the other required
yards on site by an equivalent amount.
FIGURE 2 - PARKING SPACE LOCATION
APPROACH
Y
Q
W
O a W
�
u!
N
TIM
1
1
I
I
COMMERCIAL
I
I
BUILDING
1
�
1
f
�
I
1
I
7-6" VEHICLE
OVERHANG
E. Parking Lot Slope: The maximum slope for parking lots is five percent
(5%). The Director of Planning and Building Safety may approve
administrative adjustments from the parking lot slope standard as provided
in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
F. Tire Stops:
21. Location: Concrete tire stops must be provided in all parking lot areas
abutting a building, structure, sidewalk, planting aroma, street,-Gr alley or
other permanent feature such as a tree, bollard, utility box, or sign.
Tire stops shall be located two feet {2'} from the front of a parking space.
32. Continuous Curb: in lie u of a tore stop, aA continuous concrete curb may
be provided in lieu of a tire stop, provided the area within two feet of
the curb face (overhang area) is not required for pedestrian or
handicap access. The vehicle overhang area may be landscaped,
Page 14 of 56
Page 116 of 193
however this landscaped area does not count toward the required vehicle
use area landscaping.
3. Dimensions: Tire stops or curbs must be a minimum of six inches
wide and six inches tall.
FIGURE 3 - TIRE STOP DESIGN AND LOCATION
LANDSCAPING
CONCRETE TIRE STOP
CONCRETE WALKWAY
OR SIDEWALK
CONTINUOUSCURS
TIRE STOP ALTERNATIVE
2,�
. LANDSCAPING
CONCRETE TIRE STOP
6 2'-
aw" RADIUS B'
ANCHORING DOWEL
4 AdjustmentApproval: The Director of Planning and Building Safety may
approve adjustments from the tire stop standards as provided in ^ham
24 "Adjustments", Chapters 22 and 23 of this title.
G. Lighting:
Lights provided to illuminate any parking area or vehicle sales areas as
permitted by this Code must be arranged so as to direct the light away
from any premises upon which a residential dwelling unit is located.
2. Parking area light standards located within fifty50 feet (50Tof a property
line must not exceed +�^�T�enty-five25 feet {2-5} in height.
3. The Director may approve administrati„o adjustments from the lighting
standards as provided On chapter 241 "Adjustments", of this title
Page 15 of 56
Page 117 of 193
H. Landscaping:
1. All new or substantially redesigned parking areas must provide
landscaping as provided in chapter 2, "General Provisions", of this title.
I. Parking Space Dimensions:
1. Minimum Parking crane Interior Dimensions Interior Dimensions:
Space Type Minimum Width Minimum Length
Commercial standard
8.5 feet
18 feet
Residential standard
9 feet
20 feet
Residential - narrow lots'
8.5 feet
20 feet
Vehicle lift
11 feet
21 feet
Compact
8.5 feet
15 feet
Parallel
8.5 feet
24 feet
Accessible
See note 2
See note 2
Motorcycle
5 feet
9 feet
Bicycle
2 feet 5 feet
Notes:
1. Lots under 40 feet in width.
2. The dimensions of accessible parking spaces must comply with the Americans With
Disabilities Act (ADA), title III and California Code of Regulations (CCR), California Access Code,
title 24.
except2. Single -Family Dwelling�j Minimum Garage Dimensions: Twocar gar
for single family dwellings must have minimum interior dimensions
twenty feet by twenty feet (20' x 20'),
Page 16 of 56
Page 118 of 193
a. Two -car garages must have minimum interior dimensions of 20 feet
by 20 feet, except for narrow lots as indicated above.
FIGURE 4 - SINGLE-FAMILY DWELLING GARAGE
zo'-W
GARAGE DOOR OPENING
3b. cam -Family Dwelling Maximum Garage Dimensions: Individual garages
forsingle family dwellings must not exceed nine hundrW900) square
feet in size or a four-(4)-car capacity, whichever is less. Subterranean
garages and semi -subterranean garages that meet the definition of a
basement are exempt from this requirement.
43. djustmentApproval: The Director of Planning and Building Safety may
approve adjustments to the parking space dimensions standards as
provided in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
Compact Spaces Permitted: Compact parking is allowed for office,
industrial, hotel, and recreational uses up to a maximum of twepty20
percent (20%) of required parking spaces. Parking provided in excess of
the required number may be compact in size. Compact spaces cannot be
allowed for retail uses.
K. Tandem Spaces Permitted: All tandem parking spaces, where allowed,
must be clearly outlined on the surface of the parking facility.
TANDEM SPACES PERMITTED
Page 17 of 56
Page 119 of 193
Use
Single-famil)F and two-family
residentiald�^�el�o�;ngs
Multiple -family residential
Retail uses and services
Industrial uses
Officee—
Restaurants—
Maximum
Percentage Oof
Required
Spaces
100
Prohibited
Prohibited
20
20
Prohibited
Maximum
Percentage Oof
Required Spaces Maximum
fin Smoky Hollow I Depth
F_
n/a , 2 spaces'
n/a
n/a
30 2 spaces
85 2 spaces
85 12 spaces
10 ' 2 spaces
Notes:
1. Tandem spaces for single- and two-family dwellings must be assigned to the same
unit.
2. Tandem parking is permitted for multiple -family residential developments involving
density bonuses, pursuant to Government Code section 65915.
The Director may approve
adjustments to the tanden
"Adjustments", of this t;tlo required number and standards for tandem
parking spaces as provided in Chapters 22 and 23 of this title, subject
to conditions. The conditions may include recording of a covenant
agreement, requiring a parking attendant, requiring valet service, and
other operational conditions. The Director may also approve tandem
parking in excess of the above limits for permitted temporary uses and/or
special events.
L. Parking Clearance Andand Obstructions:
Vertical Clearance: The minimum vertical clearance for all parking areas
must be seven feet'}, except that storage cabinets and other
obstructions shall be permitted in an area above the front end of
Page 18 of 56
Page 120 of 193
parking spaces that must be at least 4.5 feet above the ground and
no more than 3.5 feet from the front end of the space.
2. Horizontal Clearance: Parking spaces located next to walls, columns, or
similar obstructions must provide an additional one foot M of
clew a^cowidth on the side of the obstruction, except as follows:.
a. Exceptions:
(4-)a. Columns or similar obstructions are permitted in the one foot
clearance area up to four feet {4� ofat the front and rear end of a parking
space.
(4b_Walls, Columns, or similar obstructions may project six inches into
the front end corners of a parking space.
3. Disabled Access: Where necessary to comply with the Americans Wwith
Disabilities Act (ADA), tTitle III and California Code of Regulations (CCR),
California Access Code, tTitle 24, parking facilities may deviate from the
parking clearance and obstructions standards.
Page 19 of 56
Page 121 of 193
FIGURE 5 - REQUIRED CLEARANCE AND PERMITTED OBSTRUCTIONS
4GE
ET
GARAGE
OPENINC
4. The Director of Planning and Building Safety may approve adjustments to
the parking clearance and obstructions standards as provided in chapte
24 "Adjustments", Chapters 22 and 23 of this title.
M. Vehicle Ramps:
Ramp Maximum slope 120 percent mwimi in,
Transitions slopes-Fequk-ed
Minimum Ttransition length
Required atAt each end of ramps that exceed a
6 percent slope
Slope of Ttransitions Aepe FAWea 50 percent of the main ramp slope
Page 20 of 56
Page 122 of 193
FIGURE 6 - VEHICLE RAMP DESIGN
DRIVEWAY
APPROACH
EXISTING
CONCRETE
CURB
R.
! 50% OF
SLOPE
1
50% OF
LENGTH OF
MAIN RAMP-TRANsmoI
R
The Director of Planning and Building Safety may approve a dministrati"o
adjustments to the vehicle ramps standards as provided in chapter 24
"Adjustments. Chapters 22 and 23 of this title.
N. Drive Aisle Width Andand Parking Row Depth:
'I Drove Aisle Width And Parking Space Depth: General drove aisle width and
parking space depth requirements:
r
I —
Aisle Width Aisle Width Standard Compact
Parking - - Space Space Space
Angle One -Way Two -Way Depth Depth Width
A B B C C D
00 - 12' 18' 8.5' 8.5' 24'
parallel
300 1 12' 1 18' 1 16.36' 1 14.86' 1 17'
450 15' 18' 18.74' 16.62' 12.02'
F
600 16' 18' 19.84' F 17.24' 9.82'
i
900 25' 25' 18' 15' 8.5'
Page 21 of 56
Page 123 of 193
FIGURE 7 - PARKING AISLE AND PARKING SPACE DIMENSIONS
ANGLED PARKING
ADD
ADD 1'-0' FOR
END SPACE NEXT
TO WALL OR SIMIAR
OBSTRUCTION
PARALLEL PARKING
A'
Exceptions F-nr I.linetyDegree Parking Angle: For ninety 90 degree (9"
parking, the parking aisle width can deviate from the above requirements
based on the following table:
Page 22 of 56
Page 124 of 193
EXCEPTIONS FOR 900 PARKING ANGLE'
(STANDARD PARKING SPACES QNLY�
Parking Space I Parking
Minimum Width in feet Aisle Width in feet
8.5 feet 1 25 feet
9.0 feet 1 24 feet
9.5 feet- 1 23 feet
10 feet- 1 22 feet
Note:
1. The exceptions for 90-degree parking do not apply to garages for single- and two-family
dwellings.
32 AdjustmentApproval: The Director of Planning and Building Safety may
approve adjustments to the drive aisle width and parking space depth
standards -as provided in chapter 24, "Adjustments. Chapters 22 and 23
of this title.
O. Driveway Andand Curb Cuts: All curb cuts and driveways must lead
directly to required parking. Curb cuts not leading to parking, must be
removed whenever new buildings are constructed or additions are made
to existing buildings. The location and design of all driveway entrances
and exits must comply with the standards listed below. The goal of these
standards is to: 1) preserve on street parking spaces, 2) improve traffic
safety, and 3) improve on -site vehicle circulation.
Driveway Andand Curb Cut Width:
Page 23 of 56
Page 125 of 193
Curb Cut Width Driveway Width
in feet' (in feet)
F F_
Zone Minimum Maximum Minimum Maximum
R-1 and R-2 - lots less than 50 feet 10feet- 20-feet 10feet- 20 feet
wide I
R-1 and R-2 - lots at least 50 feet wide F-e 254eet 10�L 2' 8 feet
R-3 - serving 12 or fewer parking 12-feet 304eet 12feet- 30feet
spaces or one-way
R-3 - serving 13 or more parking 18-feet 30-feet 18 feet 30-ee,
spaces or two-way 1
Nonresidential - one-way124eet F3104eet--- 12�t-F30t-
Nonresidential - two-wayF,_84e�[304eet 18 feet 30 t-
Note:
1. Curb cut width excludes the width of aprons.
2. Curb Cut Locations:
Zone
Residential
Nonresidential
Minimum Distance
Between Curb Cuts
On The Same
Property
24 feet
24 feet
T_ Minimum
Minimum Distance Distance
From Curb Cuts From Curb Cuts
To Street To Property
Corners Lines
20 feet 5 feet
50 feet 1 5 feet
Page 24 of 56
Page 126 of 193
FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS
FIGURE 8 - CURB CUT & DRIVEWAY LOCATIONS
Y MIN. DISTANCE 1d MIN .&2&'MAX 24'MIN. WMIN.&2&MAX-
(RESIDENTIAL) R1 & R2 DISTANCE N & 30'
TMIN. DISTANCE 12'MIN.&30'MAX 18'MI.&30'MAX
(COMMERCIAL) R3&COMMERGAL R3&COMMERCIAL
"
ONE WAY
DRIVEWAY
APPROACH
SIDEWALK
TWO WAY
DRIVEWAY '
APPROACH
5•
e
a d
a
d
q a d
a
4
DRIVEWAY
DRIVEWAY-0
d d
4
d
R R
3 Adjustment Approval: The Director may approve administratiio
adjustments to the driveway and curb cut standards as provided in Ghapte
24,"Adjustments", Chapters 22 and 23 of this title.
P. Corner Clearance APAand Driveway Visibility:
All parking areas must meet the corner clearance and driveway visibility
standards as provided in chapter 2, "General Provisions", of this title.
Q. Drive -Through Facilities:
1. Drive -through lanes may encroach into required landscaped setbacks up
to a maximum of fifty50 percent of the required setback area,
provided a minimum landscaped setback of five feet (5� is maintained.
2. Drive -through lanes must be located and designed in such a manner as to
not interfere with on site and off -site circulation. The location and design of
the drive -through lane leis subject to t4eDirector review and
approval of the Director of Dlannin_ . RI gilding Safety.
Page 25 of 56
Page 127 of 193
DRIVE -THROUGH LANE DIMENSIONS
Minimum Length Minimum
Use (Continuous) Width
Eating and drinking 150 feet 10 feet
establishments
Banks, pharmacies, and 60 feet 10 feet
cleaners
FIGURE 9 - DRIVE -THROUGH FACILITIES
3. The doreGtGi ^f Planning and Building SafetDirector may at his dionretien
require wider drive -through lanes.
4. The direGtGF Of planning and building s fetyDirector may approve
adjustments to the drive -through facilities standards as provided in chapte
24, "Adjustments", Chapters 22 and 23 of this title.
Page 26 of 56
Page 128 of 193
R. Parking Structure Standards:
1. The following setback requirements apply to all subterranean parking
facilities:
Projection Above
Zone
Grade
Setback
Residential
Completely
Must meet required front setback
subsurface
[No rear or side setback required
No more than 3 feet
Must meet required setbacks
above grade
More than 3 feet
Must meet required setbacks and must
above grade
be screened from public view
Nonresidential
ompletely
[subsurface
No setbacks required'
Above grade
Must meet required setbacks
Note:
1. The parking structure must be designed in such a manner as to maintain sufficient soil above for
landscaping (ground cover, shrubs and trees) to grow above grade.
..
OWN.
10
32. The director of planning and building cDirector may approve
adjustments to the parking structure standards as provided in chapter 24
"Adjustments", Chapters 22 and 23 of this title.
S. Special Residential Parking Provisions:
Covered Ping ap rking: All required parking spaces must be covered
and enclosed in the following manner:
Page 27 of 56
Page 129 of 193
_F
Use Minimum Parking Enclosure
Single- and two-family dwellings Fully enclosed garage
Multiple -family dwellings Covered structure enclosed on 3 sides
Guest parking spaces May be uncovered and unenclosed
2. Residential Garage Openings: All garages must meet the minimum and
maximum widths listed below:
Minimum
Opening
Type Of Garage Width Maximum Opening Width
Single car 8 feet F 14 feet
2 car 16 feet F 20 feet
Multiple -family 16 feet Equal to the drive aisle width it
residential serves
3. Residential Turn Radius Requirements:
a. One or two 9+car garages located behind a residence must provide a
minimum turning radius of twenty ve25 feet {25�.
b. Residential garages that take access directly from an alley may measure
the required turn radius to the opposite side of the alley.
FIGURE 10 - RESIDENTIAL TURN RADIUS AND ALLEY ACCESS
Page 28 of 56
Page 130 of 193
lie
4 AdjustmentApproval: The dIreGtGr Gf planning and building s fetyDirector
may approve adjustments to the special residential parking provisions
standards as provided in Ghapter 24, "Adjustme,Rts!L, Chapters 22 and 23
of this title.
T. Vehicle Lifts: Vehicle lifts may be used by -right to provide off street parking
spaces on lots in the single-family residential (R-1) zone and the two-family
residential (R-2) zone where the vehicle lifts provide parking in excess of
the minimum number of required parking spaces subject to the standards
in this section and in this chapter.
A conditional use permit is required for vehicle lifts providing required off
street parking spaces on lots in the single family residential 4R-1)e;e and
the two family residential (R-2) zones subject to the following:
a. The vehicle lift must be located only within a fully enclosed garage.
b. A vehicle lift may only be used to store two {2-} vehicles vertically where a
minimum vertical height clearance from the floor to the ceiling plate of the
garage is a minimum of fou►teen14 feet 44+clear of obstructions.
C. A vehicle lift must be designed and used as a designated parking space for
use only by occupants in the same dwelling unit as the parking space
located directly below the vehicle lift.
ed. A vehicle lift must be permitted only if it is operated with an automatic shutoff
safety device and is installed in accordance to manufacturer specifications.
Page 29 of 56
Page 131 of 193
2. In the two family residential ( R-2 zone, vehicle lifts for required off street
parking are subject to the following additional requirements:
a. The vehicle lift must be used only on a lot less than fort five45 feet {45' in
width.
b. A vehicle lift must only be used to meet the minimum number of required off
street parking spaces in addition to a minimum of two {fully accessible
parking stalls located on the floor surface within a garage or garages.
SECTION 12: ESMC Section 15-15-6 regarding Required Parking Spaces is amended
as follows:
15-15-6: REQUIRED PARKING SPACES:
The number of on -site parking spaces required for the establishment of a building
or use must be provided and thereafter maintained at the ratios set forth below.
For uses not listedl the required number of spaces will be determined by the
Di rectord 0 rector of planning and building safety based on most similar listed use
or a parking demand study. A parking demand study must include, without
limit�at;on at a minimum, information specifying the number of employees,
customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria
established by the Directord0rector of _planning and building safety. The
Di rectord 0 rector of planning and building safety may 7+ the direr-tor's disnro+inn
refer any decision regarding uses not listed to the planning commission for review.
Unless stated otherwise, parking must be based on net floor area as defined in this
code. Accessible parking spaces must be provided and comply with the Americans
With Disabilities Act (ADA), title III and California Code of Regulations (CCR),
California Access Code, title 24.
A. Automobile Spaces Required:
[NOTE TO CODIFIER: No changes proposed to this section]
B. Bicycle Spaces Required:
Use Number Of Bicycle Spaces Required
r
Single-family and None
two-family dwellings
Page 30 of 56
Page 132 of 193
Multiple -family 10 percent of the required vehicle parking spaces for
residential projects with 6 or more units
Nonresidential A minimum of 4 spaces for buildings up to 15,000 square
feet, plus a minimum of 5 percent of the required vehicle
spaces for the portion above 15,000 square feet.
Maximum of 25 spaces
The Director of Planning and Building Safety may approve administrati,o
adjustments to reduce or eliminate -the requireme�nit for bicycle spaces as provided
in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
C. Reductions Irvin Thethe Number-Ofof Required Parking Spaces
Rod��aQe+«o^e For Single Uses:
a. The Director of Planning and Building Safet" may approve an '"" ministrati"o
adjustment to the required number of parking spaces for any use up to a
maximum of ten20 percent {1-0%) or t 20) parking spaces, whichever
is less, based on the submittal of a parking demand study. The Director of
Planning and Building cafe+„ may refer any such request to the Planning
Commission for review.
cb. Parking studies submitted in conjunction with requests for reductions must
include, without limotati„n,at a minimum information specifying the number
of employees, customers, visitors, clients, shifts, deliveries, parking spaces,
or other criteria established by the Director of Planning and Building Safety,
2. Rod��aQe+«o^e For Joint/Shared Uses:
a. The Director of Planning and Building Safety may approve an
administrative adjustment to reduce the required number of parking
spaces in any zone for uses that share parking facilities for a maximum of
ten20 percent {1-0%) or t 20) parking spaces, whichever is less,
based on the submittal of a parking demand study. The Director of
Planning and Building Safety may refer any request for an administrati„o
adjustment from the required number of parking spaces to the Planning
Commission for review.
Page 31 of 56
Page 133 of 193
h. (�The Planning ommissinn may approve a reduction of the required
u
number of parkingsp_ spaces in any mieAnne fnr uses that share parking facilities
with significantly different peapeak hours of operation fnr � mavimi im of
twentypercent 0based on the submittal of a perking demand study.
0
cb. Requests for shared and/or joint uses are subject to the following
requirements:
(1) A parking study must be submitted by the applicant demonstrating that there
will not exist substantial conflict in the peak hours of parking demand for the
uses for which joint parking use is proposed;
(2) The number of parking stalls which may be credited against the
requirements of the structures or uses involved must not exceed the number
of stalls reasonably anticipated to be available during differing hours of
operation; and
(3) A written agreement, in a form approved by the City Attorney, must be
executed by all parties concerned assuring the continued availability of the
number of stalls designed for joint use.
3. Sites Withwith Transportation Systems Management Plans: The number of
required parking spaces in this section may be modified subject to approval
of a transportation systems management plan submitted pursuant to the
procedures and requirements of chapters 16 or 17, "Developer
rair�p
Transportation Demand Management (TDM)" or chapter 17
� , ,
"Em�_�_�pployer�/OGcupant Transportation Systems Management" of this title.
4. Reductions In Parking Due To for Disabilities Upgrades: When required
solely as needed to upgrade existing parking facilities to comply with the
Americans Withwith Disabilities Act (ADA), title III and California Code of
Regulations (CCR), California Access Code, title 24, the total number of
parking spaces may be reduced at the discretion of the Director.
D. Parking In -Lieu Fees: Notwithstanding any provision of this Code to the
contrary, the City Council may designate certain areas within the City
where, in lieu of providing the number of on site parking spaces required by
this chapter or applicable specific plan, such requirement may be satisfied
by paying a parking in -lieu fee in an amount set by City Council resolution.
Designated parking in -lieu fee areas and the process for payment of parking
in -lieu fees are described in chapter 2933 of this title.
SECTION 13: ESMC Section 15-15-7 regarding Off Street Loading Space Standards is
amended as follows:
Page 32 of 56
Page 134 of 193
15-15-7: OFF-STREET LOADING SPACE STANDARDS:
A. General Provisions:
4 Applicability: Every building established, erected, enlarged or expanded for
commercial, manufacturing or institutional purposes must provide loading
space as set forth below. However, for any building or use enlarged or
increased in capacity, additional loading spaces are required only for such
enlargement or increase. All required loading spaces are in addition to the
required on site parking spaces set forth in this chapter and must be
developed and maintained in accordance with this chapter. Loading spaces
may be provided either completely or partially within a building when such
building is desig nateddesigned to include adequate ingress and egress to
the loading spaces. Unless stated otherwise, loading requirements must be
based on net floor area as defined in section 15-1-6 of this title.
21. Location: Loading spaces, with the exception of passenger loading spaces,
must be located to the side or rear of buildings on site whenever possible
as determined by the Director of Planning and Building Safety. Loading
spaces cannot interfere with vehicular and pedestrian circulation on site.
32. Screening: Loading spaces must be appropriately screened from view from
public streets. The screening may include decorative walls, landscaped
berms, shrubs, trees and other landscaping, and any other screening
methods deemed appropriate by the Director of Planning and B uMiRg
Safety.
B. Types Andand Dimensions Of Leading Spaces:
LOADING SPACE TYPES AND SIZES in feet
Type Width I Length I Height
Passenger 110-feet 20-feet ' 7-feet
Small truck 12-feet 25-feet 14-feet
Large truck 13-feet 50-feet 16-feet
C. Number Of Loading Spaces Required:
[NOTE TO CODIFIER: No changes made to this section]
Page 33 of 56
Page 135 of 193
■ 1 . 1 . 1 . 1 .
� .a�..n.•.�s�..a ..a�::.�:.c.��...:���.a ..ate
The Director of Planning and Building Safet may approve ""' ministrati„o
adjustments to the location, number, types and dimensions of loading spaces -as
provided in chapter 24, "Adjustments. Chapters 22 and 23 of this title.
SECTION 14: ESMC Subsection 15-18-5 (B) of Chapter 15-18 (Signs) regarding
Administrative Use Permits, Adjustments, Variances, And Conditional Uses for signs is
amended as follows:
B. Administrative Use Permits, Adjustments, Variances, Andand Conditional
Uses:
21. Signs that require the approval of an administrative use permit will be
processed pursuant to chapter 22Chapters 22 and 23 of this title.
32. Deviations from any nonstructural provision of this chapter, including, but
not limited to, the number of permitted signs, the size of proposed signs up
to a maximum of twepty2O percent (20%) of the area of the building face,
and setbacks, may be granted upon the approval of an adjustment,
pursuant to chapter 24 Chapters 22 and 23 of this title. The Director may
consider a deviation request to be a request for a variance and refer the
request to the Planning Commission for review pursuant to chapter
23Chapters 24 and 28 of this title.
43. Except as otherwise provided, all deviations from this chapter must comply
with the variance procedures set forth in chapter 23Chapters 24 and 28 of
this title. All sign regulations for land uses requiring conditional use permits
are controlled by this chapter and must be processed without regard to the
proposed message, content, or copy of proposed signs.
SECTION 15: ESMC Chapter 15-22 regarding Administrative Determinations is deleted
and replaced with a new Chapter 22 to read as follows:
Page 34 of 56
Page 136 of 193
Chapter 22
ADMINISTRATIVE DETERMINATIONS, ADMINISTRATIVE USE PERMITS,
AND ADJUSTMENTS
15-22-1: PURPOSE
15-22-2: ADMINISTRATIVE DETERMINATIONS
15-22-3: ADMINISTRATIVE USE PERMITS
15-22-4: ADJUSTMENTS
15-22-1: PURPOSE
The purpose of this chapter is to establish the Director's authority to make
administrative determinations and to grant administrative use permits and
adjustments, and to set the required findings for making such decisions.
15-22-2: ADMINISTRATIVE DETERMINATIONS FOR USES NOT LISTED
A. Authority to make administrative determinations. When a use is not
specifically listed as either a permitted use or conditional use under a
particular zone, the Director, upon written request or upon his or her own
initiative, shall determine whether said use is sufficiently similar to a listed
use in the particular zone to justify a finding that it should be deemed either
a permitted use, a conditional use or that an administrative use permit is
necessary. The Director or designee may make administrative
determinations, subject to the process outlined in Chapter 23 of this title.
B. Administrative determination findings. Before permitting or classifying an
unlisted use, the Director shall first make the following findings:
1. The proposed use is consistent with the purpose of this Title;
2. The proposed use and its operation are compatible with the uses allowed
in the zone; and
3. The proposed use is similar in impact and character to one or more
permitted uses in the zone.
15-22-3: ADMINISTRATIVE USE PERMITS
A. Authority to grant. When a particular use is listed as subject to
administrative use permit, or if the Director determines that a use not listed
is similar to other uses subject to administrative use permit in a particular
zone, the Director may review and grant administrative use permits, subject
to the process set forth in Chapter 23 of this title.
B. Findings. Before granting an administrative use permit, the Director shall
first make the following findings:
Page 35 of 56
Page 137 of 193
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity.
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
C. Alcohol -related use findings: In addition to the four findings above, before
an alcohol -related administrative use permit may be granted, it shall also be
found that the State Department of Alcohol Beverage Control has issued or
will issue a license to sell alcohol to the applicant.
15-22-4 ADJUSTMENTS TO DEVELOPMENT STANDARDS
A. Authority to grant. Whenever a strict interpretation of the provisions of this
title or its application to any specific case or situation pertaining to the
following items would result in the unreasonable deprivation of the use or
enjoyment of property, the Director or designee may grant an adjustment,
subject to the process set forth in Chapter 23 of this title.
B. Applicability. Adjustments may be granted for the following standards:
1. Fence or wall height to exceed permitted height by two feet.
2. Architectural landscape features which exceed the standards set forth in
section 15-2-14 of this title.
3. Signs which exceed the standards set forth in Chapter 18 of this title.
4. Noise permits which exceed the standards set forth in section 7-2-11 of this
Code.
5. Parking and loading space standards as set forth in Chapter 15 of this title.
6. Reduction of retention of a minimum of 50 percent of exterior building
perimeter wall height and/or deviation from development standards for life
safety purposes.
Page 36 of 56
Page 138 of 193
7. Deviation from development standards for reasonable access
accommodations.
8. Dimensions of required open space and size of required landscaping area
within required open space in the Multi -Family Residential (R-3) Zone as
set forth in section 15-4C-5 of this title.
9. Building height to exceed the maximum allowable height by not more than
five feet.
C. Findings. Before granting an adjustment, the Director shall make the
following findings:
1. That the proposed adjustment would not be detrimental to the neighborhood
or district in which the property is located;
2. That the proposed adjustment is necessary in order that the applicant may
not be deprived unreasonably in the use or enjoyment of his property; and
3. That the proposed adjustment is consistent with the legislative intent of this
title.
D. Reasonable access accommodations: In addition to the adjustment findings
above, the following findings must be made before any action is taken to
approve or deny a request for a deviation from development standards for
reasonable access accommodations:
1. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the California
Fair Employment and Housing Act, Government Code § 12900 et seq.
("Act"), as amended.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act.
SECTION 16: ESMC Chapter 15-23 regarding Variances and Conditional Use Permits is
deleted and replaced with a new Chapter 15-23 regarding Director Discretionary
Decisions to read as follows:
Page 37 of 56
Page 139 of 193
Chapter 23
DIRECTOR DISCRETIONARY DECISIONS
15-23-1:
APPLICABILITY
15-23-2:
APPLICATION PROCEDURE
15-23-3:
REVIEW FOR COMPLETENESS
15-23-4:
DECISION
15-23-5:
PLANNING COMMISSION REVIEW
15-23-6:
NOTIFICATION
15-23-7:
APPEALS
15-23-8:
EFFECTIVE DATE
15-23-9:
EXPIRATION
15-23-10:
TIME EXTENSIONS
15-23-1: APPLICABILITY
The Director shall make administrative decisions on discretionary applications
including, but not limited to, the following:
1. Adjustments
2. Administrative determinations
3. Administrative use permits
4. Downtown design review, as set forth in Downtown Specific Plan Chapter
V
5. Off -site parking covenants, as set forth in Chapter 15 of this Title
6. Precise plan modifications
7. Other discretionary applications as specified in this Title
15-23-2: APPLICATION PROCEDURE
The applicant for any of the above -referenced applications shall apply in writing
using application forms provided by the Development Services Department,
stating the type of discretionary permit desired. The applicant must submit the
application form and any additional materials required by the Department along
with the required filing fee to cover the cost of investigation and processing.
Page 38 of 56
Page 140 of 193
15-23-3: REVIEW FOR COMPLETENESS
The Director or designee may request any additional information deemed
necessary to evaluate the application. After all the necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-23-4: DECISION
After an application is deemed complete, a written determination as to the approval
or denial of the application must be issued within 10 business days. The written
determination shall state the findings for a decision. In approving an application,
the Director has the authority to attach conditions to the approval if deemed
necessary.
15-23-5: PLANNING COMMISSION REVIEW
The Director or designee must send copies of the findings and decision to the
applicant. Written determinations on discretionary decisions made by the Director
or designee must be placed as receive and file items on the next available agenda
of the Planning Commission. Any Planning Commissioner may request that an
item be discussed and a decision on the application be made by the Planning
Commission instead of received and filed. No decision of the Director is final until
the decision is received and filed or acted upon by the Planning Commission, or
upheld on appeal.
15-23-6: NOTIFICATION
Before the written determination is placed on a Planning Commission agenda the
Director or designee shall give public notice, as provided for in Chapter 28 of this
Title, of the Planning Commission's intent to receive and file the Director's
determination The notice shall be mailed or delivered only to the owners and
occupants of real property within 150 feet of the real property that is the subject of
the determination. Administrative determinations that are not associated with a
specific property, are not subject to this public notification requirement.
15-23-7: APPEALS
Decisions by the Director or designee on applications listed in Section 15-23-1 are
appealable to the Planning Commission. All appeals must be processed as
provided by chapter 29 of this title.
15-23-8: EFFECTIVE DATE
Permits granted pursuant to this chapter shall not become effective until 10 days
from the granting thereof has elapsed or, if an appeal is filed or a review called,
until final determination has been made on the appeal or review.
Page 39 of 56
Page 141 of 193
15-23-9: EXPIRATION
Permits granted pursuant to this chapter shall become null and void if the privileges
granted thereunder are not utilized within one year from the effective date thereof.
15-23-10: TIME EXTENSIONS
Permits granted pursuant to this chapter may be extended for an additional period
to be specified by the Director; provided that prior to the expiration date, a written
request for a time extension is filed with the Director.
SECTION 17: ESMC Chapter 24 regarding Adjustments is repealed and replaced with a
new Chapter 24 regarding Variances and Conditional Use Permits:
Chapter 24
VARIANCES AND CONDITIONAL USE PERMITS
15-24-1: PURPOSE OF VARIANCE
15-24-2: AUTHORITY TO GRANT VARIANCE
15-24-3: VARIANCE FINDINGS
15-24-4: PURPOSE OF CONDITIONAL USE PERMIT
15-24-5: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
15-24-6: CONDITIONAL USE PERMIT FINDINGS
15-24-1: PURPOSE OF VARIANCE
The purpose of any variance is to allow for deviations from the development
standards contained in this Title. Those standards which are determined at the
discretion of the Planning Commission, City Council, or administratively shall not
be subject to the variance process. However, a variance shall not grant a special
privilege not shared by other property in the same vicinity and zone.
15-24-2: AUTHORITY TO GRANT VARIANCE
When practical difficulties, unnecessary hardships or results inconsistent with the
general purpose of this Title result through the strict and literal interpretation and
enforcement of the provisions thereof, the Planning Commission shall have
authority, subject to the provisions of this Title, to grant upon such conditions as it
may determine such variance from the provisions of this Title as may be in
harmony with its general purpose and intent, so that the spirit of this Title shall be
observed, public safety and welfare secured and substantial justice done. A
variance granted pursuant to the provisions of this Section shall run with the land
and shall continue to be valid upon change of ownership. Variance requests shall
be processed as set forth in Chapter 28 of this Title.
Page 40 of 56
Page 142 of 193
15-24-3: VARIANCE FINDINGS
Before any variance may be granted, it shall be found:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply generally
to the other property or class of use in the same vicinity and zone;
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone but which is denied to the property in question;
C. That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvement in such vicinity
and zone in which the property is located; and
D. That the granting of the variance will not adversely affect the General Plan.
15-24-5: PURPOSE OF CONDITIONAL USE PERMIT
The purpose of a conditional use permit shall be:
A. To assure the compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
B. To assure the proposed use is consistent and compatible with the purpose
of the zone in which the site is located; and
C. To recognize and compensate for potential impacts that could be generated
by the proposed use, such as noise, smoke, dust, fumes, vibration, odors,
traffic and hazards.
15-24-4: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
The Planning Commission may grant a conditional use permit upon application
for such uses allowed by this Title, subject to the process set forth in Chapter 28
of this Title.
15-24-6: CONDITIONAL USE PERMIT FINDINGS
A. General: Before a conditional use permit may be granted, it shall be found
that:
1. The proposed location of the use is in accord with the purpose of this Title
and the purposes of the zone in which the site is located;
Page 41 of 56
Page 143 of 193
2. The proposed location of the use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. The proposed use will comply with each of the applicable provisions of this
Chapter.
B. Alcohol sales: Before a conditional use permit may be granted for the sale
of alcohol, it shall be found that:
1. The State Department of Alcohol Beverage Control has issued or will issue
a license to sell alcohol to the applicant;
2. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
3. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located;
4. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity; and
5. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
SECTION 18: ESMC Chapter-15-24A regarding Right of Way Dedications and
Improvements is renumbered as Chapter 15-31.
SECTION 19: ESMC Chapter 15-25 regarding Appeal or Review is deleted and
replaced with a new Chapter 15-25 regarding Site Plan Review to read as follows:
Page 42 of 56
Page 144 of 193
Chapter 25
SITE PLAN REVIEW
15-25-1: PURPOSE
15-25-2: APPLICABILITY
15-25-3: AUTHORITY TO GRANT
15-25-4: FINDINGS
15-25-1: PURPOSE
A site plan review is a discretionary land use permit that is required for any
proposed project that meets the criteria set forth in section 15-25-2 of this chapter.
The purpose of the site plan review process is to:
A. Ensure that the project is compatible with the area in which it is located;
B. Allow all City departments the opportunity to review development proposals
and place reasonable conditions to ensure that the public health, safety and
welfare are maintained.
15-25-2: APPLICABILITY
A site plan review pursuant to this chapter is required for development that meets
any of the following criteria:
A. Single-family residential development of more than 10 residential units;
B. Multi -family residential development of more than 10 units;
C. New commercial, institutional or industrial development that includes
structures which have a combined gross floor area of more than 50,000
square feet (not including parking structures);
D. Additions to existing structures if the combined total additions exceed
50,000 square feet of gross floor area, but not including parking structures;
E. For projects with a mix of residential and commercial, institutional or
industrial uses, if any criteria above applies, the entire project is subject to
site plan review.
15-25-3: AUTHORITY TO GRANT
The Planning Commission is shall review and consider site plan review
applications, subject to the process set forth in Chapter 28 of this Title.
Page 43 of 56
Page 145 of 193
15-25-4: FINDINGS
In order to approve or conditionally approve the site plan, the approval authority
shall make the following findings:
A. The proposed development, including the general uses and the physical
design of the development, is consistent with the General Plan;
B. The proposed development, including the general uses and the physical
design of the development, is consistent with the intent and general purpose
of the provisions of this Code and any applicable development agreement;
and
C. The proposed development, including the general uses and the physical
design of the development, will not adversely affect the orderly and
harmonious development of the area and the general welfare of the City.
If such findings cannot be made, the site plan shall be denied.
SECTION 20: ESMC Chapter 15-26 regarding Amendments is deleted and replaced
with a new Chapter 15-26 regarding Coastal Zone Development Permits:
Chapter 26
COASTAL ZONE DEVELOPMENT PERMITS
15-26-1: PURPOSE
15-26-2: APPLICABILITY
15-26-3: EXEMPT DEVELOPMENT
15-26-4: AUTHORITY TO GRANT
15-26-5: FINDINGS
15-26-1: PURPOSE
Coastal development permits are required to ensure that all public and private
development in the Coastal Zone of El Segundo is consistent with the City's
certified Local Coastal Plan. The area affected by these regulations is located west
of Vista Del Mar. As used in this chapter, "Coastal Zone" is as defined by the
California Coastal Act, Public Resources Code sections 30100 et seq.
15-26-2: APPLICABILITY
A. In addition to any other permits or approvals required by the City, a coastal
development permit (CDP) shall be required and obtained from the City
prior to commencement of any development in the City's Coastal Zone,
except:
Page 44 of 56
Page 146 of 193
1. Developments on tide lands, submerged lands, or public trust lands over
which the Coastal Commission has original permit jurisdiction.
2. Developments determined to be exempt from the CDP requirements
pursuant to State law or regulations.
15-26-3: EXEMPT DEVELOPMENT
A. No fee, public hearing, notice, or development permit shall be required for
the types of development classified as exempt from CDP requirements by
State law or regulations.
B. Whenever a permit is issued in the Coastal Zone by any City department
and it is determined that the subject of the permit does not require a CDP
because it is exempt, a memorandum to that effect shall be appended to
the City's file copy of the permit. The file copy of the permit and the
memorandum shall contain the applicant's name, the location of the project,
and a brief description of the project.
15-26-4: AUTHORITY TO GRANT
The Planning Commission shall have the authority to grant all CDPs within the
City's Coastal Zone subject to the findings listed below and the process set forth
in Chapter 15-28 of this Title, California Government Code sections 65920-
665964.1 (Permit Streamlining Act), and in Public Resources Code Division 20
(California Coastal Act).
15-26-5: FINDINGS
Before any CDP may be granted, the Planning Commission shall make the
following findings:
A. That the development conforms to the certified Local Coastal Plan; and
B. That the development conforms to the Coastal Act public access and
recreational policies.
SECTION 21: ESMC Chapter 15-27 regarding Hearings, Notices and Fees is deleted
and replaced with a new Chapter 15-27 regarding Amendments:
Page 45 of 56
Page 147 of 193
Chapter 27
AMENDMENTS
15-27-1:
PURPOSE
15-27-2:
AUTHORITY TO GRANT
15-27-3:
FINDINGS
15-27-1:
PURPOSE
Whenever public necessity, convenience and general welfare require, a
modification of the General Plan, a specific plan, or the zoning boundaries
established by this Title, the classification of permitted or conditionally permitted
uses, or other provisions of this Title, such changes may be undertaken in one of
the following methods:
A. A General Plan Amendment;
B. A Specific Plan Amendment;
C. A Precise Plan Amendment;
D. A Zone Map Change; and
E. A Zone Text Amendment.
15-27-2: AUTHORITY TO GRANT
The City Council is authorized to approve amendments listed in Section 15-27-1,
subject to the process set forth in Chapter 28 of this Title.
15-27-3: FINDINGS
A. General: Before any amendment is approved, the City Council shall make
the following findings:
1. The amendment must be consistent with the General Plan.
2. The amendment is necessary to serve the public health, safety, and
general welfare.
B. Zone Changes: The City Council shall make the following additional
findings for zone changes:
3. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
Page 46 of 56
Page 148 of 193
4. The benefits of the proposed change of zone will clearly outweigh any
potential adverse effects to adjoining property or the area.
SECTION 22: ESMC Chapter 15-27A regarding Development Impact Fees is
renumbered as Chapter 15-32.
SECTION 23: ESMC Chapter 15-28 regarding Enforcement; Penalty is renumbered as
Chapter 15-30
SECTION 24: ESMC Chapter 15-28 regarding Public Hearings is added as follows:
Chapter 28
PUBLIC HEARINGS
15-28-1:
PURPOSE
15-28-2:
APPLICABILITY AND HEARING AUTHORITY
15-28-3:
APPLICATION PROCEDURE
15-28-4:
REVIEW FOR COMPLETENESS
15-28-5:
SETTING OF HEARING DATES
15-28-6:
NOTICE REQUIREMENTS
15-28-7:
CONTINUATION
15-28-8:
PLANNING COMMISSION DECISIONS
15-28-9:
PLANNING COMMISSION RECOMMENDATIONS
15-28-10:
APPLICATION AND HEARING RECORD
15-28-1: PURPOSE
The purpose of this Chapter is to establish procedures for processing applications
in this Title that require public hearings before the Planning Commission and/or
City Council.
15-28-2: APPLICABILITY AND HEARING AUTHORITY
Public hearings shall be held by the following two bodies as follows:
A. City Council. Applications that require a public hearing before the City
Council include, but are not limited to:
1. Density Bonus Agreement.
2. Development Agreement.
3. Final Map/Subdivision.
4. General Plan Amendment.
Page 47 of 56
Page 149 of 193
5. Historic Resource Designation as set forth in Chapter 14 of this Title.
6. Precise Plan Amendment.
7. Zoning Text Amendment.
8. Change of Zoning District.
9. Applications referred to the City Council by the Planning Commission.
10. Appeals of Planning Commission decisions.
B. Planning Commission. Applications that require a public hearing before
the Planning Commission include, but are not limited to:
1. All applications listed in Subsection A (Planning Commission role is
advisory).
2. Animal Permit Appeal as set forth in Chapter 2 of title 6.
3. Certificate of Appropriateness as set forth in Chapter 14 of this title.
4. Coastal Development Permit.
5. Conditional Use Permit.
6. Off -site parking covenant as set forth in Chapter 15 of this Title.
7. Downtown Design Review as set forth in the Downtown Specific Plan.
8. Site Plan Review.
9. Tentative Map/Subdivision.
10. Variance.
11. Waiver of Parcel Map.
12. Requests referred by the Director.
13. Appeals of Director's decisions.
15-28-3: APPLICATION PROCEDURE
The applicant for any of the above requests, except those initiated by elected or
appointed bodies of the City or City Staff, shall apply in writing using application
forms provided by the Development Services Department, stating the type of
discretionary permit desired. The applicant must submit the application form and
Page 48 of 56
Page 150 of 193
any additional materials required by the Department along with the required filing
fee, in an amount established by the City Council.
15-28-4: REVIEW FOR COMPLETENESS
The Director or designee has the authority to request any additional information
deemed necessary to evaluate the application. After all necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-28-5: SETTING OF HEARING DATES
All proposals requiring a public hearing shall be set by the secretary of the Planning
Commission for hearings to be held before the Planning Commission, and by the
City Clerk for hearings to be held before the City Council.
15-28-6: NOTICE REQUIREMENTS
Applications requiring a public hearing shall contain specific information and be
distributed in the manner prescribed below.
A. Notification Process: Notice shall be provided in all of the following ways:
1. Notice of the hearing shall be mailed or delivered at least 10 days prior to
the hearing to:
a) the owner of the subject real property as shown on the latest equalized
assessment roll;
b) the owner's duly authorized agent, if any;
c) the project applicant;
d) each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose ability
to provide those facilities and services may be significantly affected;
e) all owners and occupants of real property as shown on the latest equalized
assessment roll within 300 feet and all occupants within 150 feet of the real
property that is the subject of the hearing, unless the application is for
director discretionary decisions, in which case only the owners and
occupants of real property as shown on the latest equalized assessment
roll within 150 feet of the real property that is the subject of the director
decision shall be notified;
f) any owner of a mineral right pertaining to the subject real property who has
recorded a notice of intent to preserve the mineral right pursuant to Section
Page 49 of 56
Page 151 of 193
883.230 of the Civil Code, when a public hearing is required for a tentative,
final, or parcel map pursuant to the Subdivision Map Act;
g) any person who has filed a written request for notice with either the City
Clerk or the Director;
h) any other party as required by California Government Code §§ 65090-
65096 (Public Hearings);
i) The California Coastal Commission, if the development/project requires a
Coastal Development Permit according to Chapter 15-26 of this Title.
2. In lieu of using the assessment roll, the City may use records of the county
assessor or tax collector which contain more recent information than the
assessment roll.
3 If the number of owners to whom notice would be mailed or delivered
pursuant to subsection A1(e) is greater than 1,000, the City, in lieu of mailed
or delivered notice, may provide notice by placing a display advertisement
of at least 1/8-page in at least one newspaper of general circulation within
the City at least 10 days prior to the hearing.
4. Notice of the hearing shall also be published in at least one newspaper of
general circulation in the City at least 10 days prior to the hearing, or posted
in at least three public places within the City boundaries, including one
public place on the site or in the area directly affected by the proceeding.
The posting on the affected site or area and maintenance of such notice
shall be the responsibility of the applicant. Such notices shall be posted in
a manner prescribed by the Director.
B. Contents of notification: The contents of the public hearing notice shall
include:
1. A title stating "Notice of Public Hearing;"
2. The date, time and place of a public hearing;
3. The identity of the hearing body;
4. The City's file number(s) assigned to the application;
5. A general explanation of the matter to be considered; and
6. A general description, in text or as a diagram of the location of the
property.
7. Coastal Development Permits. If the development requires a Coastal
Development Permit, the notice shall also include a statement that the
Page 50 of 56
Page 152 of 193
project is located within the coastal zone and the procedures of City and
Coastal Commission appeals, including any City fees required, and a
statement of whether or not the proposed development is appealable to the
Coastal Commission.
15-28-7: CONTINUATION OF PUBLIC HEARING
If, for any reason, testimony on a case set for public hearing cannot be completed
on the date set for the hearing, the person presiding at the public hearing may,
before adjournment or recess thereof, publicly announce the time and place at
which the hearing will be continued. No further notice is required.
15-28-8: PLANNING COMMISSION DECISIONS
A. Decision: the Planning Commission shall announce its findings by formal
resolution. The resolution must recite the facts and findings for the granting
or denial of the application. If granted, the resolution shall also recite such
conditions and limitations as the Planning Commission may impose.
B. Notice: A copy of the Planning Commission resolution shall be mailed to the
applicant at the address shown on the application filed with the
Development Services Department and to any other person requesting a
copy.
Coastal development permits. Within seven calendar days following
Coastal Development Permit decisions, the City shall send a notice of final
local action to the Coastal Commission. The notice shall include a copy of
the Planning Commission resolution stating conditions of approval and
written findings and the procedures for appeal of the action to the Coastal
Commission.
C. Effective date: The action of the Planning Commission in granting or
denying an application shall become final and effective the day following the
end of a 10-day appeal period, unless a written appeal is filed with the City
Council or the Coastal Commission as provided by Chapter 26 of this Title.
D. Expiration: Requests approved by the Planning Commission shall expire
two years after the effective date if the privileges granted have not been
utilized.
F. Time extensions. Planning Commission decisions may be extended for an
additional period to be specified by the Planning Commission; provided that
prior to the expiration date, a written request for a time extension is filed
with the Director.
G. Appeals. Planning Commission decisions are appealable to the City
Council, except decisions on Coastal Development Permits, which are
Page 51 of 56
Page 153 of 193
appealable directly to the Coastal Commission. All appeals must be
processed as provided by Chapter 29 of this title.
H. Suspension and revocation of approval. Upon violation of an applicable
provision of this Title, or if granted subject to conditions, upon failure to
comply with conditions, or if approval was obtained by fraud, an approved
permit may be suspended automatically. The Planning Commission shall
hold a public hearing, in accordance with the procedures prescribed in this
Chapter, and if not satisfied that the regulation, general provision, or
condition is being complied with, may revoke the approval or take such
action as may be necessary to ensure compliance with the regulation,
general provision, or condition.
15-28-9: PLANNING COMMISSION RECOMMENDATIONS
All requests listed above requiring a decision by the City Council, except for
Development Agreements, shall first be reviewed by the Planning Commission at
a public hearing as set forth in this Chapter and the Planning Commission shall
make a recommendation to the City Council by resolution.
15-28-10: APPLICATION AND HEARING RECORD
The material related to any of the applications discussed in this chapter shall
become a part of the permanent official records of the respective hearing authority.
The permanent records shall consist of the following:
A. Application material, including the submitted application form, plans,
exhibits, and any other material submitted with the application form.
B. Reports and exhibits prepared by City staff prior to the hearings.
C. Hearing files, including minutes of the proceedings, exhibits, names of
persons who spoke, copies of notices and affidavits pertaining thereto.
D. Special studies performed to assist in the evaluation of requests, including
but not limited to, environmental assessments and related documentation.
E. Decisions, including resolutions, ordinances, findings, and conditions of
approval.
SECTION 25: ESMC Chapter 15-29 regarding Parking In -lieu Fees is renumbered as
Chapter 15-33 and new ESMC Chapter 15-29 regarding Appeals is added as follows:
Page 52 of 56
Page 154 of 193
Chapter 29
APPEALS
15-29-1: PURPOSE
15-29-2: APPEAL OF DIRECTOR'S DECISION
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
15-29-4: CITY COUNCIL ACTION
15-29-5: ADVERSE DECISION BY CITY COUNCIL
15-29-1: PURPOSE
The purpose of this Chapter is to establish procedures for appeal of Director and
Planning Commission decisions for those individuals aggrieved by those
decisions.
15-29-2: APPEAL OF DIRECTOR'S DECISION
A. Any individual may appeal a decision or determination of the Director to the
Planning Commission. The appeal shall be made within 10 calendar days
after the date of the Director's decision by filing a letter of appeal, with the
required appeal fee, with the secretary of the Planning Commission. In the
event that the tenth day falls on a holiday or weekend, the appeal letter may
be filed on the next business day. Any appeal of an administrative use
permit must be received, with the required appeal fee, prior to the decision
being received and filed by the Planning Commission. All appeals shall state
specifically wherein it is claimed there was an error or abuse of discretion
by the decision maker or where a decision is not supported by the evidence
in the record.
B. Following the receipt of an appeal, the Secretary shall transmit to the
Planning Commission the letter of appeal, the application and all other
papers constituting the record upon which the action of the Director was
taken. The Planning Commission shall hold at least one public hearing, in
the manner prescribed in Chapter 28 of this Title, on the matter. The hearing
shall be held within 40 calendar days of the appeal request, and the
Planning Commission may affirm, reverse, or modify the Director's decision.
The decision of the Planning Commission is appealable to the City Council,
pursuant to Section 15-29-3 of this Chapter.
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
A. Any individual may appeal a decision of the Planning Commission to the
City Council, except a decision regarding a Coastal Development Permit.
The appeal shall be made within 10 calendar days after the date of the
Planning Commission decision by filing a letter of appeal and paying the
Page 53 of 56
Page 155 of 193
required appeal fee with the City Clerk. In the event that the tenth day falls
on a holiday or weekend, the appeal letter may be filed on the next business
day. The appeal shall state specifically wherein it is claimed there was an
error or abuse of discretion by the Planning Commission or a decision is not
supported by the evidence in the record.
B. Scope of Hearing on Appeal: Appeals shall be reviewed de novo. The City
Council is not bound by the decision that has been appealed or limited to
the issues raised on appeal.
C. Coastal Development Permits. Planning Commission decisions on Coastal
Development Permits are appealable directly to the Coastal Commission.
An appeal of a Coastal Development Permit decision must be filed pursuant
to 14 Cal. Code Regs § 13111(c). The appeal must be received in the
Coastal Commission district office with jurisdiction over El Segundo on or
before the tenth working day after receipt of the notice of the permit decision
by the Coastal Commission's executive director. The appeal period for
projects approved by operation of law shall begin to run only upon the
receipt of the local government notice that it has to take final action by
operation of law pursuant to Government Code sections 65950 to 65957.1.
15-29-4: CITY COUNCIL ACTION
The City Council shall hold at least one hearing, in the manner prescribed in
Chapter 28 of this Title, on the decision of the Planning Commission which has
been appealed. The hearing shall be held within 40 calendar days of the appeal
request. The City Council may affirm, reverse or modify a decision of the Planning
Commission; provided, that if an appealed decision is reversed or modified, the
City Council shall, on the basis of the record transmitted and such additional
evidence as may be submitted, make the findings required by this Chapter a
prerequisite to granting the application or shall specifically decline to make such
findings. The decision of the City Council shall be final.
15-29-5: ADVERSE DECISION BY CITY COUNCIL
If the City Council, upon appeal of a Planning Commission decision, proposes an
action that is in any way contrary to the recommendations of the Planning
Commission, it may, before final action is taken, request further information from
the Planning Commission on the matter. Failure of the Planning Commission to
report to the City Council within 40 calendar days after the request may be deemed
to be consent by the Planning Commission to the proposed change.
SECTION 26: ESMC Chapter 15-30 regarding Site Plan Review is deleted.
Page 54 of 56
Page 156 of 193
SECTION 27: CONSTRUCTION. This Ordinance must be broadly construed in
order to achieve the purposes stated in this Ordinance. It is the City Council's intent that
the provisions of this Ordinance be interpreted or implemented by the City and others in
a manner that facilitates the purposes set forth in this Ordinance.
SECTION 28: ENFORCEABILITY. Repeal of any provision of the ESMC does not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 29: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire
Ordinance or its application is deemed invalid by a court of competent jurisdiction, any
repeal or amendment of the ESMC or other city ordinance by this Ordinance will be
rendered void and cause such previous ESMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 30: SEVERABILITY. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 31: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within 15 days after the passage and adoption of this Ordinance, cause it to be published
or posted in accordance with California law.
Page 55 of 56
Page 157 of 193
SECTION 32: This Ordinance will go into effect and be in full force and effect 30 days
after its passage and adoption.
PASSED AND ADOPTED this day of
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
, 2021.
Drew Boyles, Mayor
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of 2021, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the day of 2021, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
Page 56 of 56
Page 158 of 193
(:If 1' of
E L S E GU N D a Planning Commission Agenda Statement
Meeting Date: March 25, 2021
Agenda Heading: Public Hearing.
TITLE:
Amendments to various chapters in Title 15 (Zoning Code) of the El Segundo Municipal Code
(ESMC) to update and streamline the planning permit review processes. (Fiscal Impact: None)
Case numbers: Environmental Assessment No. EA-1240 and Zone Text Amendment No. ZTA 18-
07
RECOMMENDATION:
Adopt resolution No. 2863 recommending that the City Council approve the proposed Zoning
Code amendments.
INTRODUCTION:
The proposed Zoning Code amendments are part of staff s efforts to continuously improve the
City's development review process. In the past five years, staff has made substantial progress at
simplifying and streamlining the review of planning permits —discretionary and ministerial. The
proposed ordinance (Exhibit No. 1) takes a further step by clarifying and consolidating the review
processes. Exhibit No. 2 is an outline of the proposed ordinance, which provides an overview of
the changes made in each affected Zoning Code chapter.
BACKGROUND:
The Zoning Code was last updated in a comprehensive manner in 1993. Since 1993, it was
amended several times to address specific issues or to update specific chapters, such as an update
to the City's off-street parking regulations in 2011, updates to the R-1 zone regulations and a
"clean-up" ordinance in 2017. It is time that we begin updating the Zoning Code to meet today's
expectations. Staff is proposing that we begin a several phase program to update the Zoning Code.
Our first priority is to update how we process the various permit types. Over time the processes
we use for the various permit types have become too varied. The proposed ordinance is intended
to simplify the processes, making it easier for all to understand.
Another reason to update the existing planning/zoning permit processes is to improve customer
service. Providing clear and simple processes will improve the customer experience, which is
consistent with the City Council's Strategic Goal No. 1 to enhance customer service and
engagement. Furthermore, the proposed improvements will provide a more predictable
development process, which is consistent with the City Council's Strategic Goal No. 5 to champion
economic development and fiscal sustainability.
Finally, the proposed process improvements will facilitate the process of updating the City's
permit software system. The new software system will have several features that will facilitate the
Page 159 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 2 of 8
permit process including integration with the City's accounting software, web -based permit
processing and tracking, and process flow/work management functions. The process flow
functions will enable tracking of planning permits at each stage, including the submittal, review,
department comment, report writing, public notification, approval, and post approval stages.
Clearly defining and standardizing the processes in the code will help feed needed information in
the new permit software system to better track permit processing, maintain better records, and
produce data to help improve performance. The proposed ordinance is therefore consistent with
the City Council's Strategic Goal No. 4 to develop and maintain quality infrastructure and
technology.
DISCUSSION:
The proposed amendments generally fall into three categories:
1. Those permits heard and determined by the Development Services Director.
2. Those permits heard and determined by the Planning Commission. Legislative items, that
is those items determined by the City Council, are not affected by these revisions. That
includes General Plan Amendments, Specific Plans and their amendments, and rezonings,
both to the Zoning Code text and maps. In those cases, the Planning Commission is
advisory to the City Council.
3. The third section includes some general clean-up items, such as references to the
Department's name change.
1. Development Services Director Permits
Table 1 below describes the six types of permits that are heard by Development Services Director
and the process criteria.
able 1: Summary of Existing Administrative Discretionary Permits 1W
Permit type
Findings
Director
Public
Notification
Planning
Commission
City Council
Hearing
N tion
Ra.Wus
Review
Review
Administrative
Yes
No
No
None
Receive and
No
Adjustment
File only
Adjustment
Yes
Yes
Yes
Abutting
Owners
Yes
No
Administrative
Yes
No
Yes
Owners -
Yes
No
Use Permit
300'
Administrative
Owners -
Use Permit
Yes
No
Yes
Yes
Yes
(alcohol)300'
Minor Coastal
Owners &
Upon
Development
Yes
No
Yes
Occupants
No
permits
- 100,
request
Off -site Parking
Covenants
Yes
No
No
None
No
No
Director
Page 160 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 3 of 8
As can be seen in Table 1 there are six different processes for the six types of Director permits.
Table 2, below, shows how the proposed ordinance would consolidate the six processes into one.
FVTable 2: Summary of Proposed Administrative Discretionary Permits
Director
Public
Notification
Planning
City
Permit type
Findings
Hearing
Notification
Radius
Commission
Council
Review
Review
Adjustment
Administrative
Adjustment*
Administrative
Use Permit
Administrative
Use Permit
Yes
No
Yes
Owners &
Yes
No
(alcohol)**
occupants -
150'
Minor Coastal
Development
Permits***
Off -site Parking
Covenants
Director
*The Administrative Adjustment application type is eliminated by the proposed ordinance and any exceptions
currently subject to an Administrative Adjustment would be subject to an Adjustment.
**Pursuant to City Council direction in 1995, Administrative Use Permits involving alcohol sales currently have to
be reviewed by the City Council, which is not required for other Administrative Use Permits. Staff recommends
that the City Council change that requirement, so that requests involving alcohol sales do not have that extra step
in the process.
***The Minor Coastal Development Permit type is eliminated by the proposed ordinance and any requests currently
subject to one would be subject to a Major Coastal Development Permit.
While there are numerous small updates that are proposed in the Director Review process, there
are several key items that should be pointed out:
a) The proposed ordinance eliminates administrative adjustments, because they are a redundant
exception process. Instead, a single `adjustment' process is maintained, which will be
consistent with the other administrative applications covered in this new chapter.
b) Planning Commission review. As is currently the case, the new process will continue to require
the director's decisions to be reviewed by the Planning Commission. The Planning
Commission will have the option to receive and file the decisions or discuss them and reach
an alternative decision.
c) Notification. As is currently the case, the new process will continue to require public
notification of the director's decisions before Planning Commission review. However, there
is a difference between the existing and the proposed. The existing process requires notification
of property owners only. The proposed process requires notification of both owners and
occupants of properties around the subject site.
Page 161 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 4 of 8
d) Off -site parking covenants. Currently, the Zoning Code authorizes the Director to approve at
a ministerial level off -site parking covenants for up to 20 spaces or 20 percent of the required
number of spaces, whichever is more. Staff believes that off -site parking covenant review
involves substantial discretion and should more appropriately be subject to the proposed
director discretionary decision review level.
As a result of the above -described changes to the Zoning Code, "Director Discretionary Decisions"
will be consolidated into a single process for all the above Director -level applications types. Staff
believes a single well-defined process will make application processing more efficient overall and
more predictable for residents and businesses.
2. Planning Commission Permits
To some extent, the same issue affects discretionary permits that are decided at the Planning
Commission or City Council level. Again, there is a range of processes involved depending on
the permit type, as shown in Table 3.
Table 3: Summary of Existing Planning Commission Discretionary Permits
Permit type
Findings
Director
Public
Notification
Planning
City
Hearing
Notification
Radius
Commission
Council
Decision
Review
Conditional
Yes
No
Yes
Owners — 300'
Yes
No
Use Permit
Conditional
Yes
No
Yes
Owners — 300'
No
Yes
Use Permit
for bars
Variance
Yes
No
Yes
Owners — 300'
Yes
No
Off -site
Yes
No
No
None
Yes
No
covenant
(Planning
Commission
Coastal
Yes
No
Yes
Owners &
Yes
No
Development
occupants —
Permit
100,
Major
As can be seen in Table 3 above, there are four different processes for the application types listed.
Table 4, below, shows how the proposed ordinance would consolidate the four processes into one
Planning Commission Discretionary Permit process.
Page 162 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 5 of 8
Table 4: Summary of Proposed Planning Commission Discretionary Permits
Director Public Notification Planning City
Permit type Findings Hearing Notification Radius Commission Council
Review Review
Conditional Use
Permits
Conditional Use
Permit for bars*
Variances Owners —
Yes No Yes 300' Yes No
Off -site and
covenants PC occupants —
Coastal 150'
Development
Permits
* Conditional Use Permits for bars currently have to be reviewed by the City Council, which is not required for other
Conditional Use Permits. Staff recommends that the City Council change that requirement, so that requests
involving bars do not have that extra step in the process.
There are a few other key items in the proposed Planning Commission review process that should
be pointed out:
a) Public hearings. The chapter updates the existing public notification provisions to reflect
current state law and to incorporate notification of property occupants in addition to owners.
As drafted, the chapter would continue to require notification of owners of property within 300
feet, but also require notification of occupants of property within 150 feet of a property subject
to a hearing.
b) Alcohol permits for bars. Currently a CUP for alcohol service at bars must be reviewed and
approved by both the Planning Commission and the City Council. The proposed ordinance
would eliminate the additional City Council step. The Council will still be able to consider the
projects if there is an appeal, as is the case with all Planning Commission decisions.
c) Parking reductions. Currently, the Zoning Code (15-15-6C) authorizes the Director to approve
parking reductions up to 10 percent of the required number of parking spaces through an
administrative adjustment process, and the Planning Commission can approve reductions up
to 20 percent of the required number of parking spaces. The proposed ordinance would
authorize the Director to approve adjustments for up to 20 percent of the required number of
parking spaces. Under both the existing and proposed ordinances, the Variance process allows
a reduction of more than 20 percent by the Planning Commission, if the proper findings can be
made.
d) Off -site parking covenants. Currently, the Zoning Code authorizes the Planning Commission
to approve off -site parking covenants for more than 20 spaces or 20 percent of the required
number of spaces. However, the review process is not defined in the Zoning Code. Staff
believes that off -site parking covenant review involves substantial discretion and should more
appropriately be subject to the proposed Planning Commission discretionary review process.
Page 163 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 6 of 8
e) Minor/Major Coastal Development Permits. Currently, the Zoning Code authorizes the
Director to approve certain minor coastal development permits. The current process requires
notification of neighboring property owners and occupants within 100 feet of the subject site,
but a public hearing is not required unless a property owner or resident requests it. The
proposed ordinance would require all projects subject to a coastal development permit to go
through a Planning Commission hearing as outlined in proposed Zoning Code Chapter 15-28.
As a result of the above -described changes to the Zoning Code, Planning Commission
Discretionary Permits will be consolidated into a single process. Staff believes a single well-
defined process will make application processing more efficient overall and more predictable for
residents and businesses.
3. Clarifications and miscellaneous edits.
This section of the report summarizes certain text clarifications and miscellaneous edits made in
the proposed ordinance.
• Delegation of authority. The proposed ordinance delegates authority for approval of
conditional use permits for bars from the City Council to the Planning Commission. In
addition, it delegates authority for approval of parking reductions up to 20 percent of the
required parking from the Planning Commission to the Director.
• Positions and titles. The proposed ordinance replaces references to the Community
Development Director with Director.
• Chapter 15-14 (Historic Preservation). In Zoning Code Chapter 15-14, the proposed
ordinance amends the procedures for designations of cultural resources and certificates of
appropriateness to make them consistent with the discretionary process in proposed
Chapter 15-28.
• Chapter 15-15 (Off-street parking and loading). In Zoning Code Chapter 15-15, the
proposed ordinance removes references to the administrative adjustment application type,
because it is eliminated in the revised Zoning Code Chapters 15-22 and 15-23.
• Re -ordering of chapters. The ordinance re -orders several chapters in the Zoning Code.
Exhibit No. 2 (Ordinance outline) provides an overview of the existing and proposed
locations of individual chapters in the Zoning Code. However, it should be noted that in
the proposed chapters 15-30 through 15-33 only minor, non -substantive edits are proposed.
• Cross-referencing. References throughout the Zoning Code are updated to refer to the new
and renumbered chapters in the proposed ordinance.
As a result of the changes outlined in this section, staff believes that the discretionary review
process will become more streamlined and the Zoning Code more user-friendly.
Page 164 of 193
Zone Text Amendment — Zoning processes
February 25, 2021
Page 7 of 8
Future updates
Staff plans to bring forth additional ordinances starting in early Summer to further streamline the
standards and processes in the Zoning Code. Some of the topics to be covered in future ordinance
updates include:
Simplify development standards. The Zoning Code establishes development standards for
buildings and uses in the various residential and nonresidential zones of the City. Some standards
are unnecessarily complicated and sometimes located in obscure locations within the Code. A
future ordinance would simplify those standards and locate them in intuitive places in the Code
thereby facilitating its administration and the development process.
Standardize permitted uses. A future Zoning Code amendment will standardize the lists of
permitted uses using consistent terminology and incorporate use tables showing the permitted uses
in all residential, commercial, and industrial zones in the City. The absence of integrated uses
tables has been a significant deficiency in the current Code, causing delays and frustration for both
the public and staff. A future ordinance with integrated use tables would make the Code more use -
friendly and improve customer service.
Outdoor dining areas. Currently, the Zoning Code requires a Conditional Use Permit for outdoor
dining in all nonresidential zones, except for the C-4 and M-1 zones. A future ordinance would
make outdoor dining areas a permitted accessory use in each of the City's nonresidential zones.
Temporary uses and special events. Events on private property are not clearly addressed in the
Zoning Code. The lack of a defined process and specificity on the types of events requiring a
permit, have caused confusion, delays and frustration for both the public and staff. A future
ordinance would establish a clear process and standards for temporary uses and special events that
is predictable and efficient for both the public and staff.
GENERAL PLAN CONSISTENCY:
Zoning Code Section 15-1-1 (Purpose, Title) states that the Zoning Code is the primary tool for
implementation of the goals, objectives, and policies of the El Segundo General Plan.
Accordingly, the Planning Commission must find that the proposed Zone Text Amendment is
consistent with those goals, objectives, and policies. Planning staff believes that the Planning
Commission can make the findings in order to recommend City Council approval of the proposed
amendment. The findings are discussed in the proposed resolution.
ENVIRONMENTAL CONSIDERATION:
The proposed zone text is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§21000, et seq., "CEQA") and the regulations promulgated
thereunder (14 California Code of Regulations §§15000, et seq., the "State CEQA Guidelines")
because it consists only of minor revisions and clarifications to existing zoning regulations and
related procedures. It does not have the effect of deleting or substantially changing any regulatory
Page 165 of 193
Zone Text Amendment -- Zoning processes
February 25, 2021
Page 8 of 8
standards or findings required thereof. The proposed Ordinance is an action that does not have the
potential to cause significant effects on the environment. In addition, any environmental impacts
associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly,
this ordinance is consistent with the General Plan FEIR and is exempt from further environmental
review requirements under the California Environmental Quality Act. Furthermore, this ordinance
constitutes a component of the El Segundo Municipal Code which the Planning Commission
determined to be consistent with the FEIR for the City of El Segundo General Plan on December
1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs.
§ 15168(c)(2).
CONCLUSIONIRECOMMENDATION
Staff believes that the proposed ordinance will streamline and simplify the planning discretionary
permit process and improve customer service, by the following:
1. Creating a single, standard process for Director Discretionary Decisions.
2. Creating a single, standard process for Planning Commission Discretionary Decisions.
3. Delegating decision -malting authority where appropriate and re -organizing the Zoning
Code.
In addition, the proposed ordinance is consistent with the General Plan and the purpose of the
Zoning Code. The proposed ordinance is exempt from environmental review under CEQA.
Therefore, staff recommends that the Planning Commission adopt Resolution No. 2863
recommending that the City Council adopt the proposed Ordinance.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance customer service and engagement
Objective A: El Segundo provides unparalleled service to internal and external customers
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Goal 5: Champion Economic Development and Fiscal Sustainability
PREPARED BY: Paul Samaras, Principal Planner4s
REVIEWED BY: Denis Cook, Planning Consultant'0&'/
APPROVED BY: Sam Lee, Director of Planning and Building Safety
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Resolution No. 2863
2. Draft ordinance
3. Ordinance outline
Page 166 of 193
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: November 2, 2021
Agenda Heading: Staff Presentations
Item Number: D.10
TITLE:
Adopt Resolutions Amending City Contributions for CalPERS Medical Premiums
RECOMMENDATION:
Adopt resolutions for the following groups amending the City contributions for CalPERS
medical premiums consistent with previously approved Memorandums of
Understanding ("MOUs") and the Affordable Care Act ("ACA").
1. El Segundo City Employees' Association ("CEA")
2. El Segundo Supervisory and Professional Employees' Association ("SPEA")
3. El Segundo Police Support Services Employees' Association ("PSSEA")
4. El Segundo Non-PERS Elected Officials
5. Unrepresented Hourly Employees considered full-time under the ACA
FISCAL IMPACT:
Funding for actions related to previously approved MOUs for calendar year 2022 are
incorporated in the adopted FY 2021-2022 Citywide Budget. Sufficient funding for
actions related to Non-PERS Elected Officials and Unrepresented Hourly Employees
considered full-time under the ACA is included in the adopted FY 2021-2022 Citywide
Budget
BACKGROUND:
Staff and representatives of the various labor associations met and conferred, and City
Council adopted and approved labor agreements, which included updated medical
contributions with each of the groups listed above. The Non-PERS Elected Officials
group's City contribution towards medical coverage is affixed with the amount provided
to the PSSEA.
City Council previously adopted a monthly minimal essential health contribution for
unrepresented hourly employees as required by the ACA. Each year, an affordability
analysis must be conducted to determine if an adjustment to the contribution is
Page 167 of 193
Amendment to the City Contributions for CalPERS Medical Premiums
November 2, 2021
Page 2 of 4
necessary to maintain affordability. As required by CalPERS, separate resolutions for
each group are attached to this report to effectuate the changes in City contributions as
outlined below.
El Segundo City Employees' Association ("CEA"): City Council adopted the successor
CEA MOU on March 19, 2019, which included provisions for periodic increases to the
medical contribution. Effective January 1, 2022, there is a scheduled increase of $50
towards the medical allowance which will increase the monthly contribution from $1,500
to $1,550.
El Segundo Supervisory and Professional Employees' Association ("SPEA"): City
Council adopted the successor SPEA MOU on August 20, 2019, which included
provisions for periodic increases to the medical contribution. Effective January 1, 2022,
there is a scheduled increase of $50 towards the medical allowance which will increase
the monthly contribution from $1,600 to $1,650.
El Segundo Police Support Services Employees' Association ("PSSEA"): City Council
adopted the successor PSSEA MOU on March 19, 2019, which included provisions for
periodic increase to the medical contribution. Effective January 1, 2022, there is a
scheduled increase of $50 towards the medical allowance which will increase the
monthly contribution from $1,600 to $1,650 per month.
Non-PERS Elected Officials: On December 17, 2019, City Council adopted a separate
resolution as required under CalPERS regulations to provide the same medical
contribution to the Non-PERS Elected Officials as PSSEA. The attached resolution
aligns the Non-PERS Elected Officials contribution with PSSEA to $1,650 per month
effective January 1, 2022.
Unrepresented Hourly Employees considered full-time under the ACA: The ACA
requires employers to offer affordable, minimum essential health insurance coverage to
employees that work "full-time." Under the ACA, an employee that works an average of
thirty (30) hours a week during the City's designated measurement period of November
1 through October 31 is considered full-time. Employee work hours are tracked
throughout the year and an annual eligibility analysis is conducted in October. The
minimum essential coverage ("MEC") for each calendar year is calculated using the
ACA affordability threshold, Federal poverty level for Los Angeles and CalPERS lowest
medical premium rate.
Effective January 1, 2022, the affordability threshold percentage is 9.61 % and the cost
of the lowest CalPERS medical premium is $463.87 per month. The maximum
employee monthly contribution will be $103.15 and the minimum employer contribution
will be $360.72 per month. After conducting an analysis of the employee hours worked
beginning November 1, 2020, and projected through October 31, 2021, we anticipate
that there will be three employees eligible for an offer of coverage. The fiscal impact is
dependent upon the number of employees who accept medical coverage through the
Page 168 of 193
Amendment to the City Contributions for CalPERS Medical Premiums
November 2, 2021
Page 3 of 4
City's CalPERS plan. Based on the limited number of qualifying employees, the
estimated maximum fiscal impact for calendar year 2022 is projected to be under
$13,000.
City Council adopted a minimum essential coverage contribution on February 17, 2015
and amended that amount on December 6, 2016. The attached resolution updates the
MEC and establishes a new MEC allowance of $360.72 per month effective January 1,
2022. Staff are reviewing the ACA procedures and developing an administrative policy
to ensure that all requirements under the ACA are continued to be met by the City
moving forward.
DISCUSSION:
CalPERS requires contracting agencies participating in the Health Plan under the Public
Employee's Medical and Hospital Care Act ("PEMHCA") to submit a change resolution
approved by the City Council to amend the employer contribution for medical premiums.
This item outlines each of the previously adopted MOUs with the employee groups
referenced and fulfills the City's obligation to adjust the MEC allowance as appropriate
for unrepresented hourly employees considered full-time under the ACA. Human
Resources will ensure that the approved resolutions are recorded with CalPERS and
work with Finance to implement the increases to the City's contribution for medical
premiums.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Develop as a Choice Employer and Workforce
Objective: El Segundo is a city employer of choice and consistently hires for the future,
with a workforce that is inspired, world -class and engaged, demonstrating increasing
stability and innovation.
PREPARED BY:
Rebecca Redyk, Human Resources Director
REVIEWED BY:
Rebecca Redyk, Human Resources Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution Fixing the Employer Contribution 003 El Segundo City Employees'
Association
2. Resolution Fixing the Employer Contribution 005 Supervisory Professional
Employees' Association
Page 169 of 193
Amendment to the City Contributions for CalPERS Medical Premiums
November 2, 2021
Page 4 of 4
3. Resolution Fixing the Employer Contribution 008 Police Support Services
Employees' Association
4. Resolution Fixing the Employer Contribution 007 Non PERS Elected Officials
5. Resolution Fixing the Employer Contribution 009 Unrepresented Hourly
Employees Group
Page 170 of 193
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
003 CITY EMPLOYEES' ASSOCIATION
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and
Hospital Care Act (the "Act") for participation by members of El Segundo
City Employees' Association; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $1,550.00 per month, plus administrative fees and
Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is
eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of El
Segundo would not qualify as an agency or instrumentality of the state or
political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2022.
Page 171 of 193
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 2nd day of November, 2021.
Signed:
Attest:
Drew Boyles, Mayor
Tracy Weaver, City Clerk
Page 172 of 193
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
005 SUPERVISORY/PROFESSIONAL EMPLOYEES' ASSOCIATION
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of El Segundo
Supervisory/Professional Employees' Association; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $1,650.00 per month, plus administrative fees and
Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is
eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of El
Segundo would not qualify as an agency or instrumentality of the state or
political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2022.
Page 173 of 193
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 2nd day of November, 2021.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
Page 174 of 193
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
008 POLICE SUPPORT SERVICES EMPLOYEES' ASSOCIATION
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of El Segundo Police
Support Services Employees' Association; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $1,650.00 per month, plus administrative fees and
Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is
eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of El
Segundo would not qualify as an agency or instrumentality of the state or
political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2022.
Page 175 of 193
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 2nd day of November, 2021.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
Page 176 of 193
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
700 NON-PERS ELECTED OFFICIALS
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of Non-PERS Elected
Officials; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $1,650.00 per month, plus administrative fees and
Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is
eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of El
Segundo would not qualify as an agency or instrumentality of the state or
political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2022.
Page 177 of 193
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 2nd day of November, 2021.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
Page 178 of 193
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
009 UNREPRESENTED HOURLY EMPLOYEE GROUP
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of El Segundo
Unrepresented Hourly Employee Group; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $360.72 per month, plus administrative fees and
Contingency Reserve Fund assessments effective; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is
eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
Regulations pursuant to such Section. If it is determined that City of El
Segundo would not qualify as an agency or instrumentality of the state or
political subdivision of a State under such final Regulations, CalPERS
may be obligated, and reserves the right to terminate the health coverage
of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2022.
Page 179 of 193
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 2nd day of November, 2021.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
Page 180 of 193
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: November 2, 2021
Agenda Heading: Staff Presentations
Item Number: D.11
TITLE:
Smoky Hollow On -Street Parking Pilot Project
RECOMMENDATION:
Authorize staff to execute a professional services agreement with KOA for conceptual
design of the Smoky Hollow On -Street Parking Pilot Project.
FISCAL IMPACT:
Included in Adopted FY 2021/22 Budget
Amount Budgeted: $24,951
Additional Appropriation: N/A
Account Number(s): 001-400-4101-6206 (General Fund - Public Works Dept. Budget)
7_[81:(r]:A1l1►113
On May 18, 2021, staff made a presentation and provided an updated report to City
Council regarding the El Segundo Boulevard Parallel Parking Pilot Project. As part of
this presentation, City Council authorized staff to remove pylons and parallel parking
stalls along El Segundo Boulevard from Main Street to Sheldon Street which were
installed in November 2019, and rerestripe El Segundo Boulevard to its original
condition. Further, City Council authorized staff to develop an alternate pilot parking
program and report back to City Council.
DISCUSSION:
Staff received a proposal from KOA Corporation to provide professional consulting
services for the conceptual design of the Smoky Hollow On -Street Parking Pilot Project.
The scope of work includes reviewing the public right-of-way recommendations in the
Smoky Hollow Specific Plan and working with adjacent property owners and staff to
determine the most appropriate streets for a pilot project based on the previous
Page 181 of 193
Smoky Hollow On -Street Parking Project
November 2, 2021
Page 2 of 2
conceptual designs. The roadways selected for this pilot project, with public input, will
include two adjacent north -south roadways that will change from the current two-way
operation to one-way streets. This change of operation will create between 6 and 19
additional angled parking spaces along those two streets (depending on the streets
selected). In addition, the scope of work will include development of construction cost estimates.
It is anticipated that the conceptual design will be completed by early summer 2022.
Staff will present the conceptual designs to City Council and will seek authorization for
the preparation of final engineering design and construction of the project. Upon
completion of this pilot project, staff will monitor and evaluate its effectiveness. If this
pilot project proves to be a success, staff will come back to the City Council and seek
authorization to undertake the task of expanding this pilot project on 11 north -south
streets in the Smoky Hollow Specific Plan, which would create approximately 85
additional angled parking spaces by making these streets one-way.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and
effective community.
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5A: El Segundo promotes economic growth and vitality for business and the
community.
PREPARED BY:
Elias Sassoon, Public Works Director
REVIEWED BY:
Michael Allen, AICP, Development Services Director, Elias Sassoon, Public Works
Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
None
Page 182 of 193
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: November 2, 2021
Agenda Heading: Staff Presentations
Item Number: D.12
TITLE:
Aquatics Fee Study and Cost Recovery Policy
RECOMMENDATION:
Review the Aquatics Fee Study, retain the existing Aquatics fee structure, and apply the
consumer price index (cpi) cost inflator to the Aquatics fees each year as part of the
annual Master Fee Schedule update.
;1Ih'ia_1NILVi12_T"IF
No fiscal impact at this time. If City Council advises staff to modify the cost recovery
policy and apply the annual cpi inflator to Aquatic fees, there will be a fiscal impact
which will be determined when the cpi is applied to the City's Master Fee Schedule
which is scheduled for July 1, 2022.
BACKGROUND:
The City's Master Fee Schedule is a compilation of the fees charged for services. All
fees are reviewed from time to time in order to ensure that the fees charged do not
exceed the estimated costs required to produce the services and that all fees are in
compliance with the California Government code Sections 66016 and 66018. Many
Aquatics Fees have not been updated for several years as the City has chosen to keep
most Recreation Fees constant for the benefit of residents and non-resident patrons.
Due to an increase in costs to operate Aquatic programs and maintain the City facilities
associated with aquatic use, City Council asked Staff to review the costs for the
Aquatics Programs in order to ensure the City is receiving sufficient cost recovery to run
these programs, as well as sustainability of the programs and the associated City
facilities.
DISCUSSION:
There are three pools included in the Aquatics Program; the Aquatics Center (City of El
Segundo/Wiseburn Unified School District), the Urho Saari Swim Stadium "The
Plunge," and Hilltop Pool. While each pool has its own unique purpose, as a group
they offer Swim Lessons, Open Swim, Group Lane Rentals to Schools and Clubs, and
Page 183 of 193
Review of Aquatics Fee Study
November 2, 2021
Page 2 of 6
other special events. The City Council will review the Aquatics Fee Study to analyze
the current costs and cost recovery to determine the appropriate fees going forward.
The table below represents cost recovery for the Aquatics Center. Cost recovery is
listed by program, as well as by direct costs only, direct and maintenance costs, and
finally by all direct and indirect costs. Direct costs are primarily staff salary and benefits
that are assigned to each specific location, as well as miscellaneous operating and
maintenance costs. Direct costs do not include utilities, chemicals, and other operating
and maintenance costs required to maintain the pools/facilities.
Aquatics Center Cost Recovery
Revenues
Direct
Cost Recovery
Direct + Maint
Cost Recovery
Direct + Maint
+ 0/H Cost
Recovery
Aquatics Programs
$583,896
104.2%
86.0%
53.1%
School District
$80,000
87.9%
72.6%
44.8%
Water Polo
$84,626
58.4%
48.2%
29.7%
Swim/Private Rentals
1 $474,2481
171.6%1
141.7%1
87.40X
Total
$1,222,770
114.0%
94.1%
The table below represents cost recovery for The Plunge. Cost recovery is listed by
program, as well as by direct costs only, direct and maintenance costs, and finally by all
direct and indirect costs.
The Plunge Cost Recovery
Revenues
Direct
Cost Recovery
Direct + Maint
Direct + Maint + 0/H Cost
Cost Recovery Recovery
Aquatics Programs
$134,785
27.5%
22.9%
12.1%
School District
$0
0.0%
0.0%
0.0%
Water Polo
$15,210
18.6%
15.5%
8.1%
Swim/Private Rentals
$4,050
107.2%1
89.3%1
47.0%
Total
$154,045
26.7%
22.3%
11.7%
The table below represents cost recovery for Hilltop Pool. Cost recovery is listed by
program, as well as by direct costs only, direct and maintenance costs, and finally by all
direct and indirect costs.
Hilltop Pool Cost Recovery
Page 184 of 193
Review of Aquatics Fee Study
November 2, 2021
Page 3 of 6
Revenues
Aquatics Programs I S17.190
Direct
Cost Recovery
25.91�
Direct + Maint
Cost Recovery
19.0o/"l
Direct + Maint
+ O/H Cost
Recovery
9.8%
School District
$0
0.0%
0.0%
0.0%
Water Polo
$0
0.0%
0.0%
0.0%
Swim/Private Rentals
$3,550
202.3%
148.2%
76.1%
Total
$20,7401
30.5%1
22.3%
11.5%
The table below represents the total cost recovery for the three aquatic locations
combined: Aquatics Center, The Plunge, & Hilltop Pool. Cost recovery is listed by
program, as well as by direct costs only, direct and maintenance costs, and finally by all
direct and indirect costs. The industry norm for cost recovery is 20%-30% of direct
costs for community -based pools and 75%-100% of direct costs for competitive pools.
Aquatic locations combined: Aquatics Center, The Plunge, & Hilltop Pool
Direct
Revenues Cost Recovery
Direct + Maint
Cost Recovery
Direct + Maint
+ O/H Cost
Recovery
Aquatics Programs
$735,8711 65.9%
54.2%
30.7%
School District
$80,000
87.9%
72.6%
44.8%
Water Polo
$99,836
44.0%
36.5%
21.2%
Swim/Private Rentals
1 $481,848 171.0% 141.1%
86.7%
Total
S1.397.5551 81.40/n
67.1o/n
38.8o/n
The table below represents the total cost by pool. The costs are broken down by direct
costs, maintenance costs, and all overhead and facility replacement costs.
Direct Costs
Maintenance
Costs
Dept O/H,
City O/H,
Facility Repl
TOTAL
COSTS
Aquatics Center
$1,072,886
$226,5521
$806,465
$2,105,903
The Plunge
$575,931
$114,888
$622,257
$1,313,076
Hilltop
1 $68,110
$24,842
$88,0041
$180,956
Total
$1,716,927
$366,Z82
$1,516,726
$3,599,935
As a reference, the table below represents a sampling of nearby cities and the
associated charges for swim lessons ranked from the highest charging city to the
Page 185 of 193
Review of Aquatics Fee Study
November 2, 2021
Page 4 of 6
lowest.
Group
Private
City
per 2 5- 30 min lesson
per 20-30 min lesson
Swim Lessons
Swim Lessons
Manhattan Beach
$7.00 Resident
$19.25 Resident
$7.71 Non Resident
$21.12 Non -Resident
$6.60 Resident
$27.50
Santa Monica
$13.13 Non -Resident
Semi -Private
El Segundo
$6.00 Resident
$20.00 Resident
$7.50 Non Resident
$25.00 Non Resident
Culver- City
$5.16 Resident
$54.00 Resident
$7.00 Non Resident
$70.50 Non -Resident
Hawthorne
$2.75
N/A
As a reference, the table below represents a sampling of nearby cities and the
associated charges for lap swim and recreational swimming.
Lap Swim
Rec Swim
City
(Resident/Non-Res)
(Resident/Non-Res)
$5/$7 - Adult
$3/$5 - Adult
Manhattan Beach
$5/$7 - Child
$3/$5 - Child
$5/$7 - Senior
$3 $5 - Senior
$4.50/$9.00 - Adult
$4.50/$9.00 - Adult
Santa Monica
$2.00/$4.00 - Child
$2.00/$4.00 - Child
$2.25/$4.50 - Senior
$2.25/$4.50 - Senior
$4/$6 - Adult
$4/$6 - Adult
El Segundo
$2/$4 - Child
$2/$4 - Child
$2/$4 - Senior
$4 - Adult
$2/$4 - Senior
$4 - Adult
Culver City
$3 - Child
$3 - Child
$3 - Senior
$3 - Senior
$4 - Adult
$2 - Adult
Hawthorne
$1 - Child
$1 - Child
$2 - Senior
$2 - Senior
Page 186 of 193
Review of Aquatics Fee Study
November 2, 2021
Page 5 of 6
As a reference, the table below represents a sampling of nearby cities and the associated per lane
hour rental charges for swim and water polo clubs.
City
Youth Swim Groups
Adult Swim Groups
Water Polo Youth &
- per lane/per hour
- per lane/per hour
Adult - per lane/per
hour
Nonprofit/Profit
Nonprofit/Profit
Nonprofit/Profit
El Segundo
$15.50/$20.50
$10.50/$15.50
$6.60/$8.60
Santa
$6/$12
$11/$22
$6/$12
Monica
Torrance
$8.30 + fees
$8.30 + fees
$8.30 + fees
USD
Manhattan
$7.14
$7.14
$7.14
Beach
Hawthorne
$6.40
$9.50
$6.40
City Council can choose to revise the cost recovery on a particular aquatic fee or a
group of aquatic fees. City Council can also choose to leave the existing fee structure
in place for now and direct staff to bring back the aquatic fees in Spring of 2022 along
with the update to the Citywide Master Fee Schedule. Staff has been updating the
Citywide Master Fee Schedule on an annual basis to ensure the City keeps pace with
inflationary factors. Staff recommends retaining the existing Aquatic fee structure and
bring back the aquatic fees with the Citywide Master Fee Schedule in April 2022 and
apply the relevant cpi to the aquatic fees.
CITY STRATEGIC PLAN COMPLIANCE:
Goal: 5 Champion Economic Development and Fiscal Sustainability
Objective: B El Segundo approaches its work in a financially disciplined and
responsible way
PREPARED BY:
Dino Marsocci, Revenue Manager/Deputy Treasurer
REVIEWED BY:
Joseph Lillio, Chief Financial Officer, Melissa McCollum, Community Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
Page 187 of 193
Review of Aquatics Fee Study
November 2, 2021
Page 6 of 6
ATTACHED SUPPORTING DOCUMENTS:
None
Page 188 of 193
City Council Agenda Statement
F l� r U. I 1 {} Meeting Date: November 2, 2021
Agenda Heading: Staff Presentations
Item Number: D.13
TITLE:
FY 2021-2022 Fire Department Budget Reductions Follow-up Report
RECOMMENDATION:
Direct City Manager to:
1. Suspend Fire Engine #32 through June 30, 2022
2. Do not fill one vacant Battalion Chief position and hire one temporary Special
Projects Administrator through June 30, 2022
3. Fill Frozen Fire Marshal position after planned Battalion Chief retirement
4. Maintain one frozen Firefighter/Paramedic position through June 30, 2022
5. Maintain one frozen Fire Prevention Specialist through June 30, 2022
6. Continue to work with City of Redondo Beach and City of Manhattan Beach to
establish a tri-cities Battalion Chief position, as part of the ongoing "Shared Fire
Services" review
7. Complete Fire Service Accredition Study by April 1, 2022
8. Review benefits to City of El Segundo to transfer from Disaster Management
Service Area G to Disaster Management Service Area A
9. Report back to City Council by June 30, 2022 with FY 2021-2022 expenditure
savings and service impacts of Items 1 through 8 and provide recommended Fire
Department expenditure savings and service revisions as part of the FY 2022-
2023 General Fund Budget preparation process
Page 189 of 193
FY 2021-2022 Fire Department Budget Reductions Follow-up Report
November 2, 2021
Page 2 of 5
FISCAL IMPACT:
Potential FY 2021-2022 General Fund expenditure savings is up to $1,000,000 as
follows:
• Suspend Fire Engine #32 -- Savings up to $600,000
• Do not fill Battalion Chief position and hire one Special Projects Administrator --
Savings up to $250,000
• Fill Frozen Fire Marshal position after Battalion Chief Retirement -- Savings up to
$150,000
Based on completing a review of actual expenditure savings and service impact data
through June 30, 2022, it is possible that the General Fund will realize continued
expenditure savings into FY 2022-2023.
BACKGROUND:
In preparing the FY 2020-2021 General Fund Budget, all City departments were
instructed to make a series of budget appropriation reductions. As part of this process,
each department was required to reduce its Maintenance and Operations (or "M & O")
budgets by approximately 10%. For the Fire Department, it reduced its initial FY 2021-
2022 proposed budget by $1,077,131 from $14,819,798 to $13,782,667, as follows:
• Equipment Replacement Fund Charge Reduction - $500,000
• Three frozen positions (Firefighter/Paramedic, Fire Marshal, & Fire Prevention
Specialist) - $437,000
• Variety of Maintenance & Operations line -item reductions - $100,000
At the June 15, 2021 Proposed FY 2021-2022 Budget Public Hearing, City Council
adopted the Citywide Budget. As part of this process, City Council directed staff to
report back with an additional $1,000,000 in recurring expenditure reductions from the
Fire Department. The rest of this staff report provides a proposed plan to comply with
the direction to reduce the Fire Department Budget from $13,782,667 to $12,782,667.
Page 190 of 193
FY 2021-2022 Fire Department Budget Reductions Follow-up Report
November 2, 2021
Page 3 of 5
DISCUSSION:
Fire Department Expenditure Reduction Options
Over the past few months, staff reviewed a variety of options to achieve the requested
$1,000,000 in recurring Fire Department expenditure reductions. A guiding principle
throughout the analysis was to avoid notable service level impacts to the public
(including response times to EMS, fire, and related calls). Some of the options studied
include the following:
1. Contract with Los Angeles County Fire Department -- Potential recurring annual
savings of up to $5,000,000
2. Merge with an adjacent city or cities to provide regional fire service -- Potential
recurring annual savings of $2,000,000 to $5,000,000
3. Permanently shut down Fire Engine #32 -- Potential recurring annual savings of
up to $2,000,000
4. Permanently contract with a private ambulance company -- Potential recurring
annual savings of up to $850,000
5. Permanently shut down Rescue Ambulance #32 -- Potential recurring annual
savings of up to $850,000
6. Suspend Fire Engine #32 for a full year -- Potential one-time savings of up to
$900,000
Staff's Recommended Expenditure Reduction Option -- Suspend Fire Engine #32 for
the Remainder of FY 2021-2022 & Assess Impacts
Having weighed the pros and cons of each option, staff decided to pursue a variation of
Option #6 which involves suspending the use of Fire Engine #32 for the remaining eight
months of FY 2021-2022 (November 2021 through end of June 2022), combined with a
variety of other cost -saving measures, that will achieve City Council's targeted
$1,000,000 in additional expenditure savings. The components of these potential
expenditure savings for FY 2021-2022 are as follows:
Page 191 of 193
FY 2021-2022 Fire Department Budget Reductions Follow-up Report
November 2, 2021
Page 4of5
Suspend Fire Engine #32 through June 30, 2022 -- Save up to $600,000
This savings will be achieved via reduced overtime expenditures associated with not
rehiring up to three existing firefighters per day. This will reduce daily Firefighter staffing
at both fire stations from 14 positions to 11 positions.
Do not fill one vacant Battalion Chief position and hire one temporary Special
Projects Administrator through June 30, 2022 -- Save up to $250,000
This savings reflects not immediately hiring a permanent replacement for the Battalion
Chief position caused by to promotion of Deena Lee to Fire Chief. This vacancy will be
filled by a temporary Special Projects Administrator through June 30, 2021. To comply
with State law, this temporary position will not be allowed to work more than 960 hours.
Fill Frozen Fire Marshal position after planned retirement of another Battalion
Chief -- Save up to $150,000
This savings reflects not immediately hiring a permanent replacement for an upcoming
planned retirement of an existing Battalion Chief. This vacancy will be underfilled with a
Fire Marshal position.
Continue with ongoing Expenditure Savings Measures
In addition, staff is proposing to do the following:
Maintain one frozen Firefighter/Paramedic position through June 30, 2022 (as
included in the adopted FY 2021-2022 Budget)
Maintain one frozen Fire Prevention Specialist through June 30, 2022 (as included
in the adopted FY 2021-2022 Budget)
Continue to work with City of Redondo Beach and City of Manhattan Beach to
establish a tri-cities Battalion Chief position, as part of the ongoing "Shared Fire
Services" review
Complete Fire Service Accredition Study by April 1, 2022
Review benefits to City of El Segundo to transfer from Disaster Management
Service Area G (consisting of 14 South Bay cities and a portion of Los Angeles
County) to Disaster Management Service Area A (consisting of the cities of
Beverly Hills, Culver City, Santa Monica, West Hollywood, and portions of City of
Los Angeles and Los Angeles County adjacent to the north of El Segundo)
Prepare FY 2021-2022 Year -End Impact Report
Page 192 of 193
FY 2021-2022 Fire Department Budget Reductions Follow-up Report
November 2, 2021
Page 5 of 5
Staff will report back to City Council by June 30, 2022 with a summary of FY 2021-2022
expenditure savings and service impacts based on actual financial reports, call data,
and other sources of information. Staff will use this data, along with data from the
upcoming Fire Service Accreditation Study, to provide Fire Department budget and
staffing recommendations to City Council as part of next year's Proposed FY 2022-2023
General Fund Budget.
As a reminder, at the June 15, 2021 Budget Public Hearing, City Council discussed its
desire to use a more metrics -based approach to budgeting in general, and directed staff
to pursue using a "Zero -Based Budget" methodology for the Police and Fire
Departments in particular, starting with FY 2022-2023. The information gathered over
the next eight months via the recommendations contained in this staff report will help
staff implement the new budget preparation method. The data collected will drive future
conclusions and recommendations,
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5B: El Segundo approaches its work in a financially strategic and responsible
way
PREPARED BY:
Scott Mitnick, City Manager
REVIEWED BY:
Scott Mitnick, City Manager
APPROVED BY:
Scott Mitnick, City Manager
ATTACHED SUPPORTING DOCUMENTS:
None
Page 193 of 193