CC RESOLUTION 4599RESOLUTION NO. 4599
A RESOLUTION ESTABLISHING PROCEDURES FOR PAYING
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 accordance with the El Segundo
Downtown Specific Plan ( "DSP ") and the El Segundo Municipal
Code ( "SPMC ") for the purpose of establishing criteria to permit
persons to repay in -lieu parking fees over a period of time;
B. In 2003 and 2004, the City Council established an in -lieu parking
fee to allow businesses within the DSP to pay the City a fee rather
than construct new parking;
C. The City Council recognized at that time that the unique
circumstances of the City's downtown, e.g., the number of non-
conforming small lots, makes it difficult for businesses to expand
since the ability to provide adequate parking is limited by available
acreage;
D. Since that time, the City Council became aware that some property
owners were reluctant to pay a lump sum in -lieu fee to the City and
preferred to pay such fee over a period of time. This reluctance,
and the inability to physically construct parking places on or near
businesses within the downtown, prevented businesses from
expanding within the DSP;
E. This Resolution relies upon the documentary and testimonial
evidence submitted to the City during the public hearing held on
May 20, 2009 in addition to such additional information that may be
in the administrative record;
SECTION 2: Payment Plans — Authorized. Pursuant to the DSP and subject to
this Resolution, the City Council authorizes the City Manager, or designee
(collectively, "Administrator ") to allow persons seeking to pay an in -lieu fee to the
City over a period of time ( "Payment Plan "). The Administrator is authorized to
promulgate administrative policies and procedures ( "AP&P ") to implement the
purpose of this Resolution.
SECTION 3: Payment Plan — Minimum Requirements. Payment Plans
authorized by this Resolution must, at a minimum, meet the following criteria:
A. The term for repayment cannot exceed twenty (20) years from the
date the City issues a final certificate of occupancy for a facility;
B. The debtor must enter into a repayment agreement with the City;
execute a promissory note in favor of the City; execute a deed of
trust in favor of the City to secure the promissory note; if required
by the Administrator, upon recommendation by the City Attorney,
record a covenant against the real property subject to parking
requirements under the DSP; and take such additional action as
may be required by the AP&P. All such documents must be
approved as to form by the City Attorney.
SECTION 4: 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 CEQA Regulations §
15273.
SECTION 5: 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 2nd da f J
Welly McDowe
Mayor
ATTEST:
Cindy Mo
City Clerk
APPROVE S %fiP
Mark D. H lei , i A
0
Karl H. Berger
Assistant City,
2