CC RESOLUTION 5478RESOLUTION NO. 5478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ESTABLISHING PARKING IN -LIEU FEE PAYMENT
PROCEDURES
The City Council of the City of El Segundo does hereby resolve as follows:
SECTION 1: The City Council does hereby finds and declares that:
A. El Segundo Municipal Code ("ESMC") Chapter 15-33 (Parking In -Lieu Fees)
establishes fees "in lieu of providing on -site parking spaces within designated
parking in -lieu fee areas," and ESMC § 15-33-3 (Payment) authorizes the payment
of in -lieu fees over a period of time pursuant to an approving City Council resolution.
B. In 2003, the City Council established a parking in -lieu fee to allow any property
owner of a property located within the Downtown Specific Plan area to pay a fee in
lieu of providing required on -site parking spaces. Subsequently, the City Council
adopted Resolution No. 4599 establishing procedures for payment of the parking
in -lieu fee, including making payments over time;
C. In 2018, the City Council established a parking in -lieu fee to allow any property
owner of a property located within the Smoky Hollow Specific Plan area to also pay
a fee in lieu of providing required on -site parking spaces. At the same time, the City
Council adopted Resolution No. 5100 establishing procedures for payment of the
parking in -lieu fee in Smoky Hollow;
D. The intent of both programs is to allow the payment of a fee as an alternative
method of meeting the City's parking requirements for private development and to
provide additional shared public parking on -street and off-street in public parking
structures;
E. The in -lieu fee payment procedures in the Downtown Specific Plan and the Smoky
Hollow Specific Plan areas are currently inconsistent. To improve customer service
and efficiency, the City intends to establish a common set of simple payment
procedures for all parking in -lieu fee areas identified in ESMC Chapter 15-33
(Parking In -lieu Fees);
F. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"),
and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000,
et seq., the "CEQA Guidelines");
G. The City Council of the City of El Segundo held a duly noticed public hearing on
May 7, 2024, to review and consider the staff report prepared for the proposed
parking in -lieu fee payment procedures, receive public testimony, and review all
related correspondence; and
H. This Resolution, and its findings, are made, in part, based upon the evidence
presented to the City Council at its May 7, 2024, public hearing including, the staff
report submitted by the Community Development Department.
SECTION 2: Parking In -lieu Fee Amount. The amount of parking in -lieu fee for the
Parking In -lieu Fee Areas established in ESMC Chapter 15-33 shall be as set forth in the
City Fee Schedule in effect at the time a development permit is issued, and as amended
by City Council.
SECTION 3: Timing of Payment. Except as provided in paragraph C, the property owner
may choose at the owner's discretion between the following two options:
A. Parking in -lieu fee must be paid in full before the City issues a Certificate of
Occupancy or provides formal approval of a project that does not require a
Certificate of Occupancy.
B. Alternatively, a property owner may pay a down payment of at least 50% of the full
amount before the City issues a Certificate of Occupancy or provides formal
approval of a project that does not require a Certificate of Occupancy, provided the
property owner enters into a written repayment agreement with the City to pay the
remaining amount. The remaining balance must be paid with annual payments over
a period of time not to exceed 10 years from the date the City issues a Final
Certificate of Occupancy. The property owner must execute and record: (i) a
promissory note in favor of the City; (ii) a deed of trust in favor of the City to secure
the promissory note; (iii) a covenant against the real property; and (iv) any other
document required by the City Manager, upon recommendation by the City
Attorney.
C. Notwithstanding the foregoing, when a property owner proposes to pay an in -lieu
fee for more than 50% of the required parking for the property, then the in -lieu fee
amount must be paid in full before the City issues a Certificate of Occupancy or
provides formal approval of a project that does not require a Certificate of
Occupancy.
SECTION 4: Authorization. The City Manager or designee is authorized to take any
actions necessary to effectuate this resolution, including but not limited to, promulgation
of administrative policies and procedures.
SECTION 5: This Resolution supersedes all prior resolutions related to parking in -lieu
fee payment procedures, including, but not limited to, Resolution No. 4599 and Resolution
No. 5100.
SECTION 6: Environmental Assessment. The proposed parking in -lieu fee payment
procedures are exempt from further environmental review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA")
and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it is
for general policies and procedure -making. It does not authorize any new development
entitlements, but simply establishes policies and procedures for allowing the previously
RESOLUTION NO. 5478
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approved project to be constructed. Any proposed project that will utilize the changes set
forth in this Resolution will be subject to CEQA review as part of the entitlement review of
the project. The proposed parking in -lieu fee payment procedures will not adversely impact
the environment and is therefore exempt from the provisions of CEQA.
SECTION 7: Reliance On Record. Each and every one of the findings and determination
in this Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the City Council
in all respects and are fully and completely supported by substantial evidence in the record
as a whole.
SECTION 8: Limitations. The City Council's analysis and evaluation of the project is based
on the best information currently available. It is inevitable that in evaluating a project that
absolute and perfect knowledge of all possible aspects of the project will not exist. One
of the major limitations on analysis of the project is the City Council's lack of knowledge of
future events. In all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the city's ability to solve what are in effect
regional, state, and national problems and issues. The City must work within the political
framework within which it exists and with the limitations inherent in that framework.
SECTION 9: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
SECTION 10: This Resolution will take effect immediately and remain effective until
superseded by a subsequent resolution,
SECTION 11: The City Clerk is directed to certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7tn day of May 2024.
Dr w Boyle s, yor
ATTEST:
UhAt4l� om_&bo
Tracy 'Weave , City Clerk
APPROVED AS TO FORM:
lie,
Mark D, enfey, City Attorney
RESOLUTION NO. 5478
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
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
Resolution No. 5478 was duly passed, approved, and adopted by said City Council, at a
regular meeting of said Council held on the 7th day of May, 2024, approved and signed by
the Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Pro Tern Pimentel, Council Member Giroux, and Council Member
Baldino
NOES: None
ABSENT: None
ABSTAIN: Mayor Boyles and Council Member Pirsztuk
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of May, 2024.
Tra Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5478
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