CC RESOLUTION 3591RESOLUTION NO. 3591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA ADOPTING A POLICY
REGARDING BUILDING PERMIT ISSUANCE PRIOR TO
RECORDATION OF A FINAL MAP FOR CONDOMINIUM
SUBDIVISIONS.
WHEREAS, the City Council has instructed the staff to
formulate a policy with respect to the issuance of a building
permit prior to the recordation of a final map and to return that
policy to the City Council for approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. After due consideration of the policy presented
herein, the City Council hereby resolves as follows:
1. No employee of the city shall issue a building permit for any
project prior to the recordation of a final map except as
herein provided.
2. A building permit shall be issued by a city employee prior to
the recordation of a final map for any project which is a
condominium residential subdivision, which has an approved
tentative map, provided the project meets all standards
imposed by law as well as city standards and the developer
complies with all of the requirements of paragraph 3, 4 and
5 below.
3.
The developer shall enter into an agreement with the city in
a form essentially as contained in Exhibit A, attached hereto
and made a part hereof.
4.
The developer shall deliver to the City a Certificate of
Deposit in a bank acceptable to the City in the face amount
to be determined by the City Attorney in consultation with the
Director of Development Services. The Certificate of Deposit
shall be in a form acceptable to the City, shall be solely in
the name of the City and shall be payable upon demand to the
City without recourse by the Developer.
5.
The Certificate of Deposit shall be security for the
performance of all obligation by the Developer.
• 6.
The developer shall record a final map within one year from
the approval date of the Tentative Map or forfeit the
Certificate of Deposit, which will then be placed in the
City's General Fund.
7.
No certificate of occupancy or utility turn -on approval shall
be issued or granted prior to recordation of the final map
even if forfeiture has occurred.
0
SECTION 2. The City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of
original resolutions of said city; and shall make a minute of the
passage and adoption thereof in the record of the proceedings of
the City Council of said city, in the minutes of the meeting at
which the same is passed and adopted.
APRIL 18 1989
PASSED, APPROVED and ADOPTED on , 1989.
A
California
City Clerk (SEAL)
-1- JOA:R- 041889.PL
A G R E E M E N T
This AGREEMENT is made and entered into this day of
, 19_1 by and between the City of El Segundo, a
municipal corporation, (hereinafter referred to as "CITY ") and
(hereinafter referred to as "DEVELOPER ") ,
upon the facts and for the purposes set forth hereinafter.
RECITALS
This agreement is based upon the following:
A. Developer has applied to City for a building permit to
construct 88 townhouses on property located at
El Segundo, California (hereinafter referred
to as the "PROJECT ").
B. The Developer has received from the City tentative
approval of Tract Map # , but has not received final
approval of the said Tract Map, nor has the Tract Map been
recorded.
C. Developer estimates that it will take days to
finalize Tract Map # with the County Engineer prior to final
approval of the City and thereafter, 30 days to record.
is D. The City is not required by law to issue a building
permit for a project prior to the recording of a tract map and has
consistently refused to do so in the past.
E. The Developer desires to proceed with the Project and is
willing to do so under the terms and conditions of this agreement.
The City, upon receipt of the security and assurances described in
this agreement, is willing to issue a building permit for the
Project.
NOW, THEREFORE, in consideration of the terms, conditions and
covenants of this agreement, on their own behalf and on behalf of
their successors in interest, the parties hereto enter into this
agreement as set forth below.
1. A building permit for the Project shall be issued by the
City, if the Project meets all of the standards imposed by law and
this agreement, prior to the recordation of the Final Tract Map
2. Developer shall deliver to the City a Certificate of
Deposit in a bank acceptable to the City in the face amount of
$ The Certificate of Deposit shall be in a form
acceptable to the City, shall be solely in the name of the City,
and shall be payable upon demand to the City without recourse by
the Developer.
3. The Certificate of Deposit shall be security for the
performance of the obligations of the Developer described herein,
in consideration of the City issuing the building permit described
herein.
4. Any interest accruing on the Certificate of Deposit shall
accrue to the Developer during the period the Certificate of
Deposit is held by the City.
5. The Certificate of Deposit shall be released to the
Developer by the City upon performance of all of the obligations
of Developer described herein.
6. Developer shall record the Final Tract Map #
• prior to any of the following occurring:
a. Issuance of any type of a Certificate of Occupancy
by the City for the Project;
b. The turn -on of any utility for the Project;
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I41 RAIT
C. Any physical occupancy of the property by other than
the building contractor or subcontractors.
• d. Developer shall also, prior to the recording of the
Final Tract Map # or concurrently therewith, record an
Agreement Affecting Real Property and /or Subdivision Agreement, as
required by the City, to implement all conditions of approval of
the Project.
e. Developer shall record Final Tract Map # with
all due speed, but in no event later than one year from the date
of approval of the Tentative Map.
7. In the event Developer fails to comply with paragraphs
6, 6a. 6b. 6c. 6d. and 6e., or any of them, of this agreement, City
may negotiate the Certificate of Deposit without recourse by the
Developer, and place the funds in the City's General Fund.
Developer specifically waives and gives up any and all claims to
the said funds upon non - compliance with paragraphs 6, 6a. 6b. 6c.
6d. and 6e., or any of them, and shall not raise the same in any
Court of law, or before any similar body.
8. Developer hereby waives and gives up any and all claims,
rights or arguments it may have or may acquire by virtue of the
• issuance of a building permit for work done by Developer on the
Project as the result of the issuance of a building permit, to
vested rights to build the Project on the property, and shall not
raise the same in any Court of law or before any similar body.
9. Prior to the occurrence of any of the events described
in paragraphs 6, 6a. 6b. 6c. 6d. and 6e., Developer shall pay the
City's attorney fees in connection with the circumstances
surrounding the preparation of this agreement and with
circumstances relating to events occurring in the development of
the property in connection with this agreement requiring legal
advice to the City, upon invoice.
10. Nothing in this agreement requires the City to approve
Final Tract Map # , if it does not comply with law or
the conditions imposed by the Tentative Map; nor to approve any
permit for the development of the property, if the application for
such a permit does not comply with law or conditions.
11. Developer specifically acknowledges its duties and
responsibilities and obligations described herein and warrants that
the person signing this agreement on its behalf has the specific
authority to do so.
12. In the event Developer brings any action whatsoever in
a Court of law or other similar body, Developer shall pay the
City's attorney fees in connection therewith in full, upon invoice.
13. All notices to be given under this agreement shall be
deemed served upon receipt by the addressee, or if mailed, upon the
first to occur of (a) receipt or (b) the expiration of 72 hours
after deposit in the United States postal service certified mail,
postage prepaid, addressed to the address of City or Developer,
appearing below. Such addresses may be changed by notice given in
the same manner required herein, provided any such changed address
is located in the State of California or in the state in which
Developer's principal place of business is located.
As to City: City of E1 Segundo
Att: City Attorney
350 Main Street
El Segundo, California 90245
• As to Developer:
14. This agreement shall become effective upon the date first
above written.
-3- JOA:R- 041889.PL
EMBIT RAI'
15. All waivers of the provisions of this agreement must be
in writing and signed by the appropriate authorities of City and
Developer and /or its respective successors in interest, and all
amendments hereto must be in writing and signed by the appropriate
authorities of City and Developer and /or its successors in
interest.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their duly authorized officer or
representative on the date hereinabove noted.
"CITY"
CITY OF EL SEGUNDO
By
Mayor
ATTEST:
"DEVELOPER"
By
ATTEST:
By By
i City Clerk
E
•
-4- JOA:R- 041889.PL
�IHIT HAR
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
resolution, being Resolution No. 3591 was duly passed and adopted
by the said City Council, approved and signed by the Mayor of
• said City, and attested by the City Clerk of said City, all at a
adjourned regular meeting of the said Council held on the 18th
day of April 1989 and that the same was so passed and adopted by
the following vote:
AYES: Councilmembers Clutter, Dannen,
West, Anderson and Mayor Jacobson
NOES: None
ABSENT: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 9th day
of May, 1989.
E
RONALD L. HART
City Clerk of the
City of E1 Segundo, California
( SEAL)
Ll
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
resolution, being Resolution No. 3592 was duly passed and adopted
by the said City Council, approved and signed by the Mayor of
• said City, and attested by the City Clerk of said City, all at a
adjourned regular meeting of the said Council held on the 2nd
day of May 1989 and that the same was so passed and adopted by
the following vote:
AYES: Councilmembers Clutter, Dannen,
West, Anderson and Mayor Jacobson
NOES: None
ABSENT: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 9th day
of May, 1989.
City Clerk of the
City of E1 Segundo, California
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
resolution, being Resolution No. 3593 was duly passed and adopted
by the said City Council, approved and signed by the Mayor of
said City, and attested by the City Clerk of said City, all at a
adjourned regular meeting of the said Council held on the 18th
day of April 1989 and that the same was so passed and adopted by
the following vote:
AYES: Councilmembers Clutter, Dannen,
West, Anderson and Mayor Jacobson
NOES: None
ABSENT: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 9th day
of May, 1989.
0
i� Ll�
RONALD L. HART
City Clerk of the
City of E1 Segundo, California
( SEAL)
COST RECOVERY FOR POLICE DEPARTMENT SERVICES
page 2
5.28.010 E.S.H.C.
Poolroom Investigation " 0
25. 5.38.040/5.04.125 E.S.M.C.
Fortunetelling Permit Instigation ^ 0
26. 5.44.030/5.04.125 E.S.M.C.
Firearms Business License -
ATTACHMENT A
256
256 0
256
256 0
Investigation .� 0 256 256 0
27. 5.46.040 E.S.H.C.
Bingo Games Investigation ^ 0 256 256 0
28. 5.48.100 E.S.M.C.
Alarm Permit Investigation Business ^ 10 256 256 11280
(A) Residential Alarms 10 128 128 640
29. 9.44.010 E.S.M.C.
Parade Permit Investigation p 0 256 256 256
GRAND TOTAL $241,761
PROJECTED NET INCREASE $85,602
* 5. Photographs - The $21 cost to provide this service does not allow for multiple copies of photographs. $5, the
recommended fee, is more in line with the true cost of each photograph.
6. Records - The lion share of records checks are made by the Federal Government who are limited by statute to
pay up to $5 for each record check. In the spirit of cooperation with the government we recommend $5 fee.
^ 20. 'Permit & License Investigations The $256 listed is the Police Departments cost for the investigation only. All
other fees and costs proposed by other City Departments must be
added.
March 14, 1989
DGB:mks
40
ATTACHMENT A
COST RECOVERY
FOR POLICE DEPARTMENT
SERVICES
COST TO
STAFF
CURRENT
PROVIDE
PROPOSED
ESTIMATED
A
TYPE OF ACTIVITY
FEE
SERVICE
FEE
REVENUE
1.
Traffic Accident Report
$20
$59
$59
$20,650
2.
Daily Reports
20
62
67
12,400
3.
Arrest Reports
20
67
67
1,675
4.
5.48.060 E.S.M.C. $100
after
$100 after
False Alarms 5th false
alarm
57
3rd false alarm
81600
5.
Photographs
3
21
5
745
6.
Records checks °
5
6
5
3,500
7.
Fingerprint Service
6
10
10
13,855
(one or two cards)
($10
each additional card)
8.
5.08.630 E.S.M.C.
Taxi License
24
24
24
9,600
Court Commitment
85
85
85
70,000
(A) Work Furlough
45
45
45
30,000
10.
Records Research
0
12
12
600
11.
Vehicle Release
3
60
60
30,000
12.
D.U.I. Collision
34 /hr
69 /hr
69 /hr
10,570
13.
Mechanical Violation Citation
0
4
4
400
14.
Viewing Reports
10
6
10
200
15.
5.16.20 E.S.M.C.
Taxi Vehicle Inspections
20
35
35
11750
16.
5.16.330 E.S.M.C.
Taxi Driver Permits
15
46
46
21300
17.
Filming Security
30 /hr
69 /hr
69 /hr
20,000
(A) Police Vehicle
5 /hr
5 /hr
5 /hr
500
40
9.06.120 E.S.M.C.
Party Calls
69 /hr
69 /hr
69 /hr
344
19.
5.40.030 E.S.M.C.
Massage Establishment Permit
(A) Initial Inspection
500
500
500
11000
(b) Annual Inspection
120
120
120
480
20.
5.40.040 E.S.M.C.
Entertainment Permit ^
0
256
256
1,536
(A) 5.36.080 E.S.M.C.
Identification Card
5
10
10
0
21.
5.40.040 E.S.M.C.
Massage Technician Permits
(A) One Time Fee
150
150
150
600
(E) County Examination
50
50
50
200
(one time fee)
22.
5.20.020 E.S.M.C.
Mouse Permit Investigation ^
0
256
256
0
iAuction
Z5.
5.24.020/5.04.125 E.S.M.C.
Pawnshop & Junk Shop Permit
& Investigation P,
0
256
256
0
* *THE CITY COUNCIL AT THEIR MEETING OF
SEPTEMBER 4, 1990 APPROVED THE FOLLOWING
qP CHANGES TO RESOLUTION NUMBER 3593 **
L
EFFECTIVE IMMEDIATELY
f
Frank V. Meehan, Chief of Police
NOVEMBER 15, 1990
The followi_ -g fees for reports and services are effective:
Fingerprinting Service .....................$10.00 (1 -2 cards)
* Vehicle Releases ........ .........................$20.00
Records Checks (Local)
Criminal History Only ......................$ 5.00 per name
*Research Charges ................. .............$ 6.00
Viewing Fee ......................................... $10.00 (each 10 min.
*Traffic Collision reports ................. $15.00
Arrest Reports .......... .........................$67.00
*All Other Reports .... .........................$15.00
Ticket Sign - off ..... ..............................$ 4.00
Photographs ........ ..............................$ 5.00 per copy
*Message Establishment Permit
Annual Inspection . ........................$160.00
*Changes to fees made per minute Order.
E�czc,t Ghwaej Cash, DnL�� �No c�ncc.�s
•
348 Main Street, El Segundo, CA 90245 -3885
Phone (213) 322 -9114 FAX (213) 640 -8648