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CC RESOLUTION 4382RESOLUTION NO. 4382 A RESOLUTION ESTABLISHING IN -LIEU FEES IN ACCORDANCE WITH THE EL SEGUNDO DOWNTOWN SPECIFIC PLAN. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds and declares as follows: A. This Resolution is adopted in accord with the El Segundo Downtown Specific Plan ( "DSP ") and the El Segundo Municipal Code ( "SPMC ") for the purpose of establishing in -lieu parking fees; B. The ESMC generally requires that new construction provide sufficient parking to accommodate vehicle traffic generated from such construction; C. The unique circumstances of the City's downtown, e.g., the number of non - conforming small lots, can make it difficult for businesses to expand since the ability to provide adequate parking is limited by available acerage; D. It is in the public interest for the City to provide options to persons seeking to expand the size of their businesses to comply with the ESMC; E. To fulfill this responsibility, the City adopted an in -lieu fee program that allows business owners to pay a fee to the City to satisfy parking requirements set forth in the ESMC; F. This Resolution relies upon the documentary and testimonial evidence submitted to the City during the public hearing held on November 5, 2003 in addition to such additional information that may be in the administrative record; G. The Report prepared by Rosenow Spevacek Group, Inc., dated June 12, 2003, regarding calculations of Downtown Parking Fees ( "Report") is incorporated into this Resolution by reference; H. The Report concludes that the City may set an in -lieu parking fee as in an amount not to exceed $37,693 per parking space; The Council believes that establishing the full amount suggested in the Report may discourage businesses from participating in the in- lieu program and, accordingly, believes it is in the public interest to establish a fee of a lesser amount; and This Resolution relies upon the calculations, assumptions, analysis, and conclusions set forth in the Report in addition to all other matters in the City's records. SECTION 2: Calculation of Parking Fees. The amount of parking fees that can be paid to the City in accordance with the DSP ( "Fees ") is established at $12,500 per parking space for one (1) year after the effective date of this Resolution. Thereafter, the Fees will be automatically increased to $17,500 per parking space. SECTION 3: Exempt under the California Environmental Quality Act. This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA') and CEQA regulations (Cal. Code Regs. Title 14, §§ 15000, et seq.) because it establishes, structures, and approves rates and charges to obtain funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, § 15273. SECTION 4: Effective Date of this Resolution. This Resolution will become effective immediately upon adoption and remain in effect unless repealed or superseded. PASSED AND ADOPTED this 20th day of July 2004. Kelly McDowell, Mayor ATTEST: u� ¢ 4VKF w- Cindy Wrtesen, City Clerk APPROVED S TO FORM: Mark D, 4erf�ey, City Attorney H. rge? >tant ity Attorney